[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2014 Edition]
[From the U.S. Government Publishing Office]
[[Page i]]
Title 40
Protection of Environment
________________________
Part 52 (Secs. 52.01 to 52.1018)
Revised as of July 1, 2014
Containing a codification of documents of general
applicability and future effect
As of July 1, 2014
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........................ 903
Alphabetical List of Agencies Appearing in the CFR...... 923
List of CFR Sections Affected........................... 933
[[Page iv]]
----------------------------
Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 40 CFR 52.01 refers
to title 40, part 52,
section 01.
----------------------------
[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
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parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
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[[Page vi]]
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this volume.
[[Page vii]]
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Charles A. Barth,
Director,
Office of the Federal Register.
July 1, 2014.
[[Page ix]]
THIS TITLE
Title 40--Protection of Environment is composed of thirty-three
volumes. The parts in these volumes are arranged in the following order:
Parts 1-49, parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-
52.2019), part 52 (52.2020-end of part 52), parts 53-59, part 60 (60.1-
end of part 60, sections), part 60 (Appendices), parts 61-62, part 63
(63.1-63.599), part 63 (63.600-63.1199), part 63 (63.1200-63.1439), part
63 (63.1440-63.6175), part 63 (63.6580-63.8830), part 63 (63.8980-end of
part 63), parts 64-71, parts 72-80, parts 81-84, parts 85-86, parts 87-
95, parts 96-99, parts 100-135, parts 136-149, parts 150-189, parts 190-
259, parts 260-265, parts 266-299, parts 300-399, parts 400-424, parts
425-699, parts 700-789, parts 790-999, and part 1000 to end. The
contents of these volumes represent all current regulations codified
under this title of the CFR as of July 1, 2014.
Chapter I--Environmental Protection Agency appears in all thirty-
three volumes. Regulations issued by the Council on Environmental
Quality, including an Index to Parts 1500 through 1508, appear in the
volume containing part 1000 to end. The OMB control numbers for title 40
appear in Sec. 9.1 of this chapter.
For this volume, Bonnie Fritts was Chief Editor. The Code of Federal
Regulations publication program is under the direction of John Hyrum
Martinez, assisted by Ann Worley.
[[Page 1]]
TITLE 40--PROTECTION OF ENVIRONMENT
(This book contains part 52, Secs. 52.01 to 52.1018)
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Part
chapter i--Environmental Protection Agency (Continued)...... 52
[[Page 3]]
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
--------------------------------------------------------------------
Editorial Note: Nomenclature changes to Chapter I appear at 69 FR
18803, Apr. 9, 2004.
SUBCHAPTER C--AIR PROGRAMS (CONTINUED)
Part Page
52 Approval and promulgation of implementation
plans................................... 5
[[Page 5]]
SUBCHAPTER C_AIR PROGRAMS (CONTINUED)
PART 52_APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS--
Table of Contents
Subpart A_General Provisions
Sec.
52.01 Definitions.
52.02 Introduction.
52.04 Classification of regions.
52.05 Public availability of emission data.
52.06 Legal authority.
52.07 Control strategies.
52.08 Rules and regulations.
52.09 Compliance schedules.
52.10 Review of new sources and modifications.
52.11 Prevention of air pollution emergency episodes.
52.12 Source surveillance.
52.13 Air quality surveillance; resources; intergovernmental
cooperation.
52.14 State ambient air quality standards.
52.15 Public availability of plans.
52.16 Submission to Administrator.
52.17 Severability of provisions.
52.18 Abbreviations.
52.20 Attainment dates for national standards.
52.21 Prevention of significant deterioration of air quality.
52.22 Enforceable commitments for further actions addressing the
pollutant greenhouse gases (GHGs).
52.23 Violation and enforcement.
52.24 Statutory restriction on new sources.
52.26 Visibility monitoring strategy.
52.27 Protection of visibility from sources in attainment areas.
52.28 Protection of visibility from sources in nonattainment areas.
52.29 Visibility long-term strategies.
52.30 Criteria for limiting application of sanctions under section
110(m) of the Clean Air Act on a statewide basis.
52.31 Selection of sequence of mandatory sanctions for findings made
pursuant to section 179 of the Clean Air Act.
52.32 Sanctions following findings of SIP inadequacy.
52.33 Compliance certifications.
52.34 Action on petitions submitted under section 126 relating to
emissions of nitrogen oxides.
52.35 What are the requirements of the Federal Implementation Plans
(FIPs) for the Clean Air Interstate Rule (CAIR) relating to
emissions of nitrogen oxides?
52.36 What are the requirements of the Federal Implementation Plans
(FIPs) for the Clean Air Interstate Rule (CAIR) relating to
emissions of sulfur dioxide?
52.37 What are the requirements of the Federal Implementation Plans
(FIPs) to issue permits under the Prevention of Significant
Deterioration requirements to sources that emit greenhouse
gases?
52.38 What are the requirements of the Federal Implementation Plans
(FIPs) under the Transport Rule (TR) relating to emissions of
nitrogen oxides?
52.39 What are the requirements of the Federal Implementation Plans
(FIPs) for the Transport Rule (TR) relating to emissions of
sulfur dioxide?
Subpart B_Alabama
52.50 Identification of plan.
52.51 Classification of regions.
52.53 Approval status.
52.54 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.55 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
52.56 [Reserved]
52.57 Control strategy: Sulfur oxides.
52.58 Control strategy: Lead.
52.60 Significant deterioration of air quality.
52.61 Visibility protection.
52.62 Control strategy: Sulfur oxides and particulate matter.
52.63 PM10 State Implementation Plan development in group II
areas.
52.64 Determination of attainment.
52.65 Control strategy: Nitrogen oxides.
52.66 [Reserved]
52.69 Original identification of plan section.
Subpart C_Alaska
52.70 Identification of plan.
52.71 Classification of regions.
52.72 Approval status.
52.73 Approval of plans.
52.74 Original identification of plan section.
52.75 [Reserved]
52.76 1990 Base Year Emission Inventory.
52.77-52.81 [Reserved]
52.82 Extensions.
52.83-52.95 [Reserved]
52.96 Significant deterioration of air quality.
52.97-52.98 [Reserved]
Subpart D_Arizona
52.111 Toll free number assignment.
52.120 Identification of plan.
52.121 Classification of regions.
52.122 Negative declarations.
52.123 Approval status.
[[Page 6]]
52.124 Part D disapproval.
52.125 Control strategy and regulations: Sulfur oxides.
52.126 Control strategy and regulations: Particulate matter.
52.127 Commitment to promulgate and implement reasonably available
control measures for the agricultural fields and aprons.
52.128 Rule for unpaved parking lots, unpaved roads and vacant lots.
52.129 Review of new sources and modifications.
52.130 Source surveillance.
52.131 Control Strategy and regulations: Fine Particle Matter.
52.132 [Reserved]
52.133 Rules and regulations.
52.134 Compliance schedules.
52.135 Resources.
52.136 Control strategy for ozone: Oxides of nitrogen.
52.137 [Reserved]
52.138 Conformity procedures.
52.139 [Reserved]
52.140 Monitoring transportation trends.
52.141 [Reserved]
52.142 Federal Implementation Plan for Tri-Cities landfill, Salt River
Pima-Maricopa Indian Community.
52.143 [Reserved]
52.144 Significant deterioration of air quality.
52.145 Visibility protection.
52.146 Particulate matter (PM-10) Group II SIP commitments.
52.147 Interstate transport.
52.150 Yavapai-Apache Reservation.
52.151 Operating permits.
Subpart E_Arkansas
52.170 Identification of plan.
52.171 Classification of regions.
52.172 Approval status.
52.173 Visibility protection.
52.174-52.180 [Reserved]
52.181 Significant deterioration of air quality.
52.183 Small business assistance program.
52.184 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.200 Original identification of plan section.
Subpart F_California
52.219 Identification of plan--conditional approval.
52.220 Identification of plan.
52.221 Classifications of regions.
52.222 Negative declarations.
52.223 Approval status.
52.224 General requirements.
52.225 Legal authority.
52.226 Control strategy and regulations: Particulate matter, San
Joaquin Valley and Mountain Counties Intrastate Regions.
52.227 Control strategy and regulations: Particulate matter,
Metropolitan Los Angeles Intrastate Region.
52.228 Regulations: Particulate matter, Southeast Desert Intrastate
Region.
52.229 Control strategy and regulations: Photochemical oxidants
(hydrocarbons), Metropolitan Los Angeles Intrastate Region.
52.230 Control strategy and regulations: Nitrogen dioxide.
52.231 Regulations: Sulfur oxides.
52.232 Part D conditional approval.
52.233 Review of new sources and modifications.
52.234 Source surveillance.
52.235 Control strategy for ozone: Oxides of nitrogen.
52.236 Rules and regulations.
52.237 Part D disapproval.
52.238 Commitment to undertake rulemaking.
52.239 Alternate compliance plans.
52.240 Compliance schedules.
52.241 Inspection and maintenance program.
52.242 Disapproved rules and regulations.
52.243 Interim approval of the Carbon Monoxide plan for the South
Coast.
52.244 Motor vehicle emissions budgets.
52.245 New Source Review rules.
52.246 Control of dry cleaning solvent vapor losses.
52.247 Control Strategy and regulations: Fine Particle Matter.
52.248-52.251 [Reserved]
52.252 Control of degreasing operations.
52.253 Metal surface coating thinner and reducer.
52.254 Organic solvent usage.
52.255 Gasoline transfer vapor control.
52.256 Control of evaporative losses from the filling of vehicular
tanks.
52.257-52.262 [Reserved]
52.263 Priority treatment for buses and carpools--Los Angeles Region.
52.264-52.268 [Reserved]
52.269 Control strategy and regulations: Photochemical oxidants
(hydrocarbons) and carbon monoxide.
52.270 Significant deterioration of air quality.
52.271 Malfunction, startup, and shutdown regulations.
52.272 Research operations exemptions.
52.273 Open burning.
52.274 California air pollution emergency plan.
52.275 Particulate matter control.
52.276 Sulfur content of fuels.
52.277 Oxides of nitrogen, combustion gas concentration limitations.
52.278 Oxides of nitrogen control.
52.279 Food processing facilities.
[[Page 7]]
52.280 Fuel burning equipment.
52.281 Visibility protection.
52.282 Control strategy and regulations: Ozone.
52.283 Interstate Transport.
Subpart G_Colorado
52.320 Identification of plan.
52.321 Classification of regions.
52.322 Extensions.
52.323 Approval status.
52.324 Legal authority.
52.325 [Reserved]
52.326 Area-wide nitrogen oxides (NOX) exemptions.
52.327-52.328 [Reserved]
52.329 Rules and regulations.
52.330 Control strategy: Total suspended particulates.
52.331 Committal SIP for the Colorado Group II PM10 areas.
52.332 Control strategy: Particulate matter.
52.333-52.342 [Reserved]
52.343 Significant deterioration of air quality.
52.344 Visibility protection.
52.345 Stack height regulations.
52.346 Air quality monitoring requirements.
52.347 [Reserved]
52.348 Emission inventories.
52.349 Control strategy: Carbon monoxide.
52.350 Control strategy: Ozone.
52.351 United States Postal Service substitute Clean Fuel Fleet
Program.
52.352 Interstate transport.
52.353 Section 110(a)(2) infrastructure requirements.
Subpart H_Connecticut
52.369 [Reserved]
52.370 Identification of plan.
52.371 Classification of regions.
52.372 Extensions.
52.373 Approval status.
52.374 Attainment dates for national standards.
52.375 Certification of no sources.
52.376 Control strategy: Carbon monoxide.
52.377 Control strategy: Ozone.
52.378 Control strategy: PM10
52.379 Control strategy: PM2.5.
52.380 Rules and regulations.
52.381 Requirements for State implementation plan revisions relating to
new motor vehicles.
52.382 Significant deterioration of air quality.
52.383 Stack height review.
52.384 Emission inventories.
52.385 EPA-approved Connecticut regulations.
52.387 Interstate Transport for the 1997 8-hour ozone and PM2.5 NAAQS.
Subpart I_Delaware
52.420 Identification of plan.
52.421 Classification of regions.
52.422 Approval status.
52.423 1990 Base Year Emission Inventory.
52.424 Conditional approval.
52.425 Determinations of attainment.
52.426 Control Strategy plans for attainment and rate-of-progress:
ozone.
52.427 Control strategy: Particulate matter.
52.428-52.429 [Reserved]
52.430 Photochemical assessment monitoring stations (PAMS) program.
52.431 [Reserved]
52.432 Significant deterioration of air quality.
52.433 [Reserved]
52.440 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.441 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
52.460 Small business stationary source technical and environmental
compliance assistance program.
52.465 Original identification of plan section.
Subpart J_District of Columbia
52.470 Identification of plan.
52.471 Classification of regions.
52.472 Approval status.
52.473 [Reserved]
52.474 Base Year Emissions Inventory.
52.475 Determinations of attainment.
52.476 Control strategy: ozone.
52.477 Control strategy: Particulate matter.
52.478 Rules and Regulations.
52.479 [Reserved]
52.480 Photochemical assessment monitoring stations (PAMS) program.
52.481-52.483 [Reserved]
52.484 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.485 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
52.486-52.497 [Reserved]
52.498 [Reserved]
52.499 Significant deterioration of air quality.
52.510 Small business assistance program.
52.515 Original identification of plan section.
Subpart K_Florida
52.519 [Reserved]
52.520 Identification of plan.
52.521 Classification of regions.
52.522 Approval status.
[[Page 8]]
52.523 Control strategy: Ozone.
52.524 Compliance schedule.
52.525 General requirements.
52.526 Legal authority.
52.527 [Reserved]
52.528 Control strategy: Sulfur oxides and particulate matter.
52.529 [Reserved]
52.530 Significant deterioration of air quality.
52.532 [Reserved]
52.533 Source surveillance.
52.534 Visibility protection.
52.536 Original identification of plan section.
52.540 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
Subpart L_Georgia
52.569 [Reserved]
52.570 Identification of plan.
52.571 Classification of regions.
52.572 Approval status.
52.573 Control strategy: General.
52.574-52.575 [Reserved]
52.576 Compliance schedules.
52.577 Determination of attainment.
52.578 Control strategy: Sulfur oxides and particulate matter.
52.579 Economic feasibility considerations.
52.580 Visibility protection.
52.581 Significant deterioration of air quality.
52.582 Control strategy: Ozone.
52.583 Additional rules and regulations.
52.584 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.585 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
52.590 Original identification of plan section.
Subpart M_Hawaii
52.620 Identification of plan.
52.621 Classification of regions.
52.622 Original identification of plan.
52.623 Approval status.
52.624 General requirements.
52.625 Legal authority.
52.626 Compliance schedules.
52.627-52.631 [Reserved]
52.632 Significant deterioration of air quality.
52.633 Visibility protection.
52.634 Particulate matter (PM-10) Group III SIP.
Subpart N_Idaho
52.670 Identification of plan.
52.671 Classification of regions.
52.672 Approval of plans.
52.673 Approval status.
52.674 [Reserved]
52.675 Control strategy: Sulfur oxides--Eastern Idaho Intrastate Air
Quality Control Region.
52.676 [Reserved]
52.677 Original identification of plan section.
52.678-52.680 [Reserved]
52.681 Permits to construct and tier II operating permits.
52.682 [Reserved]
52.683 Significant deterioration of air quality.
52.684-52.689 [Reserved]
52.690 Visibility protection.
52.691 Extensions.
Subpart O_Illinois
52.719 [Reserved]
52.720 Identification of plan.
52.721 Classification of regions.
52.722 Approval status.
52.723 [Reserved]
52.724 Control strategy: Sulfur dioxide.
52.725 Control strategy: Particulates.
52.726 Control strategy: Ozone.
52.727 [Reserved]
52.728 Control strategy: Nitrogen dioxide. [Reserved]
52.729 Control strategy: Carbon monoxide.
52.730 Compliance schedules.
52.731 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.732 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
52.733-52.735 [Reserved]
52.736 Review of new sources and modifications.
52.737 Operating permits.
52.738 Significant deterioration of air quality.
52.739 Permit fees.
52.740 Interstate pollution.
52.741 Control strategy: Ozone control measures for Cook, DuPage, Kane,
Lake, McHenry and Will Counties.
52.742 Incorporation by reference.
52.743 Continuous monitoring.
52.744 Small business stationary source technical and environmental
compliance assistance program.
52.745 Section 110(a)(2) infrastructure requirements.
Subpart P_Indiana
52.769 Identification of plan--conditional approval.
52.770 Identification of plan.
52.771 Classification of regions.
52.772 [Reserved]
[[Page 9]]
52.773 Approval status.
52.774 Determination of attainment.
52.775 Legal authority.
52.776 Control strategy: Particulate matter.
52.777 Control strategy: Photochemical oxidants (hydrocarbons).
52.778 Compliance schedules.
52.779 [Reserved]
52.780 Review of new sources and modifications.
52.781 Rules and regulations.
52.782 Request for 18-month extension.
52.783 [Reserved]
52.784 Transportation and land use controls.
52.785 Control strategy: Carbon monoxide.
52.786 Inspection and maintenance program.
52.787 Gasoline transfer vapor control.
52.788 Operating permits.
52.789 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.790 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
52.791 Visibility protection.
52.792 [Reserved]
52.793 Significant deterioration of air quality.
52.794 Source surveillance.
52.795 Control strategy: Sulfur dioxide.
52.796 Industrial continuous emission monitoring.
52.797 Control strategy: Lead.
52.798 Small business stationary source technical and environmental
compliance assistance program.
52.799 Transportation conformity.
52.800 Original identification of plan section.
Subpart Q_Iowa
52.820 Identification of plan.
52.821 Classification of regions.
52.822 Approval status.
52.823 PM10 State Implementation Plan Development in Group
II Areas.
52.824 Original identification of plan section.
52.825 Compliance schedules.
52.826-52.827 [Reserved]
52.828 Enforcement.
52.829-52.832 [Reserved]
52.833 Significant deterioration of air quality.
52.834 Control strategy: Sulfur dioxide.
52.840 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.841 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
52.842 Visibility protection.
Subpart R_Kansas
52.869 [Reserved]
52.870 Identification of plan.
52.871 Classification of regions.
52.872 Operating permits.
52.873 Approval status.
52.874 Legal authority.
52.875 Original identification of plan section.
52.876 Compliance schedules.
52.877-52.880 [Reserved]
52.881 PM10 State implementation plan development in group
II areas.
52.882 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.883 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
52.884 Significant deterioration of air quality.
Subpart S_Kentucky
52.919 Identification of plan-conditional approval.
52.920 Identification of plan.
52.921 Classification of regions.
52.922 [Reserved]
52.923 Approval status.
52.924 Legal authority.
52.925 General requirements.
52.926 Attainment dates for national standards.
52.927 Compliance schedule.
52.928 Control strategy: Sulphur oxides.
52.929 Determination of attainment.
52.930 Control strategy: Ozone.
52.931 Significant deterioration of air quality.
52.932 Rules and regulations.
52.933 Control strategy: Sulfur oxides and particulate matter.
52.934 [Reserved]
52.935 PM10 State implementation plan development in group
II areas.
52.936 Visibility protection.
52.937 Review of new sources and modifications.
52.938 General conformity.
52.939 Original identification of plan section.
52.940 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.941 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
Subpart T_Louisiana
52.970 Identification of plan.
52.971 Classification of regions.
52.972-52.974 [Reserved]
[[Page 10]]
52.975 Redesignations and maintenance plans; ozone.
52.976 Review of new sources and modification.
52.977 Control strategy and regulations: Ozone.
52.978-52.983 [Reserved]
52.984 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.985 Visibility protection.
52.986 Significant deterioration of air quality.
52.987 Control of hydrocarbon emissions.
52.988 [Reserved]
52.990 Stack height regulations
52.991 Small business assistance program.
52.992 Area-wide nitrogen oxides exemptions.
52.993 Emissions inventories.
52.994 [Reserved]
52.995 Enhanced ambient air quality monitoring.
52.996 Disapprovals.
52.999 Original Identification of plan section.
52.1000-52.1018 [Reserved]
Authority: 42 U.S.C. 7401 et seq.
Subpart A_General Provisions
Source: 37 FR 10846, May 31, 1972, unless otherwise noted.
Sec. 52.01 Definitions.
All terms used in this part but not defined herein shall have the
meaning given them in the Clean Air Act and in parts 51 and 60 of this
chapter.
(a) The term stationary source means any building, structure,
facility, or installation which emits or may emit an air pollutant for
which a national standard is in effect.
(b) The term commenced means that an owner or operator has
undertaken a continuous program of construction or modification.
(c) The term construction means fabrication, erection, or
installation.
(d) The phrases modification or modified source mean any physical
change in, or change in the method of operation of, a stationary source
which increases the emission rate of any pollutant for which a national
standard has been promulgated under part 50 of this chapter or which
results in the emission of any such pollutant not previously emitted,
except that:
(1) Routine maintenance, repair, and replacement shall not be
considered a physical change, and
(2) The following shall not be considered a change in the method of
operation:
(i) An increase in the production rate, if such increase does not
exceed the operating design capacity of the source;
(ii) An increase in the hours of operation;
(iii) Use of an alternative fuel or raw material, if prior to the
effective date of a paragraph in this part which imposes conditions on
or limits modifications, the source is designed to accommodate such
alternative use.
(e) The term startup means the setting in operation of a source for
any purpose.
(f) [Reserved]
(g) The term heat input means the total gross calorific value (where
gross calorific value is measured by ASTM Method D2015-66, D240-64, or
D1826-64) of all fuels burned.
(h) The term total rated capacity means the sum of the rated
capacities of all fuel-burning equipment connected to a common stack.
The rated capacity shall be the maximum guaranteed by the equipment
manufacturer or the maximum normally achieved during use, whichever is
greater.
[37 FR 19807, Sept. 22, 1972, as amended at 38 FR 12698, May 14, 1973;
39 FR 42514, Dec. 5, 1974; 43 FR 26410, June 19, 1978]
Sec. 52.02 Introduction.
(a) This part sets forth the Administrator's approval and
disapproval of State plans and the Administrator's promulgation of such
plans or portions thereof. Approval of a plan or any portion thereof is
based upon a determination by the Administrator that such plan or
portion meets the requirements of section 110 of the Act and the
provisions of part 51 of this chapter.
(b) Any plan or portion thereof promulgated by the Administrator
substitutes for a State plan or portion thereof disapproved by the
Administrator or not submitted by a State, or supplements a State plan
or portion thereof. The promulgated provisions, together with any
portions of a State plan approved by the Administrator,
[[Page 11]]
constitute the applicable plan for purposes of the Act.
(c) Where nonregulatory provisions of a plan are disapproved, the
disapproval is noted in this part and a detailed evaluation is provided
to the State, but no substitute provisions are promulgated by the
Administrator.
(d) All approved plans and plan revisions listed in subparts B
through DDD and FFF of this part and on file at the Office of the
Federal Register are approved for incorporation by reference by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. Notice of amendments to the plans will be published in
the Federal Register. The plans and plan revisions are available for
inspection at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html. In addition the plans
and plan revisions are available at the following locations:
(1) Office of Air and Radiation, Docket and Information Center (Air
Docket), EPA, 401 M St., SW., Room M1500, Washington, DC 20460.
(2) The appropriate EPA Regional Office as listed below:
(i) Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island,
and Vermont. Environmental Protection Agency, Region 1, 5 Post Office
Square--Suite 100, Boston, MA 02109-3912.
(ii) New York, New Jersey, Puerto Rico, and Virgin Islands.
Environmental Protection Agency, Region 2, 290 Broadway, New York, NY
10007-1866.
(iii) Delaware, District of Columbia, Pennsylvania, Maryland,
Virginia, and West Virginia. Environmental Protection Agency, Region 3,
1650 Arch Street, Philadelphia, PA 19103-2029.
(iv) Alabama, Florida, Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, and Tennessee. Environmental Protection
Agency, Region 4, 61 Forsyth Street, Atlanta, Georgia 30303.
(v) Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, IL 60604-3507.
(vi) Arkansas, Louisiana, New Mexico, Oklahoma, and Texas.
Environmental Protection Agency, Region 6, Fountain Place, 1445 Ross
Avenue, Suite 1200, Dallas TX 75202-2733.
(vii) Iowa, Kansas, Missouri, and Nebraska. Environmental Protection
Agency, Region 7, 11201 Renner Boulevard, Lenexa, Kansas 66219.
(viii) Colorado, Montana, North Dakota, South Dakota, Utah, and
Wyoming. Environmental Protection Agency, Region 8, 1595 Wynkoop Street,
Denver, CO 80202-1129.
(ix) Arizona, California, Hawaii, Nevada, American Samoa,
Commonwealth of the Northern Mariana Islands, and Guam. Environmental
Protection Agency, Region 9, 75 Hawthorne Street, San Francisco, CA
94105.
(x) Alaska, Idaho, Oregon, and Washington. Environmental Protection
Agency, Region 10, 1200 6th Avenue Seattle, WA 98101.
(e) Each State's plan is dealt with in a separate subpart, which
includes an introductory section identifying the plan by name and the
date of its submittal, a section classifying regions, and a section
setting forth dates for attainment of the national standards. Additional
sections are included as necessary to specifically identify disapproved
provisions, to set forth reasons for disapproval, and to set forth
provisions of the plan promulgated by the Administrator. Except as
otherwise specified, all supplemental information submitted to the
Administrator with respect to any plan has been submitted by the
Governor of the State.
(f) Revisions to applicable plans will be included in this part when
approved or promulgated by the Administrator.
[37 FR 10846, May 31, 1972, as amended at 37 FR 15080, July 27, 1972; 47
FR 38886, Sept. 3, 1982; 61 FR 16060, Apr. 11, 1996; 72 FR 38793, July
16, 2007; 76 FR 49671, Aug. 11, 2011; 78 FR 37975, June 25, 2013; 79 FR
22035, Apr. 21, 2014]
Sec. 52.04 Classification of regions.
Each subpart sets forth the priority classification, by pollutant,
for each region in the State. Each plan for each region was evaluated
according to the requirements of part 51 of this chapter applicable to
regions of that priority.
[[Page 12]]
Sec. 52.05 Public availability of emission data.
Each subpart sets forth the Administrator's disapproval of plan
procedures for making emission data available to the public after
correlation with applicable emission limitations, and includes the
promulgation of requirements that sources report emission data to the
Administrator for correlation and public disclosure.
Sec. 52.06 Legal authority.
(a) The Administrator's determination of the absence or inadequacy
of legal authority required to be included in the plan is set forth in
each subpart. This includes the legal authority of local agencies and
State governmental agencies other than an air pollution control agency
if such other agencies are assigned responsibility for carrying out a
plan or portion thereof.
(b) No legal authority as such is promulgated by the Administrator.
Where required regulatory provisions are not included in the plan by the
State because of inadequate legal authority, substitute provisions are
promulgated by the Administrator.
[37 FR 10846, May 31, 1972, as amended at 60 FR 33922, June 29, 1995]
Sec. 52.07 Control strategies.
(a) Each subpart specifies in what respects the control strategies
are approved or disapproved. Where emission limitations with a future
effective date are employed to carry out a control strategy, approval of
the control strategy and the implementing regulations does not supersede
the requirements of subpart N of this chapter relating to compliance
schedules for individual sources or categories of sources. Compliance
schedules for individual sources or categories of sources must require
such sources to comply with applicable requirements of the plan as
expeditiously as practicable, where the requirement is part of a control
strategy designed to attain a primary standard, or within a reasonable
time, where the requirement is part of a control strategy designed to
attain a secondary standard. All sources must be required to comply with
applicable requirements of the plan no later than the date specified in
this part for attainment of the national standard which the requirement
is intended to implement.
(b) A control strategy may be disapproved as inadequate because it
is not sufficiently comprehensive, although all regulations provided to
carry out the strategy may themselves be approved. In this case,
regulations for carrying out necessary additional measures are
promulgated in the subpart.
(c) Where a control strategy is adequate to attain and maintain a
national standard but one or more of the regulations to carry it out is
not adopted or not enforceable by the State, the control strategy is
approved and the necessary regulations are promulgated by the
Administrator.
(d) Where a control strategy is adequate to attain and maintain air
quality better than that provided for by a national standard but one or
more of the regulations to carry it out is not adopted or not
enforceable by the State, the control strategy is approved and
substitute regulations necessary to attain and maintain the national
standard are promulgated.
[37 FR 10846, May 31, 1972, as amended at 37 FR 19807, Sept. 22, 1972;
51 FR 40676, Nov. 7, 1986]
Sec. 52.08 Rules and regulations.
Each subpart identifies the regulations, including emission
limitations, which are disapproved by the Administrator, and includes
the regulations which the Administrator promulgates.
Sec. 52.09 Compliance schedules.
(a) In each subpart, compliance schedules disapproved by the
Administrator are identified, and compliance schedules promulgated by
the Administrator are set forth.
(b) Individual source compliance schedules submitted with certain
plans have not yet been evaluated, and are not approved or disapproved.
(c) The Administrator's approval or promulgation of any compliance
schedule shall not affect the responsibility of the owner or operator to
comply with any applicable emission limitation on and after the date for
final
[[Page 13]]
compliance specified in the applicable schedule.
[37 FR 10846, May 31, 1972, as amended at 38 FR 30877, Nov. 8, 1973]
Sec. 52.10 Review of new sources and modifications.
In any plan where the review procedure for new sources and source
modifications does not meet the requirements of subpart I of this
chapter, provisions are promulgated which enable the Administrator to
obtain the necessary information and to prevent construction or
modification.
[37 FR 10846, May 31, 1972, as amended at 51 FR 40677, Nov. 7, 1986]
Sec. 52.11 Prevention of air pollution emergency episodes.
(a) Each subpart identifies portions of the air pollution emergency
episode contingency plan which are disapproved, and sets forth the
Administrator's promulgation of substitute provisions.
(b) No provisions are promulgated to replace any disapproved air
quality monitoring or communications portions of a contingency plan, but
detailed critiques of such portions are provided to the State.
(c) Where a State plan does not provide for public announcement
regarding air pollution emergency episodes or where the State fails to
give any such public announcement, the Administrator will issue a public
announcement that an episode stage has been reached. When making such an
announcement, the Administrator will be guided by the suggested episode
criteria and emission control actions suggested in Appendix L of part 51
of this chapter or those in the approved plan.
[37 FR 10846, May 31, 1972, as amended at 37 FR 19807, Sept. 22, 1972]
Sec. 52.12 Source surveillance.
(a) Each subpart identifies the plan provisions for source
surveillance which are disapproved, and sets forth the Administrator's
promulgation of necessary provisions for requiring sources to maintain
records, make reports, and submit information.
(b) No provisions are promulgated for any disapproved State or local
agency procedures for testing, inspection, investigation, or detection,
but detailed critiques of such portions are provided to the State.
(c) For purposes of Federal enforcement, the following test
procedures and methods shall be used, provided that for the purpose of
establishing whether or not a person has violated or is in violation of
any provision of the plan, nothing in this part shall preclude the use,
including the exclusive use, of any credible evidence or information,
relevant to whether a source would have been in compliance with
applicable requirements if the appropriate performance or compliance
test procedures or methods had been performed:
(1) Sources subject to plan provisions which do not specify a test
procedure and sources subject to provisions promulgated by the
Administrator will be tested by means of the appropriate procedures and
methods prescribed in part 60 of this chapter unless otherwise specified
in this part.
(2) Sources subject to approved provisions of a plan wherein a test
procedure is specified will be tested by the specified procedure.
[37 FR 10846, May 31, 1972, as amended at 40 FR 26032, June 20, 1975; 62
FR 8328, Feb. 24, 1997]
Sec. 52.13 Air quality surveillance; resources; intergovernmental
cooperation.
Disapproved portions of the plan related to the air quality
surveillance system, resources, and intergovernmental cooperation are
identified in each subpart, and detailed critiques of such portions are
provided to the State. No provisions are promulgated by the
Administrator.
Sec. 52.14 State ambient air quality standards.
Any ambient air quality standard submitted with a plan which is less
stringent than a national standard is not considered part of the plan.
Sec. 52.15 Public availability of plans.
Each State shall make available for public inspection at least one
copy of
[[Page 14]]
the plan in at least one city in each region to which such plan is
applicable. All such copies shall be kept current.
Sec. 52.16 Submission to Administrator.
(a) All requests, reports, applications, submittals, and other
communications to the Administrator pursuant to this part shall be
submitted in duplicate and addressed to the appropriate Regional Office
of the Environmental Protection Agency.
(b) The Regional Offices are as follows:
(1) Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island,
and Vermont. EPA Region 1, 5 Post Office Square--Suite 100, Boston, MA
02109-3912.
(2) New York, New Jersey, Puerto Rico, and Virgin Islands. EPA
Region 2, 290 Broadway, New York, NY 10007-1866.
(3) Delaware, District of Columbia, Pennsylvania, Maryland,
Virginia, and West Virginia. EPA Region 3, 1650 Arch Street,
Philadelphia, PA 19103-2029.
(4) Alabama, Florida, Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, and Tennessee. EPA Region 4, 61 Forsyth
Street, Atlanta, Georgia 30303.
(5) Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. EPA
Region 5, 77 West Jackson Boulevard, Chicago, IL 60604-3507.
(6) Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. EPA Region
6, Fountain Place, 1445 Ross Avenue, Suite 1200, Dallas, TX 75202-2733.
(7) Iowa, Kansas, Missouri, and Nebraska. Environmental Protection
Agency, Region 7, 11201 Renner Boulevard, Lenexa, Kansas 66219.
(8) Colorado, Montana, North Dakota, South Dakota, Utah, and
Wyoming. EPA, Region 8, 1595 Wynkoop Street, Denver, CO 80202-1129.
(9) Arizona, California, Hawaii, Nevada, American Samoa,
Commonwealth of the Northern Mariana Islands, and Guam. EPA, Region 9,
75 Hawthorne Street, San Francisco, CA 94105.
(10) Alaska, Idaho, Oregon, and Washington. EPA, Region 10, 1200 6th
Avenue, Seattle, WA 98101.
[61 FR 16061, Apr. 11, 1996, as amended at 72 FR 38793, July 16, 2007;
76 FR 49671, Aug. 11, 2011; 78 FR 37975, June 25, 2013; 79 FR 22035,
Apr. 21, 2014]
Sec. 52.17 Severability of provisions.
The provisions promulgated in this part and the various applications
thereof are distinct and severable. If any provision of this part or the
application thereof to any person or circumstances is held invalid, such
invalidity shall not affect other provisions or application of such
provision to other persons or circumstances which can be given effect
without the invalid provision or application.
[37 FR 19808, Sept. 22, 1972]
Sec. 52.18 Abbreviations.
Abbreviations used in this part shall be those set forth in part 60
of this chapter.
[38 FR 12698, May 14, 1973]
Sec. 52.20 Attainment dates for national standards.
Each subpart contains a section which specifies the latest dates by
which national standards are to be attained in each region in the State.
An attainment date which only refers to a month and a year (such as July
1975) shall be construed to mean the last day of the month in question.
However, the specification of attainment dates for national standards
does not relieve any State from the provisions of subpart N of this
chapter which require all sources and categories of sources to comply
with applicable requirements of the plan--
(a) As expeditiously as practicable where the requirement is part of
a control strategy designed to attain a primary standard, and
(b) Within a reasonable time where the requirement is part of a
control strategy designed to attain a secondary standard.
[37 FR 19808, Sept. 22, 1972, as amended at 39 FR 34535, Sept. 26, 1974;
51 FR 40676, Nov. 7, 1986]
[[Page 15]]
Sec. 52.21 Prevention of significant deterioration of air quality.
(a)(1) Plan disapproval. The provisions of this section are
applicable to any State implementation plan which has been disapproved
with respect to prevention of significant deterioration of air quality
in any portion of any State where the existing air quality is better
than the national ambient air quality standards. Specific disapprovals
are listed where applicable, in subparts B through DDD of this part. The
provisions of this section have been incorporated by reference into the
applicable implementation plans for various States, as provided in
subparts B through DDD of this part. Where this section is so
incorporated, the provisions shall also be applicable to all lands owned
by the Federal Government and Indian Reservations located in such State.
No disapproval with respect to a State's failure to prevent significant
deterioration of air quality shall invalidate or otherwise affect the
obligations of States, emission sources, or other persons with respect
to all portions of plans approved or promulgated under this part.
(2) Applicability procedures. (i) The requirements of this section
apply to the construction of any new major stationary source (as defined
in paragraph (b)(1) of this section) or any project at an existing major
stationary source in an area designated as attainment or unclassifiable
under sections 107(d)(1)(A)(ii) or (iii) of the Act.
(ii) The requirements of paragraphs (j) through (r) of this section
apply to the construction of any new major stationary source or the
major modification of any existing major stationary source, except as
this section otherwise provides.
(iii) No new major stationary source or major modification to which
the requirements of paragraphs (j) through (r)(5) of this section apply
shall begin actual construction without a permit that states that the
major stationary source or major modification will meet those
requirements. The Administrator has authority to issue any such permit.
(iv) The requirements of the program will be applied in accordance
with the principles set out in paragraphs (a)(2)(iv)(a) through (f) of
this section.
(a) Except as otherwise provided in paragraphs (a)(2)(v) and (vi) of
this section, and consistent with the definition of major modification
contained in paragraph (b)(2) of this section, a project is a major
modification for a regulated NSR pollutant if it causes two types of
emissions increases--a significant emissions increase (as defined in
paragraph (b)(40) of this section), and a significant net emissions
increase (as defined in paragraphs (b)(3) and (b)(23) of this section).
The project is not a major modification if it does not cause a
significant emissions increase. If the project causes a significant
emissions increase, then the project is a major modification only if it
also results in a significant net emissions increase.
(b) The procedure for calculating (before beginning actual
construction) whether a significant emissions increase (i.e., the first
step of the process) will occur depends upon the type of emissions units
being modified, according to paragraphs (a)(2)(iv)(c) through (f) of
this section. The procedure for calculating (before beginning actual
construction) whether a significant net emissions increase will occur at
the major stationary source (i.e., the second step of the process) is
contained in the definition in paragraph (b)(3) of this section.
Regardless of any such preconstruction projections, a major modification
results if the project causes a significant emissions increase and a
significant net emissions increase.
(c) Actual-to-projected-actual applicability test for projects that
only involve existing emissions units. A significant emissions increase
of a regulated NSR pollutant is projected to occur if the sum of the
difference between the projected actual emissions (as defined in
paragraph (b)(41) of this section) and the baseline actual emissions (as
defined in paragraphs (b)(48)(i) and (ii) of this section), for each
existing emissions unit, equals or exceeds the significant amount for
that pollutant (as defined in paragraph (b)(23) of this section).
(d) Actual-to-potential test for projects that only involve
construction of a new
[[Page 16]]
emissions unit(s). A significant emissions increase of a regulated NSR
pollutant is projected to occur if the sum of the difference between the
potential to emit (as defined in paragraph (b)(4) of this section) from
each new emissions unit following completion of the project and the
baseline actual emissions (as defined in paragraph (b)(48)(iii) of this
section) of these units before the project equals or exceeds the
significant amount for that pollutant (as defined in paragraph (b)(23)
of this section).
(e) [Reserved]
(f) Hybrid test for projects that involve multiple types of
emissions units. A significant emissions increase of a regulated NSR
pollutant is projected to occur if the sum of the emissions increases
for each emissions unit, using the method specified in paragraphs
(a)(2)(iv)(c) through (d) of this section as applicable with respect to
each emissions unit, for each type of emissions unit equals or exceeds
the significant amount for that pollutant (as defined in paragraph
(b)(23) of this section).
(v) For any major stationary source for a PAL for a regulated NSR
pollutant, the major stationary source shall comply with the
requirements under paragraph (aa) of this section.
(b) Definitions. For the purposes of this section:
(1)(i) Major stationary source means:
(a) Any of the following stationary sources of air pollutants which
emits, or has the potential to emit, 100 tons per year or more of any
regulated NSR pollutant: Fossil fuel-fired steam electric plants of more
than 250 million British thermal units per hour heat input, coal
cleaning plants (with thermal dryers), kraft pulp mills, portland cement
plants, primary zinc smelters, iron and steel mill plants, primary
aluminum ore reduction plants (with thermal dryers), primary copper
smelters, municipal incinerators capable of charging more than 250 tons
of refuse per day, hydrofluoric, sulfuric, and nitric acid plants,
petroleum refineries, lime plants, phosphate rock processing plants,
coke oven batteries, sulfur recovery plants, carbon black plants
(furnace process), primary lead smelters, fuel conversion plants,
sintering plants, secondary metal production plants, chemical process
plants (which does not include ethanol production facilities that
produce ethanol by natural fermentation included in NAICS codes 325193
or 312140), fossil-fuel boilers (or combinations thereof) totaling more
than 250 million British thermal units per hour heat input, petroleum
storage and transfer units with a total storage capacity exceeding
300,000 barrels, taconite ore processing plants, glass fiber processing
plants, and charcoal production plants;
(b) Notwithstanding the stationary source size specified in
paragraph (b)(1)(i) of this section, any stationary source which emits,
or has the potential to emit, 250 tons per year or more of a regulated
NSR pollutant; or
(c) Any physical change that would occur at a stationary source not
otherwise qualifying under paragraph (b)(1) of this section, as a major
stationary source, if the changes would constitute a major stationary
source by itself.
(ii) A major source that is major for volatile organic compounds or
NOX shall be considered major for ozone.
(iii) The fugitive emissions of a stationary source shall not be
included in determining for any of the purposes of this section whether
it is a major stationary source, unless the source belongs to one of the
following categories of stationary sources:
(a) Coal cleaning plants (with thermal dryers);
(b) Kraft pulp mills;
(c) Portland cement plants;
(d) Primary zinc smelters;
(e) Iron and steel mills;
(f) Primary aluminum ore reduction plants;
(g) Primary copper smelters;
(h) Municipal incinerators capable of charging more than 250 tons of
refuse per day;
(i) Hydrofluoric, sulfuric, or nitric acid plants;
(j) Petroleum refineries;
(k) Lime plants;
(l) Phosphate rock processing plants;
(m) Coke oven batteries;
(n) Sulfur recovery plants;
(o) Carbon black plants (furnace process);
(p) Primary lead smelters;
(q) Fuel conversion plants;
[[Page 17]]
(r) Sintering plants;
(s) Secondary metal production plants;
(t) Chemical process plants--The term chemical processing plant
shall not include ethanol production facilities that produce ethanol by
natural fermentation included in NAICS codes 325193 or 312140;
(u) Fossil-fuel boilers (or combination thereof) totaling more than
250 million British thermal units per hour heat input;
(v) Petroleum storage and transfer units with a total storage
capacity exceeding 300,000 barrels;
(w) Taconite ore processing plants;
(x) Glass fiber processing plants;
(y) Charcoal production plants;
(z) Fossil fuel-fired steam electric plants of more that 250 million
British thermal units per hour heat input, and
(aa) Any other stationary source category which, as of August 7,
1980, is being regulated under section 111 or 112 of the Act.
(2)(i) Major modification means any physical change in or change in
the method of operation of a major stationary source that would result
in: a significant emissions increase (as defined in paragraph (b)(40) of
this section) of a regulated NSR pollutant (as defined in paragraph
(b)(50) of this section); and a significant net emissions increase of
that pollutant from the major stationary source.
(ii) Any significant emissions increase (as defined at paragraph
(b)(40) of this section) from any emissions units or net emissions
increase (as defined in paragraph (b)(3) of this section) at a major
stationary source that is significant for volatile organic compounds or
NOX shall be considered significant for ozone.
(iii) A physical change or change in the method of operation shall
not include:
(a) Routine maintenance, repair and replacement. Routine
maintenance, repair and replacement shall include, but not be limited
to, any activity(s) that meets the requirements of the equipment
replacement provisions contained in paragraph (cc) of this section;
Note to paragraph (b)(2)(iii)(a):
By court order on December 24, 2003, the second sentence of this
paragraph (b)(2)(iii)(a) is stayed indefinitely. The stayed provisions
will become effective immediately if the court terminates the stay. At
that time, EPA will publish a document in the Federal Register advising
the public of the termination of the stay.
(b) Use of an alternative fuel or raw material by reason of an order
under sections 2 (a) and (b) of the Energy Supply and Environmental
Coordination Act of 1974 (or any superseding legislation) or by reason
of a natural gas curtailment plant pursuant to the Federal Power Act;
(c) Use of an alternative fuel by reason of an order or rule under
section 125 of the Act;
(d) Use of an alternative fuel at a steam generating unit to the
extent that the fuel is generated from municipal solid waste;
(e) Use of an alternative fuel or raw material by a stationary
source which:
(1) The source was capable of accommodating before January 6, 1975,
unless such change would be prohibited under any federally enforceable
permit condition which was established after January 6, 1975 pursuant to
40 CFR 52.21 or under regulations approved pursuant to 40 CFR subpart I
or 40 CFR 51.166; or
(2) The source is approved to use under any permit issued under 40
CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166;
(f) An increase in the hours of operation or in the production rate,
unless such change would be prohibited under any federally enforceable
permit condition which was established after January 6, 1975, pursuant
to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR subpart
I or 40 CFR 51.166.
(g) Any change in ownership at a stationary source.
(h) [Reserved]
(i) The installation, operation, cessation, or removal of a
temporary clean coal technology demonstration project, provided that the
project complies with:
(1) The State implementation plan for the State in which the project
is located, and
(2) Other requirements necessary to attain and maintain the national
ambient air quality standards during the project and after it is
terminated.
[[Page 18]]
(j) The installation or operation of a permanent clean coal
technology demonstration project that constitutes repowering, provided
that the project does not result in an increase in the potential to emit
of any regulated pollutant emitted by the unit. This exemption shall
apply on a pollutant-by-pollutant basis.
(k) The reactivation of a very clean coal-fired electric utility
steam generating unit.
(iv) This definition shall not apply with respect to a particular
regulated NSR pollutant when the major stationary source is complying
with the requirements under paragraph (aa) of this section for a PAL for
that pollutant. Instead, the definition at paragraph (aa)(2)(viii) of
this section shall apply.
(v) Fugitive emissions shall not be included in determining for any
of the purposes of this section whether a physical change in or change
in the method of operation of a major stationary source is a major
modification, unless the source belongs to one of the source categories
listed in paragraph (b)(1)(iii) of this section.
(3)(i) Net emissions increase means, with respect to any regulated
NSR pollutant emitted by a major stationary source, the amount by which
the sum of the following exceeds zero:
(a) The increase in emissions from a particular physical change or
change in the method of operation at a stationary source as calculated
pursuant to paragraph (a)(2)(iv) of this section; and
(b) Any other increases and decreases in actual emissions at the
major stationary source that are contemporaneous with the particular
change and are otherwise creditable. Baseline actual emissions for
calculating increases and decreases under this paragraph (b)(3)(i)(b)
shall be determined as provided in paragraph (b)(48) of this section,
except that paragraphs (b)(48)(i)(c) and (b)(48)(ii)(d) of this section
shall not apply.
(ii) An increase or decrease in actual emissions is contemporaneous
with the increase from the particular change only if it occurs between:
(a) The date five years before construction on the particular change
commences; and
(b) The date that the increase from the particular change occurs.
(iii) An increase or decrease in actual emissions is creditable only
if:
(a) The Administrator or other reviewing authority has not relied on
it in issuing a permit for the source under this section, which permit
is in effect when the increase in actual emissions from the particular
change occurs; and
(b) The increase or decrease in emissions did not occur at a Clean
Unit except as provided in paragraphs (x)(8) and (y)(10) of this
section.
(c) As it pertains to an increase or decrease in fugitive emissions
(to the extent quantifiable), it occurs at an emissions unit that is
part of one of the source categories listed in paragraph (b)(1)(iii) of
this section or it occurs at an emission unit that is located at a major
stationary source that belongs to one of the listed source
categories.(iv) An increase or decrease in actual emissions of sulfur
dioxide, particulate matter, or nitrogen oxides that occurs before the
applicable minor source baseline date is creditable only if it is
required to be considered in calculating the amount of maximum allowable
increases remaining available.
(v) An increase in actual emissions is creditable only to the extent
that the new level of actual emissions exceeds the old level.
(vi) A decrease in actual emissions is creditable only to the extent
that:
(a) The old level of actual emissions or the old level of allowable
emissions, whichever is lower, exceeds the new level of actual
emissions;
(b) It is enforceable as a practical matter at and after the time
that actual construction on the particular change begins.
(c) It has approximately the same qualitative significance for
public health and welfare as that attributed to the increase from the
particular change; and
(vii) [Reserved]
(viii) An increase that results from a physical change at a source
occurs when the emissions unit on which construction occurred becomes
operational and begins to emit a particular
[[Page 19]]
pollutant. Any replacement unit that requires shakedown becomes
operational only after a reasonable shakedown period, not to exceed 180
days.
(ix) Paragraph (b)(21)(ii) of this section shall not apply for
determining creditable increases and decreases.
(4) Potential to emit means the maximum capacity of a stationary
source to emit a pollutant under its physical and operational design.
Any physical or operational limitation on the capacity of the source to
emit a pollutant, including air pollution control equipment and
restrictions on hours of operation or on the type or amount of material
combusted, stored, or processed, shall be treated as part of its design
if the limitation or the effect it would have on emissions is federally
enforceable. Secondary emissions do not count in determining the
potential to emit of a stationary source.
(5) Stationary source means any building, structure, facility, or
installation which emits or may emit a regulated NSR pollutant.
(6) Building, structure, facility, or installation means all of the
pollutant-emitting activities which belong to the same industrial
grouping, are located on one or more contiguous or adjacent properties,
and are under the control of the same person (or persons under common
control) except the activities of any vessel. Pollutant-emitting
activities shall be considered as part of the same industrial grouping
if they belong to the same ``Major Group'' (i.e., which have the same
first two digit code) as described in the Standard Industrial
Classification Manual, 1972, as amended by the 1977 Supplement (U. S.
Government Printing Office stock numbers 4101-0066 and 003-005-00176-0,
respectively).
(7) Emissions unit means any part of a stationary source that emits
or would have the potential to emit any regulated NSR pollutant and
includes an electric utility steam generating unit as defined in
paragraph (b)(31) of this section. For purposes of this section, there
are two types of emissions units as described in paragraphs (b)(7)(i)
and (ii) of this section.
(i) A new emissions unit is any emissions unit that is (or will be)
newly constructed and that has existed for less than 2 years from the
date such emissions unit first operated.
(ii) An existing emissions unit is any emissions unit that does not
meet the requirements in paragraph (b)(7)(i) of this section. A
replacement unit, as defined in paragraph (b)(33) of this section, is an
existing emissions unit.
(8) Construction means any physical change or change in the method
of operation (including fabrication, erection, installation, demolition,
or modification of an emissions unit) that would result in a change in
emissions.
(9) Commence as applied to construction of a major stationary source
or major modification means that the owner or operator has all necessary
preconstruction approvals or permits and either has:
(i) Begun, or caused to begin, a continuous program of actual on-
site construction of the source, to be completed within a reasonable
time; or
(ii) Entered into binding agreements or contractual obligations,
which cannot be cancelled or modified without substantial loss to the
owner or operator, to undertake a program of actual construction of the
source to be completed within a reasonable time.
(10) Necessary preconstruction approvals or permits means those
permits or approvals required under Federal air quality control laws and
regulations and those air quality control laws and regulations which are
part of the applicable State Implementation Plan.
(11) Begin actual construction means, in general, initiation of
physical on-site construction activities on an emissions unit which are
of a permanent nature. Such activities include, but are not limited to,
installation of building supports and foundations, laying underground
pipework and construction of permanent storage structures. With respect
to a change in method of operations, this term refers to those on-site
activities other than preparatory activities which mark the initiation
of the change.
(12) Best available control technology means an emissions limitation
(including a visible emission standard) based on the maximum degree of
reduction for each pollutant subject to regulation under Act which would
be emitted from any proposed major stationary source
[[Page 20]]
or major modification which the Administrator, on a case-by-case basis,
taking into account energy, environmental, and economic impacts and
other costs, determines is achievable for such source or modification
through application of production processes or available methods,
systems, and techniques, including fuel cleaning or treatment or
innovative fuel combustion techniques for control of such pollutant. In
no event shall application of best available control technology result
in emissions of any pollutant which would exceed the emissions allowed
by any applicable standard under 40 CFR parts 60 and 61. If the
Administrator determines that technological or economic limitations on
the application of measurement methodology to a particular emissions
unit would make the imposition of an emissions standard infeasible, a
design, equipment, work practice, operational standard, or combination
thereof, may be prescribed instead to satisfy the requirement for the
application of best available control technology. Such standard shall,
to the degree possible, set forth the emissions reduction achievable by
implementation of such design, equipment, work practice or operation,
and shall provide for compliance by means which achieve equivalent
results.
(13)(i) Baseline concentration means that ambient concentration
level that exists in the baseline area at the time of the applicable
minor source baseline date. A baseline concentration is determined for
each pollutant for which a minor source baseline date is established and
shall include:
(a) The actual emissions, as defined in paragraph (b)(21) of this
section, representative of sources in existence on the applicable minor
source baseline date, except as provided in paragraph (b)(13)(ii) of
this section; and
(b) The allowable emissions of major stationary sources that
commenced construction before the major source baseline date, but were
not in operation by the applicable minor source baseline date.
(ii) The following will not be included in the baseline
concentration and will affect the applicable maximum allowable
increase(s):
(a) Actual emissions, as defined in paragraph (b)(21) of this
section, from any major stationary source on which construction
commenced after the major source baseline date; and
(b) Actual emissions increases and decreases, as defined in
paragraph (b)(21) of this section, at any stationary source occurring
after the minor source baseline date.
(14)(i) Major source baseline date means:
(a) In the case of PM10 and sulfur dioxide, January 6,
1975;
(b) In the case of nitrogen dioxide, February 8, 1988; and
(c) In the case of PM2.5, October 20, 2010.
(ii) ``Minor source baseline date'' means the earliest date after
the trigger date on which a major stationary source or a major
modification subject to 40 CFR 52.21 or to regulations approved pursuant
to 40 CFR 51.166 submits a complete application under the relevant
regulations. The trigger date is:
(a) In the case of PM10 and sulfur dioxide, August 7,
1977;
(b) In the case of nitrogen dioxide, February 8, 1988; and
(c) In the case of PM2.5, October 20, 2011.
(iii) The baseline date is established for each pollutant for which
increments or other equivalent measures have been established if:
(a) The area in which the proposed source or modification would
construct is designated as attainment or unclassifiable under section
107(d)(1)(A)(ii) or (iii) of the Act for the pollutant on the date of
its complete application under 40 CFR 52.21 or under regulations
approved pursuant to 40 CFR 51.166; and
(b) In the case of a major stationary source, the pollutant would be
emitted in significant amounts, or, in the case of a major modification,
there would be a significant net emissions increase of the pollutant.
(iv) Any minor source baseline date established originally for the
TSP increments shall remain in effect and shall apply for purposes of
determining the amount of available PM-10 increments, except that the
Administrator shall rescind a minor source baseline
[[Page 21]]
date where it can be shown, to the satisfaction of the Administrator,
that the emissions increase from the major stationary source, or net
emissions increase from the major modification, responsible for
triggering that date did not result in a significant amount of PM-10
emissions.
(15)(i) Baseline area means any intrastate area (and every part
thereof) designated as attainment or unclassifiable under section
107(d)(1)(A)(ii) or (iii) of the Act in which the major source or major
modification establishing the minor source baseline date would construct
or would have an air quality impact for the pollutant for which the
baseline date is established, as follows: equal to or greater than 1
[micro]g/m\3\ (annual average) for SO2, NO2, or
PM10; or equal or greater than 0.3 [micro]g/m\3\ (annual
average) for PM2.5.
(ii) Area redesignations under section 107(d)(1)(A)(ii) or (iii) of
the Act cannot intersect or be smaller than the area of impact of any
major stationary source or major modification which:
(a) Establishes a minor source baseline date; or
(b) Is subject to 40 CFR 52.21 and would be constructed in the same
state as the state proposing the redesignation.
(iii) Any baseline area established originally for the TSP
increments shall remain in effect and shall apply for purposes of
determining the amount of available PM-10 increments, except that such
baseline area shall not remain in effect if the Administrator rescinds
the corresponding minor source baseline date in accordance with
paragraph (b)(14)(iv) of this section.
(16) Allowable emissions means the emissions rate of a stationary
source calculated using the maximum rated capacity of the source (unless
the source is subject to federally enforceable limits which restrict the
operating rate, or hours of operation, or both) and the most stringent
of the following:
(i) The applicable standards as set forth in 40 CFR parts 60 and 61;
(ii) The applicable State Implementation Plan emissions limitation,
including those with a future compliance date; or
(iii) The emissions rate specified as a federally enforceable permit
condition, including those with a future compliance date.
(17) Federally enforceable means all limitations and conditions
which are enforceable by the Administrator, including those requirements
developed pursuant to 40 CFR parts 60 and 61, requirements within any
applicable State implementation plan, any permit requirements
established pursuant to 40 CFR 52.21 or under regulations approved
pursuant to 40 CFR part 51, subpart I, including operating permits
issued under an EPA-approved program that is incorporated into the State
implementation plan and expressly requires adherence to any permit
issued under such program.
(18) Secondary emissions means emissions which would occur as a
result of the construction or operation of a major stationary source or
major modification, but do not come from the major stationary source or
major modification itself. Secondary emissions include emissions from
any offsite support facility which would not be constructed or increase
its emissions except as a result of the construction or operation of the
major stationary source or major modification. Secondary emissions do
not include any emissions which come directly from a mobile source, such
as emissions from the tailpipe of a motor vehicle, from a train, or from
a vessel.
(i) Emissions from ships or trains coming to or from the new or
modified stationary source; and
(ii) Emissions from any offsite support facility which would not
otherwise be constructed or increase its emissions as a result of the
construction or operation of the major stationary source or major
modification.
(19) Innovative control technology means any system of air pollution
control that has not been adequately demonstrated in practice, but would
have a substantial likelihood of achieving greater continuous emissions
reduction than any control system in current practice or of achieving at
least comparable reductions at lower cost in terms of energy, economics,
or nonair quality environmental impacts.
[[Page 22]]
(20) Fugitive emissions means those emissions which could not
reasonably pass through a stack, chimney, vent, or other functionally
equivalent opening.
(21)(i) Actual emissions means the actual rate of emissions of a
regulated NSR pollutant from an emissions unit, as determined in
accordance with paragraphs (b)(21)(ii) through (iv) of this section,
except that this definition shall not apply for calculating whether a
significant emissions increase has occurred, or for establishing a PAL
under paragraph (aa) of this section. Instead, paragraphs (b)(41) and
(b)(48) of this section shall apply for those purposes.
(ii) In general, actual emissions as of a particular date shall
equal the average rate, in tons per year, at which the unit actually
emitted the pollutant during a consecutive 24-month period which
precedes the particular date and which is representative of normal
source operation. The Administrator shall allow the use of a different
time period upon a determination that it is more representative of
normal source operation. Actual emissions shall be calculated using the
unit's actual operating hours, production rates, and types of materials
processed, stored, or combusted during the selected time period.
(iii) The Administrator may presume that source-specific allowable
emissions for the unit are equivalent to the actual emissions of the
unit.
(iv) For any emissions unit that has not begun normal operations on
the particular date, actual emissions shall equal the potential to emit
of the unit on that date.
(22) Complete means, in reference to an application for a permit,
that the application contains all of the information necessary for
processing the application.
(23)(i) Significant means, in reference to a net emissions increase
or the potential of a source to emit any of the following pollutants, a
rate of emissions that would equal or exceed any of the following rates:
Pollutant and Emissions Rate
Carbon monoxide: 100 tons per year (tpy)
Nitrogen oxides: 40 tpy
Sulfur dioxide: 40 tpy
Particulate matter: 25 tpy of particulate matter emissions
PM10: 15 tpy
PM2.5: 10 tpy of direct PM2.5 emissions; 40 tpy of
sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions unless
demonstrated not to be a PM2.5 precursor under paragraph
(b)(50) of this section
Ozone: 40 tpy of volatile organic compounds or nitrogen oxides
Lead: 0.6 tpy
Fluorides: 3 tpy
Sulfuric acid mist: 7 tpy
Hydrogen sulfide (H2S): 10 tpy
Total reduced sulfur (including H2S): 10 tpy
Reduced sulfur compounds (including H2S): 10 tpy
Municipal waste combustor organics (measured as total tetra-through
octa-chlorinated dibenzo-p-dioxins and dibenzofurans):
3.2x10-6 megagrams per year (3.5x10-6 tons per
year)
Municipal waste combustor metals (measured as particulate matter): 14
megagrams per year (15 tons per year)
Municipal waste combustor acid gases (measured as sulfur dioxide and
hydrogen chloride): 36 megagrams per year (40 tons per year)
Municipal solid waste landfills emissions (measured as nonmethane
organic compounds): 45 megagrams per year (50 tons per year)
(ii) Significant means, in reference to a net emissions increase or
the potential of a source to emit a regulated NSR pollutant that
paragraph (b)(23)(i) of this section, does not list, any emissions rate.
(iii) Notwithstanding paragraph (b)(23)(i) of this section,
significant means any emissions rate or any net emissions increase
associated with a major stationary source or major modification, which
would construct within 10 kilometers of a Class I area, and have an
impact on such area equal to or greater than 1 [micro]g/m\3\, (24-hour
average).
(24) Federal Land Manager means, with respect to any lands in the
United States, the Secretary of the department with authority over such
lands.
(25) High terrain means any area having an elevation 900 feet or
more above the base of the stack of a source.
(26) Low terrain means any area other than high terrain.
(27) Indian Reservation means any federally recognized reservation
established by Treaty, Agreement, executive order, or act of Congress.
(28) Indian Governing Body means the governing body of any tribe,
band, or
[[Page 23]]
group of Indians subject to the jurisdiction of the United States and
recognized by the United States as possessing power of self government.
(29) Adverse impact on visibility means visibility impairment which
interferes with the management, protection, preservation or enjoyment of
the visitor's visual experience of the Federal Class I area. This
determination must be made on a case-by-case basis taking into account
the geographic extent, intensity, duration, frequency and time of
visibility impairment, and how these factors correlate with (1) times of
visitor use of the Federal Class I area, and (2) the frequency and
timing of natural conditions that reduce visibility.
(30) Volatile organic compounds (VOC) is as defined in
Sec. 51.100(s) of this chapter.
(31) Electric utility steam generating unit means any steam electric
generating unit that is constructed for the purpose of supplying more
than one-third of its potential electric output capacity and more than
25 MW electrical output to any utility power distribution system for
sale. Any steam supplied to a steam distribution system for the purpose
of providing steam to a steam-electric generator that would produce
electrical energy for sale is also considered in determining the
electrical energy output capacity of the affected facility.
(32) [Reserved]
(33) Replacement unit means an emissions unit for which all the
criteria listed in paragraphs (b)(33)(i) through (iv) of this section
are met. No creditable emission reductions shall be generated from
shutting down the existing emissions unit that is replaced.
(i) The emissions unit is a reconstructed unit within the meaning of
Sec. 60.15(b)(1) of this chapter, or the emissions unit completely takes
the place of an existing emissions unit.
(ii) The emissions unit is identical to or functionally equivalent
to the replaced emissions unit.
(iii) The replacement does not alter the basic design parameters (as
discussed in paragraph (cc)(2) of this section) of the process unit.
(iv) The replaced emissions unit is permanently removed from the
major stationary source, otherwise permanently disabled, or permanently
barred from operation by a permit that is enforceable as a practical
matter. If the replaced emissions unit is brought back into operation,
it shall constitute a new emissions unit.
(34) Clean coal technology means any technology, including
technologies applied at the precombustion, combustion, or post
combustion stage, at a new or existing facility which will achieve
significant reductions in air emissions of sulfur dioxide or oxides of
nitrogen associated with the utilization of coal in the generation of
electricity, or process steam which was not in widespread use as of
November 15, 1990.
(35) Clean coal technology demonstration project means a project
using funds appropriated under the heading ``Department of Energy-Clean
Coal Technology'', up to a total amount of $2,500,000,000 for commercial
demonstration of clean coal technology, or similar projects funded
through appropriations for the Environmental Protection Agency. The
Federal contribution for a qualifying project shall be at least 20
percent of the total cost of the demonstration project.
(36) Temporary clean coal technology demonstration project means a
clean coal technology demonstration project that is operated for a
period of 5 years or less, and which complies with the State
implementation plans for the State in which the project is located and
other requirements necessary to attain and maintain the national ambient
air quality standards during the project and after it is terminated.
(37) (i) Repowering means replacement of an existing coal-fired
boiler with one of the following clean coal technologies: atmospheric or
pressurized fluidized bed combustion, integrated gasification combined
cycle, magnetohydrodynamics, direct and indirect coal-fired turbines,
integrated gasification fuel cells, or as determined by the
Administrator, in consultation with the Secretary of Energy, a
derivative of one or more of these technologies, and any other
technology capable of controlling multiple combustion emissions
simultaneously with improved boiler or generation efficiency and with
significantly greater waste
[[Page 24]]
reduction relative to the performance of technology in widespread
commercial use as of November 15, 1990.
(ii) Repowering shall also include any oil and/or gas-fired unit
which has been awarded clean coal technology demonstration funding as of
January 1, 1991, by the Department of Energy.
(iii) The Administrator shall give expedited consideration to permit
applications for any source that satisfies the requirements of this
subsection and is granted an extension under section 409 of the Clean
Air Act.
(38) Reactivation of a very clean coal-fired electric utility steam
generating unit means any physical change or change in the method of
operation associated with the commencement of commercial operations by a
coal-fired utility unit after a period of discontinued operation where
the unit:
(i) Has not been in operation for the two-year period prior to the
enactment of the Clean Air Act Amendments of 1990, and the emissions
from such unit continue to be carried in the permitting authority's
emissions inventory at the time of enactment;
(ii) Was equipped prior to shut-down with a continuous system of
emissions control that achieves a removal efficiency for sulfur dioxide
of no less than 85 percent and a removal efficiency for particulates of
no less than 98 percent;
(iii) Is equipped with low-NOX burners prior to the time
of commencement of operations following reactivation; and
(iv) Is otherwise in compliance with the requirements of the Clean
Air Act.
(39) Pollution prevention means any activity that through process
changes, product reformulation or redesign, or substitution of less
polluting raw materials, eliminates or reduces the release of air
pollutants (including fugitive emissions) and other pollutants to the
environment prior to recycling, treatment, or disposal; it does not mean
recycling (other than certain ``in-process recycling'' practices),
energy recovery, treatment, or disposal.
(40) Significant emissions increase means, for a regulated NSR
pollutant, an increase in emissions that is significant (as defined in
paragraph (b)(23) of this section) for that pollutant.
(41)(i) Projected actual emissions means the maximum annual rate, in
tons per year, at which an existing emissions unit is projected to emit
a regulated NSR pollutant in any one of the 5 years (12-month period)
following the date the unit resumes regular operation after the project,
or in any one of the 10 years following that date, if the project
involves increasing the emissions unit's design capacity or its
potential to emit that regulated NSR pollutant and full utilization of
the unit would result in a significant emissions increase or a
significant net emissions increase at the major stationary source.
(ii) In determining the projected actual emissions under paragraph
(b)(41)(i) of this section (before beginning actual construction), the
owner or operator of the major stationary source:
(a) Shall consider all relevant information, including but not
limited to, historical operational data, the company's own
representations, the company's expected business activity and the
company's highest projections of business activity, the company's
filings with the State or Federal regulatory authorities, and compliance
plans under the approved State Implementation Plan; and
(b) Shall include fugitive emissions to the extent quantifiable, and
emissions associated with startups, shutdowns, and malfunctions; and
(c) Shall exclude, in calculating any increase in emissions that
results from he particular project, that portion of the unit's emissions
following the project that an existing unit could have accommodated
during the consecutive 24-month period used to establish the baseline
actual emissions under paragraph (b)(48) of this section and that are
also unrelated to the particular project, including any increased
utilization due to product demand growth; or
(d) In lieu of using the method set out in paragraphs (a)(41)(ii)(a)
through (c) of this section, may elect to use the emissions unit's
potential to emit, in tons per year, as defined under paragraph (b)(4)
of this section.
(42) [Reserved]
[[Page 25]]
(43) Prevention of Significant Deterioration (PSD) program means the
EPA-implemented major source preconstruction permit programs under this
section or a major source preconstruction permit program that has been
approved by the Administrator and incorporated into the State
Implementation Plan pursuant to Sec. 51.166 of this chapter to implement
the requirements of that section. Any permit issued under such a program
is a major NSR permit.
(44) Continuous emissions monitoring system (CEMS) means all of the
equipment that may be required to meet the data acquisition and
availability requirements of this section, to sample, condition (if
applicable), analyze, and provide a record of emissions on a continuous
basis.
(45) Predictive emissions monitoring system (PEMS) means all of the
equipment necessary to monitor process and control device operational
parameters (for example, control device secondary voltages and electric
currents) and other information (for example, gas flow rate,
O2 or CO2 concentrations), and calculate and
record the mass emissions rate (for example, lb/hr) on a continuous
basis.
(46) Continuous parameter monitoring system (CPMS) means all of the
equipment necessary to meet the data acquisition and availability
requirements of this section, to monitor process and control device
operational parameters (for example, control device secondary voltages
and electric currents) and other information (for example, gas flow
rate, O2 or CO2 concentrations), and to record
average operational parameter value(s) on a continuous basis.
(47) Continuous emissions rate monitoring system (CERMS) means the
total equipment required for the determination and recording of the
pollutant mass emissions rate (in terms of mass per unit of time).
(48) Baseline actual emissions means the rate of emissions, in tons
per year, of a regulated NSR pollutant, as determined in accordance with
paragraphs (b)(48)(i) through (iv) of this section.
(i) For any existing electric utility steam generating unit,
baseline actual emissions means the average rate, in tons per year, at
which the unit actually emitted the pollutant during any consecutive 24-
month period selected by the owner or operator within the 5-year period
immediately preceding when the owner or operator begins actual
construction of the project. The Administrator shall allow the use of a
different time period upon a determination that it is more
representative of normal source operation.
(a) The average rate shall include fugitive emissions to the extent
quantifiable, and emissions associated with startups, shutdowns, and
malfunctions.
(b) The average rate shall be adjusted downward to exclude any non-
compliant emissions that occurred while the source was operating above
any emission limitation that was legally enforceable during the
consecutive 24-month period.
(c) For a regulated NSR pollutant, when a project involves multiple
emissions units, only one consecutive 24-month period must be used to
determine the baseline actual emissions for the emissions units being
changed. A different consecutive 24-month period can be used For each
regulated NSR pollutant.
(d) The average rate shall not be based on any consecutive 24-month
period for which there is inadequate information for determining annual
emissions, in tons per year, and for adjusting this amount if required
by paragraph (b)(48)(i)(b) of this section.
(ii) For an existing emissions unit (other than an electric utility
steam generating unit), baseline actual emissions means the average
rate, in tons per year, at which the emissions unit actually emitted the
pollutant during any consecutive 24-month period selected by the owner
or operator within the 10-year period immediately preceding either the
date the owner or operator begins actual construction of the project, or
the date a complete permit application is received by the Administrator
for a permit required under this section or by the reviewing authority
for a permit required by a plan, whichever is earlier, except that the
10-year period shall not include any period earlier than November 15,
1990.
[[Page 26]]
(a) The average rate shall include fugitive emissions to the extent
quantifiable, and emissions associated with startups, shutdowns, and
malfunctions.
(b) The average rate shall be adjusted downward to exclude any non-
compliant emissions that occurred while the source was operating above
an emission limitation that was legally enforceable during the
consecutive 24-month period.
(c) The average rate shall be adjusted downward to exclude any
emissions that would have exceeded an emission limitation with which the
major stationary source must currently comply, had such major stationary
source been required to comply with such limitations during the
consecutive 24-month period. However, if an emission limitation is part
of a maximum achievable control technology standard that the
Administrator proposed or promulgated under part 63 of this chapter, the
baseline actual emissions need only be adjusted if the State has taken
credit for such emissions reductions in an attainment demonstration or
maintenance plan consistent with the requirements of
Sec. 51.165(a)(3)(ii)(G) of this chapter.
(d) For a regulated NSR pollutant, when a project involves multiple
emissions units, only one consecutive 24-month period must be used to
determine the baseline actual emissions for all the emissions units
being changed. A different consecutive 24-month period can be used For
each regulated NSR pollutant.
(e) The average rate shall not be based on any consecutive 24-month
period for which there is inadequate information for determining annual
emissions, in tons per year, and for adjusting this amount if required
by paragraphs (b)(48)(ii)(b) and (c) of this section.
(iii) For a new emissions unit, the baseline actual emissions for
purposes of determining the emissions increase that will result from the
initial construction and operation of such unit shall equal zero; and
thereafter, for all other purposes, shall equal the unit's potential to
emit.
(iv) For a PAL for a stationary source, the baseline actual
emissions shall be calculated for existing electric utility steam
generating units in accordance with the procedures contained in
paragraph (b)(48)(i) of this section, for other existing emissions units
in accordance with the procedures contained in paragraph (b)(48)(ii) of
this section, and for a new emissions unit in accordance with the
procedures contained in paragraph (b)(48)(iii) of this section.
(49) Subject to regulation means, for any air pollutant, that the
pollutant is subject to either a provision in the Clean Air Act, or a
nationally-applicable regulation codified by the Administrator in
subchapter C of this chapter, that requires actual control of the
quantity of emissions of that pollutant, and that such a control
requirement has taken effect and is operative to control, limit or
restrict the quantity of emissions of that pollutant released from the
regulated activity. Except that:
(i) Greenhouse gases (GHGs), the air pollutant defined in
Sec. 86.1818-12(a) of this chapter as the aggregate group of six
greenhouse gases: Carbon dioxide, nitrous oxide, methane,
hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, shall not
be subject to regulation except as provided in paragraphs (b)(49)(iv)
through (v) of this section and shall not be subject to regulation if
the stationary source maintains its total source-wide emissions below
the GHG PAL level, meets the requirements in paragraphs (aa)(1) through
(15) of this section, and complies with the PAL permit containing the
GHG PAL.
(ii) For purposes of paragraphs (b)(49)(iii) through (v) of this
section, the term tpy CO2 equivalent emissions
(CO2e) shall represent an amount of GHGs emitted, and shall
be computed as follows:
(a) Multiplying the mass amount of emissions (tpy), for each of the
six greenhouse gases in the pollutant GHGs, by the gas's associated
global warming potential published at Table A-1 to subpart A of part 98
of this chapter--Global Warming Potentials. For purposes of this
paragraph, prior to
[[Page 27]]
July 21, 2014, the mass of the greenhouse gas carbon dioxide shall not
include carbon dioxide emissions resulting from the combustion or
decomposition of non-fossilized and biodegradable organic material
originating from plants, animals, or micro-organisms (including
products, by-products, residues and waste from agriculture, forestry and
related industries as well as the non-fossilized and biodegradable
organic fractions of industrial and municipal wastes, including gases
and liquids recovered from the decomposition of non-fossilized and
biodegradable organic material).
(b) Sum the resultant value from paragraph (b)(49)(ii)(a) of this
section for each gas to compute a tpy CO2e.
(iii) The term emissions increase as used in paragraphs (b)(49)(iv)
through (v) of this section shall mean that both a significant emissions
increase (as calculated using the procedures in paragraph (a)(2)(iv) of
this section) and a significant net emissions increase (as defined in
paragraphs (b)(3) and (b)(23) of this section) occur. For the pollutant
GHGs, an emissions increase shall be based on tpy CO2e, and
shall be calculated assuming the pollutant GHGs is a regulated NSR
pollutant, and ``significant'' is defined as 75,000 tpy CO2e
instead of applying the value in paragraph (b)(23)(ii) of this section.
(iv) Beginning January 2, 2011, the pollutant GHGs is subject to
regulation if:
(a) The stationary source is a new major stationary source for a
regulated NSR pollutant that is not GHGs, and also will emit or will
have the potential to emit 75,000 tpy CO2e or more; or
(b) The stationary source is an existing major stationary source for
a regulated NSR pollutant that is not GHGs, and also will have an
emissions increase of a regulated NSR pollutant, and an emissions
increase of 75,000 tpy CO2e or more; and,
(v) Beginning July 1, 2011, in addition to the provisions in
paragraph (b)(49)(iv) of this section, the pollutant GHGs shall also be
subject to regulation
(a) At a new stationary source that will emit or have the potential
to emit 100,000 tpy CO2e; or
(b) At an existing stationary source that emits or has the potential
to emit 100,000 tpy CO2e, when such stationary source
undertakes a physical change or change in the method of operation that
will result in an emissions increase of 75,000 tpy CO2e or
more.
(50) Regulated NSR pollutant, for purposes of this section, means
the following:
(i) Any pollutant for which a national ambient air quality standard
has been promulgated. This includes, but is not limited to, the
following:
(a) PM2.5 emissions and PM10 emissions shall
include gaseous emissions from a source or activity, which condense to
form particulate matter at ambient temperatures. On or after January 1,
2011, such condensable particulate matter shall be accounted for in
applicability determinations and in establishing emissions limitations
for PM2.5 and PM10 in PSD permits. Compliance with
emissions limitations for PM2.5 and PM10 issued
prior to this date shall not be based on condensable particulate matter
unless required by the terms and conditions of the permit or the
applicable implementation plan. Applicability determinations made prior
to this date without accounting for condensable particulate matter shall
not be considered in violation of this section unless the applicable
implementation plan required condensable particulate matter to be
included.
(b) Any pollutant identified under this paragraph (b)(50)(i)(b) as a
constituent or precursor for a pollutant for which a national ambient
air quality standard has been promulgated. Precursors identified by the
Administrator for purposes of NSR are the following:
(1) Volatile organic compounds and nitrogen oxides are precursors to
ozone in all attainment and unclassifiable areas.
(2) Sulfur dioxide is a precursor to PM2.5 in all
attainment and unclassifiable areas.
(3) Nitrogen oxides are presumed to be precursors to
PM2.5 in all attainment and unclassifiable areas, unless the
State demonstrates to the Administrator's satisfaction or EPA
demonstrates that emissions of nitrogen
[[Page 28]]
oxides from sources in a specific area are not a significant contributor
to that area's ambient PM2.5 concentrations.
(4) Volatile organic compounds are presumed not to be precursors to
PM2.5 in any attainment or unclassifiable area, unless the
State demonstrates to the Administrator's satisfaction or EPA
demonstrates that emissions of volatile organic compounds from sources
in a specific area are a significant contributor to that area's ambient
PM2.5 concentrations.
(ii) Any pollutant that is subject to any standard promulgated under
section 111 of the Act;
(iii) Any Class I or II substance subject to a standard promulgated
under or established by title VI of the Act;
(iv) Any pollutant that otherwise is subject to regulation under the
Act as defined in paragraph (b)(49) of this section.
(v) Notwithstanding paragraphs (b)(50)(i) through (iv) of this
section, the term regulated NSR pollutant shall not include any or all
hazardous air pollutants either listed in section 112 of the Act, or
added to the list pursuant to section 112(b)(2) of the Act, and which
have not been delisted pursuant to section 112(b)(3) of the Act, unless
the listed hazardous air pollutant is also regulated as a constituent or
precursor of a general pollutant listed under section 108 of the Act.
(51) Reviewing authority means the State air pollution control
agency, local agency, other State agency, Indian tribe, or other agency
authorized by the Administrator to carry out a permit program under
Sec. 51.165 and Sec. 51.166 of this chapter, or the Administrator in the
case of EPA-implemented permit programs under this section.
(52) Project means a physical change in, or change in the method of
operation of, an existing major stationary source.
(53) Lowest achievable emission rate (LAER) is as defined in
Sec. 51.165(a)(1)(xiii) of this chapter.
(54) Reasonably available control technology (RACT) is as defined in
Sec. 51.100(o) of this chapter.
(55)(i) In general, process unit means any collection of structures
and/or equipment that processes, assembles, applies, blends, or
otherwise uses material inputs to produce or store an intermediate or a
completed product. A single stationary source may contain more than one
process unit, and a process unit may contain more than one emissions
unit.
(ii) Pollution control equipment is not part of the process unit,
unless it serves a dual function as both process and control equipment.
Administrative and warehousing facilities are not part of the process
unit.
(iii) For replacement cost purposes, components shared between two
or more process units are proportionately allocated based on capacity.
(iv) The following list identifies the process units at specific
categories of stationary sources.
(a) For a steam electric generating facility, the process unit
consists of those portions of the plant that contribute directly to the
production of electricity. For example, at a pulverized coal-fired
facility, the process unit would generally be the combination of those
systems from the coal receiving equipment through the emission stack
(excluding post-combustion pollution controls), including the coal
handling equipment, pulverizers or coal crushers, feedwater heaters, ash
handling, boiler, burners, turbine-generator set, condenser, cooling
tower, water treatment system, air preheaters, and operating control
systems. Each separate generating unit is a separate process unit.
(b) For a petroleum refinery, there are several categories of
process units: those that separate and/or distill petroleum feedstocks;
those that change molecular structures; petroleum treating processes;
auxiliary facilities, such as steam generators and hydrogen production
units; and those that load, unload, blend or store intermediate or
completed products.
(c) For an incinerator, the process unit would consist of components
from the feed pit or refuse pit to the stack, including conveyors,
combustion devices, heat exchangers and steam generators, quench tanks,
and fans.
Note to paragraph (b)(55): By a court order on December 24, 2003,
this paragraph (b)(55) is stayed indefinitely. The stayed provisions
will become effective immediately if
[[Page 29]]
the court terminates the stay. At that time, EPA will publish a document
in the Federal Register advising the public of the termination of the
stay.
(56) Functionally equivalent component means a component that serves
the same purpose as the replaced component.
Note to paragraph (b)(56):
By a court order on December 24, 2003, this paragraph (b)(56) is
stayed indefinitely. The stayed provisions will become effective
immediately if the court terminates the stay. At that time, EPA will
publish a document in the Federal Register advising the public of the
termination of the stay.
(57) Fixed capital cost means the capital needed to provide all the
depreciable components. ``Depreciable components'' refers to all
components of fixed capital cost and is calculated by subtracting land
and working capital from the total capital investment, as defined in
paragraph (b)(58) of this section.
Note to paragraph (b)(57):
By a court order on December 24, 2003, this paragraph (b)(57) is
stayed indefinitely. The stayed provisions will become effective
immediately if the court terminates the stay. At that time, EPA will
publish a document in the Federal Register advising the public of the
termination of the stay.
(58) Total capital investment means the sum of the following: all
costs required to purchase needed process equipment (purchased equipment
costs); the costs of labor and materials for installing that equipment
(direct installation costs); the costs of site preparation and
buildings; other costs such as engineering, construction and field
expenses, fees to contractors, startup and performance tests, and
contingencies (indirect installation costs); land for the process
equipment; and working capital for the process equipment.
Note to paragraph (b)(58):
By a court order on December 24, 2003, this paragraph (b)(58) is
stayed indefinitely. The stayed provisions will become effective
immediately if the court terminates the stay. At that time, EPA will
publish a document in the Federal Register advising the public of the
termination of the stay.
(c) Ambient air increments. In areas designated as Class I, II or
III, increases in pollutant concentration over the baseline
concentration shall be limited to the following:
------------------------------------------------------------------------
Maximum allowable
increase
Pollutant (micrograms per
cubic meter)
------------------------------------------------------------------------
Class I Area
------------------------------------------------------------------------
PM2.5:
Annual arithmetic mean........................... 1
24-hr maximum.................................... 2
PM10:
Annual arithmetic mean........................... 4
24-hr maximum.................................... 8
Sulfur dioxide:
Annual arithmetic mean........................... 2
24-hr maximum.................................... 5
3-hr maximum..................................... 25
Nitrogen dioxide:
Annual arithmetic mean........................... 2.5
------------------------------------------------------------------------
Class II Area
------------------------------------------------------------------------
PM2.5:
Annual arithmetic mean........................... 4
24-hr maximum.................................... 9
PM10:
Annual arithmetic mean........................... 17
24-hr maximum.................................... 30
Sulfur dioxide:
Annual arithmetic mean........................... 20
24-hr maximum.................................... 91
3-hr maximum..................................... 512
Nitrogen dioxide:
Annual arithmetic mean........................... 25
------------------------------------------------------------------------
Class III Area
------------------------------------------------------------------------
PM2.5:
Annual arithmetic mean........................... 8
24-hr maximum.................................... 18
PM10:
Annual arithmetic mean........................... 34
24-hr maximum.................................... 60
Sulfur dioxide:
Annual arithmetic mean........................... 40
24-hr maximum.................................... 182
3-hr maximum..................................... 700
Nitrogen dioxide:
Annual arithmetic mean........................... 50
------------------------------------------------------------------------
For any period other than an annual period, the applicable maximum
allowable increase may be exceeded during one such period per year at
any one location.
(d) Ambient air ceilings. No concentration of a pollutant shall
exceed:
(1) The concentration permitted under the national secondary ambient
air quality standard, or
(2) The concentration permitted under the national primary ambient
air quality standard, whichever concentration is lowest for the
pollutant for a period of exposure.
(e) Restrictions on area classifications. (1) All of the following
areas which
[[Page 30]]
were in existence on August 7, 1977, shall be Class I areas and may not
be redesignated:
(i) International parks,
(ii) National wilderness areas which exceed 5,000 acres in size,
(iii) National memorial parks which exceed 5,000 acres in size, and
(iv) National parks which exceed 6,000 acres in size.
(2) Areas which were redesignated as Class I under regulations
promulgated before August 7, 1977, shall remain Class I, but may be
redesignated as provided in this section.
(3) Any other area, unless otherwise specified in the legislation
creating such an area, is initially designated Class II, but may be
redesignated as provided in this section.
(4) The following areas may be redesignated only as Class I or II:
(i) An area which as of August 7, 1977, exceeded 10,000 acres in
size and was a national monument, a national primitive area, a national
preserve, a national recreational area, a national wild and scenic
river, a national wildlife refuge, a national lakeshore or seashore; and
(ii) A national park or national wilderness area established after
August 7, 1977, which exceeds 10,000 acres in size.
(f) [Reserved]
(g) Redesignation. (1) All areas (except as otherwise provided under
paragraph (e) of this section) are designated Class II as of December 5,
1974. Redesignation (except as otherwise precluded by paragraph (e) of
this section) may be proposed by the respective States or Indian
Governing Bodies, as provided below, subject to approval by the
Administrator as a revision to the applicable State implementation plan.
(2) The State may submit to the Administrator a proposal to
redesignate areas of the State Class I or Class II provided that:
(i) At least one public hearing has been held in accordance with
procedures established in Sec. 51.102 of this chapter;
(ii) Other States, Indian Governing Bodies, and Federal Land
Managers whose lands may be affected by the proposed redesignation were
notified at least 30 days prior to the public hearing;
(iii) A discussion of the reasons for the proposed redesignation,
including a satisfactory description and analysis of the health,
environmental, economic, social and energy effects of the proposed
redesignation, was prepared and made available for public inspection at
least 30 days prior to the hearing and the notice announcing the hearing
contained appropriate notification of the availability of such
discussion;
(iv) Prior to the issuance of notice respecting the redesignation of
an area that includes any Federal lands, the State has provided written
notice to the appropriate Federal Land Manager and afforded adequate
opportunity (not in excess of 60 days) to confer with the State
respecting the redesignation and to submit written comments and
recommendations. In redesignating any area with respect to which any
Federal Land Manager had submitted written comments and recommendations,
the State shall have published a list of any inconsistency between such
redesignation and such comments and recommendations (together with the
reasons for making such redesignation against the recommendation of the
Federal Land Manager); and
(v) The State has proposed the redesignation after consultation with
the elected leadership of local and other substate general purpose
governments in the area covered by the proposed redesignation.
(3) Any area other than an area to which paragraph (e) of this
section refers may be redesignated as Class III if--
(i) The redesignation would meet the requirements of paragraph
(g)(2) of this section;
(ii) The redesignation, except any established by an Indian
Governing Body, has been specifically approved by the Governor of the
State, after consultation with the appropriate committees of the
legislature, if it is in session, or with the leadership of the
legislature, if it is not in session (unless State law provides that the
redesignation must be specifically approved by State legislation) and if
general purpose units of local government representing a majority of the
residents of the area to be redesignated enact legislation or pass
[[Page 31]]
resolutions concurring in the redesignation:
(iii) The redesignation would not cause, or contribute to, a
concentration of any air pollutant which would exceed any maximum
allowable increase permitted under the classification of any other area
or any national ambient air quality standard; and
(iv) Any permit application for any major stationary source or major
modification, subject to review under paragraph (l) of this section,
which could receive a permit under this section only if the area in
question were redesignated as Class III, and any material submitted as
part of that application, were available insofar as was practicable for
public inspection prior to any public hearing on redesignation of the
area as Class III.
(4) Lands within the exterior boundaries of Indian Reservations may
be redesignated only by the appropriate Indian Governing Body. The
appropriate Indian Governing Body may submit to the Administrator a
proposal to redesignate areas Class I, Class II, or Class III: Provided,
That:
(i) The Indian Governing Body has followed procedures equivalent to
those required of a State under paragraphs (g)(2), (g)(3)(iii), and
(g)(3)(iv) of this section; and
(ii) Such redesignation is proposed after consultation with the
State(s) in which the Indian Reservation is located and which border the
Indian Reservation.
(5) The Administrator shall disapprove, within 90 days of
submission, a proposed redesignation of any area only if he finds, after
notice and opportunity for public hearing, that such redesignation does
not meet the procedural requirements of this paragraph or is
inconsistent with paragraph (e) of this section. If any such disapproval
occurs, the classification of the area shall be that which was in effect
prior to the redesignation which was disapproved.
(6) If the Administrator disapproves any proposed redesignation, the
State or Indian Governing Body, as appropriate, may resubmit the
proposal after correcting the deficiencies noted by the Administrator.
(h) Stack heights. (1) The degree of emission limitation required
for control of any air pollutant under this section shall not be
affected in any manner by--
(i) So much of the stack height of any source as exceeds good
engineering practice, or
(ii) Any other dispersion technique.
(2) Paragraph (h)(1) of this section shall not apply with respect to
stack heights in existence before December 31, 1970, or to dispersion
techniques implemented before then.
(i) Exemptions. (1) The requirements of paragraphs (j) through (r)
of this section shall not apply to a particular major stationary source
or major modification, if;
(i) Construction commenced on the source or modification before
August 7, 1977. The regulations at 40 CFR 52.21 as in effect before
August 7, 1977, shall govern the review and permitting of any such
source or modification; or
(ii) The source or modification was subject to the review
requirements of 40 CFR 52.21(d)(1) as in effect before March 1, 1978,
and the owner or operator:
(a) Obtained under 40 CFR 52.21 a final approval effective before
March 1, 1978;
(b) Commenced construction before March 19, 1979; and
(c) Did not discontinue construction for a period of 18 months or
more and completed construction within a reasonable time; or
(iii) The source or modification was subject to 40 CFR 52.21 as in
effect before March 1, 1978, and the review of an application for
approval for the stationary source or modification under 40 CFR 52.21
would have been completed by March 1, 1978, but for an extension of the
public comment period pursuant to a request for such an extension. In
such a case, the application shall continue to be processed, and granted
or denied, under 40 CFR 52.21 as in effect prior to March 1, 1978; or
(iv) The source or modification was not subject to 40 CFR 52.21 as
in effect before March 1, 1978, and the owner or operator:
(a) Obtained all final Federal, state and local preconstruction
approvals or permits necessary under the applicable
[[Page 32]]
State Implementation Plan before March 1, 1978;
(b) Commenced construction before March 19, 1979; and
(c) Did not discontinue construction for a period of 18 months or
more and completed construction within a reasonable time; or
(v) The source or modification was not subject to 40 CFR 52.21 as in
effect on June 19, 1978 or under the partial stay of regulations
published on February 5, 1980 (45 FR 7800), and the owner or operator:
(a) Obtained all final Federal, state and local preconstruction
approvals or permits necessary under the applicable State Implementation
Plan before August 7, 1980;
(b) Commenced construction within 18 months from August 7, 1980, or
any earlier time required under the applicable State Implementation
Plan; and
(c) Did not discontinue construction for a period of 18 months or
more and completed construction within a reasonable time; or
(vi) The source or modification would be a nonprofit health or
nonprofit educational institution, or a major modification would occur
at such an institution, and the governor of the state in which the
source or modification would be located requests that it be exempt from
those requirements; or
(vii) The source or modification would be a major stationary source
or major modification only if fugitive emissions, to the extent
quantifiable, are considered in calculating the potential to emit of the
stationary source or modification and the source does not belong to any
of the following categories:
(a) Coal cleaning plants (with thermal dryers);
(b) Kraft pulp mills;
(c) Portland cement plants;
(d) Primary zinc smelters;
(e) Iron and steel mills;
(f) Primary aluminum ore reduction plants;
(g) Primary copper smelters;
(h) Municipal incinerators capable of charging more than 250 tons of
refuse per day;
(i) Hydrofluoric, sulfuric, or nitric acid plants;
(j) Petroleum refineries;
(k) Lime plants;
(l) Phosphate rock processing plants;
(m) Coke oven batteries;
(n) Sulfur recovery plants;
(o) Carbon black plants (furnace process);
(p) Primary lead smelters;
(q) Fuel conversion plants;
(r) Sintering plants;
(s) Secondary metal production plants;
(t) Chemical process plants--The term chemical processing plant
shall not include ethanol production facilities that produce ethanol by
natural fermentation included in NAICS codes 325193 or 312140;
(u) Fossil-fuel boilers (or combination thereof) totaling more than
250 million British thermal units per hour heat input;
(v) Petroleum storage and transfer units with a total storage
capacity exceeding 300,000 barrels;
(w) Taconite ore processing plants;
(x) Glass fiber processing plants;
(y) Charcoal production plants;
(z) Fossil fuel-fired steam electric plants of more than 250 million
British thermal units per hour heat input;
(aa) Any other stationary source category which, as of August 7,
1980, is being regulated under section 111 or 112 of the Act; or
(viii) The source is a portable stationary source which has
previously received a permit under this section, and
(a) The owner or operator proposes to relocate the source and
emissions of the source at the new location would be temporary; and
(b) The emissions from the source would not exceed its allowable
emissions; and
(c) The emissions from the source would impact no Class I area and
no area where an applicable increment is known to be violated; and
(d) Reasonable notice is given to the Administrator prior to the
relocation identifying the proposed new location and the probable
duration of operation at the new location. Such notice shall be given to
the Administrator not less than 10 days in advance of the proposed
relocation unless a different time duration is previously approved by
the Administrator.
[[Page 33]]
(ix) The source or modification was not subject to Sec. 52.21, with
respect to particulate matter, as in effect before July 31, 1987, and
the owner or operator:
(a) Obtained all final Federal, State, and local preconstruction
approvals or permits necessary under the applicable State implementation
plan before July 31, 1987;
(b) Commenced construction within 18 months after July 31, 1987, or
any earlier time required under the State implementation plan; and
(c) Did not discontinue construction for a period of 18 months or
more and completed construction within a reasonable period of time.
(x) The source or modification was subject to 40 CFR 52.21, with
respect to particulate matter, as in effect before July 31, 1987 and the
owner or operator submitted an application for a permit under this
section before that date, and the Administrator subsequently determines
that the application as submitted was complete with respect to the
particular matter requirements then in effect in the section. Instead,
the requirements of paragraphs (j) through (r) of this section that were
in effect before July 31, 1987 shall apply to such source or
modification.
(2) The requirements of paragraphs (j) through (r) of this section
shall not apply to a major stationary source or major modification with
respect to a particular pollutant if the owner or operator demonstrates
that, as to that pollutant, the source or modification is located in an
area designated as nonattainment under section 107 of the Act.
(3) The requirements of paragraphs (k), (m) and (o) of this section
shall not apply to a major stationary source or major modification with
respect to a particular pollutant, if the allowable emissions of that
pollutant from the source, or the net emissions increase of that
pollutant from the modification:
(i) Would impact no Class I area and no area where an applicable
increment is known to be violated, and
(ii) Would be temporary.
(4) The requirements of paragraphs (k), (m) and (o) of this section
as they relate to any maximum allowable increase for a Class II area
shall not apply to a major modification at a stationary source that was
in existence on March 1, 1978, if the net increase in allowable
emissions of each regulated NSR pollutant from the modification after
the application of best available control technology would be less than
50 tons per year.
(5) The Administrator may exempt a stationary source or modification
from the requirements of paragraph (m) of this section, with respect to
monitoring for a particular pollutant if:
(i) The emissions increase of the pollutant from the new source or
the net emissions increase of the pollutant from the modification would
cause, in any area, air quality impacts less than the following amounts:
(a) Carbon monoxide--575 [micro]g/m\3\, 8-hour average;
(b) Nitrogen dioxide--14 [micro]g/m\3\, annual average;
(c) PM2.5--0 [micro]g/m\3\;
(c) Note to paragraph (i)(5)(i)(c): In accordance with Sierra Club
v. EPA, 706 F.3d 428 (DC Cir. 2013), no exemption is available with
regard to PM2.5.
(d) PM10--10 [micro]g/m\3\, 24-hour average;
(e) Sulfur dioxide--13 [micro]g/m\3\, 24-hour average;
(f) Ozone;
(g) Lead--0.1 [micro]g/m\3\, 3-month average;
(h) Fluorides--0.25 [micro]g/m\3\, 24-hour average;
(i) Total reduced sulfur--10 [micro]g/m\3\, 1-hour average;
(j) Hydrogen sulfide--0.2 [micro]g/m\3\, 1-hour average;
(k) Reduced sulfur compounds--10 [micro]g/m\3\, 1-hour average; or
Note to paragraph (c)(50)(i)(f):
No de minimis air quality level is provided for ozone. However, any
net emissions increase of 100 tons per year or more of volatile organic
compounds or nitrogen oxides subject to PSD would be required to perform
an ambient impact analysis, including the gathering of ambient air
quality data.
(ii) The concentrations of the pollutant in the area that the source
or modification would affect are less than the concentrations listed in
paragraph (i)(5)(i) of this section; or
(iii) The pollutant is not listed in paragraph (i)(5)(i) of this
section.
(6) The requirements for best available control technology in
paragraph (j) of this section and the requirements for air quality
analyses in paragraph
[[Page 34]]
(m)(1) of this section, shall not apply to a particular stationary
source or modification that was subject to 40 CFR 52.21 as in effect on
June 19, 1978, if the owner or operator of the source or modification
submitted an application for a permit under those regulations before
August 7, 1980, and the Administrator subsequently determines that the
application as submitted before that date was complete. Instead, the
requirements at 40 CFR 52.21(j) and (n) as in effect on June 19, 1978
apply to any such source or modification.
(7)(i) The requirements for air quality monitoring in paragraphs
(m)(1) (ii) through (iv) of this section shall not apply to a particular
source or modification that was subject to 40 CFR 52.21 as in effect on
June 19, 1978, if the owner or operator of the source or modification
submits an application for a permit under this section on or before June
8, 1981, and the Administrator subsequently determines that the
application as submitted before that date was complete with respect to
the requirements of this section other than those in paragraphs (m)(1)
(ii) through (iv) of this section, and with respect to the requirements
for such analyses at 40 CFR 52.21(m)(2) as in effect on June 19, 1978.
Instead, the latter requirements shall apply to any such source or
modification.
(ii) The requirements for air quality monitoring in paragraphs
(m)(1) (ii) through (iv) of this section shall not apply to a particular
source or modification that was not subject to 40 CFR 52.21 as in effect
on June 19, 1978, if the owner or operator of the source or modification
submits an application for a permit under this section on or before June
8, 1981, and the Administrator subsequently determines that the
application as submitted before that date was complete, except with
respect to the requirements in paragraphs (m)(1) (ii) through (iv).
(8)(i) At the discretion of the Administrator, the requirements for
air quality monitoring of PM10 in paragraphs (m)(1) (i)-(iv)
of this section may not apply to a particular source or modification
when the owner or operator of the source or modification submits an
application for a permit under this section on or before June 1, 1988
and the Administrator subsequently determines that the application as
submitted before that date was complete, except with respect to the
requirements for monitoring particulate matter in paragraphs (m)(1) (i)-
(iv).
(ii) The requirements for air quality monitoring pf PM10
in paragraphs (m)(1), (ii) and (iv) and (m)(3) of this section shall
apply to a particular source or modification if the owner or operator of
the source or modification submits an application for a permit under
this section after June 1, 1988 and no later than December 1, 1988. The
data shall have been gathered over at least the period from February 1,
1988 to the date the application becomes otherwise complete in
accordance with the provisions set forth under paragraph (m)(1)(viii) of
this section, except that if the Administrator determines that a
complete and adequate analysis can be accomplished with monitoring data
over a shorter period (not to be less than 4 months), the data that
paragraph (m)(1)(iii) requires shall have been gathered over a shorter
period.
(9) The requirements of paragraph (k)(1)(ii) of this section shall
not apply to a stationary source or modification with respect to any
maximum allowable increase for nitrogen oxides if the owner or operator
of the source or modification submitted an application for a permit
under this section before the provisions embodying the maximum allowable
increase took effect as part of the applicable implementation plan and
the Administrator subsequently determined that the application as
submitted before that date was complete.
(10) The requirements in paragraph (k)(1)(ii) of this section shall
not apply to a stationary source or modification with respect to any
maximum allowable increase for PM-10 if (i) the owner or operator of the
source or modification submitted an application for a permit under this
section before the provisions embodying the maximum allowable increases
for PM-10 took effect in an implementation plan to which this section
applies, and (ii) the Administrator subsequently determined that the
application as submitted before that date was otherwise complete.
Instead, the requirements in paragraph
[[Page 35]]
(k)(1)(ii) shall apply with respect to the maximum allowable increases
for TSP as in effect on the date the application was submitted.
(11) The requirements of paragraph (k)(1) of this section shall not
apply to a stationary source or modification with respect to the
national ambient air quality standards for PM2.5 in effect on
March 18, 2013 if:
(i) The Administrator has determined a permit application subject to
this section to be complete on or before December 14, 2012. Instead, the
requirements in paragraph (k)(1) of this section shall apply with
respect to the national ambient air quality standards for
PM2.5 in effect at the time the Administrator determined the
permit application to be complete; or
(ii) The Administrator has first published before March 18, 2013 a
public notice that a draft permit subject to this section has been
prepared. Instead, the requirements in paragraph (k)(1) of this section
shall apply with respect to the national ambient air quality standards
for PM2.5 in effect on the date the Administrator first
published a public notice that a draft permit has been prepared.
(j) Control technology review. (1) A major stationary source or
major modification shall meet each applicable emissions limitation under
the State Implementation Plan and each applicable emissions standard and
standard of performance under 40 CFR parts 60 and 61.
(2) A new major stationary source shall apply best available control
technology for each regulated NSR pollutant that it would have the
potential to emit in significant amounts.
(3) A major modification shall apply best available control
technology for each regulated NSR pollutant for which it would result in
a significant net emissions increase at the source. This requirement
applies to each proposed emissions unit at which a net emissions
increase in the pollutant would occur as a result of a physical change
or change in the method of operation in the unit.
(4) For phased construction projects, the determination of best
available control technology shall be reviewed and modified as
appropriate at the latest reasonable time which occurs no later than 18
months prior to commencement of construction of each independent phase
of the project. At such time, the owner or operator of the applicable
stationary source may be required to demonstrate the adequacy of any
previous determination of best available control technology for the
source.
(k) Source impact analysis--(1) Required demonstration. The owner or
operator of the proposed source or modification shall demonstrate that
allowable emission increases from the proposed source or modification,
in conjunction with all other applicable emissions increases or
reductions (including secondary emissions), would not cause or
contribute to air pollution in violation of:
(i) Any national ambient air quality standard in any air quality
control region; or
(ii) Any applicable maximum allowable increase over the baseline
concentration in any area.
(2) [Reserved]
(l) Air quality models. (1) All estimates of ambient concentrations
required under this paragraph shall be based on applicable air quality
models, data bases, and other requirements specified in appendix W of
part 51 of this chapter (Guideline on Air Quality Models).
(2) Where an air quality model specified in appendix W of part 51 of
this chapter (Guideline on Air Quality Models) is inappropriate, the
model may be modified or another model substituted. Such a modification
or substitution of a model may be made on a case-by-case basis or, where
appropriate, on a generic basis for a specific state program. Written
approval of the Administrator must be obtained for any modification or
substitution. In addition, use of a modified or substituted model must
be subject to notice and opportunity for public comment under procedures
developed in accordance with paragraph (q) of this section.
(m) Air quality analysis--(1) Preapplication analysis. (i) Any
application for a permit under this section shall contain an analysis of
ambient air quality in the area that the major
[[Page 36]]
stationary source or major modification would affect for each of the
following pollutants:
(a) For the source, each pollutant that it would have the potential
to omit in a significant amount;
(b) For the modification, each pollutant for which it would result
in a significant net emissions increase.
(ii) With respect to any such pollutant for which no National
Ambient Air Quality Standard exists, the analysis shall contain such air
quality monitoring data as the Administrator determines is necessary to
assess ambient air quality for that pollutant in any area that the
emissions of that pollutant would affect.
(iii) With respect to any such pollutant (other than nonmethane
hydrocarbons) for which such a standard does exist, the analysis shall
contain continuous air quality monitoring data gathered for purposes of
determining whether emissions of that pollutant would cause or
contribute to a violation of the standard or any maximum allowable
increase.
(iv) In general, the continuous air quality monitoring data that is
required shall have been gathered over a period of at least one year and
shall represent at least the year preceding receipt of the application,
except that, if the Administrator determines that a complete and
adequate analysis can be accomplished with monitoring data gathered over
a period shorter than one year (but not to be less than four months),
the data that is required shall have been gathered over at least that
shorter period.
(v) For any application which becomes complete, except as to the
requirements of paragraphs (m)(1) (iii) and (iv) of this section,
between June 8, 1981, and February 9, 1982, the data that paragraph
(m)(1)(iii) of this section, requires shall have been gathered over at
least the period from February 9, 1981, to the date the application
becomes otherwise complete, except that:
(a) If the source or modification would have been major for that
pollutant under 40 CFR 52.21 as in effect on June 19, 1978, any
monitoring data shall have been gathered over at least the period
required by those regulations.
(b) If the Administrator determines that a complete and adequate
analysis can be accomplished with monitoring data over a shorter period
(not to be less than four months), the data that paragraph (m)(1)(iii)
of this section, requires shall have been gathered over at least that
shorter period.
(c) If the monitoring data would relate exclusively to ozone and
would not have been required under 40 CFR 52.21 as in effect on June 19,
1978, the Administrator may waive the otherwise applicable requirements
of this paragraph (v) to the extent that the applicant shows that the
monitoring data would be unrepresentative of air quality over a full
year.
(vi) The owner or operator of a proposed stationary source or
modification of volatile organic compounds who satisfies all conditions
of 40 CFR part 51 Appendix S, section IV may provide post-approval
monitoring data for ozone in lieu of providing preconstruction data as
required under paragraph (m)(1) of this section.
(vii) For any application that becomes complete, except as to the
requirements of paragraphs (m)(1) (iii) and (iv) pertaining to
PM10, after December 1, 1988 and no later than August 1, 1989
the data that paragraph (m)(1)(iii) requires shall have been gathered
over at least the period from August 1, 1988 to the date the application
becomes otherwise complete, except that if the Administrator determines
that a complete and adequate analysis can be accomplished with
monitoring data over a shorter period (not to be less than 4 months),
the data that paragraph (m)(1)(iii) requires shall have been gathered
over that shorter period.
(viii) With respect to any requirements for air quality monitoring
of PM10 under paragraphs (i)(11) (i) and (ii) of this section
the owner or operator of the source or modification shall use a
monitoring method approved by the Administrator and shall estimate the
ambient concentrations of PM10 using the data collected by
such approved monitoring method in accordance with estimating procedures
approved by the Administrator.
[[Page 37]]
(2) Post-construction monitoring. The owner or operator of a major
stationary source or major modification shall, after construction of the
stationary source or modification, conduct such ambient monitoring as
the Administrator determines is necessary to determine the effect
emissions from the stationary source or modification may have, or are
having, on air quality in any area.
(3) Operations of monitoring stations. The owner or operator of a
major stationary source or major modification shall meet the
requirements of Appendix B to part 58 of this chapter during the
operation of monitoring stations for purposes of satisfying paragraph
(m) of this section.
(n) Source information. The owner or operator of a proposed source
or modification shall submit all information necessary to perform any
analysis or make any determination required under this section.
(1) With respect to a source or modification to which paragraphs
(j), (l), (n) and (p) of this section apply, such information shall
include:
(i) A description of the nature, location, design capacity, and
typical operating schedule of the source or modification, including
specifications and drawings showing its design and plant layout;
(ii) A detailed schedule for construction of the source or
modification;
(iii) A detailed description as to what system of continuous
emission reduction is planned for the source or modification, emission
estimates, and any other information necessary to determine that best
available control technology would be applied.
(2) Upon request of the Administrator, the owner or operator shall
also provide information on:
(i) The air quality impact of the source or modification, including
meteorological and topographical data necessary to estimate such impact;
and
(ii) The air quality impacts, and the nature and extent of any or
all general commercial, residential, industrial, and other growth which
has occurred since August 7, 1977, in the area the source or
modification would affect.
(o) Additional impact analyses. (1) The owner or operator shall
provide an analysis of the impairment to visibility, soils and
vegetation that would occur as a result of the source or modification
and general commercial, residential, industrial and other growth
associated with the source or modification. The owner or operator need
not provide an analysis of the impact on vegetation having no
significant commercial or recreational value.
(2) The owner or operator shall provide an analysis of the air
quality impact projected for the area as a result of general commercial,
residential, industrial and other growth associated with the source or
modification.
(3) Visibility monitoring. The Administrator may require monitoring
of visibility in any Federal class I area near the proposed new
stationary source for major modification for such purposes and by such
means as the Administrator deems necessary and appropriate.
(p) Sources impacting Federal Class I areas--additional
requirements--(1) Notice to Federal land managers. The Administrator
shall provide written notice of any permit application for a proposed
major stationary source or major modification, the emissions from which
may affect a Class I area, to the Federal land manager and the Federal
official charged with direct responsibility for management of any lands
within any such area. Such notification shall include a copy of all
information relevant to the permit application and shall be given within
30 days of receipt and at least 60 days prior to any public hearing on
the application for a permit to construct. Such notification shall
include an analysis of the proposed source's anticipated impacts on
visibility in the Federal Class I area. The Administrator shall also
provide the Federal land manager and such Federal officials with a copy
of the preliminary determination required under paragraph (q) of this
section, and shall make available to them any materials used in making
that determination, promptly after the Administrator makes such
determination. Finally, the Administrator shall also notify all affected
Federal land managers within 30 days of receipt of any advance
notification of any such permit application.
[[Page 38]]
(2) Federal Land Manager. The Federal Land Manager and the Federal
official charged with direct responsibility for management of such lands
have an affirmative responsibility to protect the air quality related
values (including visibility) of such lands and to consider, in
consultation with the Administrator, whether a proposed source or
modification will have an adverse impact on such values.
(3) Visibility analysis. The Administrator shall consider any
analysis performed by the Federal land manager, provided within 30 days
of the notification required by paragraph (p)(1) of this section, that
shows that a proposed new major stationary source or major modification
may have an adverse impact on visibility in any Federal Class I area.
Where the Administrator finds that such an analysis does not demonstrate
to the satisfaction of the Administrator that an adverse impact on
visibility will result in the Federal Class I area, the Administrator
must, in the notice of public hearing on the permit application, either
explain his decision or give notice as to where the explanation can be
obtained.
(4) Denial--impact on air quality related values. The Federal Land
Manager of any such lands may demonstrate to the Administrator that the
emissions from a proposed source or modification would have an adverse
impact on the air quality-related values (including visibility) of those
lands, notwithstanding that the change in air quality resulting from
emissions from such source or modification would not cause or contribute
to concentrations which would exceed the maximum allowable increases for
a Class I area. If the Administrator concurs with such demonstration,
then he shall not issue the permit.
(5) Class I variances. The owner or operator of a proposed source or
modification may demonstrate to the Federal Land Manager that the
emissions from such source or modification would have no adverse impact
on the air quality related values of any such lands (including
visibility), notwithstanding that the change in air quality resulting
from emissions from such source or modification would cause or
contribute to concentrations which would exceed the maximum allowable
increases for a Class I area. If the Federal land manager concurs with
such demonstration and he so certifies, the State may authorize the
Administrator: Provided, That the applicable requirements of this
section are otherwise met, to issue the permit with such emission
limitations as may be necessary to assure that emissions of sulfur
dioxide, PM2.5, PM10, and nitrogen oxides would
not exceed the following maximum allowable increases over minor source
baseline concentration for such pollutants:
------------------------------------------------------------------------
Maximum allowable
increase
Pollutant (micrograms per
cubic meter)
------------------------------------------------------------------------
PM2.5:
Annual arithmetic mean........................... 4
24-hr maximum.................................... 9
PM10:
Annual arithmetic mean........................... 17
24-hr maximum.................................... 30
Sulfur dioxide:
Annual arithmetic mean........................... 20
24-hr maximum.................................... 91
3-hr maximum..................................... 325
Nitrogen dioxide:
Annual arithmetic mean........................... 25
------------------------------------------------------------------------
(6) Sulfur dioxide variance by Governor with Federal Land Manager's
concurrence. The owner or operator of a proposed source or modification
which cannot be approved under paragraph (q)(4) of this section may
demonstrate to the Governor that the source cannot be constructed by
reason of any maximum allowable increase for sulfur dioxide for a period
of twenty-four hours or less applicable to any Class I area and, in the
case of Federal mandatory Class I areas, that a variance under this
clause would not adversely affect the air quality related values of the
area (including visibility). The Governor, after consideration of the
Federal Land Manager's recommendation (if any) and subject to his
concurrence, may, after notice and public hearing, grant a variance from
such maximum allowable increase. If such variance is granted, the
Administrator shall issue a permit to such source or modification
pursuant to the requirements of paragraph (q)(7) of this section:
Provided, That the applicable requirements of this section are otherwise
met.
(7) Variance by the Governor with the President's concurrence. In
any case
[[Page 39]]
where the Governor recommends a variance in which the Federal Land
Manager does not concur, the recommendations of the Governor and the
Federal Land Manager shall be transmitted to the President. The
President may approve the Governor's recommendation if he finds that the
variance is in the national interest. If the variance is approved, the
Administrator shall issue a permit pursuant to the requirements of
paragraph (q)(7) of this section: Provided, That the applicable
requirements of this section are otherwise met.
(8) Emission limitations for Presidential or gubernatorial variance.
In the case of a permit issued pursuant to paragraph (q) (5) or (6) of
this section the source or modification shall comply with such emission
limitations as may be necessary to assure that emissions of sulfur
dioxide from the source or modification would not (during any day on
which the otherwise applicable maximum allowable increases are exceeded)
cause or contribute to concentrations which would exceed the following
maximum allowable increases over the baseline concentration and to
assure that such emissions would not cause or contribute to
concentrations which exceed the otherwise applicable maximum allowable
increases for periods of exposure of 24 hours or less for more than 18
days, not necessarily consecutive, during any annual period:
Maximum Allowable Increase
[Micrograms per cubic meter]
------------------------------------------------------------------------
Terrain areas
Period of exposure -------------------
Low High
------------------------------------------------------------------------
24-hr maximum....................................... 36 62
3-hr maximum........................................ 130 221
------------------------------------------------------------------------
(q) Public participation. The Administrator shall follow the
applicable procedures of 40 CFR part 124 in processing applications
under this section. The Administrator shall follow the procedures at 40
CFR 52.21(r) as in effect on June 19, 1979, to the extent that the
procedures of 40 CFR part 124 do not apply.
(r) Source obligation. (1) Any owner or operator who constructs or
operates a source or modification not in accordance with the application
submitted pursuant to this section or with the terms of any approval to
construct, or any owner or operator of a source or modification subject
to this section who commences construction after the effective date of
these regulations without applying for and receiving approval hereunder,
shall be subject to appropriate enforcement action.
(2) Approval to construct shall become invalid if construction is
not commenced within 18 months after receipt of such approval, if
construction is discontinued for a period of 18 months or more, or if
construction is not completed within a reasonable time. The
Administrator may extend the 18-month period upon a satisfactory showing
that an extension is justified. This provision does not apply to the
time period between construction of the approved phases of a phased
construction project; each phase must commence construction within 18
months of the projected and approved commencement date.
(3) Approval to construct shall not relieve any owner or operator of
the responsibility to comply fully with applicable provisions of the
State implementation plan and any other requirements under local, State,
or Federal law.
(4) At such time that a particular source or modification becomes a
major stationary source or major modification solely by virtue of a
relaxation in any enforceable limitation which was established after
August 7, 1980, on the capacity of the source or modification otherwise
to emit a pollutant, such as a restriction on hours of operation, then
the requirements or paragraphs (j) through (s) of this section shall
apply to the source or modification as though construction had not yet
commenced on the source or modification.
(5) [Reserved]
(6) Except as otherwise provided in paragraph (r)(6)(vi)(b) of this
section, the provisions of this paragraph (r)(6) apply with respect to
any regulated NSR pollutant emitted from projects at existing emissions
units at a major stationary source (other than projects at a source with
a PAL) in circumstances where there is a reasonable possibility, within
the meaning of
[[Page 40]]
paragraph (r)(6)(vi) of this section, that a project that is not a part
of a major modification may result in a significant emissions increase
of such pollutant, and the owner or operator elects to use the method
specified in paragraphs (b)(41)(ii)(a) through (c) of this section for
calculating projected actual emissions.
(i) Before beginning actual construction of the project, the owner
or operator shall document and maintain a record of the following
information:
(a) A description of the project;
(b) Identification of the emissions unit(s) whose emissions of a
regulated NSR pollutant could be affected by the project; and
(c) A description of the applicability test used to determine that
the project is not a major modification for any regulated NSR pollutant,
including the baseline actual emissions, the projected actual emissions,
the amount of emissions excluded under paragraph (b)(41)(ii)(c) of this
section and an explanation for why such amount was excluded, and any
netting calculations, if applicable.
(ii) If the emissions unit is an existing electric utility steam
generating unit, before beginning actual construction, the owner or
operator shall provide a copy of the information set out in paragraph
(r)(6)(i) of this section to the Administrator. Nothing in this
paragraph (r)(6)(ii) shall be construed to require the owner or operator
of such a unit to obtain any determination from the Administrator before
beginning actual construction.
(iii) The owner or operator shall monitor the emissions of any
regulated NSR pollutant that could increase as a result of the project
and that is emitted by any emissions unit identified in paragraph
(r)(6)(i)(b) of this section; and calculate and maintain a record of the
annual emissions, in tons per year on a calendar year basis, for a
period of 5 years following resumption of regular operations after the
change, or for a period of 10 years following resumption of regular
operations after the change if the project increases the design capacity
or potential to emit that regulated NSR pollutant at such emissions
unit.
(iv) If the unit is an existing electric utility steam generating
unit, the owner or operator shall submit a report to the Administrator
within 60 days after the end of each year during which records must be
generated under paragraph (r)(6)(iii) of this section setting out the
unit's annual emissions during the calendar year that preceded
submission of the report.
(v) If the unit is an existing unit other than an electric utility
steam generating unit, the owner or operator shall submit a report to
the Administrator if the annual emissions, in tons per year, from the
project identified in paragraph (r)(6)(i) of this section, exceed the
baseline actual emissions (as documented and maintained pursuant to
paragraph (r)(6)(i)(c) of this section), by a significant amount (as
defined in paragraph (b)(23) of this section) for that regulated NSR
pollutant, and if such emissions differ from the preconstruction
projection as documented and maintained pursuant to paragraph
(r)(6)(i)(c) of this section. Such report shall be submitted to the
Administrator within 60 days after the end of such year. The report
shall contain the following:
(a) The name, address and telephone number of the major stationary
source;
(b) The annual emissions as calculated pursuant to paragraph
(r)(6)(iii) of this section; and
(c) Any other information that the owner or operator wishes to
include in the report (e.g., an explanation as to why the emissions
differ from the preconstruction projection).
(vi) A ``reasonable possibility'' under paragraph (r)(6) of this
section occurs when the owner or operator calculates the project to
result in either:
(a) A projected actual emissions increase of at least 50 percent of
the amount that is a ``significant emissions increase,'' as defined
under paragraph (b)(40) of this section (without reference to the amount
that is a significant net emissions increase), for the regulated NSR
pollutant; or
(b) A projected actual emissions increase that, added to the amount
of emissions excluded under paragraph (b)(41)(ii)(c) of this section,
sums to at least 50 percent of the amount that is a
[[Page 41]]
``significant emissions increase,'' as defined under paragraph (b)(40)
of this section (without reference to the amount that is a significant
net emissions increase), for the regulated NSR pollutant. For a project
for which a reasonable possibility occurs only within the meaning of
paragraph (r)(6)(vi)(b) of this section, and not also within the meaning
of paragraph (r)(6)(vi)(a) of this section, then provisions (r)(6)(ii)
through (v) do not apply to the project.
(7) The owner or operator of the source shall make the information
required to be documented and maintained pursuant to paragraph (r)(6) of
this section available for review upon a request for inspection by the
Administrator or the general public pursuant to the requirements
contained in Sec. 70.4(b)(3)(viii) of this chapter.
(s) Environmental impact statements. Whenever any proposed source or
modification is subject to action by a Federal Agency which might
necessitate preparation of an environmental impact statement pursuant to
the National Environmental Policy Act (42 U.S.C. 4321), review by the
Administrator conducted pursuant to this section shall be coordinated
with the broad environmental reviews under that Act and under section
309 of the Clean Air Act to the maximum extent feasible and reasonable.
(t) Disputed permits or redesignations. If any State affected by the
redesignation of an area by an Indian Governing Body, or any Indian
Governing Body of a tribe affected by the redesignation of an area by a
State, disagrees with such redesignation, or if a permit is proposed to
be issued for any major stationary source or major modification proposed
for construction in any State which the Governor of an affected State or
Indian Governing Body of an affected tribe determines will cause or
contribute to a cumulative change in air quality in excess of that
allowed in this part within the affected State or Indian Reservation,
the Governor or Indian Governing Body may request the Administrator to
enter into negotiations with the parties involved to resolve such
dispute. If requested by any State or Indian Governing Body involved,
the Administrator shall make a recommendation to resolve the dispute and
protect the air quality related values of the lands involved. If the
parties involved do not reach agreement, the Administrator shall resolve
the dispute and his determination, or the results of agreements reached
through other means, shall become part of the applicable State
implementation plan and shall be enforceable as part of such plan. In
resolving such disputes relating to area redesignation, the
Administrator shall consider the extent to which the lands involved are
of sufficient size to allow effective air quality management or have air
quality related values of such an area.
(u) Delegation of authority. (1) The Administrator shall have the
authority to delegate his responsibility for conducting source review
pursuant to this section, in accordance with paragraph (u)(2) of this
section.
(2) Where the Administrator delegates the responsibility for
conducting source review under this section to any agency other than a
Regional Office of the Environmental Protection Agency, the following
provisions shall apply:
(i) Where the delegate agency is not an air pollution control
agency, it shall consult with the appropriate state, tribe, and local
air pollution control agency prior to making any determination under
this section. Similarly, where the delegate agency does not have
continuing responsibility for managing land use, it shall consult with
the appropriate state, tribe, and local agency primarily responsible for
managing land use prior to making any determination under this section.
(ii) The delegate agency shall send a copy of any public comment
notice required under paragraph (r) of this section to the Administrator
through the appropriate Regional Office.
(3) In the case of a source or modification which proposes to
construct in a class III area, emissions from which would cause or
contribute to air quality exceeding the maximum allowable increase
applicable if the area were designated a class II area, and where no
standard under section 111 of the act has been promulgated for such
source
[[Page 42]]
category, the Administrator must approve the determination of best
available control technology as set forth in the permit.
(v) Innovative control technology. (1) An owner or operator of a
proposed major stationary source or major modification may request the
Administrator in writing no later than the close of the comment period
under 40 CFR 124.10 to approve a system of innovative control
technology.
(2) The Administrator shall, with the consent of the governor(s) of
the affected state(s), determine that the source or modification may
employ a system of innovative control technology, if:
(i) The proposed control system would not cause or contribute to an
unreasonable risk to public health, welfare, or safety in its operation
or function;
(ii) The owner or operator agrees to achieve a level of continuous
emissions reduction equivalent to that which would have been required
under paragraph (j)(2) of this section, by a date specified by the
Administrator. Such date shall not be later than 4 years from the time
of startup or 7 years from permit issuance;
(iii) The source or modification would meet the requirements of
paragraphs (j) and (k) of this section, based on the emissions rate that
the stationary source employing the system of innovative control
technology would be required to meet on the date specified by the
Administrator;
(iv) The source or modification would not before the date specified
by the Administrator:
(a) Cause or contribute to a violation of an applicable national
ambient air quality standard; or
(b) Impact any area where an applicable increment is known to be
violated; and
(v) All other applicable requirements including those for public
participation have been met.
(vi) The provisions of paragraph (p) of this section (relating to
Class I areas) have been satisfied with respect to all periods during
the life of the source or modification.
(3) The Administrator shall withdraw any approval to employ a system
of innovative control technology made under this section, if:
(i) The proposed system fails by the specified date to achieve the
required continuous emissions reduction rate; or
(ii) The proposed system fails before the specified date so as to
contribute to an unreasonable risk to public health, welfare, or safety;
or
(iii) The Administrator decides at any time that the proposed system
is unlikely to achieve the required level of control or to protect the
public health, welfare, or safety.
(4) If a source or modification fails to meet the required level of
continuous emission reduction within the specified time period or the
approval is withdrawn in accordance with paragraph (v)(3) of this
section, the Administrator may allow the source or modification up to an
additional 3 years to meet the requirement for the application of best
available control technology through use of a demonstrated system of
control.
(w) Permit rescission. (1) Any permit issued under this section or a
prior version of this section shall remain in effect, unless and until
it expires under paragraph (s) of this section or is rescinded.
(2) Any owner or operator of a stationary source or modification who
holds a permit for the source or modification which was issued under 40
CFR 52.21 as in effect on July 30, 1987, or any earlier version of this
section, may request that the Administrator rescind the permit or a
particular portion of the permit.
(3) The Administrator shall grant an application for rescission if
the application shows that this section would not apply to the source or
modification.
(4) If the Administrator rescinds a permit under this paragraph, the
public shall be given adequate notice of the rescission. Publication of
an announcement of rescission in a newspaper of general circulation in
the affected region within 60 days of the rescission shall be considered
adequate notice.
(x)-(z) [Reserved]
(aa) Actuals PALs. The provisions in paragraphs (aa)(1) through (15)
of this section govern actuals PALs.
[[Page 43]]
(1) Applicability. (i) The Administrator may approve the use of an
actuals PAL, including for GHGs on either a mass basis or a
CO2e basis, for any existing major stationary source or any
existing GHG-only source if the PAL meets the requirements in paragraphs
(aa)(1) through (15) of this section. The term ``PAL'' shall mean
``actuals PAL'' throughout paragraph (aa) of this section.
(ii) Any physical change in or change in the method of operation of
a major stationary source or a GHG-only source that maintains its total
source-wide emissions below the PAL level, meets the requirements in
paragraphs (aa)(1) through (15) of this section, and complies with the
PAL permit:
(a) Is not a major modification for the PAL pollutant;
(b) Does not have to be approved through the PSD program;
(c) Is not subject to the provisions in paragraph (r)(4) of this
section (restrictions on relaxing enforceable emission limitations that
the major stationary source used to avoid applicability of the major NSR
program); and
(d) Does not make GHGs subject to regulation as defined by paragraph
(b)(49) of this section.
(iii) Except as provided under paragraph (aa)(1)(ii)(c) of this
section, a major stationary source or a GHG-only source shall continue
to comply with all applicable Federal or State requirements, emission
limitations, and work practice requirements that were established prior
to the effective date of the PAL.
(2) Definitions. For the purposes of this section, the definitions
in paragraphs (aa)(2)(i) through (xi) of this section apply. When a term
is not defined in these paragraphs, it shall have the meaning given in
paragraph (b) of this section or in the Act.
(i) Actuals PAL for a major stationary source means a PAL based on
the baseline actual emissions (as defined in paragraph (b)(48) of this
section) of all emissions units (as defined in paragraph (b)(7) of this
section) at the source, that emit or have the potential to emit the PAL
pollutant. For a GHG-only source, actuals PAL means a PAL based on the
baseline actual emissions (as defined in paragraph (aa)(2)(xiii) of this
section) of all emissions units (as defined in paragraph (aa)(2)(xiv) of
this section) at the source, that emit or have the potential to emit
GHGs.
(ii) Allowable emissions means ``allowable emissions'' as defined in
paragraph (b)(16) of this section, except as this definition is modified
according to paragraphs (aa)(2)(ii)(a) and (b) of this section.
(a) The allowable emissions for any emissions unit shall be
calculated considering any emission limitations that are enforceable as
a practical matter on the emissions unit's potential to emit.
(b) An emissions unit's potential to emit shall be determined using
the definition in paragraph (b)(4) of this section, except that the
words ``or enforceable as a practical matter'' should be added after
``federally enforceable.''
(iii) Small emissions unit means an emissions unit that emits or has
the potential to emit the PAL pollutant in an amount less than the
significant level for that PAL pollutant, as defined in paragraph
(b)(23) of this section or in the Act, whichever is lower. For a GHG PAL
issued on a CO2e basis, small emissions unit means an
emissions unit that emits or has the potential to emit less than the
amount of GHGs on a CO2e basis defined as ``significant'' for
the purposes of paragraph (b)(49)(iii) of this section at the time the
PAL permit is being issued.
(iv) Major emissions unit means:
(a) Any emissions unit that emits or has the potential to emit 100
tons per year or more of the PAL pollutant in an attainment area; or
(b) Any emissions unit that emits or has the potential to emit the
PAL pollutant in an amount that is equal to or greater than the major
source threshold for the PAL pollutant as defined by the Act for
nonattainment areas. For example, in accordance with the definition of
major stationary source in section 182(c) of the Act, an emissions unit
would be a major emissions unit for VOC if the emissions unit is located
in a serious ozone nonattainment area and it emits or has the potential
to emit 50 or more tons of VOC per year.
(c) For a GHG PAL issued on a CO2e basis, any emissions
unit that emits or has the potential to emit equal to or
[[Page 44]]
greater than the amount of GHGs on a CO2e basis that would be
sufficient for a new source to trigger permitting requirements under
paragraph (b)(49) of this section at the time the PAL permit is being
issued.
(v) Plantwide applicability limitation (PAL) means an emission
limitation expressed on a mass basis in tons per year, or expressed in
tons per year CO2e for a CO2e-based GHG emission
limitation, for a pollutant at a major stationary source or GHG-only
source, that is enforceable as a practical matter and established
source-wide in accordance with paragraphs (aa)(1) through (15) of this
section.
(vi) PAL effective date generally means the date of issuance of the
PAL permit. However, the PAL effective date for an increased PAL is the
date any emissions unit that is part of the PAL major modification
becomes operational and begins to emit the PAL pollutant.
(vii) PAL effective period means the period beginning with the PAL
effective date and ending 10 years later.
(viii) PAL major modification means, notwithstanding paragraphs
(b)(2), (b)(3), and (b)(49) of this section (the definitions for major
modification, net emissions increase, and subject to regulation), any
physical change in or change in the method of operation of the PAL
source that causes it to emit the PAL pollutant at a level equal to or
greater than the PAL.
(ix) PAL permit means the major NSR permit, the minor NSR permit, or
the State operating permit under a program that is approved into the
State Implementation Plan, or the title V permit issued by the
Administrator that establishes a PAL for a major stationary source or a
GHG-only source.
(x) PAL pollutant means the pollutant for which a PAL is established
at a major stationary source or a GHG-only source. For a GHG-only
source, the only available PAL pollutant is greenhouse gases.
(xi) Significant emissions unit means an emissions unit that emits
or has the potential to emit a PAL pollutant in an amount that is equal
to or greater than the significant level (as defined in paragraph
(b)(23) of this section or in the Act, whichever is lower) for that PAL
pollutant, but less than the amount that would qualify the unit as a
major emissions unit as defined in paragraph (aa)(2)(iv) of this
section. For a GHG PAL issued on a CO2e basis, significant
emissions unit means any emissions unit that emits or has the potential
to emit GHGs on a CO2e basis in amounts equal to or greater
than the amount that would qualify the unit as small emissions unit as
defined in paragraph (aa)(2)(iii) of this section, but less than the
amount that would qualify the unit as a major emissions unit as defined
in paragraph (aa)(2)(iv)(c) of this section.
(xii) GHG-only source means any existing stationary source that
emits or has the potential to emit GHGs in the amount equal to or
greater than the amount of GHGs on a mass basis that would be sufficient
for a new source to trigger permitting requirements for GHGs under
paragraph (b)(1) of this section and the amount of GHGs on a
CO2e basis that would be sufficient for a new source to
trigger permitting requirements for GHGs under paragraph (b)(49) of this
section at the time the PAL permit is being issued, but does not emit or
have the potential to emit any other non-GHG regulated NSR pollutant at
or above the applicable major source threshold. A GHG-only source may
only obtain a PAL for GHG emissions under paragraph (aa) of this
section.
(xiii) Baseline actual emissions for a GHG PAL means the average
rate, in tons per year CO2e or tons per year GHG, as
applicable, at which the emissions unit actually emitted GHGs during any
consecutive 24-month period selected by the owner or operator within the
10-year period immediately preceding either the date the owner or
operator begins actual construction of the project, or the date a
complete permit application is received by the Administrator for a
permit required under this section or by the permitting authority for a
permit required by a plan, whichever is earlier. For any existing
electric utility steam generating unit, baseline actual emissions for a
GHG PAL means the average rate, in tons per year CO2e or tons
per year GHG, as applicable, at which the emissions unit actually
emitted the GHGs during any
[[Page 45]]
consecutive 24-month period selected by the owner or operator within the
5-year period immediately preceding either the date the owner or
operator begins actual construction of the project, except that the
Administrator shall allow the use of a different time period upon a
determination that it is more representative of normal source operation.
(a) The average rate shall include fugitive emissions to the extent
quantifiable, and emissions associated with startups, shutdowns, and
malfunctions.
(b) The average rate shall be adjusted downward to exclude any non-
compliant emissions that occurred while the source was operating above
an emission limitation that was legally enforceable during the
consecutive 24-month period.
(c) The average rate shall be adjusted downward to exclude any
emissions that would have exceeded an emission limitation with which the
stationary source must currently comply, had such stationary source been
required to comply with such limitations during the consecutive 24-month
period.
(d) The average rate shall not be based on any consecutive 24-month
period for which there is inadequate information for determining annual
GHG emissions and for adjusting this amount if required by paragraphs
(aa)(2)(xiii)(b) and (c) of this section.
(xiv) Emissions unit with respect to GHGs means any part of a
stationary source that emits or has the potential to emit GHGs. For
purposes of this section, there are two types of emissions units as
described in the following:
(a) A new emissions unit is any emissions unit that is (or will be)
newly constructed and that has existed for less than 2 years from the
date such emissions unit first operated.
(b) An existing emissions unit is any emissions unit that does not
meet the requirements in paragraph (aa)(2)(xiv)(a) of this section.
(xv) Minor source means any stationary source that does not meet the
definition of major stationary source in paragraph (b)(1) of this
section for any pollutant at the time the PAL is issued.
(3) Permit application requirements. As part of a permit application
requesting a PAL, the owner or operator of a major stationary source or
a GHG-only source shall submit the following information to the
Administrator for approval:
(i) A list of all emissions units at the source designated as small,
significant or major based on their potential to emit. In addition, the
owner or operator of the source shall indicate which, if any, Federal or
State applicable requirements, emission limitations, or work practices
apply to each unit.
(ii) Calculations of the baseline actual emissions (with supporting
documentation). Baseline actual emissions are to include emissions
associated not only with operation of the unit, but also emissions
associated with startup, shutdown, and malfunction.
(iii) The calculation procedures that the major stationary source
owner or operator proposes to use to convert the monitoring system data
to monthly emissions and annual emissions based on a 12-month rolling
total for each month as required by paragraph (aa)(13)(i) of this
section.
(iv) As part of a permit application requesting a GHG PAL, the owner
or operator of a major stationary source or a GHG-only source shall
submit a statement by the source owner or operator that clarifies
whether the source is an existing major source as defined in paragraph
(b)(1)(i)(a) and (b) of this section or a GHG-only source as defined in
paragraph (aa)(2)(xii) of this section.
(4) General requirements for establishing PALs. (i) The
Administrator is allowed to establish a PAL at a major stationary source
or a GHG-only source, provided that at a minimum, the requirements in
paragraphs (aa)(4)(i)(a) through (g) of this section are met.
(a) The PAL shall impose an annual emission limitation expressed on
a mass basis in tons per year, or expressed in tons per year
CO2e, that is enforceable as a practical matter, for the
entire major stationary source or GHG-only source. For each month during
the PAL effective period after the first 12 months of establishing a
PAL, the major stationary source or GHG-only source owner or operator
shall show that the sum of the monthly
[[Page 46]]
emissions from each emissions unit under the PAL for the previous 12
consecutive months is less than the PAL (a 12-month average, rolled
monthly). For each month during the first 11 months from the PAL
effective date, the major stationary source or GHG-only source owner or
operator shall show that the sum of the preceding monthly emissions from
the PAL effective date for each emissions unit under the PAL is less
than the PAL.
(b) The PAL shall be established in a PAL permit that meets the
public participation requirements in paragraph (aa)(5) of this section.
(c) The PAL permit shall contain all the requirements of paragraph
(aa)(7) of this section.
(d) The PAL shall include fugitive emissions, to the extent
quantifiable, from all emissions units that emit or have the potential
to emit the PAL pollutant at the major stationary source or GHG-only
source.
(e) Each PAL shall regulate emissions of only one pollutant.
(f) Each PAL shall have a PAL effective period of 10 years.
(g) The owner or operator of the major stationary source or GHG-only
source with a PAL shall comply with the monitoring, recordkeeping, and
reporting requirements provided in paragraphs (aa)(12) through (14) of
this section for each emissions unit under the PAL through the PAL
effective period.
(ii) At no time (during or after the PAL effective period) are
emissions reductions of a PAL pollutant that occur during the PAL
effective period creditable as decreases for purposes of offsets under
Sec. 51.165(a)(3)(ii) of this chapter unless the level of the PAL is
reduced by the amount of such emissions reductions and such reductions
would be creditable in the absence of the PAL.
(5) Public participation requirements for PALs. PALs for existing
major stationary sources or GHG-only sources shall be established,
renewed, or increased through a procedure that is consistent with
Secs. 51.160 and 51.161 of this chapter. This includes the requirement
that the Administrator provide the public with notice of the proposed
approval of a PAL permit and at least a 30-day period for submittal of
public comment. The Administrator must address all material comments
before taking final action on the permit.
(6) Setting the 10-year actuals PAL level. (i) Except as provided in
paragraph (aa)(6)(ii) and (iii) of this section, the plan shall provide
that the actuals PAL level for a major stationary source or a GHG-only
source shall be established as the sum of the baseline actual emissions
(as defined in paragraph (b)(48) of this section or, for GHGs, paragraph
(aa)(2)(xiii) of this section) of the PAL pollutant for each emissions
unit at the source; plus an amount equal to the applicable significant
level for the PAL pollutant under paragraph (b)(23) of this section or
under the Act, whichever is lower. When establishing the actuals PAL
level, for a PAL pollutant, only one consecutive 24-month period must be
used to determine the baseline actual emissions for all existing
emissions units. However, a different consecutive 24-month period may be
used for each different PAL pollutant. Emissions associated with units
that were permanently shut down after this 24-month period must be
subtracted from the PAL level. The reviewing authority shall specify a
reduced PAL level(s) (in tons/yr) in the PAL permit to become effective
on the future compliance date(s) of any applicable Federal or State
regulatory requirement(s) that the reviewing authority is aware of prior
to issuance of the PAL permit. For instance, if the source owner or
operator will be required to reduce emissions from industrial boilers in
half from baseline emissions of 60 ppm NOX to a new rule
limit of 30 ppm, then the permit shall contain a future effective PAL
level that is equal to the current PAL level reduced by half of the
original baseline emissions of such unit(s).
(ii) For newly constructed units (which do not include modifications
to existing units) on which actual construction began after the 24-month
period, in lieu of adding the baseline actual emissions as specified in
paragraph (aa)(6)(i) of this section, the emissions must be added to the
PAL level in an amount equal to the potential to emit of the units.
(iii) For CO2e based GHG PAL, the actuals PAL level shall
be established
[[Page 47]]
as the sum of the GHGs baseline actual emissions (as defined in
paragraph (aa)(2)(xiii) of this section) of GHGs for each emissions unit
at the source, plus an amount equal to the amount defined as
``significant'' on a CO2e basis for the purposes of paragraph
(b)(49)(iii) at the time the PAL permit is being issued. When
establishing the actuals PAL level for a CO2e-based PAL, only
one consecutive 24-month period must be used to determine the baseline
actual emissions for all existing emissions units. Emissions associated
with units that were permanently shut down after this 24-month period
must be subtracted from the PAL level. The reviewing authority shall
specify a reduced PAL level (in tons per year CO2e) in the
PAL permit to become effective on the future compliance date(s) of any
applicable Federal or state regulatory requirement(s) that the reviewing
authority is aware of prior to issuance of the PAL permit.
(7) Contents of the PAL permit. The PAL permit must contain, at a
minimum, the information in paragraphs (aa)(7)(i) through (xi) of this
section.
(i) The PAL pollutant and the applicable source-wide emission
limitation in tons per year or tons per year CO2e.
(ii) The PAL permit effective date and the expiration date of the
PAL (PAL effective period).
(iii) Specification in the PAL permit that if a major stationary
source or a GHG-only source owner or operator applies to renew a PAL in
accordance with paragraph (aa)(10) of this section before the end of the
PAL effective period, then the PAL shall not expire at the end of the
PAL effective period. It shall remain in effect until a revised PAL
permit is issued by a reviewing authority.
(iv) A requirement that emission calculations for compliance
purposes must include emissions from startups, shutdowns, and
malfunctions.
(v) A requirement that, once the PAL expires, the major stationary
source or GHG-only source is subject to the requirements of paragraph
(aa)(9) of this section.
(vi) The calculation procedures that the major stationary source or
GHG-only source owner or operator shall use to convert the monitoring
system data to monthly emissions and annual emissions based on a 12-
month rolling total as required by paragraph (aa)(13)(i) of this
section.
(vii) A requirement that the major stationary source or GHG-only
source owner or operator monitor all emissions units in accordance with
the provisions under paragraph (aa)(12) of this section.
(viii) A requirement to retain the records required under paragraph
(aa)(13) of this section on site. Such records may be retained in an
electronic format.
(ix) A requirement to submit the reports required under paragraph
(aa)(14) of this section by the required deadlines.
(x) Any other requirements that the Administrator deems necessary to
implement and enforce the PAL.
(xi) A permit for a GHG PAL issued to a GHG-only source shall also
include a statement denoting that GHG emissions at the source will not
be subject to regulation under paragraph (b)(49) of this section as long
as the source complies with the PAL.
(8) PAL effective period and reopening of the PAL permit. The
requirements in paragraphs (aa)(8)(i) and (ii) of this section apply to
actuals PALs.
(i) PAL effective period. The Administrator shall specify a PAL
effective period of 10 years.
(ii) Reopening of the PAL permit. (a) During the PAL effective
period, the Administrator must reopen the PAL permit to:
(1) Correct typographical/calculation errors made in setting the PAL
or reflect a more accurate determination of emissions used to establish
the PAL;
(2) Reduce the PAL if the owner or operator of the major stationary
source creates creditable emissions reductions for use as offsets under
Sec. 51.165(a)(3)(ii) of this chapter; and
(3) Revise the PAL to reflect an increase in the PAL as provided
under paragraph (aa)(11) of this section.
(b) The Administrator shall have discretion to reopen the PAL permit
for the following:
(1) Reduce the PAL to reflect newly applicable Federal requirements
(for example, NSPS) with compliance dates after the PAL effective date;
[[Page 48]]
(2) Reduce the PAL consistent with any other requirement, that is
enforceable as a practical matter, and that the State may impose on the
major stationary source or GHG-only source under the State
Implementation Plan; and
(3) Reduce the PAL if the reviewing authority determines that a
reduction is necessary to avoid causing or contributing to a NAAQS or
PSD increment violation, or to an adverse impact on an air quality
related value that has been identified for a Federal Class I area by a
Federal Land Manager and for which information is available to the
general public.
(c) Except for the permit reopening in paragraph (aa)(8)(ii)(a)(1)
of this section for the correction of typographical/calculation errors
that do not increase the PAL level, all other reopenings shall be
carried out in accordance with the public participation requirements of
paragraph (aa)(5) of this section.
(9) Expiration of a PAL. Any PAL that is not renewed in accordance
with the procedures in paragraph (aa)(10) of this section shall expire
at the end of the PAL effective period, and the requirements in
paragraphs (aa)(9)(i) through (v) of this section shall apply.
(i) Each emissions unit (or each group of emissions units) that
existed under the PAL shall comply with an allowable emission limitation
under a revised permit established according to the procedures in
paragraphs (aa)(9)(i)(a) and (b) of this section.
(a) Within the time frame specified for PAL renewals in paragraph
(aa)(10)(ii) of this section, the major stationary source or GHG-only
source shall submit a proposed allowable emission limitation for each
emissions unit (or each group of emissions units, if such a distribution
is more appropriate as decided by the Administrator) by distributing the
PAL allowable emissions for the major stationary source or GHG-only
source among each of the emissions units that existed under the PAL. If
the PAL had not yet been adjusted for an applicable requirement that
became effective during the PAL effective period, as required under
paragraph (aa)(10)(v) of this section, such distribution shall be made
as if the PAL had been adjusted.
(b) The Administrator shall decide whether and how the PAL allowable
emissions will be distributed and issue a revised permit incorporating
allowable limits for each emissions unit, or each group of emissions
units, as the Administrator determines is appropriate.
(ii) Each emissions unit(s) shall comply with the allowable emission
limitation on a 12-month rolling basis. The Administrator may approve
the use of monitoring systems (source testing, emission factors, etc.)
other than CEMS, CERMS, PEMS, or CPMS to demonstrate compliance with the
allowable emission limitation.
(iii) Until the Administrator issues the revised permit
incorporating allowable limits for each emissions unit, or each group of
emissions units, as required under paragraph (aa)(9)(i)(b) of this
section, the source shall continue to comply with a source-wide, multi-
unit emissions cap equivalent to the level of the PAL emission
limitation.
(iv) Any physical change or change in the method of operation at the
major stationary source or GHG-only source will be subject to major NSR
requirements if such change meets the definition of major modification
in paragraph (b)(2) of this section.
(v) The major stationary source or GHG-only source owner or operator
shall continue to comply with any State or Federal applicable
requirements (BACT, RACT, NSPS, etc.) that may have applied either
during the PAL effective period or prior to the PAL effective period
except for those emission limitations that had been established pursuant
to paragraph (r)(4) of this section, but were eliminated by the PAL in
accordance with the provisions in paragraph (aa)(1)(ii)(c) of this
section.
(10) Renewal of a PAL. (i) The Administrator shall follow the
procedures specified in paragraph (aa)(5) of this section in approving
any request to renew a PAL for a major stationary source or a GHG-only
source, and shall provide both the proposed PAL level and a written
rationale for the proposed PAL level to the public for review and
comment. During such public
[[Page 49]]
review, any person may propose a PAL level for the source for
consideration by the Administrator.
(ii) Application deadline. A major stationary source or GHG-only
source owner or operator shall submit a timely application to the
Administrator to request renewal of a PAL. A timely application is one
that is submitted at least 6 months prior to, but not earlier than 18
months from, the date of permit expiration. This deadline for
application submittal is to ensure that the permit will not expire
before the permit is renewed. If the owner or operator of a major
stationary source or GHG-only source submits a complete application to
renew the PAL within this time period, then the PAL shall continue to be
effective until the revised permit with the renewed PAL is issued.
(iii) Application requirements. The application to renew a PAL
permit shall contain the information required in paragraphs
(aa)(10)(iii)(a) through (d) of this section.
(a) The information required in paragraphs (aa)(3)(i) through (iii)
of this section.
(b) A proposed PAL level.
(c) The sum of the potential to emit of all emissions units under
the PAL (with supporting documentation).
(d) Any other information the owner or operator wishes the
Administrator to consider in determining the appropriate level for
renewing the PAL.
(iv) PAL adjustment. In determining whether and how to adjust the
PAL, the Administrator shall consider the options outlined in paragraphs
(aa)(10)(iv)(a) and (b) of this section. However, in no case may any
such adjustment fail to comply with paragraph (aa)(10)(iv)(c) of this
section.
(a) If the emissions level calculated in accordance with paragraph
(aa)(6) of this section is equal to or greater than 80 percent of the
PAL level, the Administrator may renew the PAL at the same level without
considering the factors set forth in paragraph (aa)(10)(iv)(b) of this
section; or
(b) The Administrator may set the PAL at a level that he or she
determines to be more representative of the source's baseline actual
emissions, or that he or she determines to be more appropriate
considering air quality needs, advances in control technology,
anticipated economic growth in the area, desire to reward or encourage
the source's voluntary emissions reductions, or other factors as
specifically identified by the Administrator in his or her written
rationale.
(c) Notwithstanding paragraphs (aa)(10)(iv)(a) and (b) of this
section:
(1) If the potential to emit of the major stationary source or GHG-
only source is less than the PAL, the Administrator shall adjust the PAL
to a level no greater than the potential to emit of the source; and
(2) The Administrator shall not approve a renewed PAL level higher
than the current PAL, unless the major stationary source or GHG-only
source has complied with the provisions of paragraph (aa)(11) of this
section (increasing a PAL).
(11) Increasing a PAL during the PAL effective period. (i) The
Administrator may increase a PAL emission limitation only if the major
stationary source or GHG-only source complies with the provisions in
paragraphs (aa)(11)(i)(a) through (d) of this section.
(a) The owner or operator of the major stationary source or GHG-only
source shall submit a complete application to request an increase in the
PAL limit for a PAL major modification. Such application shall identify
the emissions unit(s) contributing to the increase in emissions so as to
cause the major stationary or GHG-only source's emissions to equal or
exceed its PAL.
(b) As part of this application, the major stationary source or GHG-
only source owner or operator shall demonstrate that the sum of the
baseline actual emissions of the small emissions units, plus the sum of
the baseline actual emissions of the significant and major emissions
units assuming application of BACT equivalent controls, plus the sum of
the allowable emissions of the new or modified emissions unit(s) exceeds
the PAL. The level of control that would result from BACT equivalent
controls on each significant or major emissions unit shall be determined
by conducting a new BACT analysis at the time the application is
submitted, unless the emissions unit is currently required to comply
with a
[[Page 50]]
BACT or LAER requirement that was established within the preceding 10
years. In such a case, the assumed control level for that emissions unit
shall be equal to the level of BACT or LAER with which that emissions
unit must currently comply.
(c) The owner or operator obtains a major NSR permit for all
emissions unit(s) identified in paragraph (aa)(11)(i)(a) of this
section, regardless of the magnitude of the emissions increase resulting
from them (that is, no significant levels apply). These emissions
unit(s) shall comply with any emissions requirements resulting from the
major NSR process (for example, BACT), even though they have also become
subject to the PAL or continue to be subject to the PAL.
(d) The PAL permit shall require that the increased PAL level shall
be effective on the day any emissions unit that is part of the PAL major
modification becomes operational and begins to emit the PAL pollutant.
(ii) The Administrator shall calculate the new PAL as the sum of the
allowable emissions for each modified or new emissions unit, plus the
sum of the baseline actual emissions of the significant and major
emissions units (assuming application of BACT equivalent controls as
determined in accordance with paragraph (aa)(11)(i)(b)), plus the sum of
the baseline actual emissions of the small emissions units.
(iii) The PAL permit shall be revised to reflect the increased PAL
level pursuant to the public notice requirements of paragraph (aa)(5) of
this section.
(12) Monitoring requirements for PALs. (i) General requirements. (a)
Each PAL permit must contain enforceable requirements for the monitoring
system that accurately determines plantwide emissions of the PAL
pollutant in terms of mass per unit of time or CO2e per unit
of time. Any monitoring system authorized for use in the PAL permit must
be based on sound science and meet generally acceptable scientific
procedures for data quality and manipulation. Additionally, the
information generated by such system must meet minimum legal
requirements for admissibility in a judicial proceeding to enforce the
PAL permit.
(b) The PAL monitoring system must employ one or more of the four
general monitoring approaches meeting the minimum requirements set forth
in paragraphs (aa)(12)(ii)(a) through (d) of this section and must be
approved by the Administrator.
(c) Notwithstanding paragraph (aa)(12)(i)(b) of this section, you
may also employ an alternative monitoring approach that meets paragraph
(aa)(12)(i)(a) of this section if approved by the Administrator.
(d) Failure to use a monitoring system that meets the requirements
of this section renders the PAL invalid.
(ii) Minimum performance requirements for approved monitoring
approaches. The following are acceptable general monitoring approaches
when conducted in accordance with the minimum requirements in paragraphs
(aa)(12)(iii) through (ix) of this section:
(a) Mass balance calculations for activities using coatings or
solvents;
(b) CEMS;
(c) CPMS or PEMS; and
(d) Emission factors.
(iii) Mass balance calculations. An owner or operator using mass
balance calculations to monitor PAL pollutant emissions from activities
using coating or solvents shall meet the following requirements:
(a) Provide a demonstrated means of validating the published content
of the PAL pollutant that is contained in or created by all materials
used in or at the emissions unit;
(b) Assume that the emissions unit emits all of the PAL pollutant
that is contained in or created by any raw material or fuel used in or
at the emissions unit, if it cannot otherwise be accounted for in the
process; and
(c) Where the vendor of a material or fuel, which is used in or at
the emissions unit, publishes a range of pollutant content from such
material, the owner or operator must use the highest value of the range
to calculate the PAL pollutant emissions unless the Administrator
determines there is site-specific data or a site-specific monitoring
program to support another content within the range.
(iv) CEMS. An owner or operator using CEMS to monitor PAL pollutant
[[Page 51]]
emissions shall meet the following requirements:
(a) CEMS must comply with applicable Performance Specifications
found in 40 CFR part 60, appendix B; and
(b) CEMS must sample, analyze and record data at least every 15
minutes while the emissions unit is operating.
(v) CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor
PAL pollutant emissions shall meet the following requirements:
(a) The CPMS or the PEMS must be based on current site-specific data
demonstrating a correlation between the monitored parameter(s) and the
PAL pollutant emissions across the range of operation of the emissions
unit; and
(b) Each CPMS or PEMS must sample, analyze, and record data at least
every 15 minutes, or at another less frequent interval approved by the
Administrator, while the emissions unit is operating.
(vi) Emission factors. An owner or operator using emission factors
to monitor PAL pollutant emissions shall meet the following
requirements:
(a) All emission factors shall be adjusted, if appropriate, to
account for the degree of uncertainty or limitations in the factors'
development;
(b) The emissions unit shall operate within the designated range of
use for the emission factor, if applicable; and
(c) If technically practicable, the owner or operator of a
significant emissions unit that relies on an emission factor to
calculate PAL pollutant emissions shall conduct validation testing to
determine a site-specific emission factor within 6 months of PAL permit
issuance, unless the Administrator determines that testing is not
required.
(vii) A source owner or operator must record and report maximum
potential emissions without considering enforceable emission limitations
or operational restrictions for an emissions unit during any period of
time that there is no monitoring data, unless another method for
determining emissions during such periods is specified in the PAL
permit.
(viii) Notwithstanding the requirements in paragraphs (aa)(12)(iii)
through (vii) of this section, where an owner or operator of an
emissions unit cannot demonstrate a correlation between the monitored
parameter(s) and the PAL pollutant emissions rate at all operating
points of the emissions unit, the Administrator shall, at the time of
permit issuance:
(a) Establish default value(s) for determining compliance with the
PAL based on the highest potential emissions reasonably estimated at
such operating point(s); or
(b) Determine that operation of the emissions unit during operating
conditions when there is no correlation between monitored parameter(s)
and the PAL pollutant emissions is a violation of the PAL.
(ix) Re-validation. All data used to establish the PAL pollutant
must be re-validated through performance testing or other scientifically
valid means approved by the Administrator. Such testing must occur at
least once every 5 years after issuance of the PAL.
(13) Recordkeeping requirements. (i) The PAL permit shall require an
owner or operator to retain a copy of all records necessary to determine
compliance with any requirement of paragraph (aa) of this section and of
the PAL, including a determination of each emissions unit's 12-month
rolling total emissions, for 5 years from the date of such record.
(ii) The PAL permit shall require an owner or operator to retain a
copy of the following records for the duration of the PAL effective
period plus 5 years:
(a) A copy of the PAL permit application and any applications for
revisions to the PAL; and
(b) Each annual certification of compliance pursuant to title V and
the data relied on in certifying the compliance.
(14) Reporting and notification requirements. The owner or operator
shall submit semi-annual monitoring reports and prompt deviation reports
to the Administrator in accordance with the applicable title V operating
permit program. The reports shall meet the requirements in paragraphs
(aa)(14)(i) through (iii) of this section.
(i) Semi-annual report. The semi-annual report shall be submitted to
the Administrator within 30 days of the
[[Page 52]]
end of each reporting period. This report shall contain the information
required in paragraphs (aa)(14)(i)(a) through (g) of this section.
(a) The identification of owner and operator and the permit number.
(b) Total annual emissions (expressed on a mass-basis in tons per
year, or expressed in tons per year CO2e) based on a 12-month
rolling total for each month in the reporting period recorded pursuant
to paragraph (aa)(13)(i) of this section.
(c) All data relied upon, including, but not limited to, any Quality
Assurance or Quality Control data, in calculating the monthly and annual
PAL pollutant emissions.
(d) A list of any emissions units modified or added to the major
stationary source or GHG-only source during the preceding 6-month
period.
(e) The number, duration, and cause of any deviations or monitoring
malfunctions (other than the time associated with zero and span
calibration checks), and any corrective action taken.
(f) A notification of a shutdown of any monitoring system, whether
the shutdown was permanent or temporary, the reason for the shutdown,
the anticipated date that the monitoring system will be fully
operational or replaced with another monitoring system, and whether the
emissions unit monitored by the monitoring system continued to operate,
and the calculation of the emissions of the pollutant or the number
determined by method included in the permit, as provided by
(aa)(12)(vii).
(g) A signed statement by the responsible official (as defined by
the applicable title V operating permit program) certifying the truth,
accuracy, and completeness of the information provided in the report.
(ii) Deviation report. The major stationary source or GHG-only
source owner or operator shall promptly submit reports of any deviations
or exceedance of the PAL requirements, including periods where no
monitoring is available. A report submitted pursuant to
Sec. 70.6(a)(3)(iii)(B) of this chapter shall satisfy this reporting
requirement. The deviation reports shall be submitted within the time
limits prescribed by the applicable program implementing
Sec. 70.6(a)(3)(iii)(B) of this chapter. The reports shall contain the
following information:
(a) The identification of owner and operator and the permit number;
(b) The PAL requirement that experienced the deviation or that was
exceeded;
(c) Emissions resulting from the deviation or the exceedance; and
(d) A signed statement by the responsible official (as defined by
the applicable title V operating permit program) certifying the truth,
accuracy, and completeness of the information provided in the report.
(iii) Re-validation results. The owner or operator shall submit to
the Administrator the results of any re-validation test or method within
3 months after completion of such test or method.
(15) Transition requirements. (i) The Administrator may not issue a
PAL that does not comply with the requirements in paragraphs (aa)(1)
through (15) of this section after March 3, 2003.
(ii) The Administrator may supersede any PAL that was established
prior to March 3, 2003 with a PAL that complies with the requirements of
paragraphs (aa)(1) through (15) of this section.
(bb) If any provision of this section, or the application of such
provision to any person or circumstance, is held invalid, the remainder
of this section, or the application of such provision to persons or
circumstances other than those as to which it is held invalid, shall not
be affected thereby.
(cc) Without regard to other considerations, routine maintenance,
repair and replacement includes, but is not limited to, the replacement
of any component of a process unit with an identical or functionally
equivalent component(s), and maintenance and repair activities that are
part of the replacement activity, provided that all of the requirements
in paragraphs (cc)(1) through (3) of this section are met.
(1) Capital cost threshold for equipment replacement. (i) For an
electric utility steam generating unit, as defined in Sec. 52.21(b)(31),
the fixed capital cost of the replacement component(s) plus the cost of
any associated maintenance and repair activities that are part of the
replacement shall not exceed 20 percent
[[Page 53]]
of the replacement value of the process unit, at the time the equipment
is replaced. For a process unit that is not an electric utility steam
generating unit the fixed capital cost of the replacement component(s)
plus the cost of any associated maintenance and repair activities that
are part of the replacement shall not exceed 20 percent of the
replacement value of the process unit, at the time the equipment is
replaced.
(ii) In determining the replacement value of the process unit; and,
except as otherwise allowed under paragraph (cc)(1)(iii) of this
section, the owner or operator shall determine the replacement value of
the process unit on an estimate of the fixed capital cost of
constructing a new process unit, or on the current appraised value of
the process unit.
(iii) As an alternative to paragraph (cc)(1)(ii) of this section for
determining the replacement value of a process unit, an owner or
operator may choose to use insurance value (where the insurance value
covers only complete replacement), investment value adjusted for
inflation, or another accounting procedure if such procedure is based on
Generally Accepted Accounting Principles, provided that the owner or
operator sends a notice to the reviewing authority. The first time that
an owner or operator submits such a notice for a particular process
unit, the notice may be submitted at any time, but any subsequent notice
for that process unit may be submitted only at the beginning of the
process unit's fiscal year. Unless the owner or operator submits a
notice to the reviewing authority, then paragraph (cc)(1)(ii) of this
section will be used to establish the replacement value of the process
unit. Once the owner or operator submits a notice to use an alternative
accounting procedure, the owner or operator must continue to use that
procedure for the entire fiscal year for that process unit. In
subsequent fiscal years, the owner or operator must continue to use this
selected procedure unless and until the owner or operator sends another
notice to the reviewing authority selecting another procedure consistent
with this paragraph or paragraph (cc)(1)(ii) of this section at the
beginning of such fiscal year.
(2) Basic design parameters. The replacement does not change the
basic design parameter(s) of the process unit to which the activity
pertains.
(i) Except as provided in paragraph (cc)(2)(iii) of this section,
for a process unit at a steam electric generating facility, the owner or
operator may select as its basic design parameters either maximum hourly
heat input and maximum hourly fuel consumption rate or maximum hourly
electric output rate and maximum steam flow rate. When establishing fuel
consumption specifications in terms of weight or volume, the minimum
fuel quality based on British Thermal Units content shall be used for
determining the basic design parameter(s) for a coal-fired electric
utility steam generating unit.
(ii) Except as provided in paragraph (cc)(2)(iii) of this section,
the basic design parameter(s) for any process unit that is not at a
steam electric generating facility are maximum rate of fuel or heat
input, maximum rate of material input, or maximum rate of product
output. Combustion process units will typically use maximum rate of fuel
input. For sources having multiple end products and raw materials, the
owner or operator should consider the primary product or primary raw
material when selecting a basic design parameter.
(iii) If the owner or operator believes the basic design
parameter(s) in paragraphs (cc)(2)(i) and (ii) of this section is not
appropriate for a specific industry or type of process unit, the owner
or operator may propose to the reviewing authority an alternative basic
design parameter(s) for the source's process unit(s). If the reviewing
authority approves of the use of an alternative basic design
parameter(s), the reviewing authority shall issue a permit that is
legally enforceable that records such basic design parameter(s) and
requires the owner or operator to comply with such parameter(s).
(iv) The owner or operator shall use credible information, such as
results of historic maximum capability tests, design information from
the manufacturer, or engineering calculations, in
[[Page 54]]
establishing the magnitude of the basic design parameter(s) specified in
paragraphs (cc)(2)(i) and (ii) of this section.
(v) If design information is not available for a process unit, then
the owner or operator shall determine the process unit's basic design
parameter(s) using the maximum value achieved by the process unit in the
five-year period immediately preceding the planned activity.
(vi) Efficiency of a process unit is not a basic design parameter.
(3) The replacement activity shall not cause the process unit to
exceed any emission limitation, or operational limitation that has the
effect of constraining emissions, that applies to the process unit and
that is legally enforceable.
Note to paragraph (cc):
By a court order on December 24, 2003, this paragraph (cc) is stayed
indefinitely. The stayed provisions will become effective immediately if
the court terminates the stay. At that time, EPA will publish a document
in the Federal Register advising the public of the termination of the
stay.
[43 FR 26403, June 19, 1978]
Editorial Note: For Federal Register citations affecting Sec. 52.21,
see the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and at www.fdsys.gov.
Effective Date Note: At 76 FR 17556, Mar. 30, 2011,
Sec. 52.21(b)(2)(v) and (b)(3)(iii)(c) were stayed indefinitely.
Sec. 52.22 Enforceable commitments for further actions addressing
the pollutant greenhouse gases (GHGs).
(a) Definitions. (1) Greenhouse Gases (GHGs) means the air pollutant
as defined in Sec. 86.1818-12(a) of this chapter as the aggregate group
of six greenhouse gases: Carbon dioxide, nitrous oxide, methane,
hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
(2) All other terms used in this section shall have the meaning
given in Sec. 52.21.
(b) Further action to regulate GHGs under the PSD program.
(1) Near term action on GHGs. The Administrator shall solicit
comment, under section 307(b) of the Act, on promulgating lower GHGs
thresholds for PSD applicability. Such action shall be finalized by July
1, 2012 and become effective July 1, 2013.
(2) Further study and action on GHGs.
(i) No later than April 30, 2015 the Administrator shall complete a
study projecting the administrative burdens that remain with respect to
stationary sources for which GHGs do not constitute a regulated NSR
pollutant. Such study shall account, among other things, for permitting
authorities ability to secure resources, hire and train staff;
experiences associated with GHG permitting for new types of sources and
technologies; and, the success of streamlining measures developed by EPA
(and adopted by the states) for reducing the permitting burden
associated with such stationary sources.
(ii) Based on the results of the study described in paragraph
(b)(2)(i) of this section, the Administrator shall propose a rule
addressing the permitting obligations of such stationary sources under
Sec. 52.21 and Sec. 51.166 of this chapter. The Administrator shall take
final action on such a rule no later than April 30, 2016.
(iii) Before completing the rule described in paragraph (b)(2)(ii)
of this section, the Administrator shall take no action to make the
pollutant GHGs subject to regulation at stationary sources that emit or
have the potential to emit less than 50,000 tpy CO2e, or for
physical changes or changes in the method of operations at stationary
sources that result in an emissions increase of less than 50,000 tpy
CO2e (as determined using the methodology described in
Sec. 52.21(b)(49)(ii).)
[75 FR 31607, June 3, 2010]
Sec. 52.23 Violation and enforcement.
Failure to comply with any provisions of this part, or with any
approved regulatory provision of a State implementation plan, or with
any permit condition or permit denial issued pursuant to approved or
promulgated regulations for the review of new or modified stationary or
indirect sources, or with any permit limitation or condition contained
within an operating permit issued under an EPA-approved program that is
incorporated into the State implementation plan, shall render the person
or governmental entity so failing to comply in violation of
[[Page 55]]
a requirement of an applicable implementation plan and subject to
enforcement action under section 113 of the Clean Air Act. With regard
to compliance schedules, a person or Governmental entity will be
considered to have failed to comply with the requirements of this part
if it fails to timely submit any required compliance schedule, if the
compliance schedule when submitted does not contain each of the elements
it is required to contain, or if the person or Governmental entity fails
to comply with such schedule.
[39 FR 33512, Sept. 18, 1974, as amended at 54 FR 27285, June 28, 1989]
Sec. 52.24 Statutory restriction on new sources.
(a) Any area designated nonattainment pursuant to section 107(d) of
the Act to which, immediately prior to the enactment of the Amendments
to the Act of 1990 (November 15, 1990), a prohibition of construction or
modification of major stationary sources was applied, shall retain that
prohibition if such prohibition was applied by virtue of a finding of
the Administrator that the State containing such an area:
(1) Failed to submit an implementation plan meeting the requirements
of an approvable new source review permitting program; or
(2) Failed to submit an implementation plan that provided for timely
attainment of the national ambient air quality standard for sulfur
dioxide by December 31, 1982. This prohibition shall apply until the
Administrator approves a plan for such area as meeting the applicable
requirements of part D of title I of the Act as amended (NSR permitting
requirements) or subpart 5 of part D of title I of the Act as amended
(relating to attainment of the national ambient air quality standards
for sulfur dioxide), as applicable.
(b) Permits to construct and operate as required by permit programs
under section 172(c)(5) of the Act may not be issued for new or modified
major stationary sources proposing to locate in nonattainment areas or
areas in a transport region where the Administrator has determined that
the applicable implementation plan is not being adequately implemented
for the nonattainment area or transport region in which the proposed
source is to be constructed or modified in accordance with the
requirements of part D of title I of the Act.
(c) Whenever, on the basis of any information, the Administrator
finds that a State is not in compliance with any requirement or
prohibition of the Act relating to the construction of new sources or
the modification of existing sources, the Administrator may issue an
order under section 113(a)(5) of the Act prohibiting the construction or
modification of any major stationary source in any area to which such
requirement applies.
(d) The restrictions in paragraphs (a) and (b) of this section apply
only to major stationary sources of emissions that cause or contribute
to concentrations of the pollutant (or precursors, as applicable) for
which the transport region or nonattainment area was designated such,
and for which the applicable implementation plan is not being carried
out in accordance with, or does not meet, the requirements of part D of
title I of the Act.
(e) For any transport region or any area designated as nonattainment
for any national ambient air quality standard, the restrictions in
paragraphs (a) and (b) of this section shall apply to any major
stationary source or major modification that would be major for the
pollutant (or precursors, where applicable) for which the area is
designated nonattainment or a transport region, if the stationary source
or major modification would be constructed anywhere in the designated
nonattainment area or transport region.
(f) The provisions in Sec. 51.165 of this chapter shall apply in
interpreting the terms under this section.
(g) At such time that a particular source or modification becomes a
major stationary source or major modification solely by virtue of a
relaxation in any enforceable limitation which was established after
August 7, 1980, on the capacity of the source or modification otherwise
to emit a pollutant, such as a restriction on hours of operation, then:
(1) If the construction moratorium imposed pursuant to this section
is still in effect for the nonattainment
[[Page 56]]
area or transport region in which the source or modification is located,
then the permit may not be so revised; or
(2) If the construction moratorium is no longer in effect in that
area, then the requirements of Sec. 51.165 of this chapter shall apply
to the source or modification as though construction had not yet
commenced on the source or modification.
(h) This section does not apply to major stationary sources or major
modifications locating in a clearly defined part of a nonattainment area
or transport region (such as a political subdivision of a State), where
EPA finds that a plan which meets the requirements of part D of title I
of the Act is in effect and is being implemented in that part.
(i)-(j) [Reserved]
(k) For an area designated as nonattainment after July 1, 1979, the
Emission Offset Interpretative Ruling, 40 CFR part 51, appendix S shall
govern permits to construct and operate applied for during the period
between the date of designation as nonattainment and the date the NSR
permit program meeting the requirements of part D is approved. The
Emission Offset Interpretative Ruling, 40 CFR part 51, appendix S, shall
also govern permits to construct and operate applied for in any area
designated under section 107(d) of the CAA as attainment or
unclassifiable for ozone that is located in an ozone transport region
prior to the date the NSR permitting program meeting the requirements of
part D is approved.
[70 FR 71704, Nov. 29, 2005]
Editorial Note: For Federal Register citations affecting Sec. 52.24,
see the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and at www.fdsys.gov.
Sec. 52.26 Visibility monitoring strategy.
(a) Plan Disapprovals. The provisions of this section are applicable
to any State implementation plan which has been disapproved with respect
to visibility monitoring. Specific disapprovals are listed where
applicable in Subparts B through DD of this part. The provisions of this
section have been incorporated by reference into the applicable
implementation plan for various States, as provided in Subparts B
through DDD of this part.
(b) Definitions. For the purposes of this section:
(1) Visibility protection area means any area listed in 40 CFR
81.401-81.436 (1984).
(2) All other terms shall have the meaning ascribed to them in the
Clean Air Act, or in the protection of visibility program (40 CFR
51.301), all as in effect on July 12, 1985.
(c) Monitoring Requirements. (1) The Administrator, in cooperation
with the appropriate Federal land manager, shall monitor visibility
within each visibility protection area in any State whose State
implementation plan is subject to a disapproval for failure to satisfy
40 CFR 51.305 (1984).
(2) The Administrator, in monitoring visibility within each such
area, shall determine both background visibility conditions and
reasonably attributable visibility impairment caused by a source or
small group of sources for that area. The extent and the form of
monitoring shall be sufficient for use in determining the potential
effects of a new stationary source on visibility in the area, the
stationary source or sources that are causing any visibility impairment,
and progress toward remedying that impairment.
(3) The Administrator shall use the following as appropriate to
monitor visibility within each such area: (i) photographic cameras, (ii)
fine particulate matter samplers, (iii) teleradiometers, (iv)
nephelometers, (v) human observation, or (vi) other appropriate
technology.
(4) The Administrator, in cooperation with the Federal land
managers, shall prepare monitoring plans that describe, to the maximum
extent practicable, the methods and instruments of data collection, the
monitoring locations and frequencies, the implementation schedule, the
quality assurance procedures, and the methods of data reporting that the
Administrator will use for each area. The Administrator shall make these
plans available to the public.
(5) The Administrator shall establish a central repository of
monitoring data that includes any data on background
[[Page 57]]
visibility conditions and reasonably attributable impairment that the
Administrator collects under this section and that the Federal land
manager may collect or may have collected independently. These data
shall be available to any person, subject to reasonable charges for
copying.
(d) Monitoring Plan Revision. (1) The Administrator shall review the
monitoring plan annually for each visibility protection area, revise it
as necessary, and include an assessment of changes to visibility
conditions since the last review. The Administrator shall make all plan
revisions available to the public.
(2) Any person may make a request to the Administrator, at any time,
for a revision to a monitoring plan. The Administrator shall respond to
any such request within one year.
(e) Delegation. The Administrator may delegate, with respect to a
particular visibility protection area, any of his functions under this
section to any State or local air pollution control agency of any State
whose boundaries encompass that area or to any Federal land manager with
jurisdiction over the area.
[50 FR 28550, July 12, 1985]
Sec. 52.27 Protection of visibility from sources in attainment areas.
(a) Plan disapproval. The provisions of this section are applicable
to any State implementation plan which has been disapproved with respect
to protection of visibility, in mandatory Class I Federal areas, from
sources emitting pollutants in any portion of any State where the
existing air quality is better than the national ambient air quality
standards for such pollutants, and where a State PSD program has been
approved as part of the applicable SIP pursuant to 40 CFR 51.24.
Specific disapprovals are listed where applicable in Subparts B through
DDD of this part. The provisions of this section have been incorporated
by reference into the applicable implementation plans for various
States, as provided in Subparts B through DDD of this part.
(b) Definitions. For purposes of this section, all terms shall have
the meaning ascribed to them in the Clean Air Act, in the prevention of
significant deterioration (PSD) program approved as part of the
applicable SIP pursuant to 40 CFR 51.24 for the State, or in the
protection of visibility program (40 CFR 51.301), all as in effect on
July 12, 1985.
(c) Federal visibility analysis. Any person shall have the right, in
connection with any application for a permit to construct a major
stationary source or major modification, to request that the
administrator take responsibility from the State for conducting the
required review of a proposed source's impact on visibility in any
Federal Class I area. If requested, the Administrator shall take such
responsibility and conduct such review pursuant to paragraphs (e), (f)
and (g) of this section in any case where the State fails to provide all
of the procedural steps listed in paragraph (d) of this section. A
request pursuant to this paragraph must be made within 60 days of the
notice soliciting public comment on a permit, unless such notice is not
properly given. The Administrator will not entertain requests
challenging the substance of any State action concerning visibility
where the State has provided all of the procedural steps listed in
paragraph (d) of this section.
(d) Procedural steps in visibility review. (1) The reviewing
authority must provide written notification to all affected Federal land
managers of any permit application for any proposed new major stationary
source or major modification that may affect visibility in any Federal
Class I area. Such notification shall include a copy of all information
relevant to the permit application and shall be given within 30 days of
receipt and at least 60 days prior to any public hearing on the
application for a permit to construct. Such notification shall include
the proposed source's anticipated impacts on visibility in any Federal
Class I area as provided by the applicant. Notification must also be
given to all affected Federal land managers within 30 days of receipt of
any advance notification of any such permit application.
(2) The reviewing authority must consider any analysis performed by
the Federal land managers, provided within 30 days of the notification
required by paragraph (d)(1) of this section, that
[[Page 58]]
shows that such proposed new major stationary source or major
modification may have:
(i) An adverse impact on visibility in any Federal Class I area, or
(ii) An adverse impact on visibility in an integral vista codified
in part 81 of this title.
(3) Where the reviewing authority finds that such an analysis does
not demonstrate that the effect in paragraphs (d)(2) (i) or (ii) of this
section will occur, either an explanation of its decision or
notification as to where the explanation can be obtained must be
included in the notice of public hearing.
(4) Where the reviewing authority finds that such an analysis does
demonstrate that the effect in paragraph (d)(2)(i) of this section will
occur, the permit shall not be issued.
(5) Where the reviewing authority finds that such an analysis does
demonstrate that the effect in paragraph (d)(2)(ii) of this section will
occur, the reviewing authority may issue a permit if the emissions from
the source or modification will be consistent with reasonable progress
toward the national goal. In making this decision, the reviewing
authority may take into account the costs of compliance, the time
necessary for compliance, the energy and nonair quality environmental
impacts of compliance, and the useful life of the source.
(e) Federal land manager notification. The Administrator shall
provide all of the procedural steps listed in paragraph (d) of this
section in conducting reviews pursuant to this section.
(f) Monitoring. The Administrator may require monitoring of
visibility in any Federal Class I area near the proposed new stationary
source or major modification for such purposes and by such means as the
Administrator deems necessary and appropriate.
(g) Public participation. The Administrator shall follow the
applicable procedures at 40 CFR part 124 in conducting reviews under
this section. The Administrator shall follow the procedures at 40 CFR
52.21(q) as in effect on August 7, 1980, to the extent that the
procedures of 40 CFR part 124 do not apply.
(h) Federal permit. In any case where the Administrator has made a
finding that a State consistently fails or is unable to provide the
procedural steps listed in paragraph (d) of this section, the
Administrator shall require all prospective permit applicants in such
State to apply directly to the Administrator, and the Administrator
shall conduct a visibility review pursuant to this section for all
permit applications.
[50 FR 28551, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]
Sec. 52.28 Protection of visibility from sources in nonattainment
areas.
(a) Plan disapproval. The provisions of this section are applicable
to any State implementation plan which has been disapproved with respect
to protection of visibility, in mandatory Class I Federal areas where
visibility is considered an important value, from sources emitting
pollutants in any portion of any State where the existing air quality is
not in compliance with the national ambient air quality standards for
such pollutants. Specific disapprovals are listed where applicable in
Subparts B through DDD of this part. The provisions of this section have
been incorporated into the applicable implementation plans for various
States, as provided in Subparts B through DDD of this part.
(b) Definitions. For the purposes of this section:
(1) Visibility protection area means any area listed in 40 CFR
81.401-81.436 (1984).
(2) All other terms shall have the meaning ascribed to them in the
protection of visibility program (40 CFR 51.301) or the prevention of
significant deterioration (PSD) program either approved as part of the
applicable SIP pursuant to 40 CFR 51.24 or in effect for the applicable
SIP pursuant to 40 CFR 52.21, all as in effect on July 12, 1985.
(c) Review of major stationary sources and major modifications--
source applicability and exemptions. (1) No stationary source or
modification to which the requirements of this section apply shall begin
actual construction without a permit which states that the stationary
source or modification would meet those requirements. The Administrator
has sole authority to issue any such permit unless the authority has
[[Page 59]]
been delegated pursuant to paragraph (i) of this section.
(2) The requirements of this section shall apply to construction of
any new major stationary source or major modification that would both be
constructed in an area classified as nonattainment under section
107(d)(1)(A), (B) or (C) of the Clean Air Act and potentially have an
impact on visibility in any visibility protection area.
(3) The requirements of this section shall apply to any such major
stationary source and any such major modification with respect to each
pollutant subject to regulation under the Clean Air Act that it would
emit, except as this section otherwise provides.
(4) The requirements of this section shall not apply to a particular
major stationary source or major modification, if:
(i) The source or modification would be a nonprofit health or
nonprofit educational institution, or a major modification would occur
at such an institution, and the governor of the State in which the
source or modification would be located requests that it be exempt from
those requirements; or
(ii) The source or modification would be a major stationary source
or major modification only if fugitive emissions, to the extent
quantifiable, are considered in calculating the potential to emit of the
stationary source or modification and the source does not belong to any
of the following categories:
(A) Coal cleaning plants (with thermal dryers);
(B) Kraft pulp mills;
(C) Portland cement plants;
(D) Primary zinc smelters;
(E) Iron and steel mills;
(F) Primary aluminum ore reduction plants;
(G) Primary copper smelters;
(H) Municipal incinerators capable of charging more than 250 tons of
refuse per day;
(I) Hydrofluoric, sulfuric, or nitric acid plants;
(J) Petroleum refineries;
(K) Lime plants;
(L) Phosphate rock processing plants;
(M) Coke oven batteries;
(N) Sulfur recovery plants;
(O) Carbon black plants (furnace process);
(P) Primary lead smelters;
(Q) Fuel conversion plants;
(R) Sintering plants;
(S) Secondary metal production plants;
(T) Chemical process plants;
(U) Fossil-fuel boiler (or combination thereof) totaling more than
250 million British thermal units per hour heat input;
(V) Petroleum storage and transfer units with a total storage
capacity exceeding 300,000 barrels;
(W) Taconite ore processing plants;
(X) Glass fiber processing plants;
(Y) Charcoal production plants;
(Z) Fossil fuel-fired steam electric plants of more than 250 million
British thermal units per hour heat input;
(AA) Any other stationary source category which, as of August 7,
1980, is being regulated under section 111 or 112 of the Act; or
(iii) The source is a portable stationary source which has
previously received a permit under this section, and
(A) The owner or operator proposes to relocate the source and
emissions of the source at the new location would be temporary; and
(B) The emissions from the source would not exceed its allowable
emissions; and
(C) The emissions from the source would impact no Class I area and
no area where an applicable increment is known to be violated; and
(D) Reasonable notice is given to the Administrator, prior to the
relocation, identifying the proposed new location and the probable
duration of operation at the new location. Such notice shall be given to
the Administrator not less than 10 days in advance of the proposed
relocation, unless a different time duration is previously approved by
the Administrator.
(5) The requirements of this section shall not apply to a major
stationary source or major modification with respect to a particular
pollutant if the owner or operator demonstrates that, as to that
pollutant, the source or modification is located in an area designated
as attainment under section 107 of the Clean Air Act.
(6) The requirements of this section shall not apply to a major
stationary
[[Page 60]]
source or major modification with respect to a particular pollutant, if
the allowable emissions of that pollutant from the source, or the net
emissions increase of that pollutant from the modification:
(i) Would impact no Class I area and no area where an applicable
increment is known to be violated, and
(ii) Would be temporary.
(d) Visibility Impact Analyses. The owner or operator of a source
shall provide an analysis of the impairment to visibility that would
occur as a result of the source or modification and general commercial,
residential, industrial and other growth associated with the source or
modification.
(e) Federal land manager notification. (1) The Federal land manager
and the Federal official charged with direct responsibility for
management of Federal Class I areas have an affirmative responsibility
to protect the air quality related values (including visibility) of such
lands and to consider, in consultation with the Administrator, whether a
proposed source or modification will have an adverse impact on such
values.
(2) The Administrator shall provide written notification to all
affected Federal land managers of any permit application for any
proposed new major stationary source or major modification that may
affect visibility in any visibility protection area. The Administrator
shall also provide for such notification to the Federal official charged
with direct responsibility for management of any lands within any such
area. Such notification shall include a copy of all information relevant
to the permit application and shall be given within 30 days of receipt
and at least 60 days prior to any public hearing on the application for
a permit to construct. Such notification shall include an analysis of
the proposed source's anticipated impacts on visibility in any
visibility protection area. The Administrator shall also notify all
affected FLM's within 30 days of receipt of any advance notification of
any such permit application.
(3) The Administrator shall consider any analysis performed by the
Federal land manager, provided within 30 days of the notification
required by paragraph (e)(2) of this section, that such proposed new
major stationary source or major modification may have an adverse impact
on visibility in any visibility protection area. Where the Administrator
finds that such an analysis does not demonstrate to the satisfaction of
the Administrator that an adverse impact on visibility will result in
the visibility protection area, the Administrator must, in the notice of
public hearing, either explain his decision or give notice as to where
the explanation can be obtained.
(f) Public participation. The Administrator shall follow the
applicable procedures of 40 CFR part 124 in processing applications
under this section. The Administrator shall follow the procedures at 40
CFR 52.21(q) as in effect on August 7, 1980, to the extent that the
procedures of 40 CFR part 124 do not apply.
(g) National visibility goal. The Administrator shall only issue
permits to those sources whose emissions will be consistent with making
reasonable progress toward the national goal of preventing any future,
and remedying any existing, impairment of visibility in visibility
protection areas which impairment results from man-made air pollution.
In making the decision to issue a permit, the Administrator may take
into account the costs of compliance, the time necessary for compliance,
the energy and nonair quality environmental impacts of compliance, and
the useful life of the source.
(h) Monitoring. The Administrator may require monitoring of
visibility in any visibility protection area near the proposed new
stationary source or major modification for such purposes and by such
means as the Administrator deems necessary and appropriate.
(i) Delegation of authority. (1) The Administrator shall have the
authority to delegate the responsibility for conducting source review
pursuant to this section to any agency in accordance with paragraphs
(i)(2) and (3) of this section.
(2) Where the Administrator delegates the responsibility for
conducting source review under this section to any agency other than a
Regional Office of the Environmental Protection Agency, the following
provisions shall apply:
[[Page 61]]
(i) Where the delegate agency is not an air pollution control agency
it shall consult with the appropriate State and local air pollution
control agency prior to making any determination under this section.
Similarly, where the delegate agency does not have continuing
responsibility for managing land use, it shall consult with the
appropriate State and local agency primarily responsible for managing
land use prior to making any determination under this section.
(ii) The delegate agency shall submit a copy of any public comment
notice required under paragraph (f) of this section to the Administrator
through the appropriate Regional Office.
(3) The Administrator's authority for reviewing a source or
modification located on an Indian Reservation shall not be redelegated
other than to a Regional Office of the Environmental Protection Agency,
except where the State has assumed jurisdiction over such land under
other laws. Where the State has assumed such jurisdiction, the
Administrator may delegate his authority to the States in accordance
with paragraph (i)(2) of this section.
[50 FR 28551, July 12, 1985]
Sec. 52.29 Visibility long-term strategies.
(a) Plan disapprovals. The provisions of this section are applicable
to any State implementation plan which has been disapproved for not
meeting the requirements of 40 CFR 51.306 regarding the development,
periodic review, and revision of visibility long-term strategies.
Specific disapprovals are listed where applicable in Subparts B through
DDD of this part. The provisions of this section have been incorporated
into the applicable implementation plan for various States, as provided
in Subparts B through DDD of this part.
(b) Definitions. For the purposes of this section, all terms shall
have the meaning as ascribed to them in the Clean Air Act, or in the
protection of visibility program (40 CFR 51.301).
(c) Long-term strategy. (1) A long-term strategy is a 10- to 15-year
plan for making reasonable progress toward the national goal specified
in Sec. 51.300(a). This strategy will cover any existing impairment
certified by the Federal land manager and any integral vista which has
been identified according to Sec. 51.304.
(2) The Administrator shall review, and revise if appropriate, the
long-term strategies developed for each visibility protection area. The
review and revisions will be completed no less frequently than every 3
years from November 24, 1987.
(3) During the long-term strategy review process, the Administrator
shall consult with the Federal land managers responsible for the
appropriate mandatory Class I Federal areas, and will coordinate long-
term strategy development for an area with existing plans and goals,
including those provided by the Federal land managers.
(4) The Administrator shall prepare a report on any progress made
toward the national visibility goal since the last long-term strategy
revisions. A report will be made available to the public not less
frequently than 3 years from November 24, 1987. This report must include
an assessment of:
(i) The progress achieved in remedying existing impairment of
visibility in any mandatory Class I Federal area;
(ii) The ability of the long-term strategy to prevent future
impairment of visibility in any mandatory Class I Federal area;
(iii) Any change in visibility since the last such report, or in the
case of the first report, since plan approval;
(iv) Additional measures, including the need for SIP revisions, that
may be necessary to assure reasonable progress toward the national
visibility goal;
(v) The progress achieved in implementing best available retrofit
technology (BART) and meeting other schedules set forth in the long-term
strategy;
(vi) The impact of any exemption granted under Sec. 51.303;
(vii) The need for BART to remedy existing visibility impairment of
any integral vista identified pursuant to Sec. 51.304.
(d) Delegation of authority. The Administrator may delegate with
respect to a particular visibility protection area any of his functions
under this
[[Page 62]]
section, except the making of regulations, to any State or local air
pollution control agency of any State whose boundaries encompass that
area.
[52 FR 45137, Nov. 24, 1987]
Sec. 52.30 Criteria for limiting application of sanctions under
section 110(m) of the Clean Air Act on a statewide basis.
(a) Definitions. For the purpose of this section:
(1) The term ``political subdivision'' refers to the representative
body that is responsible for adopting and/or implementing air pollution
controls for one, or any combination of one or more of the following:
city, town, borough, county, parish, district, or any other geographical
subdivision created by, or pursuant to, Federal or State law. This will
include any agency designated under section 174, 42 U.S.C. 7504, by the
State to carry out the air planning responsibilities under part D.
(2) The term ``required activity'' means the submission of a plan or
plan item, or the implementation of a plan or plan item.
(3) The term ``deficiency'' means the failure to perform a required
activity as defined in paragraph (a)(2) of this section.
(4) For purposes of Sec. 52.30, the terms ``plan'' or ``plan item''
mean an implementation plan or portion of an implementation plan or
action needed to prepare such plan required by the Clean Air Act, as
amended in 1990, or in response to a SIP call issued pursuant to section
110(k)(5) of the Act.
(b) Sanctions. During the 24 months after a finding, determination,
or disapproval under section 179(a) of the Clean Air Act is made, EPA
will not impose sanctions under section 110(m) of the Act on a statewide
basis if the Administrator finds that one or more political subdivisions
of the State are principally responsible for the deficiency on which the
finding, disapproval, or determination as provided under section
179(a)(1) through (4) is based.
(c) Criteria. For the purposes of this provision, EPA will consider
a political subdivision to be principally responsible for the deficiency
on which a section 179(a) finding is based, if all five of the following
criteria are met.
(1) The State has provided adequate legal authority to a political
subdivision to perform the required activity.
(2) The required activity is one which has traditionally been
performed by the local political subdivision, or the responsibility for
performing the required activity has been delegated to the political
subdivision.
(3) The State has provided adequate funding or authority to obtain
funding (when funding is necessary to carry out the required activity)
to the political subdivision to perform the required activity.
(4) The political subdivision has agreed to perform (and has not
revoked that agreement), or is required by State law to accept
responsibility for performing, the required activity.
(5) The political subdivision has failed to perform the required
activity.
(d) Imposition of sanctions. (1) If all of the criteria in paragraph
(c) of this section have been met through the action or inaction of one
political subdivision, EPA will not impose sanctions on a statewide
basis.
(2) If not all of the criteria in paragraph (c) of this section have
been met through the action or inaction of one political subdivision,
EPA will determine the area for which it is reasonable and appropriate
to apply sanctions.
[59 FR 1484, Jan. 11, 1994]
Sec. 52.31 Selection of sequence of mandatory sanctions for findings
made pursuant to section 179 of the Clean Air Act.
(a) Purpose. The purpose of this section is to implement 42 U.S.C.
7509(a) of the Act, with respect to the sequence in which sanctions will
automatically apply under 42 U.S.C. 7509(b), following a finding made by
the Administrator pursuant to 42 U.S.C. 7509(a).
(b) Definitions. All terms used in this section, but not
specifically defined herein, shall have the meaning given them in
Sec. 52.01.
(1) 1990 Amendments means the 1990 Amendments to the Clean Air Act
(Pub. L. No. 101-549, 104 Stat. 2399).
[[Page 63]]
(2) Act means Clean Air Act, as amended in 1990 (42 U.S.C. 7401 et
seq. (1991)).
(3) Affected area means the geographic area subject to or covered by
the Act requirement that is the subject of the finding and either, for
purposes of the offset sanction under paragraph (e)(1) of this section
and the highway sanction under paragraph (e)(2) of this section, is or
is within an area designated nonattainment under 42 U.S.C. 7407(d) or,
for purposes of the offset sanction under paragraph (e)(1) of this
section, is or is within an area otherwise subject to the emission
offset requirements of 42 U.S.C. 7503.
(4) Criteria pollutant means a pollutant for which the Administrator
has promulgated a national ambient air quality standard pursuant to 42
U.S.C. 7409 (i.e., ozone, lead, sulfur dioxide, particulate matter,
carbon monoxide, nitrogen dioxide).
(5) Findings or Finding refer(s) to one or more of the findings,
disapprovals, and determinations described in subsection 52.31 (c).
(6) NAAQS means national ambient air quality standard the
Administrator has promulgated pursuant to 42 U.S.C. 7409.
(7) Ozone precursors mean nitrogen oxides (NOX) and
volatile organic compounds (VOC).
(8) Part D means part D of title I of the Act.
(9) Part D SIP or SIP revision or plan means a State implementation
plan or plan revision that States are required to submit or revise
pursuant to part D.
(10) Precursor means pollutant which is transformed in the
atmosphere (later in time and space from point of emission) to form (or
contribute to the formation of) a criteria pollutant.
(c) Applicability. This section shall apply to any State in which an
affected area is located and for which the Administrator has made one of
the following findings, with respect to any part D SIP or SIP revision
required under the Act:
(1) A finding that a State has failed, for an area designated
nonattainment under 42 U.S.C. 7407(d), to submit a plan, or to submit
one or more of the elements (as determined by the Administrator)
required by the provisions of the Act applicable to such an area, or has
failed to make a submission for such an area that satisfies the minimum
criteria established in relation to any such element under 42 U.S.C.
7410(k);
(2) A disapproval of a submission under 42 U.S.C. 7410(k), for an
area designated nonattainment under 42 U.S.C. 7407(d), based on the
submission's failure to meet one or more of the elements required by the
provisions of the Act applicable to such an area;
(3)(i) A determination that a State has failed to make any
submission required under the Act, other than one described under
paragraph (c)(1) or (c)(2) of this section, including an adequate
maintenance plan, or has failed to make any submission, required under
the Act, other than one described under paragraph (c)(1) or (c)(2) of
this section, that satisfies the minimum criteria established in
relation to such submission under 42 U.S.C. 7410(k)(1)(A); or
(ii) A disapproval in whole or in part of a submission described
under paragraph (c)(3)(i) of this section; or
(4) A finding that any requirement of an approved plan (or approved
part of a plan) is not being implemented.
(d) Sanction application sequencing. (1) To implement 42 U.S.C.
7509(a), the offset sanction under paragraph (e)(1) of this section
shall apply in an affected area 18 months from the date when the
Administrator makes a finding under paragraph (c) of this section unless
the Administrator affirmatively determines that the deficiency forming
the basis of the finding has been corrected. To further implement 42
U.S.C. 7509(a), the highway sanction under paragraph (e)(2) of this
section shall apply in an affected area 6 months from the date the
offset sanction under paragraph (e)(1) of this section applies, unless
the Administrator affirmatively determines that the deficiency forming
the basis of the finding has been corrected. For the findings under
paragraphs (c)(2), (c)(3)(ii), and (c)(4) of this section, the date of
the finding shall be the effective date as defined in the final action
triggering the sanctions clock.
[[Page 64]]
(2)(i) Notwithstanding paragraph (d)(1) of this section, to further
implement 42 U.S.C. 7509(a), following the findings under paragraphs
(c)(2) and (c)(3)(ii) of this section, if the State has submitted a
revised plan to correct the deficiency prompting the finding and the
Administrator, prior to 18 months from the finding, has proposed to
fully or conditionally approve the revised plan and has issued an
interim final determination that the revised plan corrects the
deficiency prompting the finding, application of the offset sanction
under paragraph (e)(1) of this section shall be deferred unless and
until the Administrator proposes to or takes final action to disapprove
the plan in whole or in part. If the Administrator issues such a
proposed or final disapproval of the plan, the offset sanction under
paragraph (e)(1) of this section shall apply in the affected area on the
later of the date the Administrator issues such a proposed or final
disapproval, or 18 months following the finding that started the
sanctions clock. The highway sanction under paragraph (e)(2) of this
section shall apply in the affected area 6 months after the date the
offset sanction under paragraph (e)(1) of this section applies, unless
the Administrator determines that the deficiency forming the basis of
the finding has been corrected.
(ii) Notwithstanding paragraph (d)(1) of this section, to further
implement 42 U.S.C. 7509(a), following the findings under paragraphs
(c)(2) and (c)(3)(ii) of this section, if the State has submitted a
revised plan to correct the deficiency prompting the finding and after
18 but before 24 months from the finding the Administrator has proposed
to fully or conditionally approve the revised plan and has issued an
interim final determination that the revised plan corrects the
deficiency prompting the finding, application of the offset sanction
under paragraph (e)(1) of this section shall be stayed and application
of the highway sanction under paragraph (e)(2) of this section shall be
deferred unless and until the Administrator proposes to or takes final
action to disapprove the plan in whole or in part. If the Administrator
issues such a proposed or final disapproval of the plan, the offset
sanction under paragraph (e)(1) of this section shall reapply in the
affected area on the date the Administrator issues such a proposed or
final disapproval. The highway sanction under paragraph (e)(2) of this
section shall apply in the affected area on the later of 6 months from
the date the offset sanction under paragraph (e)(1) of this section
first applied in the affected area, unless the Administrator determines
that the deficiency forming the basis of the finding has been corrected,
or immediately if the proposed or final disapproval occurs more than 6
months after initial application of the offset sanction under paragraph
(e)(1) of this section.
(iii) Notwithstanding paragraph (d)(1) of this section, to further
implement 42 U.S.C. 7509(a), following the findings under paragraphs
(c)(2) and (c)(3)(ii) of this section, if the State has submitted a
revised plan to correct the deficiency prompting the finding and more
than 24 months after the finding the Administrator has proposed to fully
or conditionally approve the revised plan and has issued an interim
final determination that the revised plan corrects the deficiency
prompting the finding, application of the offset sanction under
paragraph (e)(1) of this section and application of the highway sanction
under paragraph (e)(2) of this section shall be stayed unless and until
the Administrator proposes to or takes final action to disapprove the
plan in whole or in part. If the Administrator issues such a proposed or
final disapproval, the offset sanction under paragraph (e)(1) of this
section and the highway sanction under paragraph (e)(2) of this section
shall reapply in the affected area on the date the Administrator issues
such proposed or final disapproval.
(3)(i) Notwithstanding paragraph (d)(1) of this section, to further
implement 42 U.S.C. 7509(a), following the findings under paragraphs
(c)(2) and (c)(3)(ii) of this section, if the State has submitted a
revised plan to correct the deficiency prompting the finding and the
Administrator, prior to 18 months from the finding, has conditionally-
approved the revised plan and has issued an interim final determination
that the revised plan corrects the deficiency prompting the finding,
application of the offset sanction under paragraph
[[Page 65]]
(e)(1) of this section shall be deferred unless and until the
conditional approval converts to a disapproval or the Administrator
proposes to or takes final action to disapprove in whole or in part the
revised SIP the State submits to fulfill the commitment in the
conditionally-approved plan. If the conditional approval so becomes a
disapproval or the Administrator issues such a proposed or final
disapproval, the offset sanction under paragraph (e)(1) of this section
shall apply in the affected area on the later of the date the approval
becomes a disapproval or the Administrator issues such a proposed or
final disapproval, whichever is applicable, or 18 months following the
finding that started the sanctions clock. The highway sanction under
paragraph (e)(2) of this section shall apply in the affected area 6
months after the date the offset sanction under paragraph (e)(1) of this
section applies, unless the Administrator determines that the deficiency
forming the basis of the finding has been corrected.
(ii) Notwithstanding paragraph (d)(1) of this section, to further
implement 42 U.S.C. 7509(a), following the findings under paragraphs
(c)(2) and (c)(3)(ii) of this section, if the State has submitted a
revised plan to correct the deficiency prompting the finding and after
18 but before 24 months from the finding the Administrator has
conditionally approved the revised plan and has issued an interim final
determination that the revised plan corrects the deficiency prompting
the finding, application of the offset sanction under paragraph (e)(1)
of this section shall be stayed and application of the highway sanction
under paragraph (e)(2) of this section shall be deferred unless and
until the conditional approval converts to a disapproval or the
Administrator proposes to or takes final action to disapprove in whole
or in part the revised SIP the State submits to fulfill the commitment
in the conditionally-approved plan. If the conditional approval so
becomes a disapproval or the Administrator issues such a proposed or
final disapproval, the offset sanction under paragraph (e)(1) of this
section shall reapply in the affected area on the date the approval
becomes a disapproval or the Administrator issues such a proposed or
final disapproval, whichever is applicable. The highway sanction under
paragraph (e)(2) of this section shall apply in the affected area on the
later of 6 months from the date the offset sanction under paragraph
(e)(1) of this section first applied in the affected area, unless the
Administrator determines that the deficiency forming the basis of the
finding has been corrected, or immediately if the conditional approval
becomes a disapproval or the Administrator issues such a proposed or
final disapproval, whichever is applicable, more than 6 months after
initial application of the offset sanction under paragraph (e)(1) of
this section.
(iii) Notwithstanding paragraph (d)(1) of this section, to further
implement 42 U.S.C. 7509(a), following the findings under paragraphs
(c)(2) and (c)(3)(ii) of this section, if the State has submitted a
revised plan to correct the deficiency prompting the finding and after
24 months from the finding the Administrator has conditionally approved
the revised plan and has issued an interim final determination that the
revised plan corrects the deficiency prompting the finding, application
of the offset sanction under paragraph (e)(1) of this section and
application of the highway sanction under paragraph (e)(2) of this
section shall be stayed unless and until the conditional approval
converts to a disapproval or the Administrator proposes to or takes
final action to disapprove in whole or in part the revised SIP the State
submits to fulfill its commitment in the conditionally-approved plan. If
the conditional approval so becomes a disapproval or the Administrator
issues such a proposed or final disapproval, the offset sanction under
paragraph (e)(1) of this section and the highway sanction under
paragraph (e)(2) of this section shall reapply in the affected area on
the date the conditional approval becomes a disapproval or the
Administrator issues such a proposed or final disapproval, whichever is
applicable.
(4)(i) Notwithstanding paragraph (d)(1) of this section, to further
implement 42 U.S.C. 7509(a), following findings under paragraph (c)(4)
of this section, if the Administrator, prior to 18 months from the
finding, has proposed to find that the State is implementing
[[Page 66]]
the approved plan and has issued an interim final determination that the
deficiency prompting the finding has been corrected, application of the
offset sanction under paragraph (e)(1) of this section shall be deferred
unless and until the Administrator preliminarily or finally determines,
through a proposed or final finding, that the State is not implementing
the approved plan and that, therefore, the State has not corrected the
deficiency. If the Administrator so preliminarily or finally determines
that the State has not corrected the deficiency, the offset sanction
under paragraph (e)(1) of this section shall apply in the affected area
on the later of the date the Administrator proposes to take action or
takes final action to find that the finding of nonimplementation has not
been corrected, or 18 months following the finding that started the
sanctions clock. The highway sanction under paragraph (e)(2) of this
section shall apply in the affected area 6 months after the date the
offset sanction under paragraph (e)(1) of this section first applies,
unless the Administrator preliminarily or finally determines that the
deficiency forming the basis of the finding has been corrected.
(ii) Notwithstanding paragraph (d)(1) of this section, to further
implement 42 U.S.C. 7509(a), following findings under paragraph (c)(4)
of this section, if after 18 months but before 24 months from the
finding the Administrator has proposed to find that the State is
implementing the approved plan and has issued an interim final
determination that the deficiency prompting the finding has been
corrected, application of the offset sanction under paragraph (e)(1) of
this section shall be stayed and application of the highway sanction
under paragraph (e)(2) of this section shall be deferred unless and
until the Administrator preliminarily or finally determines, through a
proposed or final finding, that the State is not implementing the
approved plan and that, therefore, the State has not corrected the
deficiency. If the Administrator so preliminarily or finally determines
that the State has not corrected the deficiency, the offset sanction
under paragraph (e)(1) of this section shall reapply in the affected
area on the date the Administrator proposes to take action or takes
final action to find that the finding of nonimplementation has not been
corrected. The highway sanction under paragraph (e)(2) of this section
shall apply in the affected area on the later of 6 months from the date
the offset sanction under paragraph (e)(1) of this section first applied
in the affected area, unless the Administrator preliminarily or finally
determines that the deficiency forming the basis of the finding has been
corrected, or immediately if EPA's proposed or final action finding the
deficiency has not been corrected occurs more than 6 months after
initial application of the offset sanction under paragraph (e)(1) of
this section.
(iii) Notwithstanding paragraph (d)(1) of this section, to further
implement 42 U.S.C. 7509(a), following findings under paragraph (c)(4)
of this section, if after 24 months from the finding the Administrator
has proposed to find that the State is implementing the approved plan
and has issued an interim final determination that the deficiency
prompting the finding has been corrected, application of the offset
sanction under paragraph (e)(1) of this section and the highway sanction
under paragraph (e)(2) of this section shall be stayed unless and until
the Administrator preliminarily or finally determines, through a
proposed or final finding, that the State is not implementing the
approved plan, and that, therefore, the State has not corrected the
deficiency. If the Administrator so preliminarily or finally determines
that the State has not corrected the deficiency, the offset sanction
under paragraph (e)(1) of this section and the highway sanction under
paragraph (e)(2) of this section shall reapply in the affected area on
the date the Administrator proposes to take action or takes final action
to find that the finding of nonimplementation has not been corrected.
(5) Any sanction clock started by a finding under paragraph (c) of
this section will be permanently stopped and sanctions applied, stayed
or deferred will be permanently lifted upon a final EPA finding that the
deficiency forming the basis of the finding has been corrected. For a
sanctions clock and
[[Page 67]]
applied sanctions based on a finding under paragraphs (c)(1) and
(c)(3)(i) of this section, a finding that the deficiency has been
corrected will occur by letter from the Administrator to the State
governor. For a sanctions clock or applied, stayed or deferred sanctions
based on a finding under paragraphs (c)(2) and (c)(3)(ii) of this
section, a finding that the deficiency has been corrected will occur
through a final notice in the Federal Register fully approving the
revised SIP. For a sanctions clock or applied, stayed or deferred
sanctions based on a finding under paragraph (c)(4) of this section, a
finding that the deficiency has been corrected will occur through a
final notice in the Federal Register finding that the State is
implementing the approved SIP.
(6) Notwithstanding paragraph (d)(1) of this section, nothing in
this section will prohibit the Administrator from determining through
notice-and-comment rulemaking that in specific circumstances the highway
sanction, rather than the offset sanction, shall apply 18 months after
the Administrator makes one of the findings under paragraph (c) of this
section, and that the offset sanction, rather than the highway sanction,
shall apply 6 months from the date the highway sanction applies.
(e) Available sanctions and method for implementation--(1) Offset
sanction. (i) As further set forth in paragraphs (e)(1)(ii)-(e)(1)(vi)
of this section, the State shall apply the emissions offset requirement
in the timeframe prescribed under paragraph (d) of this section on those
affected areas subject under paragraph (d) of this section to the offset
sanction. The State shall apply the emission offset requirements in
accordance with 42 U.S.C. 7503 and 7509(b)(2), at a ratio of at least
two units of emission reductions for each unit of increased emissions of
the pollutant(s) and its (their) precursors for which the finding(s)
under paragraph (c) of this section is (are) made. If the deficiency
prompting the finding under paragraph (c) of this section is not
specific to one or more particular pollutants and their precursors, the
2-to-1 ratio shall apply to all pollutants (and their precursors) for
which an affected area within the State listed in paragraph (e)(1)(i) of
this section is required to meet the offset requirements of 42 U.S.C.
7503.
(ii) Notwithstanding paragraph (e)(1)(i) of this section, when a
finding is made with respect to a requirement for the criteria pollutant
ozone or when the finding is not pollutant-specific, the State shall not
apply the emissions offset requirements at a ratio of at least 2-to-1
for emission reductions to increased emissions for nitrogen oxides
where, under 42 U.S.C. 7511a(f), the Administrator has approved an
NOX exemption for the affected area from the Act's new source
review requirements under 42 U.S.C. 7501-7515 for NOX or
where the affected area is not otherwise subject to the Act's new source
review requirements for emission offsets under 42 U.S.C. 7501-7515 for
NOX.
(iii) Notwithstanding paragraph (e)(1)(i) of this section, when a
finding under paragraph (c) of this section is made with respect to PM-
10, or the finding is not pollutant-specific, the State shall not apply
the emissions offset requirements, at a ratio of at least 2-to-1 for
emission reductions to increased emissions to PM-10 precursors if the
Administrator has determined under 42 U.S.C. 7513a(e) that major
stationary sources of PM-10 precursors do not contribute significantly
to PM-10 levels which exceed the NAAQS in the affected area.
(iv) For purposes of applying the emissions offset requirement set
forth in 42 U.S.C. 7503, at the 2-to-1 ratio required under this
section, the State shall comply with the provisions of a State-adopted
new source review (NSR) program that EPA has approved under 42 U.S.C.
7410(k)(3) as meeting the nonattainment area NSR requirements of 42
U.S.C. 7501-7515, as amended by the 1990 Amendments, or, if no plan has
been so approved, the State shall comply directly with the nonattainment
area NSR requirements specified in 42 U.S.C. 7501-7515, as amended by
the 1990 Amendments, or cease issuing permits to construct and operate
major new or modified sources as defined in those requirements. For
purposes of applying the offset requirement under 42 U.S.C. 7503 where
EPA has not fully approved
[[Page 68]]
a State's NSR program as meeting the requirements of part D, the
specifications of those provisions shall supersede any State requirement
that is less stringent or inconsistent.
(v) For purposes of applying the emissions offset requirement set
forth in 42 U.S.C. 7503, any permit required pursuant to 42 U.S.C. 7503
and issued on or after the date the offset sanction applies under
paragraph (d) of this section shall be subject to the enhanced 2-to-1
ratio under paragraph (e)(1)(i) of this section.
(2) Highway funding sanction. The highway sanction shall apply, as
provided in 42 U.S.C. 7509(b)(1), in the timeframe prescribed under
paragraph (d) of this section on those affected areas subject under
paragraph (d) of this section to the highway sanction, but shall apply
only to those portions of affected areas that are designated
nonattainment under 40 CFR part 81.
[59 FR 39859, Aug. 4, 1994]
Sec. 52.32 Sanctions following findings of SIP inadequacy.
For purposes of the SIP revisions required by Sec. 51.120, EPA may
make a finding under section 179(a) (1)-(4) of the Clean Air Act, 42
U.S.C. 7509(a) (1)-(4), starting the sanctions process set forth in
section 179(a) of the Clean Air Act. Any such finding will be deemed a
finding under Sec. 52.31(c) and sanctions will be imposed in accordance
with the order of sanctions and the terms for such sanctions established
in Sec. 52.31.
[60 FR 4737, Jan. 24, 1995]
Sec. 52.33 Compliance certifications.
(a) For the purpose of submitting compliance certifications, nothing
in this part or in a plan promulgated by the Administrator shall
preclude the use, including the exclusive use, of any credible evidence
or information, relevant to whether a source would have been in
compliance with applicable requirements if the appropriate performance
or compliance test had been performed.
(b) For all federal implementation plans, paragraph (a) of this
section is incorporated into the plan.
[62 FR 8328, Feb. 24, 1997]
Sec. 52.34 Action on petitions submitted under section 126 relating
to emissions of nitrogen oxides.
(a) Definitions. For purposes of this section, the following
definitions apply:
(1) Administrator means the Administrator of the United States
Environmental Protection Agency or the Administrator's duly authorized
representative.
(2) Large Electric Generating Units (large EGUs) means:
(i) For units that commenced operation before January 1, 1997, a
unit serving during 1995 or 1996 a generator that had a nameplate
capacity greater than 25 MWe and produced electricity for sale under a
firm contract to the electric grid.
(ii) For units that commenced operation on or after January 1, 1997
and before January 1, 1999, a unit serving at any time during 1997 or
1998 a generator that had a nameplate capacity greater than 25 MWe and
produced electricity for sale under a firm contract to the electric
grid.
(iii) For units that commence operation on or after January 1, 1999,
a unit serving at any time a generator that has a nameplate capacity
greater than 25 MWe and produces electricity for sale.
(3) Large Non-Electric Generating Units (large non-EGUs) means:
(i) For units that commenced operation before January 1, 1997, a
unit that has a maximum design heat input greater than 250 mmBtu/hr and
that did not serve during 1995 or 1996 a generator producing electricity
for sale under a firm contract to the electric grid.
(ii) For units that commenced operation on or after January 1, 1997
and before January 1, 1999, a unit that has a maximum design heat input
greater than 250 mmBtu/hr and that did not serve at any time during 1997
or 1998 a generator producing electricity for sale under a firm contract
to the electric grid.
(iii) For units that commence operation on or after January 1, 1999,
a unit with a maximum design heat input greater than 250 mmBtu/hr that:
(A) At no time serves a generator producing electricity for sale; or
[[Page 69]]
(B) At any time serves a generator producing electricity for sale,
if any such generator has a nameplate capacity of 25 MWe or less and has
the potential to use 50 percent or less of the potential electrical
output capacity of the unit.
(4) New sources means new and modified sources.
(5) NOX means oxides of nitrogen.
(6) OTAG means the Ozone Transport Assessment Group (active 1995-
1997), a national work group that addressed the problem of ground-level
ozone and the long-range transport of air pollution across the Eastern
United States. The OTAG was a partnership between EPA, the Environmental
Council of the States, and various industry and environmental groups.
(7) Ozone season means the period of time beginning May 1 of a year
and ending on September 30 of the same year, inclusive.
(8) Potential electrical output capacity means, with regard to a
unit, 33 percent of the maximum design heat input of the unit.
(9) Unit means a fossil-fuel fired stationary boiler, combustion
turbine, or combined cycle system.
(b) Purpose and applicability. Paragraphs (c), (e)(1) and (e)(2),
(g), and (h)(1) and (h)(2) of this section set forth the Administrator's
findings with respect to the 1-hour national ambient air quality
standard (NAAQS) for ozone that certain new and existing sources of
emissions of nitrogen oxides (``NOX'') in certain States emit
or would emit NOX in violation of the prohibition in section
110(a)(2)(D)(i) of the Clean Air Act (CAA) on emissions in amounts that
contribute significantly to nonattainment in certain States that
submitted petitions in 1997-1998 addressing such NOX
emissions under section 126 of the CAA. Paragraphs (d), (e)(3) and
(e)(4), (f), and (h)(3) and (h)(4) of this section set forth the
Administrator's affirmative technical determinations with respect to the
8-hour NAAQS for ozone that certain new and existing sources of
emissions of NOX in certain States emit or would emit
NOX in violation of the prohibition in section
110(a)(2)(D)(i) of the CAA on emissions in amounts that contribute
significantly to nonattainment in, or interfere with maintenance by,
certain States that submitted petitions in 1997-1998 addressing such
NOX emissions under section 126 of the CAA. (As used in this
section, the term new source includes modified sources, as well.)
Paragraph (i) of this section explains the circumstances under which the
findings for sources in a specific State would be withdrawn. Paragraph
(j) of this section sets forth the control requirements that apply to
the sources of NOX emissions affected by the findings.
Paragraph (k) of this section indefinitely stays the effectiveness of
the affirmative technical determinations with respect to the 8-hour
ozone standard.
(1) The States that submitted such petitions are Connecticut, Maine,
Massachusetts, New Hampshire, New York, Pennsylvania, Rhode Island, and
Vermont (each of which, hereinafter in this section, may be referred to
also as a ``petitioning State'').
(2) The new and existing sources of NOX emissions covered
by the petitions that emit or would emit NOX emissions in
amounts that make such significant contributions are large electric
generating units (EGUs) and large non-EGUs.
(c) Section 126(b) findings relating to impacts on ozone levels in
Connecticut--(1) Section 126(b) findings with respect to the 1-hour
ozone standard in Connecticut. The Administrator finds that any existing
or new major source or group of stationary sources emits or would emit
NOX in violation of the Clean Air Act section 110(a)(2)(d)(i)
prohibition with respect to the 1-hour ozone standard in the State of
Connecticut if it is or will be:
(i) In a category of large EGUs or large non-EGUs;
(ii) Located in one of the States (or portions thereof) listed in
paragraph (c)(2) of this section; and
(iii) Within one of the ``Named Source Categories'' listed in the
portion of Table F-1 in appendix F of this part describing the sources
of NOX emissions covered by the petition of the State of
Connecticut.
(2) States or portions of States that contain sources for which the
Administrator is making section 126(b) findings with respect to the 1-
hour ozone standard in
[[Page 70]]
Connecticut. The States, or portions of States, that contain sources of
NOX emissions for which the Administrator is making section
126(b) findings under paragraph (c)(1) of this section are:
(i) Delaware.
(ii) District of Columbia.
(iii) Portion of Indiana located in OTAG Subregions 2 and 6, as
shown in appendix F, Figure F-2, of this part.
(iv) Portion of Kentucky located in OTAG Subregion 6, as shown in
appendix F, Figure F-2, of this part.
(v) Maryland.
(vi) Portion of Michigan located south of 44 degrees latitude in
OTAG Subregion 2, as shown in appendix F, Figure F-2, of this part.
(vii) Portion of North Carolina located in OTAG Subregion 7, as
shown in appendix F, Figure F-2, of this part.
(viii) New Jersey.
(ix) Portion of New York extending west and south of Connecticut, as
shown in appendix F, Figure F-2, of this part.
(x) Ohio.
(xi) Pennsylvania.
(xii) Virginia.
(xiii) West Virginia.
(d) Affirmative technical determinations relating to impacts on
ozone levels in Maine--(1) Affirmative technical determinations with
respect to the 8-hour ozone standard in Maine. The Administrator of EPA
finds that any existing or new major source or group of stationary
sources emits or would emit NOX in amounts that contribute
significantly to nonattainment in the State of Maine, with respect to
the 8-hour NAAQS for ozone if it is or will be:
(i) In a category of large EGUs or large non-EGUs;
(ii) Located in one of the States (or portions thereof) listed in
paragraph (d)(2) of this section; and
(iii) Within one of the ``Named Source Categories'' listed in the
portion of Table F-1 of appendix F of this part describing the sources
of NOX emissions covered by the petition of the State of
Maine.
(2) States or portions of States that contain sources for which EPA
is making an affirmative technical determination with respect to the 8-
hour ozone standard in Maine. The States that contain sources for which
EPA is making an affirmative technical determination are:
(i) Connecticut.
(ii) Delaware.
(iii) District of Columbia.
(iv) Maryland.
(v) Massachusetts.
(vi) New Jersey.
(vii) New York.
(viii) Pennsylvania.
(ix) Rhode Island.
(x) Virginia.
(e) Section 126(b) findings and affirmative technical determinations
relating to impacts on ozone levels in Massachusetts--(1) Section 126(b)
findings with respect to the 1-hour ozone standard in Massachusetts. The
Administrator finds that any existing major source or group of
stationary sources emits NOX in violation of the Clean Air
Act section 110(a)(2)(d)(i) prohibition with respect to the 1-hour ozone
standard in the State of Massachusetts if it is:
(i) In a category of large EGUs or large non-EGUs;
(ii) Located in one of the States (or portions thereof) listed in
paragraph (e)(2) of this section; and
(iii) Within one of the ``Named Source Categories'' listed in the
portion of Table F-1 in appendix F of this part describing the sources
of NOX emissions covered by the petition of the State of
Massachusetts.
(2) States that contain sources for which the Administrator is
making section 126(b) findings with respect to the 1-hour ozone standard
in Massachusetts. The portions of States that contain sources of
NOX emissions for which the Administrator is making section
126(b) findings under paragraph (e)(1) of this section are:
(i) All counties in West Virginia located within a 3-county-wide
band of the Ohio River, as shown in appendix F, Figure F-4, of this
part.
(ii) [Reserved]
(3) Affirmative technical determinations with respect to the 8-hour
ozone standard in Massachusetts. The Administrator of EPA finds that any
existing major source or group of stationary sources emits
NOX in amounts that contribute significantly to nonattainment
in, or interfere with maintenance by, the State of Massachusetts, with
respect to the 8-hour NAAQS for ozone if it is:
[[Page 71]]
(i) In a category of large EGUs or large non-EGUs;
(ii) Located in one of the States (or portions thereof) listed in
paragraph (e)(4) of this section; and
(iii) Within one of the ``Named Source Categories'' listed in the
portion of Table F-1 in appendix F of this part describing the sources
of NOX emissions covered by the petition of the State of
Massachusetts.
(4) States or portions of States that contain sources for which EPA
is making an affirmative technical determination with respect to the 8-
hour ozone standard in Massachusetts. The portions of States that
contain sources for which EPA is making an affirmative technical
determination are:
(i) All counties in Ohio located within a 3-county-wide band of the
Ohio River, as shown in appendix F, Figure F-4, of this part.
(ii) All counties in West Virginia located within a 3-county-wide
band of the Ohio River, as shown in appendix F, Figure F-4, of this
part.
(f) Affirmative technical determinations relating to impacts on
ozone levels in New Hampshire--(1) Affirmative technical determinations
with respect to the 8-hour ozone standard in New Hampshire. The
Administrator of EPA finds that any existing or new major source or
group of stationary sources emits or would emit NOX in
amounts that contribute significantly to nonattainment in, or interfere
with maintenance by, the State of New Hampshire, with respect to the 8-
hour NAAQS for ozone if it is or will be:
(i) In a category of large EGUs or large non-EGUs;
(ii) Located in one of the States (or portions thereof) listed in
paragraph (f)(2) of this section; and
(iii) Within one of the ``Named Source Categories'' listed in the
portion of Table F-1 of appendix F of this part describing the sources
of NOX emissions covered by the petition of the State of New
Hampshire.
(2) States or portions of States that contain sources for which EPA
is making an affirmative technical determination with respect to the 8-
hour ozone standard in New Hampshire. The States that contain sources
for which EPA is making an affirmative technical determination are:
(i) Connecticut.
(ii) Delaware.
(iii) District of Columbia.
(iv) Maryland.
(v) Massachusetts.
(vi) New Jersey.
(vii) New York.
(viii) Pennsylvania.
(ix) Rhode Island.
(g) Section 126(b) findings relating to impacts on ozone levels in
the State of New York--(1) Section 126(b) findings with respect to the
1-hour ozone standard in the State of New York. The Administrator finds
that any existing or new major source or group of stationary sources
emits or would emit NOX in violation of the Clean Air Act
section 110(a)(2)(d)(i) prohibition with respect to the 1-hour ozone
standard in the State of New York if it is or will be:
(i) In a category of large EGUs or large non-EGUs;
(ii) Located in one of the States (or portions thereof) listed in
paragraph (g)(2) of this section; and
(iii) Within one of the ``Named Source Categories'' listed in the
portion of Table F-1 in appendix F of this part describing the sources
of NOX emissions covered by the petition of the State of New
York.
(2) States or portions of States that contain sources for which the
Administrator is making section 126(b) findings with respect to the 1-
hour ozone standard in New York. The States, or portions of States, that
contain sources of NOX emissions for which the Administrator
is making section 126(b) findings under paragraph (g)(1) of this section
are:
(i) Delaware.
(ii) District of Columbia.
(iii) Portion of Indiana located in OTAG Subregions 2 and 6, as
shown in appendix F, Figure F-6, of this part.
(iv) Portion of Kentucky located in OTAG Subregion 6, as shown in
appendix F, Figure F-6, of this part.
(v) Maryland.
(vi) Portion of Michigan located south of 44 degrees latitude in
OTAG Subregion 2, as shown in appendix F, Figure F-6, of this part.
(vii) Portion of North Carolina located in OTAG Subregions 6 and 7,
as
[[Page 72]]
shown in appendix F, Figure F-6, of this part.
(viii) New Jersey.
(ix) Ohio.
(x) Pennsylvania.
(xi) Virginia.
(xii) West Virginia.
(h) Section 126(b) findings and affirmative technical determinations
relating to impacts on ozone levels in the State of Pennsylvania--(1)
Section 126(b) findings with respect to the 1-hour ozone standard in the
State of Pennsylvania. The Administrator finds that any existing or new
major source or group of stationary sources emits or would emit
NOX in violation of the Clean Air Act section 110(a)(2)(d)(i)
prohibition with respect to the 1-hour ozone standard in the State of
Pennsylvania if it is or will be:
(i) In a category of large EGUs or large non-EGUs;
(ii) Located in one of the States (or portions thereof) listed in
paragraph (h)(2) of this section; and (iii) Within one of the ``Named
Source Categories'' listed in the portion of Table F-1 in appendix F of
this part describing the sources of NOX emissions covered by
the petition of the State of Pennsylvania.
(2) States that contain sources for which the Administrator is
making section 126(b) findings with respect to the 1-hour ozone standard
in Pennsylvania. The States that contain sources of NOX
emissions for which the Administrator is making section 126(b) findings
under paragraph (h)(1) of this section are:
(i) North Carolina.
(ii) Ohio.
(iii) Virginia.
(iv) West Virginia.
(3) Affirmative technical determinations with respect to the 8-hour
ozone standard in Pennsylvania. The Administrator of EPA finds that any
existing or new major source or group of stationary sources emits or
would emit NOX in amounts that contribute significantly to
nonattainment in, or interfere with maintenance by, the State of
Pennsylvania, with respect to the 8-hour NAAQS for ozone:
(i) In a category of large EGUs or large non-EGUs;
(ii) Located in one of the States (or portions thereof) listed in
paragraph (h)(4) of this section; and
(iii) Within one of the ``Named Source Categories'' listed in the
portion of Table F-1 in appendix F of this part describing the sources
of NOX emissions covered by the petition of the State of
Pennsylvania.
(4) States or portions of States that contain sources for which EPA
is making an affirmative technical determination with respect to the 8-
hour ozone standard in Pennsylvania. The States that contain sources for
which EPA is making an affirmative technical determination are:
(i) Alabama.
(ii) Illinois.
(iii) Indiana.
(iv) Kentucky.
(v) Michigan.
(vi) Missouri.
(vii) North Carolina.
(viii) Ohio.
(ix) Tennessee.
(x) Virginia.
(xi) West Virginia.
(i) Withdrawal of section 126 findings. Notwithstanding any other
provision of this subpart, a finding under paragraphs (c), (e)(1) and
(e)(2), (g), and (h)(1) and (h)(2) of this section as to a particular
major source or group of stationary sources in a particular State will
be deemed to be withdrawn, and the corresponding part of the relevant
petition(s) denied, if the Administrator issues a final action putting
in place implementation plan provisions that comply with the
requirements of Secs. 51.121 and 51.122 of this chapter for such State.
(j) Section 126 control remedy. The Federal NOX Budget
Trading Program in part 97 of this chapter applies to the owner or
operator of any new or existing large EGU or large non-EGU as to which
the Administrator makes a finding under section 126(b) of the Clean Air
Act pursuant to the provisions of paragraphs (c), (e)(1) and (e)(2),
(g), and (h)(1) and (h)(2) of this section.
(k) Stay of findings with respect to the 8-hour ozone standard.
Notwithstanding any other provisions of this subpart, the effectiveness
of paragraphs (d), (e)(3) and (e)(4), (f), (h)(3) and (h)(4) of this
section is stayed.
[[Page 73]]
(l) Temporary stay of rules. Notwithstanding any other provisions of
this subpart, the effectiveness of this section is stayed from July 26,
1999 until February 17, 2000.
[64 FR 28318, May 25, 1999, as amended at 64 FR 33961, June 24, 1999; 65
FR 2042, Jan. 13, 2000; 65 FR 2726, Jan. 18, 2000; 69 FR 31505, June 3,
2004]
Sec. 52.35 What are the requirements of the Federal Implementation
Plans (FIPs) for the Clean Air Interstate Rule (CAIR) relating to
emissions of nitrogen oxides?
(a)(1) The Federal CAIR NOX Annual Trading Program
provisions of part 97 of this chapter constitute the Clean Air
Interstate Rule Federal Implementation Plan provisions that relate to
annual emissions of nitrogen oxides (NOX). Each State that is
described in Sec. 51.123(c)(1) and (2) of this chapter received a
finding by the Administrator that the State failed to submit a State
Implementation Plan (SIP) to satisfy the requirements of section
110(a)(2)(D)(i)(I) of the Clean Air Act for the PM2.5 NAAQS.
The provisions of subparts AA through II of part 97 of this chapter,
regarding the CAIR NOX Annual Trading Program, apply to the
sources in each of these States that has not promulgated a SIP approved
by the Administrator as correcting that deficiency. Following
promulgation of an approval by the Administrator of a State's SIP as
meeting the requirements of CAIR for PM2.5 relating to
NOX under Sec. 51.123 of this chapter, these provisions of
part 97 of this chapter will no longer apply to the sources in that
State, except to the extent the Administrator's approval of the SIP is
partial or conditional or unless such approval is under Sec. 51.123(p)
of this chapter.
(2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated any CAIR NOX allowances
to sources in the State for any years, the provisions of part 97 of this
chapter authorizing the Administrator to complete the allocation of CAIR
NOX allowances for those years shall continue to apply,
unless the Administrator approves a SIP that provides for the allocation
of the remaining CAIR NOX allowances for those years.
(b)(1) The Federal CAIR NOX Ozone Season Trading Program
provisions of part 97 of this chapter constitute the Clean Air
Interstate Rule Federal Implementation Plan provisions that relate to
emissions of nitrogen oxides (NOX) during the ozone season,
as defined in Sec. 97.302 of this chapter. Each State that is described
in Sec. 51.123(c)(1) and (3) of this chapter received a finding by the
Administrator that the State failed to submit a State Implementation
Plan (SIP) to satisfy the requirements of section 110(a)(2)(D)(i)(I) of
the Clean Air Act for the 8-hour ozone NAAQS. The provisions of subparts
AAAA through IIII of part 97 of this chapter, regarding the CAIR
NOX Ozone Season Trading Program, apply to sources in each of
these States that has not promulgated a SIP revision approved by the
Administrator as correcting that deficiency. Following promulgation of
an approval by the Administrator of a State's SIP as meeting the
requirements of CAIR for ozone relating to NOX under
Sec. 51.123 of this chapter, these provisions of part 97 of this chapter
will no longer apply to sources in that State, except to the extent the
Administrator's approval of the SIP is partial or conditional or unless
such approval is under Sec. 51.123(ee) of this chapter.
(2) Notwithstanding any provisions of paragraph (b)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated any CAIR NOX Ozone Season
allowances to sources in the State for any years, the provisions of part
97 of this chapter authorizing the Administrator to complete the
allocation of CAIR NOX Ozone Season allowances for those
years shall continue to apply, unless the Administrator approves a SIP
that provides for the allocation of the remaining CAIR NOX
Ozone Season allowances for those years.
(c) The provisions of this section do not invalidate or otherwise
affect the obligations of States, emissions sources, or other
responsible entities with respect to all portions of plans approved or
promulgated under this part or the obligations of States under the
[[Page 74]]
requirements of Secs. 51.123 and 51.125 of this chapter.
(d)(1) The States with SIPs approved by the Administrator as meeting
the requirements of CAIR for PM2.5 relating to NOX
under Sec. 51.123(o) of this chapter are: Indiana, and Ohio.
(2) The States with SIPs approved by the Administrator as meeting
the requirements of CAIR for ozone relating to NOX under
Sec. 51.123(aa) of this chapter, are: Indiana, and Ohio.
(e) Notwithstanding paragraphs (a) and (b) of this section, such
paragraphs are not applicable as they relate to sources in the State of
Minnesota as of December 3, 2009, except as provided in Sec. 52.1240(b).
(f) Notwithstanding any provisions of paragraphs (a) through (d) of
this section, subparts AA through II and AAAA through IIII of part 97 of
this chapter, and any State's SIP to the contrary:
(1) With regard to any control period that begins after December 31,
2011,
(i) The provisions in paragraphs (a) through (d) of this section
relating to NOX annual or ozone season emissions shall not be
applicable; and
(ii) The Administrator will not carry out any of the functions set
forth for the Administrator in subparts AA through II and AAAA through
IIII of part 97 of this chapter;
(2) The Administrator will not deduct for excess emissions any CAIR
NOX allowances or CAIR NOX Ozone Season allowances
allocated for 2012 or any year thereafter;
(3) By November 7, 2011, the Administrator will remove from the CAIR
NOX Allowance Tracking System accounts all CAIR
NOX allowances allocated for a control period in 2012 and any
subsequent year, and, thereafter, no holding or surrender of CAIR
NOX allowances will be required with regard to emissions or
excess emissions for such control periods; and
(4) By November 7, 2011, the Administrator will remove from the CAIR
NOX Ozone Season Allowance Tracking System accounts all CAIR
NOX Ozone Season allowances allocated for a control period in
2012 and any subsequent year, and, thereafter, no holding or surrender
of CAIR NOX allowances will be required with regard to
emissions or excess emissions for such control periods.
[72 FR 62343, Nov..2, 2007, as amended at 74 FR 48862, Sept. 25, 2009;
74 FR 56726, Nov. 3, 2009; 75 FR 72962, Nov. 29, 2010; 76 FR 48353, Aug.
8, 2011]
Sec. 52.36 What are the requirements of the Federal Implementation
Plans (FIPs) for the Clean Air Interstate Rule (CAIR) relating to
emissions of sulfur dioxide?
(a) The Federal CAIR SO2 Trading Program provisions of part 97 of
this chapter constitute the Clean Air Interstate Rule Federal
Implementation Plan provisions for emissions of sulfur dioxide
(SO2). Each State that is described in Sec. 51.124(c) of this
chapter is subject to a finding by the Administrator that the State
failed to submit a State Implementation Plan (SIP) to satisfy the
requirements of section 110(a)(2)(D)(i)(I) of the Clean Air Act for the
PM2.5 NAAQS. The provisions of subparts AAA through III of
part 97 of this chapter, regarding the CAIR SO2 Trading
Program, apply to sources in each of these States that has not
promulgated a SIP revision approved by the Administrator as correcting
that deficiency. Following promulgation of an approval by the
Administrator of a State's SIP as meeting the requirements of CAIR for
PM2.5 relating to SO2 under Sec. 51.124 of this
chapter, these provisions of part 97 of this chapter will no longer
apply to sources in that State, except to the extent the Administrator's
approval of the SIP is partial or conditional or unless such approval is
under Sec. 51.124(r) of this chapter.
(b) The provisions of this section do not invalidate or otherwise
affect the obligations of States, emissions sources, or other
responsible entities with respect to all portions of plans approved or
promulgated under this part or the obligations of States under the
requirements of Secs. 51.124 and 51.125 of this chapter.
(c) The States with SIPs approved by the Administrator as meeting
the requirements of CAIR for PM2.5 relating to SO2
under Sec. 51.124(o) of this chapter are: Indiana, and Ohio
(d) Notwithstanding paragraph (a) of this section, such paragraph is
not applicable as it relates to sources in the
[[Page 75]]
State of Minnesota as of December 3, 2009.
(e) Notwithstanding any provisions of paragraphs (a) through (c) of
this section, subparts AAA through III of part 97 of this chapter and
any State's SIP to the contrary:
(1) With regard to any control period that begins after December 31,
2011,
(i) The provisions of paragraphs (a) through (e) of this section
relating to SO2 emissions shall not be applicable; and
(ii) The Administrator will not carry out any of the functions set
forth for the Administrator in subparts AAA through III of part 97 of
this chapter; and
(2) The Administrator will not deduct for excess emissions any CAIR
SO2 allowances allocated for 2012 or any year thereafter.
[72 FR 62343, Nov. 2, 2007, as amended at 74 FR 48863, Sept. 25, 2009;
74 FR 56726, Nov. 3, 2009; 75 FR 72962, Nov. 29, 2010; 76 FR 48354, Aug.
8, 2011]
Sec. 52.37 What are the requirements of the Federal Implementation
Plans (FIPs) to issue permits under the Prevention of Significant
Deterioration requirements to sources that emit greenhouse gases?
(a) The requirements of sections 160 through 165 of the Clean Air
Act are not met to the extent the plan, as approved, of the states
listed in paragraph (b) of this section does not apply with respect to
emissions of the pollutant GHGs from certain stationary sources.
Therefore, the provisions of Sec. 52.21 except paragraph (a)(1) are
hereby made a part of the plan for each state listed in paragraph (b) of
this section for:
(1) Beginning January 2, 2011, the pollutant GHGs from stationary
sources described in Sec. 52.21(b)(49)(iv), and
(2) beginning July 1, 2011, in addition to the pollutant GHGs from
sources described under paragraph (a)(1) of this section, stationary
sources described in Sec. 52.21(b)(49)(v).
(b) Paragraph (a) of this section applies to:
(1) Arizona, Pinal County; Rest of State (Excludes Maricopa County,
Pima County, and Indian Country);
(2)-(7) [Reserved]
(c) For purposes of this section, the ``pollutant GHGs'' refers to
the pollutant GHGs, as described in Sec. 52.21(b)(49)(i).
[75 FR 82254, Dec. 30, 2010, as amended at 76 FR 2589, Jan. 14, 2011; 76
FR 9664, Feb. 22, 2011; 77 FR 41918, July 17, 2012; 77 FR 62154, Oct.
12, 2012; 78 FR 19598, Apr. 2, 2013; 78 FR 70000, Nov. 22, 2013; 79 FR
28612, May 19, 2014]
Sec. 52.38 What are the requirements of the Federal Implementation
Plans (FIPs) under the Transport Rule (TR) relating to emissions
of nitrogen oxides?
(a)(1) The TR NOX Annual Trading Program provisions set
forth in subpart AAAAA of part 97 of this chapter constitute the TR
Federal Implementation Plan provisions that relate to annual emissions
of nitrogen oxides (NOX).
(2) The provisions of subpart AAAAA of part 97 of this chapter apply
to the sources in the following States and Indian country located within
the borders of such States: Alabama, Georgia, Illinois, Indiana, Iowa,
Kansas, Kentucky, Maryland, Michigan, Minnesota, Missouri, Nebraska, New
Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina,
Tennessee, Texas, Virginia, West Virginia, and Wisconsin.
(3) Notwithstanding the provisions of paragraph (a)(1) of this
section, a State listed in paragraph (a)(2) of this section may adopt
and include in a SIP revision, and the Administrator will approve, as TR
NOX Annual allowance allocation provisions replacing the
provisions in Sec. 97.411(a) of this chapter with regard to the State
and the control period in 2013, a list of TR NOX Annual units
and the amount of TR NOX Annual allowances allocated to each
unit on such list, provided that the list of units and allocations meets
the following requirements:
(i) All of the units on the list must be units that are in the State
and commenced commercial operation before January 1, 2010;
(ii) The total amount of TR NOX Annual allowance
allocations on the list must not exceed the amount, under Sec. 97.410(a)
of this chapter for the State and the control period in 2013, of TR
NOX Annual trading budget minus the
[[Page 76]]
sum of the new unit set-aside and Indian country new unit set-aside;
(iii) The list must be submitted electronically in a format
specified by the Administrator; and
(iv) The SIP revision must not provide for any change in the units
and allocations on the list after approval of the SIP revision by the
Administrator and must not provide for any change in any allocation
determined and recorded by the Administrator under subpart AAAAA of part
97 of this chapter;
(v) Provided that:
(A) By October 17, 2011, the State must notify the Administrator
electronically in a format specified by the Administrator of the State's
intent to submit to the Administrator a complete SIP revision meeting
the requirements of paragraph (a)(3)(i) through (iv) of this section by
April 1, 2012; and
(B) The State must submit to the Administrator a complete SIP
revision described in paragraph (a)(3)(v)(A) of this section by April 1,
2012.
(4) Notwithstanding the provisions of paragraph (a)(1) of this
section, a State listed in paragraph (a)(2) of this section may adopt
and include in a SIP revision, and the Administrator will approve,
regulations revising subpart AAAAA of part 97 of this chapter as follows
and not making any other substantive revisions of that subpart:
(i) The State may adopt, as TR NOX Annual allowance
allocation or auction provisions replacing the provisions in
Secs. 97.411(a) and (b)(1) and 97.412(a) of this chapter with regard to
the State and the control period in 2014 or any subsequent year, any
methodology under which the State or the permitting authority allocates
or auctions TR NOX Annual allowances, and may adopt, in
addition to the definitions in Sec. 97.402 of this chapter, one or more
definitions that shall apply only to terms as used in the adopted TR
NOX Annual allowance allocation or auction provisions, if
such methodology--
(A) Requires the State or the permitting authority to allocate and,
if applicable, auction a total amount of TR NOX Annual
allowances for any such control period not exceeding the amount, under
Secs. 97.410(a) and 97.421 of this chapter for the State and such
control period, of the TR NOX Annual trading budget minus the
sum of the Indian country new unit set-aside and the amount of any TR
NOX Annual allowances already allocated and recorded by the
Administrator.
(B) Requires, to the extent the State adopts provisions for
allocations or auctions of TR NOX Annual allowances for any
such control period to any TR NOX Annual units covered by
Sec. 97.411(a) of this chapter, that the State or the permitting
authority submit such allocations or the results of such auctions for
such control period (except allocations or results of auctions to such
units of TR NOX Annual allowances remaining in a set-aside
after completion of the allocations or auctions for which the set-aside
was created) to the Administrator no later than the following dates:
------------------------------------------------------------------------
Year of the control period for which TR Deadline for submission of
NOX annual allowances are allocated or allocations or auction
auctioned results to administrator
------------------------------------------------------------------------
2014...................................... June 1, 2013.
2015...................................... June 1, 2013.
2016...................................... June 1, 2014.
2017...................................... June 1, 2014.
2018...................................... June 1, 2015.
2019...................................... June 1, 2015.
2020 and any year thereafter.............. June 1 of the fourth year
before the year of the
control period.
------------------------------------------------------------------------
(C) Requires, to the extent the State adopts provisions for
allocations or auctions of TR NOX Annual allowances for any
such control period to any TR NOX Annual units covered by
Secs. 97.411(b)(1) and 97.412(a) of this chapter, that the State or the
permitting authority submit such allocations or the results of such
auctions (except allocations or results of auctions to such units of TR
NOX Annual allowances remaining in a set-aside after
completion of the allocations or auctions for which the set-aside was
created) to the Administrator by July 1 of the year of such control
period.
(D) Does not provide for any change, after the submission deadlines
in paragraphs (a)(4)(i)(B) and (C) of this section, in the allocations
submitted to the Administrator by such deadlines and does not provide
for any change in any allocation determined and recorded by the
Administrator under subpart AAAAA of part 97 of this chapter;
[[Page 77]]
(ii) Provided that the State must submit a complete SIP revision
meeting the requirements of paragraph (a)(4)(i) of this section by
December 1 of the year before the year of the deadlines for submission
of allocations or auction results under paragraphs (a)(4)(i)(B) and (C)
of this section for the first control period for which the State wants
to make allocations or hold an auction under paragraph (a)(4)(i) of this
section.
(5) Notwithstanding the provisions of paragraph (a)(1) of this
section, a State listed in paragraph (a)(2) of this section may adopt
and include in a SIP revision, and the Administrator will approve, as
correcting in whole or in part, as appropriate, the deficiency in the
SIP that is the basis for the TR Federal Implementation Plan set forth
in paragraphs (a)(1) through (4) of this section, regulations that are
substantively identical to the provisions of the TR NOX
Annual Trading Program set forth in Secs. 97.402 through 97.435 of this
chapter, except that the SIP revision:
(i) May adopt, as TR NOX Annual allowance allocation or
auction provisions replacing the provisions in Secs. 97.411(a) and
(b)(1) and 97.412(a) of this chapter with regard to the State and the
control period in 2014 or any subsequent year, any methodology under
which the State or the permitting authority allocates or auctions TR
NOX Annual allowances and that--
(A) Requires the State or the permitting authority to allocate and,
if applicable, auction a total amount of TR NOX Annual
allowances for any such control period not exceeding the amount, under
Secs. 97.410(a) and 97.421 of this chapter for the State and such
control period, of the TR NOX Annual trading budget minus the
sum of the Indian country new unit set-aside and the amount of any TR
NOX Annual allowances already allocated and recorded by the
Administrator.
(B) Requires, to the extent the State adopts provisions for
allocations or auctions of TR NOX Annual allowances for any
such control period to any TR NOX Annual units covered by
Sec. 97.411(a) of this chapter, that the State or the permitting
authority submit such allocations or the results of such auctions for
such control period (except allocations or results of auctions to such
units of TR NOX Annual allowances remaining in a set-aside
after completion of the allocations or auctions for which the set-aside
was created) to the Administrator no later than the following dates:
------------------------------------------------------------------------
Year of the control period for which TR Deadline for submission of
NOX annual allowances are allocated or allocations or auction
auctioned results to administrator
------------------------------------------------------------------------
2014...................................... June 1, 2013.
2015...................................... June 1, 2013.
2016...................................... June 1, 2014.
2017...................................... June 1, 2014.
2018...................................... June 1, 2015.
2019...................................... June 1, 2015.
2020 and any year thereafter.............. June 1 of the fourth year
before the year of the
control period.
------------------------------------------------------------------------
(C) Requires, to the extent the State adopts provisions for
allocations or auctions of TR NOX Annual allowances for any
such control period to any TR NOX Annual units covered by
Secs. 97.411(b)(1) and 97.412(a) of this chapter, that the State or the
permitting authority submit such allocations or the results of such
auctions (except allocations or results of auctions to such units of TR
NOX Annual allowances remaining in a set-aside after
completion of the allocations or auctions for which the set-aside was
created) to the Administrator by July 1 of the year of such control
period.
(D) Does not provide for any change, after the submission deadlines
in paragraphs (a)(5)(i)(B) and (C) of this section, in the allocations
submitted to the Administrator by such deadlines and does not provide
for any change in any allocation determined and recorded by the
Administrator under subpart AAAAA of part 97 of this chapter;
(ii) May adopt, in addition to the definitions in Sec. 97.402 of
this chapter, one or more definitions that shall apply only to terms as
used in the TR NOX Annual allowance allocation or auction
provisions adopted under paragraph (a)(5)(i) of this section;
(iii) May substitute the name of the State for the term ``State'' as
used in subpart AAAAA of part 97 of this chapter, to the extent the
Administrator determines that such substitutions do not make substantive
changes in the
[[Page 78]]
provisions in Secs. 97.402 through 97.435 of this chapter; and
(iv) Must not include any of the references to, or requirements
imposed on, any unit in Indian country within the borders of the State
in the provisions in Secs. 97.402 through 97.435 of this chapter and
must not include the provisions in Secs. 97.411(b)(2) and 97.412(b), all
of which provisions will continue to apply under the portion of the TR
Federal Implementation Plan that is not replaced by the SIP revision;
(v) Provided that, if and when any covered unit is located in Indian
country within the borders of the State, the Administrator may modify
his or her approval of the SIP revision to exclude the provisions in
Secs. 97.402 (definitions of ``common designated representative'',
``common designated representative's assurance level'', and ``common
designated representative's share''), 97.406(c)(2), 97.425, and the
portions of other provisions referencing these sections and may modify
the portion of the TR Federal Implementation Plan that is not replaced
by the SIP revision to include these provisions;
(vi) Provided that the State must submit a complete SIP revision
meeting the requirements of paragraphs (a)(5)(i) through (iv) of this
section by December 1 of the year before the year of the deadlines for
submission of allocations or auction results under paragraphs
(a)(5)(i)(B) and (C) of this section applicable to the first control
period for which the State wants to make allocations or hold an auction
under paragraphs (a)(5)(i) and (ii) of this section.
(6) Following promulgation of an approval by the Administrator of a
State's SIP revision as correcting in whole or in part, as appropriate,
the SIP's deficiency that is the basis for the TR Federal Implementation
Plan described in paragraphs (a)(1) through (5) of this section, the
provisions of paragraph (a)(2) of this section will no longer apply to
the sources in the State, unless the Administrator's approval of the SIP
revision is partial or conditional, and will continue to apply to
sources in any Indian country within the borders of the State.
(7) Notwithstanding the provisions of paragraph (a)(6) of this
section, if, at the time of such approval of the State's SIP revision,
the Administrator has already started recording any allocations of TR
NOX Annual allowances under subpart AAAAA of part 97 of this
chapter to units in a State for a control period in any year, the
provisions of subpart AAAAA of part 97 of this chapter authorizing the
Administrator to complete the allocation and recordation of TR
NOX Annual allowances to units in the State for each such
control period shall continue to apply, unless provided otherwise by
such approval of the State's SIP revision.
(b)(1) The TR NOX Ozone Season Trading Program provisions
set forth in part 97 of this chapter constitute the TR Federal
Implementation Plan provisions that relate to emissions of
NOX during the ozone season, defined as May 1 through
September 30 of a calendar year.
(2) The provisions of subpart BBBBB of part 97 of this chapter apply
to sources in each of the following States and Indian country located
within the borders of such States: Alabama, Arkansas, Florida, Georgia,
Illinois, Indiana, Iowa, Kentucky, Louisiana, Maryland, Michigan,
Mississippi, Missouri, New Jersey, New York, North Carolina, Ohio,
Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, West
Virginia, and Wisconsin.
(3) Notwithstanding the provisions of paragraph (b)(1) of this
section, a State listed in paragraph (b)(2) of this section may adopt
and include in a SIP revision, and the Administrator will approve, as TR
NOX Ozone Season allowance allocation provisions replacing
the provisions in Sec. 97.511(a) of this chapter with regard to the
State and the control period in 2013, a list of TR NOX Ozone
Season units and the amount of TR NOX Ozone Season allowances
allocated to each unit on such list, provided that the list of units and
allocations meets the following requirements:
(i) All of the units on the list must be units that are in the State
and commenced commercial operation before January 1, 2010;
(ii) The total amount of TR NOX Ozone Season allowance
allocations on the list must not exceed the amount, under Sec. 97.510(a)
of this chapter for the
[[Page 79]]
State and the control period in 2013, of TR NOX Ozone Season
trading budget minus the sum of the new unit set-aside and Indian
country new unit set-aside;
(iii) The list must be submitted electronically in a format
specified by the Administrator; and
(iv) The SIP revision must not provide for any change in the units
and allocations on the list after approval of the SIP revision by the
Administrator and must not provide for any change in any allocation
determined and recorded by the Administrator under subpart BBBBB of part
97 of this chapter;
(v) Provided that:
(A) By October 17, 2011 or, for Iowa, Michigan, Missouri, Oklahoma,
and Wisconsin, March 6, 2012, the State must notify the Administrator
electronically in a format specified by the Administrator of the State's
intent to submit to the Administrator a complete SIP revision meeting
the requirements of paragraph (b)(3)(i) through (iv) of this section by
April 1, 2012 or, for Iowa, Michigan, Missouri, Oklahoma, and Wisconsin,
October 1, 2012; and
(B) The State must submit to the Administrator a complete SIP
revision described in paragraph (b)(3)(v)(A) of this section by April 1,
2012 or, for Iowa, Michigan, Missouri, Oklahoma, and Wisconsin, October
1, 2012.
(4) Notwithstanding the provisions of paragraph (b)(1) of this
section, a State listed in paragraph (b)(2) of this section may adopt
and include in a SIP revision, and the Administrator will approve,
regulations revising subpart BBBBB of part 97 of this chapter as follows
and not making any other substantive revisions of that subpart:
(i) The State may adopt, as applicability provisions replacing the
provisions in Secs. 97.504(a)(1) and (2) of this chapter, provisions
substantively identical to those provisions, except that the words
``more than 25 MWe'' are replaced, whenever such words appear, by words
specifying a uniform lower limit on the amount of megawatts that is not
greater than the amount specified by the words ``more than 25 MWe'' and
is not less than the amount specified by the words ``15 MWe or more'';
or
(ii) The State may adopt, as TR NOX Ozone Season
allowance allocation or auction provisions replacing the provisions in
Secs. 97.511(a) and (b)(1) and 97.512(a) of this chapter with regard to
the control period in 2014 or any subsequent year, any methodology under
which the State or the permitting authority allocates or auctions TR
NOX Ozone Season allowances, and may adopt, in addition to
the definitions in Sec. 97.502 of this chapter, one or more definitions
that shall apply only to terms as used in the adopted TR NOX
Ozone Season allowance allocation or auction provisions, if such
methodology--
(A) Requires the State or the permitting authority to allocate and,
if applicable, auction a total amount of TR NOX Ozone Season
allowances for any such control period not exceeding the amount, under
Secs. 97.510(a) and 97.521 of this chapter for the State and such
control period, of the TR NOX Ozone Season trading budget
minus the sum of the Indian country new unit set-aside and the amount of
any TR NOX Ozone Season allowances already allocated and
recorded by the Administrator.
(B) Requires, to the extent the State adopts provisions for
allocations or auctions of TR NOX Ozone Season allowances for
any such control period to any TR NOX Ozone Season units
covered by Sec. 97.511(a) of this chapter, that the State or the
permitting authority submit such allocations or the results of such
auctions for such control period (except allocations or results of
auctions to such units of TR NOX Ozone Season allowances
remaining in a set-aside after completion of the allocations or auctions
for which the set-aside was created) to the Administrator no later than
the following dates:
------------------------------------------------------------------------
Year of the control period for which TR Deadline for submission of
NOX Ozone Season allowances are allocated allocations or auction
or auctioned results to administrator
------------------------------------------------------------------------
2014...................................... June 1, 2013.
2015...................................... June 1, 2013.
2016...................................... June 1, 2014.
2017...................................... June 1, 2014.
2018...................................... June 1, 2015.
2019...................................... June 1, 2015.
[[Page 80]]
2020 and any year thereafter.............. June 1 of the fourth year
before the year of the
control period.
------------------------------------------------------------------------
(C) Requires, to the extent the State adopts provisions for
allocations or auctions of TR NOX Ozone Season allowances for
any such control period to any TR NOX Ozone Season units
covered by Secs. 97.511(b)(1) and 97.512(a) of this chapter, that the
State or the permitting authority submit such allocations or the results
of such auctions (except allocations or results of auctions to such
units of TR NOX Ozone Season allowances remaining in a set-
aside after completion of the allocations or auctions for which the set-
aside was created) to the Administrator by July 1 of the year of such
control period.
(D) Does not provide for any change, after the submission deadlines
in paragraphs (b)(4)(ii)(B) and (C) of this section, in the allocations
submitted to the Administrator by such deadlines and does not provide
for any change in any allocation determined and recorded by the
Administrator under subpart BBBBB of part 97 of this chapter;
(iii) Provided that the State must submit a complete SIP revision
meeting the requirements of paragraph (b)(4)(i) or (ii) of this section
by December 1 of the year before the year of the deadlines for
submission of allocations or auction results under paragraphs
(b)(4)(ii)(B) and (C) of this section applicable to the first control
period for which the State wants to replace the applicability
provisions, make allocations, or hold an auction under paragraph
(b)(4)(i) or (ii) of this section.
(5) Notwithstanding the provisions of paragraph (b)(1) of this
section, a State listed in paragraph (b)(2) of this section may adopt
and include in a SIP revision, and the Administrator will approve, as
correcting in whole or in part, as appropriate, the deficiency in the
SIP that is the basis for the TR Federal Implementation Plan set forth
in paragraphs (b)(1) through (4) of this section, regulations that are
substantively identical to the provisions of the TR NOX Ozone
Season Trading Program set forth in Secs. 97.502 through 97.535 of this
chapter, except that the SIP revision:
(i) May adopt, as applicability provisions replacing the provisions
in Secs. 97.504(a)(1) and (2) of this chapter, provisions substantively
identical to those provisions, except that the words ``more than 25
MWe'' are replaced, whenever such words appear, by words specifying a
uniform lower limit on the amount of megawatts that is not greater than
the amount specified by the words ``more than 25 MWe'' and is not less
than the amount specified by the words ``15 MWe or more''; or
(ii) May adopt, as TR NOX Ozone Season allowance
allocation provisions replacing the provisions in Secs. 97.511(a) and
(b)(1) and 97.512(a) of this chapter with regard to the control period
in 2014 and any subsequent year, any methodology under which the State
or the permitting authority allocates auctions TR NOX Ozone
Season allowances and that--
(A) Requires the State or the permitting authority to allocate and,
if applicable, auction a total amount of TR NOX Ozone Season
allowances for any such control period not exceeding the amount, under
Secs. 97.510(a) and 97.521 of this chapter for the State and such
control period, of the TR NOX Ozone Season trading budget
minus the sum of the Indian country new unit set-aside and the amount of
any TR NOX Ozone Season allowances already allocated and
recorded by the Administrator.
(B) Requires, to the extent the State adopts provisions for
allocations or auction of TR NOX Ozone Season allowances for
any such control period to any TR NOX Ozone Season units
covered by Sec. 97.511(a) of this chapter, that the State or the
permitting authority submit such allocations or the results of such
auctions for such control period (except allocations or results of
auctions to such units of TR NOX Ozone Season allowances
remaining in a set-aside after completion of the allocations or auctions
for which the set-aside was created) to the Administrator no later than
the following dates:
[[Page 81]]
------------------------------------------------------------------------
Year of the control period for which TR Deadline for submission of
NOX Ozone Season allowances are allocated allocations or auction
or auctioned results to administrator
------------------------------------------------------------------------
2014...................................... June 1, 2013.
2015...................................... June 1, 2013.
2016...................................... June 1, 2014.
2017...................................... June 1, 2014.
2018...................................... June 1, 2015.
2019...................................... June 1, 2015.
2020 and any year thereafter.............. June 1 of the fourth year
before the year of the
control period.
------------------------------------------------------------------------
(C) Requires, to the extent the State adopts provisions for
allocations or auctions of TR NOX Ozone Season allowances for
any control period to any TR NOX Ozone Season units covered
by Secs. 97.511(b)(1) and 97.512(a) of this chapter, that the State or
the permitting authority submit such allocations or the results of such
auctions (except allocations or results of auctions to such units of TR
NOX Ozone Season allowances remaining in a set-aside after
completion of the allocations or auctions for which the set-aside was
created) to the Administrator by July 1 of the year of such control
period.
(D) Does not provide for any change, after the submission deadlines
in paragraphs (b)(5)(ii)(B) and (C) of this section, in the allocations
submitted to the Administrator by such deadlines and does not provide
for any change in any allocation determined and recorded by the
Administrator under subpart BBBBB of part 97 of this chapter;
(iii) May adopt in addition to the definitions in Sec. 97.502 of
this chapter, one or more definitions that shall apply only to terms as
used in the TR NOX Ozone Season allowance allocation or
auction provisions adopted under paragraph (b)(5)(ii) of this section;
(iv) May substitute the name of the State for the term ``State'' as
used in subpart BBBBB of part 97 of this chapter, to the extent the
Administrator determines that such substitutions do not make substantive
changes in the provisions in Secs. 97.502 through 97.535 of this
chapter; and
(v) Must not include any of the references to, or requirements
imposed on, any unit in Indian country within the borders of the State
in the provisions in Secs. 97.502 through 97.535 of this chapter and
must not include the provisions in Secs. 97.511(b)(2) and 97.512(b), all
of which provisions will continue to apply under the portion of the TR
Federal Implementation Plan that is not replaced by the SIP revision;
(vi) Provided that, if and when any covered unit is located in
Indian country within the borders of the State, the Administrator may
modify his or her approval of the SIP revision to exclude the provisions
in Secs. 97.502 (definitions of ``common designated representative'',
``common designated representative's assurance level'', and ``common
designated representative's share''), 97.506(c)(2), 97.525, and the
portions of other provisions referencing these sections and may modify
the portion of the TR Federal Implementation Plan that is not replaced
by the SIP revision to include these provisions;
(vii) Provided that the State must submit a complete SIP revision
meeting the requirements of paragraph (b)(5)(i) through (v) of this
section by December 1 of the year before the year of the deadlines for
submission of allocations or auction results under paragraphs (5)(ii)(B)
and (C) of this section applicable to the first control period for which
the State wants to replace the applicability provisions, make
allocations, or hold an auction under paragraphs (b)(5)(ii) and (iii) of
this section.
(6) Following promulgation of an approval by the Administrator of a
State's SIP revision as correcting in whole or in part, as appropriate,
the SIP's deficiency that is the basis for the TR Federal Implementation
Plan set forth in paragraphs (b)(1) through (5) of this section, the
provisions of paragraph (b)(2) of this section will no longer apply to
sources in the State, unless the Administrator's approval of the SIP
revision is partial or conditional, and will continue to apply to
sources in any Indian country within the borders of the State.
(7) Notwithstanding the provisions of paragraph (b)(6) of this
section, if, at the time of such approval of the State's SIP revision,
the Administrator has already started recording any allocations of TR
NOX Ozone Season allowances under subpart BBBBB of part 97 of
this chapter to units in a State for a control period in any year, the
provisions of subpart BBBBB of part 97 of this chapter authorizing the
Administrator
[[Page 82]]
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 48354, Aug. 8, 2011, as amended at 76 FR 80774, Dec. 27, 2011]
Sec. 52.39 What are the requirements of the Federal Implementation
Plans (FIPs) for the Transport Rule (TR) relating to emissions of
sulfur dioxide?
(a) The TR SO2 Group 1 Trading Program provisions and the
TR SO2 Group 2 Trading Program provisions set forth
respectively in subparts CCCCC and DDDDD of part 97 of this chapter
constitute the TR Federal Implementation Plan provisions that relate to
emissions of sulfur dioxide (SO2).
(b) The provisions of subpart CCCCC of part 97 of this chapter apply
to sources in each of the following States and Indian country located
within the borders of such States: Illinois, Indiana, Iowa, Kentucky,
Maryland, Michigan, Missouri, New Jersey, New York, North Carolina,
Ohio, Pennsylvania, Tennessee, Virginia, West Virginia, and Wisconsin.
(c) The provisions of subpart DDDDD of part 97 of this chapter apply
to sources in each of the following States and Indian country located
within the borders of such States: Alabama, Georgia, Kansas, Minnesota,
Nebraska, South Carolina, and Texas.
(d) Notwithstanding the provisions of paragraph (a) of this section,
a State listed in paragraph (b) of this section may adopt and include in
a SIP revision, and the Administrator will approve, as TR SO2
Group 1 allowance allocation provisions replacing the provisions in
Sec. 97.611(a) of this chapter with regard to the State and the control
period in 2013, a list of TR SO2 Group 1 units and the amount
of TR SO2 Group 1 allowances allocated to each unit on such
list, provided that the list of units and allocations meets the
following requirements:
(1) All of the units on the list must be units that are in the State
and commenced commercial operation before January 1, 2010;
(2) The total amount of TR SO2 Group 1 allowance
allocations on the list must not exceed the amount, under Sec. 97.610(a)
of this chapter for the State and the control period in 2013, of TR
SO2 Group 1 trading budget minus the sum of the new unit set-
aside and Indian country new unit set-aside;
(3) The list must be submitted electronically in a format specified
by the Administrator; and
(4) The SIP revision must not provide for any change in the units
and allocations on the list after approval of the SIP revision by the
Administrator and must not provide for any change in any allocation
determined and recorded by the Administrator under subpart CCCCC of part
97 of this chapter;
(5) Provided that:
(i) By October 17, 2011, the State must notify the Administrator
electronically in a format specified by the Administrator of the State's
intent to submit to the Administrator a complete SIP revision meeting
the requirements of paragraph (d)(1) through (4) of this section by
April 1, 2012; and
(ii) The State must submit to the Administrator a complete SIP
revision described in paragraph (d)(5)(i) of this section by April 1,
2012.
(e) Notwithstanding the provisions of paragraph (a) of this section,
a State listed in paragraph (b) of this section may adopt and include in
a SIP revision, and the Administrator will approve, regulations revising
subpart CCCCC of part 97 of this chapter as follows and not making any
other substantive revisions of that subpart:
(1) The State may adopt, as TR SO2 Group 1 allowance
allocation or auction provisions replacing the provisions in
Secs. 97.611(a) and (b)(1) and 97.612(a) of this chapter with regard to
the control period in 2014 or any subsequent year, any methodology under
which the State or the permitting authority allocates or auctions TR
SO2 Group 1 allowances and may adopt, in addition to the
definitions in Sec. 97.602 of this chapter, one or more definitions that
shall apply only to terms as used in the adopted TR SO2 Group
1 allowance allocation or auction provisions, if such methodology--
[[Page 83]]
(i) Requires the State or the permitting authority to allocate and,
if applicable, auction a total amount of TR SO2 Group 1
allowances for any such control period not exceeding the amount, under
Secs. 97.610(a) and 97.621 of this chapter for the State and such
control period, of the TR SO2 Group 1 trading budget minus
the sum of the Indian country new unit set-aside and the amount of any
TR SO2 Group 1 allowances already allocated and recorded by
the Administrator.
(ii) Requires, to the extent the State adopts provisions for
allocations or auction of TR SO2 Group 1 allowances for any
such control period to any TR SO2 Group 1 units covered by
Sec. 97.611(a) of this chapter, that the State or the permitting
authority submit such allocations or the results of such auctions for
such control period (except allocations or results of auctions to such
units of TR SO2 Group 1 allowances remaining in a set-aside
after completion of the allocations or auctions for which the set-aside
was created) to the Administrator no later than the following dates:
------------------------------------------------------------------------
Year of the control period for which TR Deadline for submission of
SO2 Group 1 allowances are allocated or allocations or auction
auctioned results to administrator
------------------------------------------------------------------------
2014...................................... June 1, 2013.
2015...................................... June 1, 2013.
2016...................................... June 1, 2014.
2017...................................... June 1, 2014.
2018...................................... June 1, 2015.
2019...................................... June 1, 2015.
2020 and any year thereafter.............. June 1 of the fourth year
before the year of the
control period.
------------------------------------------------------------------------
(iii) Requires, to the extent the State adopts provisions for
allocations or auctions of TR SO2 Group 1 allowances for any
such control period to any TR SO2 Group 1 units covered by
Secs. 97.611(b)(1) and 97.612(a) of this chapter, that the State or the
permitting authority submit such allocations or the results of such
auctions (except allocations or results of auctions to such units of TR
SO2 Group 1 allowances remaining in a set-aside after
completion of the allocations or auctions for which the set-aside was
created) to the Administrator by July 1 of the year of such control
period.
(iv) Does not provide for any change, after the submission deadlines
in paragraphs (e)(1)(ii) and (iii) of this section, in the allocations
submitted to the Administrator by such deadlines and does not provide
for any change in any allocation determined and recorded by the
Administrator under subpart CCCCC of part 97 of this chapter;
(2) Provided that the State must submit a complete SIP revision
meeting the requirements of paragraph (e)(1) of this section by December
1 of the year before the year of the deadlines for submission of
allocations or auction results under paragraphs (e)(1)(ii) and (iii) of
this section applicable to the first control period for which the State
wants to make allocations or hold an auction under paragraph (e)(1) of
this section.
(f) Notwithstanding the provisions of paragraph (a) of this section,
a State listed in paragraph (b) of this section may adopt and include in
a SIP revision, and the Administrator will approve, as correcting in
whole or in part, as appropriate, the deficiency in the SIP that is the
basis for the TR Federal Implementation Plan set forth in paragraphs
(a), (b), (d), and (e) of this section, regulations that are
substantively identical to the provisions of the TR SO2 Group
1 Trading Program set forth in Secs. 97.602 through 97.635 of this
chapter, except that the SIP revision:
(1) May adopt, as TR SO2 Group 1 allowance allocation or
auction provisions replacing the provisions in Secs. 97.611(a) and
(b)(1) and 97.612(a) of this chapter with regard to the control period
in 2014 and any subsequent year, any methodology under which the State
or the permitting authority allocates or auctions TR SO2
Group 1 allowances and that--
(i) Requires the State or the permitting authority to allocate and,
if applicable, auction a total amount of TR SO2 Group 1
allowances for such control period not exceeding the amount, under
Secs. 97.610(a) and 97.621 of this chapter for the State and such
control period, of the TR SO2 Group 1 trading budget minus
the sum of the Indian country new unit set-aside and the amount of any
TR SO2 Group 1 allowances already allocated and recorded by
the Administrator.
[[Page 84]]
(ii) Requires, to the extent the State adopts provisions for
allocations or auction of TR SO2 Group 1 allowances for any
such control period to any TR SO2 Group 1 units covered by
Sec. 97.611(a) of this chapter, that the State or the permitting
authority submit such allocations or the results of such auctions for
such control period (except allocations or results of auctions to such
units of TR SO2 Group 1 allowances remaining in a set-aside
after completion of the allocations or auctions for which the set-aside
was created) to the Administrator no later than the following dates:
------------------------------------------------------------------------
Year of the control period for which TR Deadline for submission of
SO2 Group 1 allowances are allocated or allocations or auction
auctioned results to administrator
------------------------------------------------------------------------
2014...................................... June 1, 2013.
2015...................................... June 1, 2013.
2016...................................... June 1, 2014.
2017...................................... June 1, 2014.
2018...................................... June 1, 2015.
2019...................................... June 1, 2015.
2020 and any year thereafter.............. June 1 of the fourth year
before the year of the
control period.
------------------------------------------------------------------------
(iii) Requires, to the extent the State adopts provisions for
allocations or auctions of TR SO2 Group 1 allowances for any
such control period to any TR SO2 Group 1 units covered by
Secs. 97.611(b)(1) and 97.612(a) of this chapter, that the State or the
permitting authority submit such allocations or the results of such
auctions (except allocations or results of auctions to such units of TR
SO2 Group 1 allowances remaining in a set-aside after
completion of the allocations or auctions for which the set-aside was
created) to the Administrator by July 1 of the year of such control
period.
(iv) Does not provide for any change, after the submission deadlines
in paragraphs (f)(2)(ii) and (iii) of this section, in the allocations
submitted to the Administrator by such deadlines and does not provide
for any change in any allocation determined and recorded by the
Administrator under subpart CCCCC of part 97 of this chapter;
(2) May adopt, in addition to the definitions in Sec. 97.602 of this
chapter, one or more definitions that shall apply only to terms as used
in the TR SO2 Group 1 allowance allocation or auction
provisions adopted under paragraph (f)(1) of this section;
(3) May substitute the name of the State for the term ``State'' as
used in subpart CCCCC of part 97 of this chapter, to the extent the
Administrator determines that such substitutions do not make substantive
changes in the provisions in Secs. 97.602 through 97.635 of this
chapter; and
(4) Must not include any of the references to, or requirements
imposed on, any unit in Indian country within the borders of the State
in the provisions in Secs. 97.602 through 97.635 of this chapter and
must not include the provisions in Secs. 97.611(b)(2) and 97.612(b), all
of which provisions will continue to apply under the portion of the TR
Federal Implementation Plan that is not replaced by the SIP revision;
(5) Provided that, if and when any covered unit is located in Indian
country within the borders of the State, the Administrator may modify
his or her approval of the SIP revision to exclude the provisions in
Secs. 97.602 (definitions of ``common designated representative'',
``common designated representative's assurance level'', and ``common
designated representative's share''), 97.606(c)(2), 97.625, and the
portions of other provisions referencing these sections and may modify
the portion of the TR Federal Implementation Plan that is not replaced
by the SIP revision to include these provisions;
(6) Provided that the State must submit a complete SIP revision
meeting the requirements of paragraphs (f)(1) through (4) of this
section by December 1 of the year before the year of the deadlines for
submission of allocations or auction results under paragraphs (f)(1)(ii)
and (iii) of this section applicable to the first control period for
which the State wants to make allocations or hold an auction under
paragraph (f)(1)(ii) and (iii) of this section.
(g) Notwithstanding the provisions of paragraph (a) of this section,
a State listed in paragraph (c) of this section may adopt and include in
a SIP revision, and the Administrator will approve, as TR SO2
Group 2 allowance allocation provisions replacing the provisions in
Sec. 97.711(a) of this chapter with regard to the control period in
2013, a list of TR SO2 Group 2 units and the
[[Page 85]]
amount of TR SO2 Group 2 allowances allocated to each unit on
such list, provided that the list of units and allocations meets the
following requirements:
(1) All of the units on the list must be units that are in the State
and commenced commercial operation before January 1, 2010;
(2) The total amount of TR SO2 Group 2 allowance
allocations on the list must not exceed the amount, under Sec. 97.710(a)
of this chapter for the State and the control period in 2013, of TR
SO2 Group 2 trading budget minus the sum of the new unit set-
aside and Indian country new unit set-aside;
(3) The list must be submitted electronically in a format specified
by the Administrator; and
(4) The SIP revision must not provide for any change in the units
and allocations on the list after approval of the SIP revision by the
Administrator and must not provide for any change in any allocation
determined and recorded by the Administrator under subpart DDDDD of part
97 of this chapter;
(5) Provided that:
(i) By October 17, 2011, the State must notify the Administrator
electronically in a format specified by the Administrator of the State's
intent to submit to the Administrator a complete SIP revision meeting
the requirements of paragraph (g)(1) through (4) of this section by
April 1, 2012; and
(ii) The State must submit to the Administrator a complete SIP
revision described in paragraph (g)(5)(i) of this section by April 1,
2012.
(h) Notwithstanding the provisions of paragraph (a) of this section,
a State listed in paragraph (c) of this section may adopt and include in
a SIP revision, and the Administrator will approve, regulations revising
subpart DDDDD of part 97 of this chapter as follows and not making any
other substantive revisions of that subpart:
(1) The State may adopt, as TR SO2 Group 2 allowance
allocation or auction provisions replacing the provisions in
Secs. 97.711(a) and (b)(1) and 97.712(a) of this chapter with regard to
the control period in 2014 and any subsequent year, any methodology
under which the State or the permitting authority allocates or auctions
TR SO2 Group 2 allowances and may adopt, in addition to the
definitions in Sec. 97.702 of this chapter, one or more definitions that
shall apply only to terms as used in the adopted TR SO2 Group
2 allowance allocation or auction provisions, if such methodology--
(i) Requires the State or the permitting authority to allocate and,
if applicable, auction a total amount of TR SO2 Group 2
allowances for any such control period not exceeding the amount, under
Secs. 97.710(a) and 97.721 of this chapter for the State and such
control period, of the TR SO2 Group 2 trading budget minus
the sum of the Indian country new unit set-aside and the amount of any
TR SO2 Group 2 allowances already allocated and recorded by
the Administrator.
(ii) Requires, to the extent the State adopts provisions for
allocations or auction of TR SO2 Group 2 allowances for any
such control period to any TR SO2 Group 2 units covered by
Sec. 97.711(a) of this chapter, that the State or the permitting
authority submit such allocations or the results of such auctions for
such control period (except allocations or results of auctions to such
units of TR SO2 Group 2 allowances remaining in a set-aside
after completion of the allocations or auctions for which the set-aside
was created) to the Administrator no later than the following dates:
------------------------------------------------------------------------
Year of the control period for which TR Deadline for submission of
SO2 Group 2 allowances are allocated or allocations or auction
auctioned results to administrator
------------------------------------------------------------------------
2014...................................... June 1, 2013.
2015...................................... June 1, 2013.
2016...................................... June 1, 2014.
2017...................................... June 1, 2014.
2018...................................... June 1, 2015.
2019...................................... June 1, 2015.
2020 and any year thereafter.............. June 1 of the fourth year
before the year of the
control period.
------------------------------------------------------------------------
(iii) Requires, to the extent the State adopts provisions for
allocations or auctions of TR SO2 Group 2 allowances for any
such control period to any TR SO2 Group 2 units covered by
Secs. 97.711(b)(1) and 97.712(a) of this chapter, that the State or the
permitting authority submit such allocations or the results of such
auctions (except allocations or results of auctions to such
[[Page 86]]
units of TR SO2 Group 2 allowances remaining in a set-aside
after completion of the allocations or auctions for which the set-aside
was created) to the Administrator by July 1 of the year of such control
period.
(iv) Does not provide for any change, after the submission deadlines
in paragraphs (h)(1)(ii) and (iii) of this section, in the allocations
submitted to the Administrator by such deadlines and does not provide
for any change in any allocation determined and recorded by the
Administrator under subpart DDDDD of part 97 of this chapter;
(2) Provided that the State must submit a complete SIP revision
meeting the requirements of paragraph (h)(1) of this section by December
1 of the year before the year of the deadlines for submission of
allocations or auction results under paragraphs (h)(1)(ii) and (iii) of
this section applicable to the first control period for which the State
wants to make allocations or hold an auction under paragraph (h)(1)(ii)
and (iii) of this section.
(i) Notwithstanding the provisions of paragraph (a) of this section,
a State listed in paragraph (c) of this section may adopt and include in
a SIP revision, and the Administrator will approve, as correcting in
whole or in part, as appropriate, the deficiency in the SIP that is the
basis for the TR Federal Implementation Plan set forth in paragraphs
(a), (c), (g), and (h) of this section, regulations that are
substantively identical to the provisions of the TR SO2 Group
2 Trading Program set forth in Secs. 97.702 through 97.735 of this
chapter, except that the SIP revision:
(1) May adopt, as TR SO2 Group 2 allowance allocation or
auction provisions replacing the provisions in Secs. 97.711(a) and
(b)(1) and 97.712(a) of this chapter with regard to the control period
in 2014 and any subsequent year, any methodology under which the State
or the permitting authority allocates or auctions TR SO2
Group 2 allowances and that--
(i) Requires the State or the permitting authority to allocate and,
if applicable, auction a total amount of TR SO2 Group 2
allowances for any such control period not exceeding the amount, under
Secs. 97.710(a) and 97.721 of this chapter for the State and such
control period, of the TR SO2 Group 2 trading budget minus
the sum of the Indian country new unit set-aside and the amount of any
TR SO2 Group 2 allowances already allocated and recorded by
the Administrator.
(ii) Requires, to the extent the State adopts provisions for
allocations or auction of TR SO2 Group 2 allowances for any
such control period to any TR SO2 Group 2 units covered by
Sec. 97.711(a) of this chapter, that the State or the permitting
authority submit such allocations or the results of such auctions for
such control period (except allocations or results of auctions to such
units of TR SO2 Group 2 allowances remaining in a set-aside
after completion of the allocations or auctions for which the set-aside
was created) to the Administrator no later than the following dates:
------------------------------------------------------------------------
Year of the control period for which TR Deadline for submission of
SO2 Group 2 allowances are allocated or allocations or auction
auctioned results to administrator
------------------------------------------------------------------------
2014...................................... June 1, 2013.
2015...................................... June 1, 2013.
2016...................................... June 1, 2014.
2017...................................... June 1, 2014.
2018...................................... June 1, 2015.
2019...................................... June 1, 2015.
2020 and any year thereafter.............. June 1 of the fourth year
before the year of the
control period.
------------------------------------------------------------------------
(iii) Requires, to the extent the State adopts provisions for
allocations or auctions of TR SO2 Group 2 allowances for any
such control period to any TR SO2 Group 2 units covered by
Secs. 97.711(b)(1) and 97.712(a) of this chapter, that the State or the
permitting authority submit such allocations or the results of such
auctions (except allocations or results of auctions to such units of TR
SO2 Group 2 allowances remaining in a set-aside after
completion of the allocations or auctions for which the set-aside was
created) to the Administrator by July 1 of the year of such control
period.
(iv) Does not provide for any change, after the submission deadlines
in paragraphs (i)(1)(ii) and (iii) of this section, in the allocations
submitted to the Administrator by such deadlines and does not provide
for any change in any allocation determined and recorded by the
[[Page 87]]
Administrator under subpart DDDDD of part 97 of this chapter;
(2) May adopt, in addition to the definitions in Sec. 97.702 of this
chapter, one or more definitions that shall apply only to terms as used
in the TR SO2 Group 2 allowance allocation or auction
provisions adopted under paragraph (i)(1) of this section;
(3) May substitute the name of the State for the term ``State'' as
used in subpart DDDDD of part 97 of this chapter, to the extent the
Administrator determines that such substitutions do not make substantive
changes in the provisions in Secs. 97.702 through 97.735 of this
chapter; and
(4) Must not include any of the references to, or requirements
imposed on, any unit in Indian country within the borders of the State
in the provisions in Secs. 97.702 through 97.735 of this chapter and
must not include the provisions in Secs. 97.711(b)(2) and 97.712(b), all
of which provisions will continue to apply under the portion of the TR
Federal Implementation Plan that is not replaced by the SIP revision;
(5) Provided that, if and when any covered unit is located in Indian
country within the borders of the State, the Administrator may modify
his or her approval of the SIP revision to exclude the provisions in
Secs. 97.702 (definitions of ``common designated representative'',
``common designated representative's assurance level'', and ``common
designated representative's share''), 97.706(c)(2), 97.725, and the
portions of other provisions referencing these sections and may modify
the portion of the TR Federal Implementation Plan that is not replaced
by the SIP revision to include these provisions;
(6) Provided that the State must submit a complete SIP revision
meeting the requirements of paragraphs (i)(1) through (4) of this
section by December 1 of the year before the year of the deadlines for
submission of allocations or auction results under paragraphs (i)(1)(ii)
and (iii) of this section applicable to the first control period for
which the State wants to make allocations or hold an auction under
paragraphs (i)(1)(ii) and (iii) of this section.
(j) Following promulgation of an approval by the Administrator of a
State's SIP revision as correcting in whole or in part, as appropriate,
the SIP's deficiency that is the basis for the TR Federal Implementation
Plan, the provisions of paragraph (b) and (c) of this section, as
applicable, will no longer apply to sources in the State, unless the
Administrator's approval of the SIP revision is partial or conditional,
and will continue to apply to sources in any Indian country within the
borders of the State.
(k) Notwithstanding the provisions of paragraph (j) of this section,
if, at the time of such approval of the State's SIP revision, the
Administrator has already started recording any allocations of TR
SO2 Group 1 allowances under subpart CCCCC of part 97 of this
chapter, or allocations of TR SO2 Group 2 allowances under
subpart DDDDD of part 97 of this chapter, to units in a State for a
control period in any year, the provisions of subpart CCCCC of part 97
of this chapter authorizing the Administrator to complete the allocation
and recordation of TR SO2 Group 1 allowances, or of subpart
DDDDD of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR SO2 Group 2
allowances, as applicable, to units in the State for each such control
period shall continue to apply, unless provided otherwise by such
approval of the State's SIP revision.
[76 FR 48357, Aug. 8, 2011, as amended at 77 FR 10334, Feb. 21, 2012]
Subpart B_Alabama
Sec. 52.50 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
implementation plan for Alabama under section 110 of the Clean Air Act,
42 U.S.C. 7401, and 40 CFR part 51 to meet national ambient air quality
standards.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to August 1,
2008, for Alabama was approved for incorporation by reference by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. Material is incorporated as it exists on the date of the
approval, and notice of any change in the material will be published in
the
[[Page 88]]
Federal Register. Entries in paragraphs (c) and (d) of this section with
EPA approval dates after August 1, 2008, for Alabama will be
incorporated by reference in the next update to the SIP compilation.
(2) EPA Region 4 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated State
rules/regulations which have been approved as part of the State
Implementation Plan as of the dates referenced in paragraph (b)(1).
(3) Copies of the materials incorporated by reference may be
inspected at the Region 4 EPA Office at 61 Forsyth Street, SW., Atlanta,
GA 30303 the Air and Radiation Docket and Information Center, EPA
Headquarters Library, Infoterra Room (Room Number 3334), EPA West
Building, 1301 Constitution Ave., NW., Washington, DC 20460, and the
National Archives and Records Administration. If you wish to obtain
materials from a docket in the EPA Headquarters Library, please call the
Office of Air and Radiation (OAR) Docket/Telephone number: (202) 566-
1742. For information on the availability of this material at NARA, call
202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/
ibr-locations.html.
(c) EPA Approved Alabama Regulations.
EPA Approved Alabama Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-1 General Provision
----------------------------------------------------------------------------------------------------------------
Section 335-3-1-.01............... Purpose.............. 6/22/89 3/19/90; 55 FR 10062
Section 335-3-1-.02............... Definitions.......... 03/30/10 09/21/10; 75 FR Exclusion of
57390. propylene carbonate
and dimethyl
carbonate from VOC
definition.
Section 335-3-1-.03............... Ambient Air Quality 10/13/98 3/01/99; 64 FR 9918.
Standards.
Section 335-3-1-.04............... Monitoring, Records, 10/15/96 6/06/97; 62 FR 30991
and Reporting.
Section 335-3-1-.05............... Sampling and Test 6/22/89 3/19/90; 55 FR 10062
Methods.
Section 335-3-1-.06............... Compliance Schedule.. 10/15/96 6/06/97; 62 FR 30991
Section 335-3-1-.07............... Maintenance and 10/15/89 3/19/90; 55 FR 10062
Malfunctioning of
Equipment; Reporting.
Section 335-3-1-.08............... Prohibition of Air 8/10/00 12/8/00; 65 FR 76940
Pollution.
Section 335-3-1-.09............... Variances............ 10/15/96 6/6/97; 62 FR 30991.
Section 335-3-1-.10............... Circumvention........ 6/22/89 3/19/90; 55 FR 10062
Section 335-3-1-.11............... Severability......... 10/15/96 6/6/97; 62 FR 30991.
Section 335-3-1-.12............... Bubble Provision..... 6/22/89 3/19/90; 55 FR 10062
Section 335-3-1-.13............... Credible Evidence.... 4/13/99 11/3/99; 64 FR 59633
Section 335-3-1-.14............... Emissions Reporting 4/6/01 7/16/01; 66 FR 36921
Requirements
Relating to Budgets
for NOX Emissions.
Section 335-3-1-.15............... Emissions Inventory 4/3/03 4/24/03; 68 FR 20077
Reporting
Requirements.
----------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-2 Air Pollution Emergency
----------------------------------------------------------------------------------------------------------------
Section 335-3-2-.01............... Air Pollution 6/22/89 3/19/90; 55 FR 10062
Emergency.
Section 335-3-2-.02............... Episode Criteria..... 8/10/00 12/8/00; 65 FR 76940
Section 335-3-2-.03............... Special Episode 6/22/89 3/19/90; 55 FR 10062
Criteria.
Section 335-3-2-.04............... Emission Reduction 6/22/89 3/19/90; 55 FR 10062
Plans.
Section 335-3-2-.05............... Two Contaminant 6/22/89 3/19/90; 55 FR 10062
Episode.
Section 335-3-2-.06............... General Episodes..... 6/22/89 3/19/90; 55 FR 10062
Section 335-3-2-.07............... Local Episodes....... 6/22/89 3/19/90; 55 FR 10062
Section 335-3-2-.08............... Other Sources........ 10/15/96 6/6/97; 62 FR 30991.
Section 335-3-2-.09............... Other Authority Not 6/22/89 3/19/90; 55 FR 10062
Affected.
----------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-3 Control of Open Burning and Incineration
----------------------------------------------------------------------------------------------------------------
Section 335-3-3-.01............... Open Burning......... 4/4/06 6/22/06; 71 FR 35801
Section 335-3-3-.02............... Incinerators......... 6/22/89 3/19/90; 55 FR 10062
Section 335-3-3-.03............... Incineration of Wood, 8/10/00 12/8/00; 65 FR 76940
Peanut, and Cotton
Ginning Waste.
----------------------------------------------------------------------------------------------------------------
[[Page 89]]
Chapter No. 335-3-4 Control of Particulate Emissions
----------------------------------------------------------------------------------------------------------------
Section 335-3-4-.01............... Visible Emissions.... 10/15/96 4/6/2011; 76 FR
18870.
Section 335-3-4-.02............... Fugitive Dust and 10/15/96 6/6/97; 62 FR 30991.
Fugitive Emissions.
Section 335-3-4-.03............... Fuel Burning 10/15/96 6/6/97; 62 FR 30991.
Equipment.
Section 335-3-4-.04............... Process Industries-- 10/15/96 6/6/97; 62 FR 30991.
General.
Section 335-3-4-.05............... Small Foundry Cupola. 6/22/89 3/19/90; 55 FR 10062
Section 335-3-4-.06............... Cotton Gins.......... 6/22/89 3/19/90; 55 FR 10062
Section 335-3-4-.07............... Kraft Pulp Mills..... 10/15/96 6/6/97; 62 FR 30991.
Section 335-3-4-.08............... Wood Waste Boilers... 8/10/00 12/8/00; 65 FR 76940
Section 335-3-4-.09............... Coke Ovens........... 8/10/00 12/8/00; 65 FR 76940
Section 335-3-4-.10............... Primary Aluminum 6/22/89 3/19/90; 55 FR 10062
Plants.
Section 335-3-4-.11............... Cement Plants........ 10/15/96 6/6/97; 62 FR 30991.
Section 335-3-4-.12............... Xylene Oxidation 6/22/89 3/19/90; 55 FR 10062
Process.
Section 335-3-4-.13............... Sintering Plants..... 6/22/89 3/19/90; 55 FR 10062
Section 335-3-4-.14............... Grain Elevators...... 10/15/96 6/6/97; 62 FR 30991.
Section 335-3-4-.15............... Secondary Lead 10/15/96 6/6/97; 62 FR 30991.
Smelters.
Section 335-3-4-.16............... Reserved.............
Section 335-3-4-.17............... Steel Mills Located 10/15/96 6/6/97; 62 FR 30991.
in Etowah County.
----------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-5 Control of Sulfur Compound Emissions
----------------------------------------------------------------------------------------------------------------
Section 335-3-5-.01............... Fuel Combustions..... 10/15/96 6/6/97; 62 FR 30991.
Section 335-3-5-.02............... Sulfuric Acid Plants. 10/15/96 6/6/97; 62 FR 30991.
Section 335-3-5-.03............... Petroleum Production. 8/10/00 12/8/00; 65 FR 76940
Section 335-3-5-.04............... Kraft Pulp Mills..... 8/10/00 12/8/00; 65 FR 76940
Section 335-3-5-.05............... Process Industries-- 6/22/89 3/19/90; 55 FR 10062
General.
Section 335-3-5-.06............... State Clean Air 4/3/07 10/1/07; 72 FR 55659
Interstate Rule
(CAIR) SO2 Trading
Program General
Provisions.
Section 335-3-5-.07............... CAIR Designated 4/3/07 10/1/07; 72 FR 55659
Representative for
CAIR SO2 Sources.
Section 335-3-5-.08............... Permits.............. 04/3/07 10/1/07; 72 FR 55659
Section 335-3-5-.11............... CAIR SO2 Allowance 04/3/07 10/1/07; 72 FR 55659
Tracking System.
Section 335-3-5-.12............... CAIR SO2 Allowance 4/3/07 10/1/07; 72 FR 55659
Transfers.
Section 335-3-5-.13............... Monitoring and 4/3/07 10/1/07; 72 FR 55659
Reporting.
Section 335-3-5-.14............... CAIR SO2 Opt-in Units 4/3/07 10/1/07; 72 FR 55659
----------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-6 Control of Organic Emissions
----------------------------------------------------------------------------------------------------------------
Section 335-3-6-.01............... Applicability........ 10/15/96 6/6/97; 62 FR 30991.
Section 335-3-6-.02............... VOC Water Separation. 6/22/89 3/19/90; 55 FR 10062
Section 335-3-6-.03............... Loading and Storage 6/22/89 3/19/90; 55 FR 10062
of VOC.
Section 335-3-6-.04............... Fixed-Roof Petroleum 10/15/96 6/6/97; 62 FR 30991.
Liquid Storage
Vessels.
Section 335-3-6-.05............... Bulk Gasoline Plants. 10/15/96 6/6/97; 62 FR 30991.
Section 335-3-6-.06............... Bulk Gasoline 8/10/00 12/8/00; 65 FR 76940
Terminals.
Section 335-3-6-.07............... Gasoline Dispensing 10/15/96 6/6/97; 62 FR 30991.
Facilities--Stage I.
Section 335-3-6-.08............... Petroleum Refinery 6/22/89 3/19/90; 55 FR 10062
Sources.
Section 335-3-6-.09............... Pumps and Compressors 6/22/89 3/19/90; 55 FR 10062
Section 335-3-6-.10............... Ethylene Producing 6/22/89 3/19/90; 55 FR 10062
Plants.
Section 335-3-6-.11............... Surface Coating...... 10/15/96 6/6/97; 62 FR 30991.
Section 335-3-6-.12............... Solvent Metal 10/15/96 06/6/97; 62 FR 30991
Cleaning.
Section 335-3-6-.13............... Cutback Asphalt...... 10/15/96 6/6/97; 62 FR 30991.
Section 335-3-6-.14............... Petition for 6/22/89 3/19/90; 55 FR 10062
Alternative Controls.
Section 335-3-6-.15............... Compliance Schedules. 10/15/96 6/6/97; 62 FR 30991.
Section 335-3-6-.16............... Test Methods and 8/10/00 12/8/00; 65 FR 76940
Procedures.
Section 335-3-6-.17............... Manufacture of 10/15/96 6/6/97; 62 FR 30991.
Pneumatic Tires.
Section 335-3-6-.18............... Manufacture of 10/15/96 6/6/97; 62 FR 30991.
Synthesized
Pharmaceutical
Products.
Section 335-3-6-.19............... Reserved.............
Section 335-3-6-.20............... Leaks from Gasoline 10/15/96 6/6/97; 62 FR 30991.
Tank Trucks and
Vapor Collection
Systems.
Section 335-3-6-.21............... Leaks from Petroleum 10/15/96 6/6/97; 62 FR 30991.
Refinery Equipment.
Section 335-3-6-.22............... Graphic Arts......... 10/15/96 6/6/97; 62 FR 30991.
Section 335-3-6-.23............... Petroleum Liquid 10/15/96 6/6/97; 62 FR 30991.
Storage in External
Floating Roof Tanks.
Section 335-3-6-.24............... Applicability........ 10/15/96 6/6/97; 62 FR 30991.
Section 335-3-6-.25............... VOC Water Separation. 6/22/89 3/19/90; 55 FR 10062
Section 335-3-6-.26............... Loading and Storage 6/22/89 3/19/90; 55 FR 10062
of VOC.
[[Page 90]]
Section 335-3-6-.27............... Fixed-Roof Petroleum 10/15/96 6/6/97; 62 FR 30991.
Liquid Storage
Vessels.
Section 335-3-6-.28............... Bulk Gasoline Plants. 10/15/96 6/6/97; 62 FR 30991.
Section 335-3-6-.29............... Gasoline Terminals... 10/15/96 6/6/97; 62 FR 30991.
Section 335-3-6-.30............... Gasoline Dispensing 10/15/96 6/6/97; 62 FR 30991.
Facilities Stage 1.
Section 335-3-6-.31............... Petroleum Refinery 6/22/89 3/19/90; 55 FR 10062
Sources.
Section 335-3-6-.32............... Surface Coating...... 10/15/96 6/6/97; 62 FR 30991.
Section 335-3-6-.33............... Solvent Metal 6/22/89 3/19/90; 55 FR 10062
Cleaning.
Section 335-3-6-.34............... Cutback Asphalt...... 10/15/96 6/6/97; 62 FR 30991.
Section 335-3-6-.35............... Petition for 6/22/89 3/19/90; 55 FR 10062
Alternative Controls.
Section 335-3-6-.36............... Compliances Schedules 10/15/96 6/6/97; 62 FR 30991.
Section 335-3-6-.37............... Test Methods and 10/15/96 6/6/97; 62 FR 30991.
Procedures.
Section 335-3-6-.38............... Manufacture of 6/22/89 3/19/90; 55 FR 10062
Pneumatic Tires.
Section 335-3-6-.39............... Manufacture of 10/15/96 6/6/97; 62 FR 30991.
Synthesized
Pharmaceutical
Products.
Section 335-3-6-.40............... Reserved.............
Section 335-3-6-.41............... Leaks from Gasoline 10/15/96 6/6/97; 62 FR 30991.
Tank Trucks and
Vapor Collection
Systems.
Section 335-3-6-.42............... Leaks from Petroleum 10/15/96 6/6/97; 62 FR 30991.
Refinery Equipment.
Section 335-3-6-.43............... Graphic Arts......... 6/22/89 3/19/90; 55 FR 10062
Section 335-3-6-.44............... Petroleum Liquid 10/15/96 6/6/97; 62 FR 30991.
Storage in External
Floating Roof Tanks.
Section 335-3-6-.45............... Large Petroleum Dry 10/15/96 6/6/97; 62 FR 30991.
Cleaners.
Section 335-3-6-.46............... Aerospace Assembly 6/22/89 6/6/97; 62 FR 30991.
and Component and
Component Coatings
Operation.
Section 335-3-6-.47............... Leaks from Coke by- 10/15/96 6/6/97; 62 FR 30991.
Product Recovery
Plant Equipment.
Section 335-3-6-.48............... Emissions from Coke 10/15/96 6/6/97; 62 FR 30991.
by-Product Recovery
Plant Coke Oven Gas
Bleeder.
Section 335-3-6-.49............... Manufacture of 6/22/89 3/19/90; 55 FR 10062
Laminated
Countertops.
Section 335-3-6-.50............... Paint Manufacture.... 10/15/96 6/6/97; 62 FR 30991.
Section 335-3-6-.53............... List of EPA Approved 6/26/91 9/27/91; 58 FR 50262
and Equivalent Test
Methods and
Procedures for the
Purpose of
Determining VOC
Emissions.
----------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-7 Carbon Monoxide Emissions
----------------------------------------------------------------------------------------------------------------
Section 335-3-7-.01............... Metals Productions... 6/22/89 3/19/90; 55 FR 10062
Section 335-3-7-.02............... Petroleum Processes.. 6/22/89 3/19/90; 55 FR 10062
----------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-8 Nitrogen Oxides Emissions
----------------------------------------------------------------------------------------------------------------
Section 335-3-8-.01............... Standards for 4/6/01 7/17/01; 66 FR 36921
Portland Cement
Kilns.
Section 335-3-8-.02............... Nitric Acid 10/15/96 6/6/97; 62 FR 30991.
Manufacturing.
Section 335-3-8-.03............... NOX Emissions from 10/24/00 11/7/01; 66 FR 56223
Electric Utility
Generating Units.
Section 335-3-8-.04............... Standards for 3/22/05 12/28/05; 70 FR
Stationary 76694.
Reciprocating
Internal Combustion
Engines (Reserved).
Section 335-3-8-.05............... NOX Budget Trading 4/3/07 10/1/07; 72 FR 55659
Program.
Section 335-3-8-.06............... Authorized Account 4/6/01 7/16/01; 66 FR 36921
Representative for
NOX Budget Sources.
Section 335-3-8-.07............... Permits.............. 4/6/01 7/16/01; 66 FR 36921
Section 335-3-8-.08............... Compliance 4/6/01 7/16/01; 66 FR 36921
Certification.
Section 335-3-8-.09............... NOX Allowance 4/6/01 7/16/01; 66 FR 36921
Allocations.
Section 335-3-8-.10............... NOX Allowance 4/3/07 10/1/07; 72 FR 55659
Tracking System.
Section 335-3-8-.11............... NOX Allowance 4/6/01 7/16/01; 66 FR 36921
Transfers.
Section 335-3-8-.12............... Monitoring and 4/6/01 7/16/01; 66 FR 36921
Reporting.
Section 335-3-8-.13............... Individual Unit Opt- 4/6/01 7/16/01; 66 FR 36921
ins.
Section 335-3-8-.14............... New Combustion 4/6/01 7/16/01; 66 FR 36921
Sources.
Section 335-3-8-.16............... CAIR NOX Annual 4/3/07 10/1/07; 72 FR 55659
Budget Trading
Program.
Section 335-3-8-.17............... CAIR Designated 4/3/07 10/1/07; 72 FR 55659
Representative for
CAIR NOX Sources.
Section 335-3-8-.18............... CAIR Permits......... 4/3/07 10/1/07; 72 FR 55659
Section 335-3-8-.20............... CAIR NOX Allowance 4/3/07 10/1/07; 72 FR 55659
Allocations.
Section 335-3-8-.21............... CAIR NOX Allowance 4/3/07 10/1/07; 72 FR 55659
Tracking System.
Section 335-3-8-.23............... CAIR Monitoring and 4/3/07 10/1/07; 72 FR 55659
Reporting.
Section 335-3-8-.24............... CAIR NOX Opt-in Units 4/3/07 10/1/07; 72 FR 55659
[[Page 91]]
Section 335-3-8-.25............... CAIR NOX Ozone Season 4/3/07 10/1/07; 72 FR 55659
Trading Program.
Section 335-3-8-.26............... CAIR Designated 4/3/07 10/1/07; 72 FR 55659
Representative for
CAIR NOX Ozone
Season Sources.
Section 335-3-8-.27............... CAIR NOX Ozone Season 4/3/07 10/1/07; 72 FR 55659
Permits.
Section 335-3-8-.29............... CAIR NOX Ozone Season 4/3/07 10/1/07; 72 FR 55659
Allowance
Allocations.
Section 335-3-8-.30............... CAIR NOX Ozone Season 4/3/07 10/1/07; 72 FR 55659
Allowance Tracking
System.
Section 335-3-8-.32............... CAIR NOX Ozone Season 4/3/07 10/1/07; 72 FR 55659
Monitoring and
Reporting.
Section 335-3-8-.33............... CAIR NOX Ozone Season 4/3/07 10/1/07; 72 FR 55659
Opt-in Units.
----------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-9 Control of Emissions from Motor Vehicles
----------------------------------------------------------------------------------------------------------------
Section 335-3-9-.01............... Visible Emission 10/15/96 6/6/97; 62 FR 30991.
Restriction for
Motor Vehicles.
Section 335-3-9-.02............... Ignition System and 8/10/00 12/8/00; 65 FR 76940
Engine Speed.
Section 335-3-9-.03............... Crankcase Ventilation 8/10/00 12/8/00; 65 FR 76940
Systems.
Section 335-3-9-.04............... Exhaust Emission 6/22/89 3/19/90; 55 FR 10062
Control Systems.
Section 335-3-9-.05............... Evaporative Loss 6/22/89 3/19/90; 55 FR 10062
Control Systems.
Section 335-3-9-.06............... Other Prohibited Acts 8/10/00 12/8/00; 65 FR 76940
Section 335-3-9-.07............... Effective Date....... 10/15/96 6/6/97; 62 FR 30991.
----------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-12 Continuous Monitoring Requirements for Existing Sources
----------------------------------------------------------------------------------------------------------------
Section 335-3-12-.01.............. General.............. 6/22/89 3/19/90; 55 FR 10062
Section 335-3-12-.02.............. Emission Monitoring 2/17/98 9/14/98; 63 FR 49005
and Reporting
Requirements.
Section 335-3-12-.03.............. Monitoring System 6/22/89 3/19/90; 55 FR 10062
Malfunction.
Section 335-3-12-.04.............. Alternate Monitoring 6/22/89 3/19/90; 55 FR 10062
and Reporting
Requirements.
Section 335-3-12-.05.............. Exemptions and 6/22/89 3/19/90; 55 FR 10062
Extensions.
----------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-13 Control of Fluoride Emissions
----------------------------------------------------------------------------------------------------------------
Section 335-3-13-.01.............. General.............. 10/15/96 6/6/97; 62 FR 30991.
Section 335-3-13-.02.............. Superphosphoric Acid 10/15/96 06/6/97; 62 FR 30991
Plants.
Section 335-3-13-.03.............. Diammonium Phosphate 10/15/96 6/6/97; 62 FR 30991.
Plants.
Section 335-3-13-.04.............. Triple 10/15/96 6/6/97; 62 FR 30991.
Superphosphoric
Plants.
Section 335-3-13-.05.............. Granular Triple 10/15/96 6/6/97; 62 FR 30991.
Superphosphoric
Storage Facilities.
Section 335-3-13-.06.............. Wet Process 10/15/96 6/6/97; 62 FR 30991.
Phosphoric Acid
Plants.
----------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-14 Air Permits
----------------------------------------------------------------------------------------------------------------
Section 335-3-14-.01.............. General Provisions... 2/17/98 9/14/98; 63 FR 49008
Section 335-3-14-.02.............. Permit Procedures.... 10/15/96 6/6/97; 62 FR 30991.
Section 335-3-14-.03.............. Standards for 5/23/11 9-26-12; 77 FR
Granting Permits. 59100..
[[Page 92]]
Section 335-3-14-.04.............. Air Permits 5/23/11 9-26-12; 77 FR As of Sept. 26, 2012
Authorizing 59100.. Section 335-3-14-
Construction in .04 does not
Clean Air Areas include Alabama's
[:prevention of revision to adopt
Significant the PM2.5 SILs
Deterioration (PSD)]. threshold and
provisions (as
promulgated in the
October 20, 2010
PM2.5 PSD Increment-
SILs-SMC Rule at 40
CFR 1.166(k)(2) and
the term
``particulate
matter emissions''
(as promulgated in
the May 16, 2008
NSR PM2.5 Rule (at
40 CFR
51.166(b)(49)(vi)).
Section 335-3-14-.05.............. Air Permits 8/10/00 12/8/00; 65 FR 76940
Authorizing
Construction in or
Near Nonattainment
Areas.
----------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-15 Synthetic Minor Operating Permits
----------------------------------------------------------------------------------------------------------------
Section 335-3-15-.01.............. Definitions.......... 10/15/96 6/6/97; 62 FR 30991.
Section 335-3-15-.02.............. General Provisions... 8/10/00 12/8/00; 65 FR 76940
Section 335-3-15-.03.............. Applicability........ 11/23/93 10/20/94; 59 FR
52916.
Section 335-3-15-.04.............. Synthetic Minor 10/15/96 6/6/97; 62 FR 30991.
Operating Permit
Requirements.
Section 335-3-15-.05.............. Public Participation. 10/15/96 6/6/97; 62 FR 30991.
----------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-17 Conformity of Federal Actions to State Implementation Plans
----------------------------------------------------------------------------------------------------------------
Section 335-3-17.01............... Transportation 5/23/11 9-26-12; 77 FR
Conformity. 59100..
Section 335-3-17-.02.............. General Conformity... 5/23/11 9-26-12; 77 FR
59100..
----------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-20 Reserved
----------------------------------------------------------------------------------------------------------------
Section 335-3-20-.01.............. Reserved............. 4/3/12 4/20/12; 77 FR
23619.
Section 335-3-20-.02.............. Reserved............. 4/3/12 4/20/12; 77 FR
23619.
Section 335-3-20-.03.............. Reserved............. 4/3/12 4/20/12; 77 FR
23619.
----------------------------------------------------------------------------------------------------------------
(d) EPA approved Alabama source specific requirements.
EPA Approved Alabama Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
State effective
Name of source Permit No. date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Lafarge Cement Kiln.......... AB70004--1--01.. 2/6/2008 7/30/2009; 74 FR 37945 Certain provisions
of the permit.
Lehigh Cement Kiln........... 4-07-0290-03.... 2/6/2008 7/30/2009; 74 FR 37945 Certain provisions
of the permit.
----------------------------------------------------------------------------------------------------------------
(e) EPA Approved Alabama Non-Regulatory Provisions.
EPA Approved Alabama Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State submittal
Name of nonregulatory SIP geographic or date/effective EPA approval date Explanation
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
Attainment Plan for the Alabama A portion of 10/07/09 10/05/12; 77 FR ..................
Portion of the Chattanooga 1997 Jackson County, 60904.
Annual PM2.5 Nonattainment Area. Alabama.
[[Page 93]]
Birmingham 1990 Baseline Birmingham Ozone 11/13/92 6/4/99; 64 FR
Emissions Inventory. Nonattainment Area. 29961.
Alabama Interagency 1/20/00 5/11/00; 65 FR
Transportation Conformity 30362.
Memorandum of Agreement.
Alabama Fuel Waiver Request-- Birmingham Ozone 12/1/00 11/7/01; 66 FR
Appendix II of Attainment Nonattainment Area. 56220.
Demonstration of the 1-hour
NAAQS for Ozone for the
Birmingham Nonattainment Area.
Attainment Demonstration of the Birmingham Ozone 12/1/00 11/7/01; 66 FR
1-hour NAAQS for Ozone for the Nonattainment Area. 56224.
Birmingham Nonattainment Area.
Maintenance Plan for the Jefferson County 1/30/04 3/12/04; 69 FR
Birmingham area. and Shelby County. 11800.
8-Hour Ozone Maintenance plan Jefferson County 1/26/06 5/12/06...........
for the Birmingham area. and Shelby County.
Conformity SIP for Birmingham Jefferson County, 12/12/08 3/26/09; 74 FR
and Jackson County. Shelby County, 13118.
Jackson County.
110(a)(1) and (2) Infrastructure Alabama............ 12/10/07 7/13/11; 76 FR For the 1997 8-
Requirements for the 1997 8- 41088. hour ozone NAAQS.
Hour Ozone National Ambient Air
Quality Standards.
Chattanooga; Fine Particulate Jackson County..... 7/31/09 2/8/12; 77 FR 6467
Matter 2002 Base Year Emissions
Inventory.
Regional haze plan.............. Statewide.......... 7/15/08 6/28/12........... 77 FR 38515.
110(a)(1) and (2) Infrastructure Alabama............ 7/25/08 10/1/12; 77 FR With the exception
Requirements for 1997 Fine 59755. of sections
Particulate Matter National 110(a)(2)(D)(i)
Ambient Air Quality Standards. and
110(a)(2)(E)(ii).
110(a)(1) and (2) Infrastructure Alabama............ 9/23/09 10/1/12; 77 FR With the exception
Requirements for 2006 Fine 59755. of sections
Particulate Matter National 110(a)(2)(D)(i)
Ambient Air Quality Standards. and
110(a)(2)(E)(ii).
1997 Annual PM2.5 Maintenance Birmingham PM2.5 5/2/11 1/22/13, 78 FR ..................
Plan for the Birmingham Area. Nonattainment Area. 4341.
2006 24-hour PM2.5 Maintenance Birmingham PM2.5 6/17/10 1/25/13, 78 FR
Plan for the Birmingham Area. Nonattainment Area. 5306.
110(a)(1) and (2) Infrastructure Alabama............ 7/25/08 4/12/13, 78 FR Addressing element
Requirements for 1997 Fine 21841. 110(a)(2)(D)(i)(I
Particulate Matter National I) prong 3 only
Ambient Air Quality Standards.
110(a)(1) and (2) Infrastructure Alabama............ 9/23/09 4/12/13, 78 FR Addressing element
Requirements for 2006 Fine 21841. 110(a)(2)(D)(i)(I
Particulate Matter National I) prong 3 only
Ambient Air Quality Standards.
2008 Lead Attainment Troy Area.......... 11/9/12 1/28/14, 79 FR ..................
Demonstration for Troy Area. 4407.
110(a)(1) and (2) Infrastructure Alabama............ 7/25/2008 5/7/2014, 79 FR Addressing prong 4
Requirements for 1997 Fine 26143. of section
Particulate Matter National 110(a)(2)(D)(i)
Ambient Air Quality Standards. only.
[[Page 94]]
110(a)(1) and (2) Infrastructure Alabama............ 9/23/2009 5/7/2014, 79 FR Addressing prong 4
Requirements for 2006 Fine 26143. of section
Particulate Matter National 110(a)(2)(D)(i)
Ambient Air Quality Standards. only.
----------------------------------------------------------------------------------------------------------------
[63 FR 70672, Dec. 22, 1998]
Editorial Note: For Federal Register citations affecting Sec. 52.50,
see the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and at www.fdsys.gov.
Effective Date Note: At 79 FR 33118, June 10, 2014, Sec. 52.50 was
amended by revising the entry for ``Section 335-3-1-.02'', effective
Aug. 11, 2014. For the convenience of the user, the revised text is set
forth as follows:
Sec. 52.50 Identification of plan.
* * * * *
(c) * * *
EPA--Approved Alabama Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Chapter 335-3-1--General Provisions
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
Section 335-3-1-.02.............. Definitions........ 9/24/2013 6/10/2014, 79 FR
33116.
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
* * * * *
Sec. 52.51 Classification of regions.
The Alabama plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
----------------------------------------------------------
Air quality control region Photochemical
Particulate Sulfur Nitrogen Carbon oxidants
matter oxides dioxide monoxide (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Alabama & Tombigbee Rivers Intrastate................ II III III III III
Columbus (Georgia)-Phenix City (Alabama) Interstate.. I III III III III
East Alabama Intrastate.............................. I III III III III
Metropolitan Birmingham Intrastate................... I II III I I
Mobile (Alabama)-Pensacola-Panama City (Florida)- I I III III I
Southern Mississippi Interstate.....................
Southeast Alabama Intrastate......................... II III III III III
Tennessee River Valley (Alabama)-Cumberland Mountains I I III III III
(Tennessee) Interstate..............................
----------------------------------------------------------------------------------------------------------------
[37 FR 10847, May 31, 1972]
Sec. 52.53 Approval status.
With the exceptions set forth in this subpart, the Administrator
approves Alabama's plan for the attainment and maintenance of the
national standards under section 110 of the Clean Air Act. Furthermore,
the Administrator finds
[[Page 95]]
that the plan satisfies all requirements of part D, title 1, of the
Clean Air Act as amended in 1977.
[79 FR 30050, May 27, 2014]
Sec. 52.54 Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?
(a)(1) The owner and operator of each source and each unit located
in the State of Alabama and for which requirements are set forth under
the TR NOX Annual Trading Program in subpart AAAAA of part 97
of this chapter must comply with such requirements. The obligation to
comply with such requirements will be eliminated by the promulgation of
an approval by the Administrator of a revision to Alabama's State
Implementation Plan (SIP) as correcting the SIP's deficiency that is the
basis for the TR Federal Implementation Plan under Sec. 52.38(a), except
to the extent the Administrator's approval is partial or conditional.
(2) Notwithstanding the provisions of paragraph (a)(1) of this
section, if, at the time of the approval of Alabama's SIP revision
described in paragraph (a)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Annual
allowances under subpart AAAAA of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
AAAAA of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR NOX Annual
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.
(b)(1) The owner and operator of each source and each unit located
in the State of Alabama and for which requirements are set forth under
the TR NOX Ozone Season Trading Program in subpart BBBBB of
part 97 of this chapter must comply with such requirements. The
obligation to comply with such requirements will be eliminated by the
promulgation of an approval by the Administrator of a revision to
Alabama's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the TR Federal Implementation Plan
under Sec. 52.38(b), except to the extent the Administrator's approval
is partial or conditional.
(2) Notwithstanding the provisions of paragraph (b)(1) of this
section, if, at the time of the approval of the Alabama's SIP revision
described in paragraph (b)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Ozone
Season allowances under subpart BBBBB of part 97 of this chapter to
units in the State for a control period in any year, the provisions of
subpart BBBBB of part 97 of this chapter authorizing the Administrator
to complete the allocation and recordation of TR NOX Ozone
Season allowances to units in the State for each such control period
shall continue to apply, unless provided otherwise by such approval of
the State's SIP revision.
[76 FR 48361, Aug. 8, 2011]
Sec. 52.55 Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?
(a) The owner and operator of each source and each unit located in
the State of Alabama and for which requirements are set forth under the
TR SO2 Group 2 Trading Program in subpart DDDDD of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements will be eliminated by the promulgation of
an approval by the Administrator of a revision to Alabama's State
Implementation Plan (SIP) as correcting the SIP's deficiency that is the
basis for the TR Federal Implementation Plan under Sec. 52.39, except to
the extent the Administrator's approval is partial or conditional.
(b) Notwithstanding the provisions of paragraph (a) of this section,
if, at the time of the approval of Alabama's SIP revision described in
paragraph (a) of this section, the Administrator has already started
recording any allocations of TR SO2 Group 2 allowances under
subpart DDDDD of part 97 of this chapter to units in the State for a
control period in any year, the provisions of subpart DDDDD of part 97
of this chapter authorizing the Administrator to complete the allocation
and recordation of TR SO2 Group 2 allowances to units in the
State for each such control
[[Page 96]]
period shall continue to apply, unless provided otherwise by such
approval of the State's SIP revision.
[76 FR 48361, Aug. 8, 2011]
Sec. 52.56 [Reserved]
Sec. 52.57 Control strategy: Sulfur oxides.
(a) The requirements of Subpart G of this chapter are not met since
the Alabama plan does not provide for attainment and maintenance of the
national standards for sulfur oxides in the vicinity of the Widows Creek
Power Plant in Jackson County, Alabama. Therefore, Part 5.1, Fuel
Combustion, of Chapter 5, Control of Sulfur Compound Emissions, of the
rules and regulations of the State of Alabama, as adopted by the Alabama
Air Pollution Control Commission on May 29, 1973, and amended on March
25, 1975, which is part of the revised sulfur oxide control strategy, is
disapproved as it applies to the Widows Creek Plant. Part 5.1 of the
Alabama rules and regulations as adopted on January 18, 1972, remains
the implementation plan regulation applicable to that source.
(b) [Reserved]
[41 FR 42674, Sept. 28, 1976, as amended at 51 FR 40676, Nov. 7, 1986]
Sec. 52.58 Control strategy: Lead.
The lead plan submitted by the State on March 24, 1982, is
disapproved because it fails to provide for the attainment of the lead
standard throughout Alabama. The lead plan submitted by the State on
October 7, 1985, and November 13, 1986, for Jefferson County is
conditionally approved on the condition that the State by October 1,
1987, determine what additional control measures may be necessary, if
any, to assure attainment and maintenance as expeditiously as
practicable but no later than the applicable attainment deadline and
submit those measures to EPA for approval, together with an appropriate
demonstration of attainment. The provisions in the regulation submitted
on October 7, 1985, that give the Jefferson County Health Officer
discretion to vary the requirements of the regulation are approved as
limits on that discretion, but any variances that may result from those
provisions are not approved in advance and hence change the applicable
implementation plan only when approved by EPA on a case-by-case basis.
[49 FR 18738, May 2, 1984, as amended at 52 FR 4291, Feb. 11, 1987]
Sec. 52.60 Significant deterioration of air quality.
(a) All applications and other information required pursuant to
Sec. 52.21 from sources located in the State of Alabama shall be
submitted to the State agency, Alabama Department of Environmental
Management, P.O. Box 301463, Montgomery, Alabama 36130-1463, rather than
to EPA's Region 4 office.(b) On March 24, 1987, the Alabama Department
of Environmental Management submitted a letter committing the State of
Alabama to require that modeling for PSD permits be done only in
accordance with the ``Guideline on Air Quality Models (Revised)'' or
other models approved by EPA.
[42 FR 22869, May 5, 1977, as amended at 46 FR 55518, Nov. 10, 1981; 52
FR 48812, Dec. 28, 1987; 74 FR 55143, Oct. 27, 2009]
Sec. 52.61 Visibility protection.
(a) [Reserved]
(b) Long-term strategy. The provisions of Sec. 52.29 are hereby
incorporated into the applicable plan for the State of Alabama.
(c) Regional Haze. The requirements of section 169A of the Clean Air
Act are not met because the regional haze plan submitted by Alabama on
July 15, 2008, does not include fully approvable measures for meeting
the requirements of 40 CFR 51.308(d)(3) and 51.308(e) with respect to
emissions of NOX and SO2 from electric generating
units. EPA has given limited disapproval to the plan provisions
addressing these requirements.
[52 FR 45138, Nov. 24, 1987, as amended at 77 FR 33656, June 7, 2012; 77
FR 38523, June 28, 2012]
Sec. 52.62 Control strategy: Sulfur oxides and particulate matter.
In a letter dated May 29, 1987, the Alabama Department of Health and
Environmental Control certified that no emission limits in the State's
plan are based on dispersion techniques not
[[Page 97]]
permitted by EPA's stack height rules. The certification does not apply
to: Alabama Electric Cooperative--Lowman Steam Plant; Alabama Power
Company-Gorgas Steam Plant, Gaston Steam Plant, Greene County Steam
Plant, Gadsden Steam Plant, Miller Steam Plant, and Barry Steam Plant;
Alabama River Pulp; Champion International Corporation; Container
Corporation of America; Exxon Company's Big Escambia Creek Treating
Facility; General Electric's Burkville Plant; International Paper; Scott
Paper Company; Tennessee Valley Authority's Colbert, and Widows Creek
Steam Plant; Union Camp Corporation; and U.S. Steel.
(a) Determination of Attaining Data. EPA has determined, as of
September 20, 2010, the Birmingham, Alabama, nonattainment area has
attaining data for the 2006 24-hour PM2.5 NAAQS. This clean
data determination, in accordance with 40 CFR 51.1004(c), suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as this area continues to meet
the 2006 24-hour PM2.5 NAAQS.
(b) Determination of Attaining Data. EPA has determined, as of May
31, 2011, the Chattanooga, Tennessee, nonattainment area has attaining
data for the 1997 annual PM2.5 NAAQS. This determination, in
accordance with 40 CFR 52.1004(c), suspends the requirements for this
area to submit an attainment demonstration, associated reasonably
available control measures, a reasonable further progress plan,
contingency measures, and other planning SIPs related to attainment of
the standard for as long as this area continues to meet the 1997 annual
PM2.5 NAAQS.
(c) Determination of attaining data. EPA has determined, as of June
29, 2011, the Birmingham, Alabama, nonattainment area has attaining data
for the 1997 annual PM2.5 NAAQS. This determination, in
accordance with 40 CFR 52.1004(c), suspends the requirements for this
area to submit an attainment demonstration, associated reasonably
available control measures, a reasonable further progress plan,
contingency measures, and other planning SIPs related to attainment of
the standard for as long as this area continues to meet the 1997 annual
PM2.5 NAAQS.
(d) Disapproval. EPA is disapproving portions of Alabama's
Infrastructure SIP for the 2006 24-hour PM2.5 NAAQS
addressing interstate transport, specifically with respect to section
110(a)(2)(D)(i)(I).
(e) Disapproval. EPA is disapproving portions of Alabama'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.
[55 FR 5846, Feb. 20, 1990, as amended at 75 FR 57187, Sept. 20, 2010;
76 FR 31241, May 31, 2011; 76 FR 38024, June 29, 2011; 76 FR 43136, July
20, 2011; 77 FR 62452, Oct. 15, 2012]
Sec. 52.63 PM10 State Implementation Plan development in group II areas.
On March 15, 1989, the State submitted a committal SIP for the
cities of Leeds and North Birmingham in Jefferson County. The committal
SIP contains all the requirements identified in the July 1, 1987,
promulgation of the SIP requirements for PM10 at 52 FR 24681.
The SIP commits the State to submit an emissions inventory, continue to
monitor for PM10, report data and to submit a full SIP if a
violation of the PM10 and National Ambient Air Quality
Standards is detected.
[56 FR 32514, July 17, 1991]
Sec. 52.64 Determination of attainment.
Based upon EPA's review of the air quality data for the 3-year
period 2007-2009, EPA determined that the Chattanooga, Alabama-Georgia-
Tennessee PM2.5 nonattainment area attained the 1997 annual
PM2.5 NAAQS by the applicable attainment date of April 5,
2010. Therefore, EPA has met the requirement pursuant to CAA section
179(c) to determine, based on the Area's air quality as of the
attainment date, whether the Area attained the standard. EPA also
determined that the Chattanooga, Alabama-Georgia-Tennessee
PM2.5 nonattainment area is not
[[Page 98]]
subject to the consequences of failing to attain pursuant to section
179(d).
[76 FR 55575, Sept. 8, 2011]
Sec. 52.65 Control Strategy: Nitrogen oxides.
On October 22, 1990, the Alabama Department of Environmental
Management submitted a revision to Chapter 2, Control Strategy, by
adding subsection 4.2.3. This revision addressed the strategy Alabama is
using to implement provisions of the Prevention of Significant
Deterioration regulations for nitrogen oxides.
[57 FR 24370, June 9, 1992]
Sec. 52.66 [Reserved]
Sec. 52.69 Original identification of plan section.
(a) This section identified the original ``Air Implementation Plan
for the State of Alabama'' and all revisions submitted by Alabama that
were federally approved prior to December 1, 1998. The information in
this section is available in the 40 CFR, part 52 edition revised as of
July 1, 1999, the 40 CFR, part 52, Volume 1 of 2 (Secs. 52.01 to
52.1018) editions revised as of July 1, 2000 through July 1, 2011, and
the 40 CFR, part 52, Volume 1 of 3 (Secs. 52.01 to 52.1018) editions
revised as of July 1, 2012.
(b)-(c) [Reserved]
[79 FR 30050, May 27, 2014]
Subpart C_Alaska
Sec. 52.70 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
implementation plan for the State of Alaska under section 110 of the
Clean Air Act, 42 U.S.C. 7401-7671q and 40 CFR part 51 to meet national
ambient air quality standards.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to March 4,
2014, 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 March 4, 2014, will be incorporated by reference in
the next update to the SIP compilation.
(2) The EPA Region 10 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 State
Implementation Plan as of March 4, 2014.
(3) Copies of the materials incorporated by reference may be
inspected at the EPA Region 10 Office at 1200 Sixth Avenue, Seattle WA,
98101; 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; 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.
EPA-Approved Alaska Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
State effective
State citation Title/subject date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50)
----------------------------------------------------------------------------------------------------------------
18 AAC 50 Article 1. Ambient Air Quality Management
----------------------------------------------------------------------------------------------------------------
18 AAC 50.005................... Purpose and 10/1/04........... 8/14/07, 72 FR
Applicability of 45378.
Chapter.
18 AAC 50.010................... Ambient Air 10/1/04; 4/1/10... 8/14/07, 72 FR except subsections
Quality Standards. 45378; 10/22/12, (7) and (8).
77 FR 64425.
18 AAC 50.015................... Air Quality 10/1/04........... 8/14/07, 72 FR
Designations, 45378.
Classifications,
and Control
Regions.
[[Page 99]]
18 AAC 50.020................... Baseline Dates and 10/1/04........... 8/14/07, 72 FR
Maximum Allowable 45378.
Increases.
18 AAC 50.025................... Visibility and 6/21/98........... 8/14/07, 72 FR
Other Special 45378.
Protection Areas.
18 AAC 50.035................... Documents, 12/3/05; 4/1/10... 8/14/07, 72 FR except (b)(4).
Procedures and 45378; 10/22/12,
Methods Adopted 77 FR 64425.
by Reference.
18 AAC 50.040................... Federal Standards 12/3/05; 12/9/10.. 8/14/07, 72 FR except (a), (b),
Adopted by 45378; 2/9/11, 76 (c), (d), (e),
Reference. FR 7116; 10/22/ (g), (h)(17),
12, 77 FR 64425. (h)(18), (h)(19),
(i)(7), (i)(8),
(i)(9), and (j).
18 AAC 50.045................... Prohibitions...... 10/1/04........... 8/14/07, 72 FR
45378.
18 AAC 50.050................... Incinerator 5/3/02............ 8/14/07, 72 FR
Emission 45378.
Standards.
18 AAC 50.055................... Industrial 10/1/04........... 8/14/07, 72 FR except (d)(2)(B).
Processes and 45378.
Fuel-Burning
Equipment.
18 AAC 50.060................... Pulp Mills........ 1/18/97........... 11/18/98, 63 FR
63983.
18 AAC 50.065................... Open Burning...... 1/18/97........... 11/18/98, 63 FR
63983.
18 AAC 50.070................... Marine Vessel 6/21/98........... 8/14/07, 72 FR
Visible Emission 45378.
Standards.
18 AAC 50.075................... Wood-Fired Heating 5/6/09............ 5/9/13, 78 FR
Device Visible 27078.
Emission
Standards.
18 AAC 50.080................... Ice Fog Standards. 1/18/97........... 8/14/07, 72 FR
45378.
18 AAC 50.100................... Nonroad Engines... 10/1/04........... 8/14/07, 72 FR
45378.
18 AAC 50.110................... Air Pollution 5/26/72........... 5/31/72, 37 FR
Prohibited. 10842.
----------------------------------------------------------------------------------------------------------------
18 AAC 50 Article 2. Program Administration
----------------------------------------------------------------------------------------------------------------
18 AAC 50.200................... Information 10/1/04........... 8/14/07, 72 FR
Requests. 45378.
18 AAC 50.201................... Ambient Air 10/1/04........... 8/14/07, 72 FR
Quality 45378.
Investigation.
18 AAC 50.205................... Certification..... 10/1/04........... 8/14/07, 72 FR
45378.
18 AAC 50.215................... Ambient Air 10/1/04; 4/1/10... 8/14/07, 72 FR except (a)(3).
Quality Analysis 45378; 10/22/12,
Methods. 77 FR 64425.
18 AAC 50.220................... Enforceable Test 10/1/04........... 8/14/07, 72 FR except (c)(2).
Methods. 45378.
18 AAC 50.225................... Owner-Requested 1/29/05........... 8/14/07, 72 FR
Limits. 45378.
18 AAC 50.230................... Preapproved 1/29/05........... 8/14/07, 72 FR except (d).
Emission Limits. 45378.
18 AAC 50.240................... Excess Emissions.. 1/18/97........... 11/18/98, 63 FR
63983.
18 AAC 50.245................... Air Episodes and 10/1/04........... 8/14/07, 72 FR
Advisories. 45378.
18 AAC 50.250................... Procedures and 10/1/04........... 8/14/07, 72 FR
Criteria for 45378.
Revising Air
Quality
Classifications.
18 AAC 50.260................... Guidelines for 12/30/07.......... 2/14/13, 78 FR
Best Available 10546.
Retrofit
Technology under
the Regional Haze
Rule.
----------------------------------------------------------------------------------------------------------------
18 AAC 50 Article 3. Major Stationary Source Permits
----------------------------------------------------------------------------------------------------------------
18 AAC 50.301................... Permit Continuity. 10/1/04........... 8/14/07, 72 FR
45378.
18 AAC 50.302................... Construction 10/1/04........... 8/14/07, 72 FR
Permits. 45378.
18 AAC 50.306................... Prevention of 10/1/04........... 8/14/07, 72 FR except (b)(2) and
Significant 45378. (b)(3).
Deterioration
(PSD) Permits.
18 AAC 50.311................... Nonattainment Area 10/1/04........... 8/14/07, 72 FR
Major Stationary 45378.
Source Permits.
18 AAC 50.345................... Construction and 10/1/04........... 8/14/07, 72 FR except (b),
Operating 45378. (c)(3), and (l).
Permits: Standard
Permit Conditions.
----------------------------------------------------------------------------------------------------------------
[[Page 100]]
18 AAC 50 Article 5. Minor Permits
----------------------------------------------------------------------------------------------------------------
18 AAC 50.502................... Minor Permits for 12/3/05........... 8/14/07, 72 FR except (g)(1) and
Air Quality 45378. (g)(2).
Protection.
18 AAC 50.508................... Minor Permits 10/1/04........... 8/14/07, 72 FR except (1) and
Requested by the 45378. (2).
Owner or Operator.
18 AAC 50.540................... Minor Permit: 12/3/05........... 8/14/07, 72 FR except (f) and
Application. 45378. (g).
18 AAC 50.542................... Minor Permit: 12/1/04........... 8/14/07, 72 FR except (b)(2),
Review and 45378. (f)(4), (f)(5),
Issuance. and (g)(1) but
only with respect
to clean units
and pollution
control projects.
18 AAC 50.544................... Minor Permits: 1/29/05........... 8/14/07, 72 FR except (e).
Content. 45378.
18 AAC 50.546................... Minor Permits: 10/1/04........... 8/14/07, 72 FR except (b).
Revisions. 45378.
18 AAC 50.560................... General Minor 10/1/04........... 8/14/07, 72 FR
Permits. 45378.
----------------------------------------------------------------------------------------------------------------
18 AAC 50 Article 7. Conformity
----------------------------------------------------------------------------------------------------------------
18 AAC 50.700................... Purpose of 18 AAC 9/4/98............ 12/29/99, 64 FR
50.700-18 AAC 72940.
50.785.
18 AAC 50.705................... Coverage of 18 AAC 9/4/98............ 12/29/99, 64 FR
50.710-18 AAC 72940.
50.735:
Obligations of
Responsible
Agency.
18 AAC 50.710................... Transportation 9/4/98............ 12/29/99, 64 FR exceptions--IBR
Conformity: 72940. 93.102(c)&(d);
Incorporation by 93.104(d)&(e)(2);
Reference of 93.109(c)-(f);
Federal 93.118(e);
Regulations. 93.119(f)(3);
93.120(a)(2);
93.121(a)(1) &
(b); 93.124(b).
18 AAC 50.715................... Transportation 9/4/98............ 12/29/99, 64 FR
Conformity: 72940.
Interagency
Consultation
Procedures.
18 AAC 50.720................... Transportation 9/4/98............ 12/29/99, 64 FR
Conformity: 72940.
Public
Involvement.
18 AAC 50.725................... General 1/4/95............ 9/27/95, 60 FR
Conformity: 49765.
Incorporation by
Reference of
Federal
Regulations.
18 AAC 50.730................... General 1/4/95............ 9/27/95, 60 FR
Conformity: 49765.
Mitigation of Air
Quality Impacts.
18 AAC 50.735................... General 1/4/95............ 9/27/95, 60 FR
Conformity: 49765.
Frequency of
Conformity
Determinations.
----------------------------------------------------------------------------------------------------------------
18 AAC 50 Article 9. General Provisions
----------------------------------------------------------------------------------------------------------------
18 AAC 50.900................... Small Business 10/1/04........... 8/14/07, 72 FR
Assistance 45378.
Program.
18 AAC 50.990................... Definitions....... 10/1/04; 4/1/10; 8/14/07, 72 FR except (21) and
12/9/10. 45378; 10/22/12, (77).
77 FR 64425.
----------------------------------------------------------------------------------------------------------------
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 52 Emissions Inspection and Maintenance
Requirements (18 AAC 52)
----------------------------------------------------------------------------------------------------------------
18 AAC 52 Article 1. Emissions Inspection and Maintenance Requirements
----------------------------------------------------------------------------------------------------------------
18 AAC 52.005................... Applicability and 5/17/08........... 3/22/10, 75 FR
General 13436.
Requirements.
[[Page 101]]
18 AAC 52.007................... Suspension and 5/17/08........... 3/22/10, 75 FR
Reestablishment 13436.
of I/M
Requirements.
18 AAC 52.010................... I/M Program 2/18/06........... 3/22/10, 75 FR
Administration 13436.
Office.
18 AAC 52.015................... Motor Vehicle 2/18/06........... 3/22/10, 75 FR
Maintenance 13436.
Requirements.
18 AAC 52.020................... Certificate of 2/18/06........... 3/22/10, 75 FR
Inspection 13436.
Requirements.
18 AAC 52.025................... Visual 2/18/06........... 3/22/10, 75 FR
Identification of 13436.
Certificate of
Inspection,
Waivers, and
Exempt Vehicles.
18 AAC 52.030................... Department- 2/1/94............ 4/5/95, 60 FR
Administered I/M 17232.
Program.
18 AAC 52.035................... I/M Program 3/27/02........... 3/22/10, 75 FR
Administered by 13436.
an Implementing
Agency.
18 AAC 52.037................... Reporting 2/18/06........... 3/22/10, 75 FR
Requirements for 13436.
an I/M Program
Administered by
an Implementing
Agency.
18 AAC 52.040................... Centralized 2/1/94............ 4/5/95, 60 FR
Inspection 17232.
Program.
18 AAC 52.045................... Decentralized 2/1/94............ 4/5/95, 60 FR
Inspection 17232.
Program.
18 AAC 52.050................... Emissions 3/27/02........... 3/22/10, 75 FR
Standards. 13436.
18 AAC 52.055................... Alternative 1/1/00............ 1/8/02, 67 FR 822.
Requirements,
Standards and
Test Procedures.
18 AAC 52.060................... Waivers........... 5/17/08........... 3/22/10, 75 FR
13436.
18 AAC 52.065................... Emissions-Related 1/1/00............ 1/8/02, 67 FR 822.
Repair Cost
Minimum.
18 AAC 52.070................... Referee Facility.. 3/27/02........... 3/22/10, 75 FR
13436.
18 AAC 52.075................... Kit Cars and 2/1/94............ 4/5/95, 60 FR
Custom- 17232.
Manufactured
Vehicles.
18 AAC 52.080................... Grey Market 3/27/02........... 3/22/10, 75 FR
Vehicles. 13436.
18 AAC 52.085................... Vehicle 2/18/06........... 3/22/10, 75 FR
Modifications. 13436.
18 AAC 52.090................... Repair of 1/1/98............ 12/29/99, 64 FR
Nonconforming 72940.
Vehicles.
18 AAC 52.095................... Minimum 1/1/98............ 12/29/99, 64 FR
Certification 72940.
Requirements.
18 AAC 52.100................... Enforcement 12/14/06.......... 3/22/10, 75 FR
Procedures for 13436.
Violations by
Motorists.
18 AAC 52.105................... Enforcement 1/1/00............ 1/8/02, 67 FR 822.
Procedures for
Violations by
Certified
Mechanics or
Stations.
----------------------------------------------------------------------------------------------------------------
18 AAC 52 Article 4. Certification Requirements
----------------------------------------------------------------------------------------------------------------
18 AAC 52.400................... Mechanic 1/1/98............ 12/29/99, 64 FR
Certification. 72940.
18 AAC 52.405................... Certified Mechanic 3/27/02........... 3/22/10, 75 FR
Examinations. 13436.
18 AAC 52.410................... Training Course 2/18/06........... 3/22/10, 75 FR
Certification. 13436.
18 AAC 52.415................... I/M Station 1/1/00............ 1/8/02, 67 FR 822.
Certification.
18 AAC 52.420................... Equipment 1/1/00............ 1/8/02, 67 FR 822.
Certification.
18 AAC 52.425................... Renewal of 1/1/98............ 12/29/99, 64 FR
Certification. 72940.
18 AAC 52.430................... Duty to Report 2/1/94............ 4/5/95, 60 FR
Change in Status. 17232.
18 AAC 52.440................... Monitoring of 1/1/00............ 1/8/02, 67 FR 822.
Certified
Mechanics and
Stations.
18 AAC 52.445................... Suspension or 2/1/94............ 4/5/95, 60 FR
Revocation of 17232.
Certification.
----------------------------------------------------------------------------------------------------------------
[[Page 102]]
18 AAC 52 Article 5. Certified Station Requirements
----------------------------------------------------------------------------------------------------------------
18 AAC 52.500................... General Operating 1/1/00............ 1/8/02, 67 FR 822.
Requirements.
18 AAC 52.505................... Display of 2/1/94............ 4/5/95, 60 FR
Certified Station 17232.
Sign.
18 AAC 52.510................... Display of 2/18/06........... 3/22/10, 75 FR
Certificates. 13436.
18 AAC 52.515................... Inspection Charges 2/18/06........... 3/22/10, 75 FR
13436.
18 AAC 52.520................... Required Tools and 2/18/06........... 3/22/10, 75 FR
Equipment. 13436.
18 AAC 52.525................... Remote Station 1/1/00............ 1/8/02, 67 FR 822.
Operation.
18 AAC 52.527................... Prescreening 1/1/00............ 1/8/02, 67 FR 822.
Prohibited.
18 AAC 52.530................... Preliminary 1/1/00............ 1/8/02, 67 FR 822.
Inspection.
18 AAC 52.535................... Test Abort 3/27/02........... 3/22/10, 75 FR
Conditions. 13436.
18 AAC 52.540................... Official I/M 3/27/02........... 3/22/10, 75 FR
Testing. 13436.
18 AAC 52.545................... Parts on Order.... 1/1/98............ 12/29/99, 64 FR
72940.
18 AAC 52.546................... Unavailable Parts. 1/1/98............ 12/29/99, 64 FR
72940.
18 AAC 52.550................... Recordkeeping 2/1/94............ 4/5/95, 60 FR
Requirements. 17232.
----------------------------------------------------------------------------------------------------------------
18 AAC 52 Article 9. General Provisions
----------------------------------------------------------------------------------------------------------------
18 AAC 52.990................... Definitions....... 2/18/06........... 3/22/10, 75 FR
13436.
----------------------------------------------------------------------------------------------------------------
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 53 Fuel Requirements For Motor Vehicles
(18 AAC 53)
----------------------------------------------------------------------------------------------------------------
18 AAC 53 Article 1. Oxygenated Gasoline Requirements
----------------------------------------------------------------------------------------------------------------
18 AAC 53.005................... Purpose and 10/31/97.......... 12/29/99, 64 FR
Applicability; 72940.
General
Requirements.
18 AAC 53.007................... Dispenser Labeling 10/31/97.......... 12/29/99, 64 FR
72940.
18 AAC 53.010................... Control Periods 2/20/04........... 6/23/04, 69 FR
and Control Areas. 34935.
18 AAC 53.020................... Required Oxygen 10/31/97.......... 12/29/99, 64 FR
Content. 72940.
18 AAC 53.030................... Sampling, Testing 10/31/97.......... 12/29/99, 64 FR
and Oxygen 72940.
Content
Calculations.
18 AAC 53.035................... Per Gallon Method 10/31/97.......... 12/29/99, 64 FR
of Compliance. 72940.
18 AAC 53.040................... Averaging Oxygen 10/31/97.......... 12/29/99, 64 FR
Content Method of 72940.
Compliance.
18 AAC 53.045................... Oxygen Credits and 10/31/97.......... 12/29/99, 64 FR
Debits. 72940.
18 AAC 53.060................... Oxygenated 10/31/97.......... 12/29/99, 64 FR
Gasoline Blending. 72940.
18 AAC 53.070................... Registration and 10/31/97.......... 12/29/99, 64 FR
Permit. 72940.
18 AAC 53.080................... Car Fees.......... 12/30/00.......... 1/08/02, 67 FR 822
18 AAC 53.090................... Recordkeeping..... 10/31/97.......... 12/29/99, 64 FR
72940.
18 AAC 53.100................... Reporting......... 10/31/97.......... 12/29/99, 64 FR
72940.
18 AAC 53.105................... Product Transfer 10/31/97.......... 12/29/99, 64 FR
Document. 72940.
18 AAC 53.120................... Inspection and 10/31/97.......... 12/29/99, 64 FR
Sampling. 72940.
18 AAC 53.130................... Liability for 10/31/97.......... 12/29/99, 64 FR
Violation. 72940.
18 AAC 53.140................... Defenses for 10/31/97.......... 12/29/99, 64 FR
Violation. 72940.
18 AAC 53.150................... Temporary 10/31/97.......... 12/29/99, 64 FR
Variances. 72940.
18 AAC 53.160................... Quality Assurance 10/31/97.......... 12/29/99, 64 FR
Program. 72940.
18 AAC 53.170................... Attest Engagements 10/31/97.......... 12/29/99, 64 FR
72940.
18 AAC 53.190................... Suspension and 2/20/04........... 6/23/04, 69 FR
Reestablishment 34935.
of Control Period.
----------------------------------------------------------------------------------------------------------------
18 AAC 53 Article 9. General Provisions
----------------------------------------------------------------------------------------------------------------
18 AAC 53.990................... Definitions....... 10/31/97.......... 12/29/99, 64 FR
72940.
----------------------------------------------------------------------------------------------------------------
[[Page 103]]
City and County Ordinances
----------------------------------------------------------------------------------------------------------------
Anchorage Municipal Code Improvement 1/16/87 (City 8/13/93, 58 FR Eagle River PM
21.85.030. Requirements by effective date). 43084. Plan--Contingency
Improvement Area. Plan.
Anchorage Municipal Code Paving............ 9/24/91 (City 8/13/93, 58 FR Section W.7. Eagle
21.45.080.W.7. effective date). 43084. River PM Plan--
Contingency Plan.
Fairbanks North Star Borough Mandating a 4/12/01 (City 2/4/02, 67 FR 5064 Fairbanks
Ordinance No. 2001-17. Fairbanks North adoption date). Transportation
Star Borough Control Program--
Motor Vehicle Carbon Monoxide.
Plug-in Program.
Fairbanks North Star Borough An Ordinance 10/30/03 (City 7/27/04, 69 FR Fairbanks Carbon
Ordinance No. 2003-71. amending the adoption date). 44601. Monoxide
Carbon Monoxide Maintenance Plan.
Emergency Episode
Prevention Plan
including
implementing a
Woodstove Control
Ordinance.
Ordinance of the City and An Ordinance 1/6/92 (City 3/24/94, 59 FR Mendenhall Valley
Borough of Juneau, No. 91-52. amending the Wood adoption date). 13884. PM Plan.
smoke control
code to lower the
particulate count
threshold, and to
prohibit the
burning in
woodstoves of
substances other
than paper,
cardboard and
untreated wood.
Ordinance of the City and An Ordinance 1/6/92 (City 3/24/94, 59 FR Mendenhall Valley
Borough of Juneau, No. 91-53. amending the wood adoption date). 13884. PM Plan.
smoke control
fine schedule to
increase the
fines for
violations of the
wood smoke
control code.
Ordinance of the City and Setting boundaries 2/8/93 (City 3/24/94, 59 FR Mendenhall Valley
Borough of Juneau No. 93-01. for regrading and adoption date). 13884. PM Plan.
surfacing.
Ordinance of the City and Setting boundaries 4/5/93 (City 3/24/94, 59 FR Mendenhall Valley
Borough of Juneau, No. 93-06. for regrading and adoption date). 13884. PM Plan.
surfacing.
Ordinance of the City and An Ordinance 11/17/93 (City 3/24/94, 59 FR Mendenhall Valley
Borough of Juneau, No. 93-39am. creating Local adoption date). 13884. PM Plan.
Improvement
District No. 77
of the City and
Borough, setting
boundaries for
drainage and
paving of streets
in the Mendenhall
Valley.
Anchorage Ordinance 2006-13..... An ordinance 2/14/06 (City 3/22/10, 75 FR Anchorage
amending the approval date). 13436. Transportation
Anchorage Control Program--
Municipal Code, Carbon Monoxide.
Chapters 15.80
and 15.85 to
comply with State
I/M regulations
and to comply
with DMV
Electronic
Procedures.
Ordinance of the City and An Ordinance 9/8/08 (City 5/9/13, 78 FR Mendenhall Valley
Borough of Juneau, Serial No. Amending the adoption date). 27071. PM Limited
2008-28. Woodsmoke Control Maintenance Plan.
Program Regarding
Solid Fuel-Fired
Burning Devices.
----------------------------------------------------------------------------------------------------------------
[[Page 104]]
Alaska Statutes
----------------------------------------------------------------------------------------------------------------
Title 45 Trade and Commerce, Chapter 45.45. Trade Practices
----------------------------------------------------------------------------------------------------------------
Sec. 45.45.400.................. Prohibited 6/25/93........... 11/18/98, 63 FR except (b).
Transfer of Used 63983.
Cars.
----------------------------------------------------------------------------------------------------------------
Title 46 Water, Air, Energy, and Environmental Conservation, Chapter 46.14. Air Quality Control
----------------------------------------------------------------------------------------------------------------
Sec. 46.14.510.................. Motor Vehicle 6/25/93........... 11/18/98, 63 FR except (a), (c),
Pollution. 63983. and (d).
Sec. 46.14.550.................. Responsibilities 6/25/93........... 11/18/98, 63 FR
of Owner and 63983.
Operator.
Sec. 46.14.560.................. Unavoidable 6/25/93........... 11/18/98, 63 FR
Malfunctions and 63983.
Emergencies.
Sec. 46.14.990.................. Definitions....... 6/25/93........... 11/18/98, 63 FR except (4), (5),
63983. (9), (11), (12),
(14), (19), (20),
(21), and (23).
----------------------------------------------------------------------------------------------------------------
(d) EPA approved state source-specific requirements.
EPA-Approved Alaska Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
State effective
Name of source Order/Permit No. date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
None
----------------------------------------------------------------------------------------------------------------
(e) EPA approved nonregulatory provisions and quasi-regulatory
measures.
EPA-Approved Alaska Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
Applicable
Name of SIP provision geographic or State submittal EPA approval date Comments
nonattainment area date
----------------------------------------------------------------------------------------------------------------
State of Alaska Air Quality Control Plan: Volume II. Analysis of Problems, Control Actions
----------------------------------------------------------------------------------------------------------------
Section I Background
----------------------------------------------------------------------------------------------------------------
A. Introduction................. Statewide......... 1/8/97............ 12/29/99, 64 FR
72940.
B. Air Quality Control Regions.. Statewide......... 1/8/97............ 12/29/99, 64 FR
72940.
C. Attainment/nonattainment Statewide......... 1/8/97............ 12/29/99, 64 FR
Designations. 72940.
D. Prevention of Significant Statewide......... 1/8/97............ 12/29/99, 64 FR
Deterioration Designations. 72940.
E. New Source Review............ Statewide......... 1/8/97............ 12/29/99, 64 FR
72940.
----------------------------------------------------------------------------------------------------------------
Section II State Air Quality Control Program
----------------------------------------------------------------------------------------------------------------
State Air Quality Control Statewide......... 7/9/12............ 10/22/12, 77 FR
Program. 64425.
----------------------------------------------------------------------------------------------------------------
Section III Area wide Pollutant Control Program
----------------------------------------------------------------------------------------------------------------
A. Statewide Carbon Monoxide Statewide......... 6/5/08............ 3/22/10, 75 FR
Control Program. 13436.
State Transportation Control Statewide......... 1/1/00............ 1/08/02, 67 FR 822
Program.
B. Anchorage Transportation Anchorage......... 1/4/02............ 9/18/02, 67 FR
Control Program. 58711.
Anchorage Carbon Monoxide Anchorage......... 9/20/11........... 3/3/14, 79 FR
Maintenance Plan. 11707.
Anchorage Second 10-year Carbon Anchorage......... 4/22/13........... 3/3/14, 79 FR
Monoxide Limited Maintenance 11707.
Plan.
[[Page 105]]
C. Fairbanks Transportation Fairbanks......... 8/30/01........... 5/25/01, 66 FR
Control Program. 28836.
Fairbanks Carbon Monoxide Fairbanks......... 9/29/10........... 1/10/12, 77 FR
Maintenance Plan. 1414.
Fairbanks Second 10-year Carbon Fairbanks......... 4/22/13........... 8/9/13, 78 FR
Monoxide Limited Maintenance 48611.
Plan.
D. Particulate Matter........... Statewide......... 10/15/91.......... 8/13/93, 58 FR
43084.
Eagle River PM10 Control Plan... Eagle River....... 10/15/91.......... 8/13/93, 58 FR
43084.
Eagle River PM10 Limited Eagle River....... 9/29/10........... 1/7/13, 78 FR 900.
Maintenance Plan.
Mendenhall Valley PM10 Control Mendenhall Valley. 6/22/93........... 3/24/94, 59 FR
Plan. 13884.
Mendenhall Valley PM10 Limited Mendenhall Valley. 5/14/09........... 5/9/13, 78 FR
Maintenance Plan. 27071.
E. Ice Fog...................... Statewide......... 1/18/80........... 7/5/83, 48 FR
30623.
F. Open Burning................. Statewide......... 4/4/11............ 2/14/13, 78 FR
10546.
G. Wood Smoke Pollution Control. Statewide......... 11/15/83.......... 4/24/84, 49 FR
17497.
H. Lead Pollution Control....... Statewide......... 11/15/83.......... 1/3/84, 49 FR 67..
I. Transportation Conformity.... Statewide......... 12/05/94.......... 9/27/95, 60 FR
49765.
J. General Conformity........... Statewide......... 12/05/94.......... 9/27/95, 60 FR
49765.
K. Area Wide Pollutant Control Statewide......... 4/4/11............ 2/14/13, 78 FR
Program for Regional Haze. 10546.
----------------------------------------------------------------------------------------------------------------
Section IV Point Source Control Program
----------------------------------------------------------------------------------------------------------------
A. Summary...................... Statewide......... 11/15/83.......... 4/24/84, 49 FR
17497.
B. State Air Quality Regulations Statewide......... 11/15/83.......... 4/24/84, 49 FR
17497.
C. Local Programs............... Statewide......... 11/15/83.......... 4/24/84, 49 FR
17497.
D. Description of Source Statewide......... 11/15/83.......... 4/24/84, 49 FR
Categories and Pollutants. 17497.
E. Point Source Control......... Statewide......... 11/15/83.......... 4/24/84, 49 FR
17497.
F. Facility Review Procedures... Statewide......... 9/12/88........... 7/31/89, 54 FR
31522.
G. Application Review and Permit Statewide......... 11/15/83.......... 4/24/84, 49 FR
Development. 17497.
H. Permit Issuance Requirements. Statewide......... 11/15/83.......... 4/24/84, 49 FR
17497.
----------------------------------------------------------------------------------------------------------------
Section V Ambient Air Monitoring
----------------------------------------------------------------------------------------------------------------
A. Purpose...................... Statewide......... 1/18/80........... 4/15/81, 46 FR
21994.
B. Completed Air Monitoring Statewide......... 1/18/80........... 4/15/81, 46 FR
Projects. 21994.
C. Air Monitoring Network....... Statewide......... 1/18/80; 7/11/94.. 4/15/81, 46 FR
21994; 4/5/95, 60
FR 17237.
E. Annual Review................ Statewide......... 1/18/80........... 4/15/81, 46 FR
21994.
----------------------------------------------------------------------------------------------------------------
State of Alaska Air Quality Control Plan: Volume III. Appendices
----------------------------------------------------------------------------------------------------------------
Section II State Air Quality Control Program
----------------------------------------------------------------------------------------------------------------
A. State Air Statutes........... Statewide......... 12/11/06.......... 3/22/10, 75 FR except 46.03.170.
13436.
In Situ Burning Guidelines...... Statewide......... 4/4/11............ 2/14/13, 78 FR
10546.
[[Page 106]]
State Attorney General Opinions Statewide......... 12/11/06.......... 3/22/10, 75 FR
on Legal Authority. 13436.
B. Municipality of Anchorage.... Anchorage......... 4/22/13........... 3/3/14, 79 FR
11707.
C. Fairbanks North Star Borough. Fairbanks......... 12/11/06.......... 3/22/10, 75 FR
13436.
CAA Section 110 Infrastructure Statewide......... 7/9/12............ 10/22/12, 77 FR
Certification Documentation and 64425.
Supporting Documents.
----------------------------------------------------------------------------------------------------------------
Section III Area wide Pollutant Control Program
----------------------------------------------------------------------------------------------------------------
A. I/M Program Manual........... Statewide......... 6/5/08............ 3/22/10, 75 FR
13436.
B. Municipality of Anchorage.... Anchorage......... 4/22/13........... 3/3/14, 79 FR
11707.
C. Fairbanks.................... Fairbanks......... 4/22/13........... 8/9/13, 78 FR
48611.
D. Particulate Matter--PM10 Anchorage, Eagle 10/15/91; 9/29/10; 8/13/93, 58 FR
Supporting Documents. River, Mendenhall 5/14/09. 43084; 1/7/13, 78
Valley. FR 900; 5/9/13,
78 FR 27071.
G. Ordinance of the City and Juneau............ 11/15/83.......... 4/24/84, 49 FR
Borough of Juneau. 17497.
H. Support Documents for Lead Statewide......... 11/15/83.......... 1/3/84, 49 FR 67..
Plan.
----------------------------------------------------------------------------------------------------------------
Section IV Point Source Control Program
----------------------------------------------------------------------------------------------------------------
1. PSD Area Classification and Statewide......... 11/15/83.......... 4/24/84, 49 FR
Reclassification. 17497.
2. Compliance Assurance......... Statewide......... 11/15/83.......... 4/24/84, 49 FR
17497.
3. Testing Procedures........... Statewide......... 11/15/83.......... 4/24/84, 49 FR
17497.
----------------------------------------------------------------------------------------------------------------
Section V Ambient Air Monitoring
----------------------------------------------------------------------------------------------------------------
ADEC Ambient Analysis Procedures Statewide......... 11/15/83.......... 4/24/84, 49 FR
17497.
----------------------------------------------------------------------------------------------------------------
Section VI Small Business Assistance Program
----------------------------------------------------------------------------------------------------------------
Section VI Small Business Statewide......... 4/18/94........... 9/5/95, 60 FR
Assistance Program. 46024.
----------------------------------------------------------------------------------------------------------------
Section 128 Requirements
----------------------------------------------------------------------------------------------------------------
Public Official Financial Statewide......... 7/9/12............ 10/22/12, 77 FR
Disclosure (2 AAC 50.010-2 AAC 64425.
50.200).
Executive Branch Code of Ethics Statewide......... 7/9/12............ 10/22/12, 77 FR
(9 AAC 52.010-9 AAC 52.990). 64425.
----------------------------------------------------------------------------------------------------------------
Section 110(a)(2) Infrastructure and Interstate Transport
----------------------------------------------------------------------------------------------------------------
Interstate Transport Statewide......... 2/7/08............ 10/15/08, 73 FR Approves SIP for
Requirements--1997 8-Hour Ozone 60957. purposes of CAA
and PM2.5 NAAQS. section
110(a)(2)(D)(i)
for the 1997 8-
hour ozone and
1997 PM2.5 NAAQS.
[[Page 107]]
110(a)(2) Infrastructure Statewide......... 7/9/12............ 10/22/12, 77 FR Approves SIP for
Requirements--1997 ozone 64425. purposes of CAA
standard. sections
110(a)(2)(A),
(B), (C),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M) for the
1997 8-hour ozone
NAAQS.
----------------------------------------------------------------------------------------------------------------
[79 FR 19822, Apr. 10, 2014]
Sec. 52.71 Classification of regions.
The Alaska plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
-----------------------------------------------------
Air quality control Region Particulate Sulfur Nitrogen Carbon
matter oxides dioxide monoxide Ozone
----------------------------------------------------------------------------------------------------------------
Cook Inlet Intrastate..................................... I III III I III.
Northern Alaska Intrastate................................ I III III I III.
South Central Alaska Intrastate........................... III III III III III.
Southeastern Alaska Intrastate............................ III III III III III.
----------------------------------------------------------------------------------------------------------------
[37 FR 10848, May 31, 1972, as amended at 48 FR 30625, July 5, 1983]
Sec. 52.72 Approval status.
With the exceptions set forth in this subpart, the Administrator
approves Alaska's plan for the attainment and maintenance of the
national standards. The State included in the plan a regulation
prohibiting idling of unattended motor vehicles. However, the plan
stated that this regulation was included for informational purposes
only, and was not to be considered part of the control strategy to
implement the national standards for carbon monoxide. Accordingly, this
regulation is not considered a part of the applicable plan.
[37 FR 15080, July 27, 1972]
Sec. 52.73 Approval of plans.
(a) Carbon monoxide.
(1) Anchorage.
(i) EPA approves as a revision to the Alaska State Implementation
Plan, the Anchorage Carbon Monoxide Maintenance Plan (Volume II Section
III.B of the State Air Quality Control Plan, adopted January 2, 2004,
effective February 20, 2004 and Volume III of the Appendices adopted
January 2, 2004, effective February 20, 2004) submitted by the Alaska
Department of Environmental Conservation on February 18, 2004.
(ii) EPA approves as a revision to the Alaska State Implementation
Plan, the Anchorage Carbon Monoxide Maintenance Plan (Volume II Sections
II, III.A and III.B of the State Air Quality Control Plan adopted August
20, 2010, effective October 29, 2010, and Volume III of the Appendices
adopted August 20, 2010, effective October 29, 2010) submitted by the
Alaska Department of Environmental Conservation on September 29, 2010
(iii) The EPA approves the following revised sections of the
Anchorage Transportation Control Program, Anchorage CO Maintenance Plan
(Volume II, Section III.B) of the Alaska SIP Submittal adopted July 13,
2011, and submitted on September 20, 2011: Planning Process (Section
III.B.1), Maintenance Area Boundary (Section III.B.2), Nature of the CO
Problem--Causes and
[[Page 108]]
Trends (Section III.B.3), Transportation Control Strategies (Section
III.B.5), Modeling and Projections (Section III.B.6), Contingency Plan
(Section III.B.7), Anchorage Emergency Episode Plan (Section III.B.8),
Assurance of Adequacy (Section III.B.9) and Redesignation Request
(Section III.B.11). The EPA also approves the following revised sections
of the Appendices (Volume III): Anchorage Assembly Resolution No. 2011-
133 (Appendix III.B.1), Anchorage 2007 Carbon Monoxide Emission
Inventory and 2007-2023 Emission Projections (Appendix III.B.3),
Analysis of Probability of Complying with the National Ambient Air
Quality Standard for Carbon Monoxide in Anchorage between 2007 and 2023
(Appendix III.B.6) and Affidavit of Oral Hearing (Appendix III.B.10).
(iv) The EPA approves the following revised sections of the
Anchorage Transportation Control Program, Anchorage CO Limited
Maintenance Plan (Volume II, Section III.B), of the Alaska SIP Submittal
adopted February 22, 2013, and submitted on April 22, 2013: Carbon
Monoxide Monitoring Program (Section III.B.4) Air Quality Conformity
Procedures (Section III.B.10), Limited Maintenance Plan for 2014-2024
(Section III.B.12). In this action, the EPA also approves the following
revised sections of the Appendices (Volume III): Anchorage Assembly
Resolution No. 2013-20 (Appendix III.B.1) and Affidavit of Oral Hearing
(Appendix III.B.10).
(2) Fairbanks.
(i) EPA approves as a revision to the Alaska State Implementation
Plan, the Fairbanks Carbon Monoxide Maintenance Plan (Volume II.C of the
State Air Quality Control Plan, adopted April 27, 2004 and Volume III.C
of the Appendices adopted April 27, 2004, effective June 24, 2004)
submitted by the Alaska Department of Environmental Conservation on June
21, 2004.
(ii) The EPA approves as a revision to the Alaska State
Implementation Plan, the Fairbanks Carbon Monoxide Limited Maintenance
Plan (Volume II, Section III.C.12 of the State Air Quality Control Plan,
adopted February 22, 2013) submitted by the Alaska Department of
Environmental Conservation on April 22, 2013. In this action, the EPA is
also approving the following revised sections of the Fairbanks
Transportation Control Program (Volume II, Section III.C): Air Quality
Emissions Data (Section III.C.3), Carbon Monoxide Network Monitoring
Program (Section III.C.4), Modeling and Projections (Section III.C.6),
and Air Quality Conformity Procedures (Section III.C.10); and the
following revised sections of the Appendices to Volume II of the
Fairbanks Transportation Control Program (Volume III): Section III.C.1
and Section III.C.10, all of which were included in the April 22, 2013
SIP submittal.
(b) Lead. [Reserved]
(c) Nitrogen dioxide. [Reserved]
(d) Ozone. [Reserved]
(e) Particulate matter. (1) Mendenhall Valley. (i) The EPA approves
as a revision to the Alaska State Implementation Plan, the Mendenhall
Valley PM10 Limited Maintenance Plan (Volume II, Section
III.D.3 of the State Air Quality Control Plan, and Volume III.D.3.5,
Volume III.D.3.8, and Volume III.D.3.9 of the Appendices (to Volume II,
section III.D.3)) adopted February 20, 2009, and submitted by the Alaska
Department of Environmental Conservation to the EPA on May 14, 2009.
(ii) [Reserved]
(f) Sulfur dioxide. [Reserved]
(g) Visibility protection. (1) EPA approves the Regional Haze SIP
revision submitted by the Alaska Department of Environmental
Conservation on April 4, 2011, as meeting the requirements of Clean Air
Act sections 169A and 169B, and Federal Regulations 40 CFR 51.308 to
implement a regional haze program in the State of Alaska for the first
planning period through July 31, 2018.
(2) [Reserved]
[67 FR 58712, Sept. 18, 2002, as amended at 69 FR 24936, June 23, 2004;
69 FR 44605, July 27, 2004; 77 FR 1417, Jan. 10, 2012; 78 FR 907, Jan.
7, 2013; 78 FR 10554, Feb. 14, 2013; 78 FR 27077, May 9, 2013; 78 FR
48615, Aug. 9, 2013; 79 FR 1171, Mar. 3, 2014]
Sec. 52.74 Original identification of plan section.
(a) This section identified the original ``Air Quality
Implementation Plan for the State of Alaska'' and all revisions
submitted by Alaska that were
[[Page 109]]
Federally-approved prior to March 4, 2014.
(b) The plan was officially submitted on April 25, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Modifications to the implementation plan including a revision to
Title 18, Chapter 50, section 160 and other nonregulatory provisions
submitted on June 22, 1972, by the Governor.
(2) Compliance schedules submitted on August 2, 1973, by the State
of Alaska Department of Environmental Conservation.
(3) Compliance schedules submitted on August 23, 1973, by the State
of Alaska Department of Environmental Conservation.
(4) Compliance schedules submitted on September 30, 1975, by the
State of Alaska Department of Environmental Conservation.
(5) Compliance schedules submitted on January 6, 1976, by the State
of Alaska Department of Environmental Conservation.
(6) Compliance schedules submitted on September 30, 1975, by the
State of Alaska Department of Environmental Conservation.
(7) Part D attainment plans for the Anchorage and Fairbanks carbon
monoxide nonattainment areas submitted by the Governor of Alaska on
January 18, 1980 as follows:
Volume II. Analysis of Problems, Control Actions
Section III. Areawide Pollutant Control Efforts, Subsection A.
Carbon Monoxide, except subparts 1.c (Other areas) and 5.h (Fairbanks
Emergency Avoidance Plan)
Volume III. Appendices
III-1 A Review of Carbon Monoxide Emissions from Motor Vehicles during
Cold Temperature Operation
III-2 Cold Weather Related Strategy Support Development
III-3 Preliminary Assessment of Meteorological Conditions during Days of
Ambient Air Quality Violations in Anchorage
III-4 Summary of the 1978 Fairbanks Voluntary Vehicle Emissions
Inspection Program
III-5 Approach of Evaluating an Alaska I/M Program
III-6 Appendices to the Anchorage Air Quality Plan
III-7 Appendices to the Fairbanks Air Quality Plan
(8) On January 18, 1980, the State of Alaska Department of
Environmental Conservation submitted a plan revision to meet the
requirements of Air Quality Monitoring, 40 CFR part 58, subpart C,
Sec. 58.20, as follows:
Volume II. Analysis of Problems, Control Actions
Section V. Ambient Air Monitoring
A. Purpose
C. Air Monitoring Network
E. Annual Review
(9) Provisions of a State Air Quality Control Plan submitted by the
Governor of Alaska on January 18, 1980, as follows:
Volume II. Analysis of Problems, Control Actions
Section I. Introduction
A. Summary
B. Air Quality Control Regions
C. Attainment/Nonattainment Designations
Section II. Alaskan Air Quality Control Programs
A. State Program
B. Local Programs
C. Resource Needs
Section III. Areawide Pollutant Control Efforts
A. Carbon Monoxide, Subpart 1.c (Other areas)
B. Total Suspended Particulate Matter
C. Ice Fog
D. Open Burning--Forest Practices
Section IV. Point Source Control Efforts
A. Summary
B. Description of Source Categories and Pollutants
C. Summary of Major Emitting Sources
D. History of Alaskan Point Source Program
F. Local Program Enforcement
G. New Source Review and Approval
H. Compliance Assurance
I. State Air Quality Control Regulations
Section V. Ambient Air Monitoring
B. Description of Previous Air Monitoring Network
Volume III. Appendices
I-1 Summary of Public Hearings, Written Testimony, etc.
I-2 Recommendations for attainment/Nonattainment designations
II-1 Alaska Statutes, except section 46.03.170
II-2 Regulations of the Fairbanks North Star Borough, except section
8.04.070
II-3 Fairbanks North Star Borough/Alaska Department of Environmental
Conservation Agreement
[[Page 110]]
II-4 Municipality of Anchorage/Alaska Department of Environmental
Conservation Agreement
II-5 Alaska State Department of Law Legal Opinion
IV-1 Summaries of Emission Inventories
IV-2 D. Permit to Operate for the Fairbanks Municipal Utilities System
IV-3 Testing Procedures
V-1 Air Quality Data
An amended Appendix II-5, ``Alaska State Department of Law Legal
Opinion'' submitted by the State of Alaska Department of Environmental
Conservation on February 29, 1980. Amendments to the January 18, 1980
submittal, submitted by the State of Alaska Department of Environmental
Conservation on September 29, 1982 as follows:
Volume II. Analysis of Problems, Control Actions
Section I. Introduction
C. Attainment/Nonattainment Designations
Section III. Areawide Pollutant Control Efforts
D. Open Burning--Forest Practices
Section IV. Point Source Control Efforts
C. Summary of Major Emitting Sources
D. History of Alaskan Point Source Program
F. Local Program Enforcement
G. New Source Review and Approval
H. Compliance Assurance
I. State Air Quality Control Regulations
Section V. Ambient Air Monitoring
C. Air Monitoring Network
E. Annual Review
Volume III. Appendices
IV-4 ADEC Ambient Analysis Procedures
(10) On November 15, 1983 the State of Alaska Department of
Environmental Conservation submitted a revision to add a lead strategy
to the Alaska Implementation Plan.
(11) Provisions of a State Air Quality Control Plan submitted by the
Alaska Department of Environmental Conservation on November 15, 1983, as
follows:
Volume II. Analysis of Problems, Control Actions
Section I. Background
A. Introduction
B. Air Quality Control Regions
C. Attainment/Nonattainment Designations
D. Prevention of Significant Deterioration Designations
Section II. State Air Quality Control Program
Section III. Areawide Pollutant Control Program
D. Total Suspended Particulate Matter
E. Ice Fog
F. Open Burning
G. Wood Smoke Pollution Control
Section IV. Point Source Control Program
A. Summary
1. Annual Review Report
B. State Air Quality Regulations
C. Local Programs
D. Description of Source Categories and Pollutants
1. Typical Point Sources
2. Summary of Major Emitting Facilities
E. Point Source Control
1. Introduction
F. Facility Review Procedures
1. Who needs a permit?
2. Standard Application Procedures
3. PSD Application Procedures, Preliminary report and meeting, Pre-
construction monitoring, PSD application format
4. Nonattainment Application Procedures
G. Application Review and Permit Development
1. Application Review
2. Permit Development Requirement, Monitoring and Testing
Requirements, Ambient Monitoring, Continuous Emissions Monitoring,
Source Testing
3. Prevention of Significant Deterioration Review, Basis of Program,
PSD Regulations, PSD Analysis Procedure
4. Nonattainment Area Review
5. New Source Performance Standards Source Review
6. Visibility Review
7. Sources under EPA Review
H. Permit Issuance Requirements
Section V. Ambient Air Monitoring
A. Purpose
B. Completed Air Monitoring Projects
1. Carbon Monoxide
2. Nitrogen Oxides
3. Sulfur Dioxide
4. Ozone
5. Total Suspended Particulates (TSP)
6. Lead
C. Air Monitoring Network
1. Network Description
2. Station Designations
3. Air Quality Monitoring Procedures
4. Ambient Sampling for Specific Pollutants
E. Annual Review
[[Page 111]]
Volume III. Appendices
Section II. State Air Quality Control Program
II.A. State Air Statutes, except section 46.03.170, State Attorney
General Opinions on Legal Authority
II.B. Municipality of Anchorage/Cook Inlet/ADEC Agreements
II.C. Fairbanks North Star Borough Ordinances/FNSB & ADEC Agreements
Section III. Areawide Pollutant Control Program
III.G. Ordinance of the City and Borough of Juneau
Section IV. Point Source Control Program
IV.1. PSD Area Classification and Reclassifications
A. Class I Area Boundaries
B. Areas Protected from Visibility Degradation
C. Reclassification
1. Limitations on PSD Reclassification
2. PSD Reclassification Procedures
IV.2. Compliance Assurance
IV.3. Testing Procedures
Section V. Ambient Air Monitoring
ADEC Ambient Analysis Procedures
Title 18. Environmental Conservation, Chapter 50. Air Quality Control,
Sections 021(d), 030(g), 040(a)(2), 040(c), 050(a)(2), 050(b)(4), 085,
300(a)(1), 300(a)(7), 400(d)(6), 500(d), 500(e), 510 (Editor's Note),
520(a), 520(b), 610(a), 620, 900(15), 900(39), 900(47), and 900(48).
(12) On September 29, 1982, the Commissioner of the Alaska
Department of Environmental Conservation submitted a carbon monoxide
attainment plan for the cities of Anchorage (section III.B) and
Fairbanks (section III.C) as a revision to the Alaska State
Implementation Plan. On November 15, 1983, a revision to this plan was
submitted for the city of Anchorage. Supplement to the Anchorage and
Fairbanks plans revisions to section III.A (Areawide Pollutant Control
Program, Statewide Transportation Control Program) and a new State
Regulation 18 AAC Chapter 52 (Emissions Inspection and Maintenance
Requirements for Motor Vehicles) were submitted on May 31, 1985.
(i) Incorporation by reference. (A) May 31, 1985 letter from the
State of Alaska to EPA, and State Regulation 18 AAC 52 (Emissions
Inspection and Maintenance Requirements for Motor Vehicles) as filed by
the Commissioner for the State of Alaska on May 19, 1985.
(B) Page section III.B.8-3 of the Anchorage Transportation Control
Program, Alaska Air Quality Control Plan, revised June 1, 1985
(emissions and air quality projections for Anchorage with vehicle
inspection and maintenance program).
(C) Table C.6.a of the Fairbanks Transportation Control Program,
Alaska Air Quality Control Plan [reasonable further progress required
reductions for Fairbanks] (page section III.C.6-2) revised November 20,
1982.
(ii) Other material. (A) Section III.A Statewide Transportation
Control Program.
(B) Section III.B Anchorage Transportation Control Program.
(C) Section III.C Fairbanks Transportation Control Program.
(D) The I/M Program Design for the Fairbanks North Star Borough
dated October 25, 1984.
(E) The I/M Program Design for the Municipality of Anchorage dated
1984.
(13) On June 26, 1987, the State of Alaska Department of
Environmental Conservation submitted Section III.B.10-1 through
III.B.10-6 (Anchorage Air Pollution Episode Curtailment Actions);
Section III.C.10-1 through III.C.10-9 (Fairbanks Emergency Episode
Prevention Plan); and minor modifications to Section III.C.5-7
(Fairbanks Inspection and Maintenance Program Design).
(i) Incorporation by reference. (A) June 26, 1987 letter from the
State of Alaska Department of Environmental Conservation to EPA Region
10.
(B) Section III.B.10-1 through III.B.10-6 of Volume II (Anchorage
Air Pollution Episode Curtailment Actions) as adopted as an ordinance by
the Anchorage Assembly on September 9, 1986.
(C) Section III.C.10-1 through III.C.10-9 of Volume II (Fairbanks
Emergency Episode Prevention Plan) as adopted as an ordinance by the
Assembly of the Fairbanks North Star Borough on December 19, 1985.
(D) Page number Section III.C.5-7 of Volume II (Fairbanks Inspection
and Maintenance Design). This new page supercedes the current page
number Section III.C.5-7 of the Alaska Air Quality Control Plan as
adopted by the
[[Page 112]]
Alaska Department of Environmental Conservation on June 26, 1987.
(14) On June 26, 1987, the Commissioner of the Alaska Department of
Environmental Conservation submitted revised rules regulating the height
of stacks and the use of dispersion techniques, specifically revisions
to 18 AAC 50.400(a), 18 AAC 50.530(c), 18 AAC 50.900(16), 18 AAC
50.900(20), 18 AAC 50.900(23), and 18 AAC 50.900.(29), and the deletion
of 18 AAC 50.900(17).
(i) Incorporation by reference. (A) June 26, 1987 letter from the
State of Alaska Department of Environmental Conservation to EPA, Region
10.
(B) August 11, 1987 letter from the State of Alaska Department of
Environmental Conservation to EPA, Region 10.
(C) 18 AAC 50.400(a) and 18 AAC 50.900 (16), (20), (23), and (29) as
adopted by the State of Alaska Department of Environmental Conservation
on December 31, 1986.
(15) On September 12, 1988, the State of Alaska Department of
Environmental Conservation submitted revisions to AAC 18 Chapter 52
(Emission Inspection and Maintenance Requirements for Motor Vehicles).
Those sections amended through June 2, 1988, are: 18 AAC 51.010 [Purpose
and General Requirements] (a)(3), (b), (d), (e), and (g); 18 AAC 52.020
[Vehicles Subject to this Chapter] (1); 18 AAC 52.070 [Waivers] (5)(A)
through (C); and 18 AAC 52.900 [Definitions] (14).
(i) Incorporation by reference. (A) September 12, 1988 letter from
the State of Alaska Department of Environmental Conservation to EPA
Region 10.
(B) Chapter 52 [Emissions Inspection and Maintenance Requirements
for Motor Vehicles] section 52.010 [Purpose and General Requirements
(a)(3), (b), (d), (e), and (g); section 52.020 [Vehicles Subject to This
Chapter] (1); section 52.070 [Waivers] (5)(A) through (C); and section
52.900 [Definitions] (14) as adopted by the State of Alaska Department
of Environmental Conservation on March 10, 1988.
(16) On September 12, 1988, the State of Alaska Department of
Environmental Conservation submitted revisions to the State of Alaska
state implementation plan. Specifically pages IV.F.1-1 through IV.F.1-8
of section IV.F ``Project Review Procedures'' and amendments to title
18, chapter 50, sections 050(a)(4), 050(b), 050(d)(1), 300(a)(5)(C),
300(a)(6)(C), 300(a)(7), 300(c), 300(g), 500(d), 510(a), 520(a), 520(b),
and 620 of the Alaska Administrative Code.
(i) Incorporation by reference. (A) September 12, 1988, letter from
the State of Alaska Department of Environmental Conservation to EPA
Region 10 submitting a revision to the Alaska state implementation plan.
(B) Vol. II, Analysis of Problems, Control Actions, Pages IV.F.1-1
through IV.F.1-8 of section IV.F, ``Project Review Procedures,'' revised
June 2, 1988.
(C) Title 18, chapter 50, (Air Quality Control) section 050
(Industrial Processes and Fuel Burning Equipment) (a)(4), 050(b),
050(d)(1), 300 (Permit to Operate) (a)(5)(C), 300(a)(6)(C), 300(a)(7),
300(c), 300(g), 500 (Source Testing) (d), 510 (Ambient Analysis Methods)
(a), 520 (Emission and Ambient Monitoring) 520(a), 520(b), and 620 (Air
Quality Control Plan) of the Alaska Administrative Code as adopted by
the State of Alaska Department of Environmental Conservation on March
10, 1988 and effective on June 2, 1988.
(17) On October 17, 1991, the State of Alaska Department of
Environmental Conservation submitted a PM10 nonattainment
area state implementation plan for Eagle River, Alaska.
(i) Incorporation by reference. (A) October 15, 1991 letter from
Alaska Department of Environmental Conservation to EPA Region 10
submitting the PM10 nonattainment area state implementation
plan for Eagle River, Alaska.
(B) The PM10 nonattainment area state implementation plan
for Eagle River, Alaska, as adopted by the Anchorage Assembly on
February 6, 1990 and effective on September 24, 1991.
(18) On June 22, 1993, the Governor of the State of Alaska submitted
revised rules to satisfy certain Federal Clean Air Act requirements for
an approvable moderate PM10 nonattainment area SIP for
Mendenhall Valley, Alaska. Also included in this SIP were
PM10 contingency measures for the Mendenhall Valley. On
January 21, 1992, a supplement to the existing
[[Page 113]]
Eagle River PM10 control plan was submitted by ADEC to EPA
and certified on March 8, 1993, by the Lieutenant Governor of Alaska.
(i) Incorporation by reference. (A) June 22, 1993, letter from the
Governor of the State of Alaska to EPA, Region 10, submitting the
moderate PM10 nonattainment area SIP for Mendenhall Valley,
Alaska.
(B) The Control Plan for Mendenhall Valley of Juneau, effective July
8, 1993.
(C) August 25, 1993, letter from ADEC showing, through enclosures,
the permanent filing record for the supplement to the existing Eagle
River PM10 control plan. The Lieutenant Governor certified
the supplement on March 8, 1993.
(D) The January 21, 1992, supplement to the existing Eagle River
PM10 control plan, effective April 7, 1993. Also included is
an August 27, 1991 Municipality of Anchorage memorandum listing the 1991
capital improvement project priorities and an October 11, 1991,
Municipality of Anchorage memorandum summarizing the supplement to the
existing PM10 control plan.
(19) The Environmental Protection Agency (EPA) takes action on and/
or approves regulations from three submittals received from the ADEC on
July 17, 1990, October 15, 1991 and on March 24, 1994, which pertain to
correcting SIP deficiencies in the CFR; amendments to regulations
dealing with Air Quality Control, 18 AAC 50, for inclusion into Alaska's
SIP; and additional amendments to 18 AAC 50, Air Quality Control, for
inclusion into Alaska's SIP to assure compliance with new source review
permitting requirements for sources located in nonattainment areas for
either carbon monoxide or particulate matter.
(i) Incorporation by reference. (A) July 17, 1990 letter from ADEC
to EPA requesting correction for findings of SIP deficiency in 40 CFR
Part 52, and including the version of Alaska Statutes, ``Title 46.
Water, Air, Energy, and Environmental Conservation,'' in effect at the
time of the July 17, 1990 letter, of which Sections 46.03.020,
46.03.030, 46.03.032, and 46.03.715, amended in 1987, were the most
recently amended of the enclosed statutes.
(B) October 15, 1991 letter from ADEC to EPA, and including
amendments to regulations and the State Air Quality Control Plan to
assure compliance with national ambient air quality standards for
particulate matter; the Order Amending Regulations of the Department of
Environmental Conservation, effective July 21, 1991; and the following
Alaska Administrative Code, 18 AAC 50, Air Quality Control Regulations:
(50.020; 50.085; 50.100; 50.300; 50.400; 50.510, 50.520, 50.610, and
50.900), effective July 21, 1991, Register 119.
(C) March 24, 1994 letter from Walter J. Hickel, Governor of Alaska,
to Chuck Clarke, Regional Administrator of EPA, and including amendments
to 18 AAC 50, State Air Quality Control Plan; the Order Adopting and
Amending Regulations of the Department of Environmental Conservation,
effective April 23, 1994, Register 130; and the amendments to 18 AAC 50
(50.021, 50.300(a)(7) and (a)(8), 50.300 (d), (e), and (g),
50.400(a)(1)(A), 50.400(c)(3)(B)(ii), 50.400(c)(4), 50.400(d)(4), and
50.620), State Air Quality Control Plan, found in Volume III:
Appendices, Modifications to Section III.A, effective April 23, 1994,
Register 130.
(20) On April 18, 1994, the Commissioner of the Alaska Department of
Environmental Conservation (ADEC) submitted ``The Alaska Air Quality
Small Business Assistance Program State Air Quality Control Plan
Amendment,'' adopted April 8, 1994, as a revision to the Alaska SIP.
(i) Incorporation by reference. (A) Letter dated April 8, 1994, from
the Commissioner of ADEC to the Regional Administrator of EPA,
submitting ``The Alaska Air Quality Small Business Assistance Program
State Air Quality Control Plan Amendment'' to EPA; the Alaska Air
Quality Small Business Assistance Program State Air Quality Control Plan
Amendment (which includes Appendix A the Alaska Statutes Title 46,
Chapter 14, Article 3), dated April 1994, and adopted April 8, 1994.
(ii) Additional information. (A) Letter dated July 24, 1995, from
Alaska Department of Environmental Conservation, submitting information
necessary for approval of the SBAP revision to EPA; the July 1995 SBAP
Update, Responses to EPA Comments, and the Air
[[Page 114]]
Quality/Small Business Assistance Compliance Advisory Panel Board
Information.
(21) On July 11, 1994 ADEC submitted a SIP revision for a basic
motor vehicle inspection and maintenance (I/M) program in the
Municipality of Anchorage (MOA) and the Fairbanks North Star Borough
(FNSB).
(i) Incorporation by reference. (A) July 11, 1994 letter from the
Governor of Alaska to the Regional Administrator of EPA submitting
Alaska's amendments to the Air Quality Control Plan and to 18 AAC 52,
Emissions Inspection and Maintenance Requirements for Motor Vehicles;
the amendments to 18 AAC 52 (52.005, .015, .020, .030, .035, .040, .045,
.050, .055, .060, .065, .070, .075, .080, .085, .090, .095, .100, .105,
.400, .405, .410, .415, .420, .425, .430, .440, .445, .500, .505, .510,
.515, .520, .525, .527, .530, .535, .540, .545, .550, and .990),
effective February 1, 1994; and the State Air Quality Control Plan, Vol.
II: Analysis of Problems, Control Actions, Modifications to Section I,
June 9, 1994; Vol. II: Analysis of Problems, Control Actions,
Modifications to Section I, II, III and V, adopted January 10, 1994;
Vol. III: Appendices, Modifications to Section III.A, June 9, 1994; Vol.
III: Appendices, Modifications to Section III.B, June 9, 1994; and Vol.
III: Appendices, Modifications to Section III.C, June 9, 1994.
(22) On March 24, 1994, ADEC submitted a revision to its SIP for the
State of Alaska addressing the attainment and maintenance of the
National Ambient Air Quality Standards for carbon monoxide in the
Anchorage carbon monoxide nonattainment area.
(i) Incorporation by reference. (A) March 24, 1994 letter from
Alaska Governor Walter Hickel to EPA Regional Administrator Chuck Clarke
including as a revision to the SIP the State of Alaska, Department of
Environmental Conservation, 18 AAC 53, ``Fuel Requirements for Motor
Vehicles,'' (Article 1, 18 AAC 53.005-18 AAC 53.190 and Article 9, 18
AAC 53.990) with amendments adopted through March 19, 1994.
(23) On March 24, 1994, ADEC submitted a SIP revision to EPA to
satisfy the requirements of sections 187(a)(2)(A) and 187(a)(3) of the
CAA, forecasting and tracking VMT in the Anchorage area.
(i) Incorporation by reference. (A) March 24, 1994 letter from the
Alaska Governor to the EPA Regional Administrator including as a
revision to the SIP the VMT requirement in the Anchorage area, contained
in ADEC's State Air Quality Control Plan, Volume III: Appendices,
Modifications to Section III.B.6, III.B.8, III.B.10 and III.B.11,
adopted January 10, 1994; and further description on pages 10-14, 57-60
and 69-75 contained in ADEC's State Air Quality Control Plan, Volume
III: Appendices, Modifications to Section III.B, III.B.1, and III.B.3,
adopted January 10, 1994.
(24) On December 5, 1994 the Alaska Department of Environmental
Conservation sent EPA revisions for inclusion into Alaska's SIP that
address transportation and general conformity regulations as required by
EPA under the CAA.
(i) Incorporation by reference. (A) December 5, 1994 letter from the
Governor of Alaska to EPA, Region 10, submitting amendments addressing
transportation and general conformity revisions to the SIP:
(1) Regulations to 18 AAC 50, Air Quality Control, including Article
5, Procedure and Administration, 18 AAC 620; Article 6, Reserved;
Article 7, Conformity, 18 AAC 50.700-18 AAC 50.735; Article 8, Reserved;
and Article 9, General Provisions, 18 AAC 50.900, all of which contain
final edits (23 pages total) by the Alaska Department of Law, were filed
by the Lieutenant Governor on December 5, 1994 and effective on January
4, 1995.
(2) Amendments to the Alaska State Air Quality Control Plan,
``Volume II: Analysis of Problems, Control Actions,'' as revised on
December 1, 1994, adopted by reference in 18 AAC 50.620, containing
final edits by the Alaska Department of Law, all of which were certified
by the Commissioner of Alaska to be the correct plan amendments, filed
by the Alaska Lieutenant Governor on December 5, 1994 and effective on
January 4, 1995.
(25) On March 24, 1994, ADEC submitted a revision to its SIP for the
State of Alaska addressing the attainment and maintenance of the NAAQS
for CO in the Anchorage CO nonattainment area.
[[Page 115]]
(i) Incorporation by reference. (A) March 24, 1994 letter from the
Alaska Governor to the EPA Regional Administrator including as a
revision to the SIP the State of Alaska, Department of Environmental
Conservation, 18 AAC 53, ``Fuel Requirements for Motor Vehicles,''
(Article 1, 18 AAC 53.005-18 AAC 53.190 and Article 9, 18 AAC 53.990,
with the exception of 18 AAC 53.010(c)(2)), filed March 24, 1994 and
effective on April 23, 1994.
(26) Submittal to EPA from the ADEC of CO contingency measure for
Fairbanks, AK.
(i) Incorporation by reference. (A) Letter dated July 12, 1995 from
the Commissioner of the ADEC to the EPA Regional Administrator
submitting its repair technician and certification program element found
in State regulation 18 AAC 52.400-410, effective June 24, 1994.
(27) On October 31, 1997, ADEC submitted revisions to Fuel
Requirements for Motor Vehicles, title 18, chapter 53 of the Alaska
Administrative Code (18 AAC 53) regarding the use of oxygenated fuels.
(i) Incorporation by reference. (A) Title 18, Chapter 53, Alaska
Administrative Code (AAC), Fuel Requirements for Motor Vehicles, adopted
October 31, 1997 (Article 1, 18 AAC 53 .005, .007, .010, .015, .020,
.030, .035, .040, .045, .060, .070, .080, .090, .100, .105, .120, .130,
.140, .150, .160, .170, .190; Article 9, 18 AAC 53.990).
(28) On January 8, 1997, the Director of the Alaska Department of
Environmental Conservation submitted the Alaska air quality regulations,
18 Alaska Administrative Code (AAC) 50 (with the exception of 18 AAC
50.055(a)(9), 50.085, 50.090, 50.110, 50.300(g), and 50.310(l) which
were not submitted), as effective on January 18, 1997. On March 17,
1998, the Director of the Alaska Department of Environmental
Conservation resubmitted 18 AAC 50.055(a)(3) and (b)(6). EPA has
approved the following provisions of 18 AAC 50, as effective on January
18, 1997: Section 005; Section 010, except for subsections (7) and (8);
Section 025; Section 030; Section 035; Section 045; Section 050; Section
055, except for paragraph (d)(2)(B) and (a)(9); Section 060; Section
065; Section 070; Section 075; Section 200; Section 201; Section 205;
Section 220; Section 240; Section 245; Section 400, paragraphs (a),
(b)(1), and (c); Section 420; Section 430; Section 900; and Section 990,
subsections (2), (3), (4), (5), (6), (8), (9), (10), (11), (14), (15),
(16), (17), (19), (20), (23), (24), (25), (26), (29), (31), (32), (33),
(34), (35), (37), (39), (40), (42), (43), (45), (47), (48), (50), (51),
(53), (58), (59), (60), (61), (62), (63), (65), (66), (67), (69), (70),
(71), (72), (74), (75), (78), (79), (80), (81), (83), (84), (85), (86),
(89), (90), (91), (92), (93), (94), (95), (96), (97), (99), and (100).
On January 8, 1997, the Director of the Alaska Department of
Environmental Conservation submitted the current Alaska Statutes for air
pollution control, specifically the 1993 Alaska Act (Chapter 74 State
Legislative Act 1993). EPA has approved as federally enforceable
provisions of the SIP, the following provisions of the Alaska Statutes,
as effective June 25, 1993: AS 46.14.510(b); AS 46.14.550; AS 46.14.560;
AS 46.14.990(1), (2), (3), (6), (7), (8), (10), (13), (15), (16), (17),
(18), (22), (24), and (25); and AS 45.45.400(a). On January 8, 1997, the
Director of the Alaska Department of Conservation submitted the ``In
Situ Burning Guidelines for Alaska (revised 5/94).''
(i) Incorporation by reference. (A) 18 AAC 50.005; 18 AAC 50.010,
except for subsections (7) and (8); 18 AAC 50.025; 18 AAC 50.030; 18 AAC
50.035; 18 AAC 50.045; 18 AAC 50.050; 18 AAC 50.055, except for
paragraphs (d)(2)(B) and (a)(9); 18 AAC 50.060; 18 AAC 50.065; 18 AAC
50.070; 18 AAC 50.075; 18 AAC 50.200; 18 AAC 50.201; 18 AAC 50.205; 18
AAC 50.220; 18 AAC 50.240; 18 AAC 50.245; 18 AAC 50.400, paragraphs (a),
(b)(1), and (c); 18 AAC 50.420; 18 AAC 50.430; 18 AAC 50.900; and 18 AAC
50.990, subsections (2), (3), (4), (5), (6), (8), (9), (10), (11), (14),
(15), (16), (17), (19), (20), (23), (24), (25), (26), (29), (31), (32),
(33), (34), (35), (37), (39), (40), (42), (43), (45), (47), (48), (50),
(51), (53), (58), (59), (60), (61), (62), (63), (65), (66), (67), (69),
(70), (71), (72), (74), (75), (78), (79), (80), (81), (83), (84), (85),
(86), (89), (90), (91), (92), (93), (94), (95), (96), (97), (99), and
(100); as effective on January 18, 1997.
(B) AS 46.14.510(b); AS 46.14.550; AS 46.14.560; AS 46.14.990(1),
(2), (3), (6), (7), (8), (10), (13), (15), (16), (17), (18), (22), (24),
and (25); and AS 45.45.400(a); as effective on June 25, 1993.
[[Page 116]]
(C) Remove the following provisions of 18 AAC 50, as effective on
June 2, 1988, from the current incorporation by reference: 18 AAC
50.010; 18 AAC 50.070; 18 AAC 50.900, subsections (19), (27), (30),
(45), (46), and (48).
(29) The Environmental Protection Agency (EPA) approves various
amendments to the Alaska State Air Quality Control Plan which are
contained in three separate submittals to EPA, dated February 6, 1997,
June 1, 1998, and September 10, 1998, and which include the inspection
and maintenance program.
(i) Incorporation by reference. (A) Air Quality Control Regulations,
18 AAC 50.
Effective September 4, 1998: Section 700; Section 705; Section 710
(except for the incorporation by reference of sections 93.102(c), 93.102
(d), 93.104(d), 93.104(e)(2), 93.109(c)-(f), 93.118(e), 93.119(f)(3),
93.120(a)(2), 93.121(a)(1) and (b), and 93.124(b) of 40 CFR); Section
715; and Section 720.
(B) Emissions Inspection and Maintenance Requirements for Motor
Vehicles 18 AAC 52.
(1) Effective January 1, 1998: Section 005; Section 010; 015; 020;
025; 035; 037; 050; 060, except for subsections (8)(c), (8)(d)(2) and
(8)(e); 065; 070; 080; 085; 095; 100; 105; 400; 405; 415, except
subsection (f)(1); 420, except subsection (a)(11); 425; 440; 500; 515;
520, except subsection (c)(9); 525; 527; 530, except subsections (b)(3),
(c)(4)(C) and (d)(9); 535; 540; 545; 546; 990.
(2) Effective January 1, 1997: Section 055; 090.
(3) Remove the following provisions of 18 AAC 52, effective January
1, 1997: Section 060, subsection 8 (c) and 8 (e); Section 520,
subsection (c)(9).
(4) Remove the following provisions of 18 AAC 52, effective January
1, 1998: Section 060, subsection 8 (d)(2); Section 415, subsection
(f)(1); Section 420, subsection (a) (11); Section 530, subsection (b)(3)
and (d)(9).
(5) Remove the following provisions of 18 AAC 52, effective January
4, 1995: Section 530, subsection (c) (4)(c).
(C) Fuel Requirements for Motor Vehicles 18 AAC 53.
(1) Effective October 31, 1997: Section 05; 07; 10; 20; 30; 35; 40;
45; 60; 70; 80; 90; 200; 105; 120; 130; 140; 150; 160; 170; 190 and
effective September 4, 1998, Section 990.
(2) Remove the following provision of 18 AAC 53.015, Expansion of
Control Area, effective October 31, 1997.
(ii) Additional material. (A) Revisions to Alaska's State Air
Quality Control Plan, Volume II: Section I, ``Background,'' I.A; I.B.,
I.C., I.D., and I.E., adopted 11/26/96; Part B--Anchorage Contingency
Measures, adopted 5/18/98; Section II, ``State Air Quality Control
Program,'' pages II-1 through II-4, adopted 5/18/98; Section III.A.
``Statewide Carbon Monoxide Control Program,'' pages III.A.1-1 through
III.A.3-4, adopted 5/18/98; III.B. ``Anchorage Transportation Control
Program,'' pages III.B.1-1 through III.B.6-7, adopted 5/18/98; III.B.8.
``Modeling and Projections,'' pages III.B.8-1 through III.B.9-2, adopted
5/18/98; III.B.10, ``Anchorage Air Pollution Episode Curtailment Plan,''
pages III.B.10-1 and III.B.10-2, revised 12/19/93; III.B.11. ``Assurance
of Adequacy,'' pages III.B.11-1 through III.B.11-3, revised 5/18/98;
III.B.12. ``Emissions Budget,'' page III.B.12-1, adopted 11/26/96; and
various CO SIP streamlining edits throughout Volume II and Volume III of
the State Air Quality Control Plan which make the document easier to
read and better organized, adopted 5/18/98.
(30) On November 1, 1999, the Alaska Department of Environmental
Conservation (ADEC) submitted a SIP revision to revise the visible
emission limit for coal burning boilers, during startup; shutdown; soot-
blowing; grate cleaning; or other routine maintenance activities, that
began operation before August 17, 1971, and submitted the required
demonstration. This SIP revision is approved for the following
facilities that submitted the required demonstration: Golden Valley
Electric Association (GVEA), Healy (Unit 1); Eielson Air Force
Base, Fairbanks (6 units); Aurora Energy, Fairbanks (4 units); and Clear
Air Force Base, Clear (3 units). Additionally, we are approving a
revision to the definitions section that will add definitions of grate
cleaning and soot-blowing.
(i) Incorporation by reference. (A) 18 Alaska Administrative Code
(AAC) 50.055(a)(9), Industrial Processes and
[[Page 117]]
Fuel-Burning Equipment; as State effective on November 4, 1999. 18 AAC
50.990, subsections (106) and (107), Definitions; as State effective on
January 1, 2000.
(31) The Environmental Protection Agency (EPA) approves various
amendments to the Alaska State Air Quality Control Plan which are
contained in two separate submittals to EPA, dated February 24, 2000 and
February 2, 2001, and which include the inspection and maintenance and
fuels program.
(i) Incorporation by reference. (A) Air Quality Control Regulations,
18 AAC 50. Effective December 30, 2000: Section 030.
(B) Emissions Inspection and Maintenance Requirements for Motor
Vehicles 18 AAC 52.
(1) Effective January 1, 2000: Sections 005; 015; 020; 025; 035;
037; 055; 060; 065; 070; 085; 100; 105; 410; 415; 420; 440; 500; 510;
515; 520; 525; 527; 530; 535; and 540.
(2) Effective December 30, 2000: Sections 050 and 990.
(C) Fuel Requirements for Motor Vehicles 18 AAC 53. Effective
December 30, 2000: Section 080.
(32) On August 30, 2001 the Alaska Department of Environmental
Conservation submitted revisions to the Carbon Monoxide State
Implementation Plan for Fairbanks, Alaska.
(i) Incorporation by reference. (A) Air Quality Control Regulations,
18 AAC 50.030, as adopted 7/27/01, effective 9/21/01.
(B) Assembly Ordinance 2001-17 mandating a Fairbanks North Star
Borough motor vehicle plug-in program, as adopted 4/12/2001, effective
4/13/01.
(ii) Additional material. Volume II, Section III.C of the State Air
Quality Control Plan adopted 7/27/01, effective 9/21/01; Volume III.C3,
III.C.5, C.11, and C.12 of the Appendices; adopted 7/27/01, effective 9/
21/01.
(33) [Reserved]
(34) On February 18, 2004, the Alaska Department of Environmental
Quality submitted a CO maintenance plan and requested the redesignation
of Anchorage to attainment for CO. The State's maintenance plan,
attainment year emissions inventory, and the redesignation request meet
the requirements of the Clean Air Act.
(i) Incorporation by reference. (A) 18AAC50.010, Ambient air quality
standards, as effective June 21, 1998, except for subsections (7) and
(8).
(B) 18AAC50.015, Air quality designations, classifications, and
control regions, as in effect February 20, 2004.
(C) 18AAC53.010, Control periods and control areas, as in effect
February 20, 2004.
(D) 18AAC53.190, Suspension and reestablishment of control period,
as in effect February 20, 2004.
(E) 18AAC50.021, of the State Air Quality Control Plan, as
referenced in (c)(19)(i)(C) of this section, effective April 23, 1994,
is removed.
(35) On June 21, 2004, the Alaska Department of Environmental
Conservation submitted a carbon monoxide maintenance plan and requested
the redesignation of Fairbanks to attainment for carbon monoxide. The
State's maintenance plan and the redesignation request meet the
requirements of the Clean Air Act.
(i) Incorporation by reference. (A) 18AAC50.015, Air quality
designations, classifications, and control regions, as in effect June
24, 2004.
(B) Assembly Ordinance No. 2003-71--An Ordinance amending the Carbon
Monoxide Emergency Episode Prevention Plan including implementing a
Woodstove Control Ordinance, adopted October 30, 2003.
(36) On May 6, 2005 and June 30, 2006, the Alaska Department of
Environmental Conservation (ADEC) submitted amendments to ADEC's air
quality regulations, as revision to the State of Alaska Implementation
Plan.
(i) Incorporation by reference.
(A) The following new and revised sections of ADEC's air quality
regulations:
(1) 18 AAC 50.080 Ice Fog Standards; State effective January 18,
1997.
(2) 18 AAC 50.025 Visibility and Other Special Protection Areas; 18
AAC 50.070 Marine Vessel Visible Emission Standards. All provisions in
this paragraph are State effective June 21, 1998.
(3) 18 AAC 50.050 Incinerator Emission Standards; State effective
May 3, 2002.
(4) 18 AAC 50.005 Purpose of Chapter; 18 AAC 50.010 Ambient Air
Quality Standards [except (7) and (8)]; 18 AAC
[[Page 118]]
50.015 Air Quality Designations, Classifications, and Control Regions;
18 AAC 50.020 Baseline Dates and Maximum Allowable Increases, 18 AAC
50.045 Prohibitions; 18 AAC 50.055 Industrial Processes and Fuel-Burning
Equipment [except (d)(2)(B)]; 18 AAC 50.100 Nonroad Engines; 18 AAC
50.200 Information Requests; 18 AAC 50.201 Ambient Air Quality
Investigation; 18 AAC 50.205 Certification; 18 AAC 50.215 Ambient Air
Quality Analysis Methods [except (a)(3)]; 18 AAC 50.220 Enforceable Test
Methods [except (c)(2)]; 18 AAC 50.245 Air Episodes and Advisories; 18
AAC 50.250 Procedures and Criteria for Revising Air Quality
Classifications; 18 AAC 50.301 Permit Continuity; 18 AAC 50.302
Construction Permits; 18 AAC 50.306 Prevention of Significant
Deterioration (PSD) Permits [except (b)(2) and (b)(3)]; 18 AAC 50.311
Nonattainment Area Major Stationary Source Permits; 18 AAC 50.345
Construction and Operating Permits: Standard Permit Conditions [except
(b), (c)(3), and (l)]; 18 AAC 50.508 Minor Permits Requested by the
Owner or Operator [except (1) and (2)]; 18 AAC 50.546 Minor Permits:
Revisions [except (b)]; 18 AAC 50.560 General Minor Permits; 18 AAC
50.900 Small Business. All provisions in this paragraph are State
effective October 1, 2004.
(5) 18 AAC 50.542 Minor Permit: Review and Issuance [except (b)(2),
(f)(4), (f)(5), and (g)(1) but only with respect to clean units and
pollution control projects]; State effective December 1, 2004.
(6) 18 AAC 50.225 Owner-Requested Limits; 18 AAC 50.230 Preapproved
Emission Limits [except (d)]; 18 AAC 50.544 Minor Permits: Content
[except (e)]. All provisions in this paragraph are State effective
January 29, 2005.
(7) 18 AAC 50.035 Documents, Procedures, and Methods Adopted By
Reference [except (b)(4)]; 18 AAC 50.040 Federal Standards Adopted by
Reference [except (a), (b), (c), (d), (e), (g), (h)(17), (h)(18),
(h)(19), (i)(7), (i)(8), (i)(9), and (j)]; 18 AAC 50.502 Minor Permits
for Air Quality Protection [except (g)(1) and (g)(2)]; 18 AAC 50.540
Minor Permit: Application [except (f) and (g)];18 AAC 50.990 Definitions
[except (21), and (77)]. All provisions in this paragraph are State
effective December 3, 2005.
(B) Remove the following provisions from the current incorporation
by reference:
(1) 18 AAC 50.030 State Air Quality Control Plan; State effective
September 21, 2001.
(2) 18 AAC 50.035 (b)(4) Documents, Procedures and Methods Adopted
by Reference; State Effective January 18, 1997.
(3) 18 AAC 50.090 Ice Fog Limitations; State effective May 26, 1972.
(4) 18 AAC 50.220(c)(2) Enforceable Test Methods; State effective
January 18, 1997.
(5) 18 AAC 50.300 Permit to Operate and 18 AAC 50.400 Application
Review & Issuance of Permit to Operate. The provisions in this paragraph
were State effective July 21, 1991 and April 23, 1994.
(6) 18 AAC 50.520 Emissions and Ambient Monitoring; State effective
July 21, 1991.
(7) 18 AAC 50.530 Circumvention; State effective June 7, 1987.
(8) 18 AAC 50.310 Revocation or Suspension of Permit; State
effective May 4, 1980.
(9) 18 AAC 50.400 Permit Administration Fees; 18 AAC 50.420 Billing
Procedures; and 18 AAC 50.430 Appeal Procedures. The provisions of this
paragraph were State effective January 18, 1997.
(10) 18 AAC 50.600 Reclassification Procedures & Criteria; State
effective November 1, 1982.
(11) 18 AAC 50.620 State Air Quality Control Plan; State effective
January 4, 1995.
(12) 18 AAC 50.900 Definitions; State effective July 21, 1991 and
January 4, 1995.
(ii) Additional Material.
(A) The following section of ADEC's air quality regulations: 18 AAC
50.030 State Air Quality Control Plan, State effective October 1, 2004.
(37) On March 29, 2002, December 11, 2006 and June 5, 2008 the
Alaska Department of Environmental Conservation submitted revisions to
the SIP approved inspection and maintenance program for Carbon Monoxide.
The SIP revisions meet the requirements of the Clean Air Act.
(i) Incorporation by reference.
[[Page 119]]
(A) The following new and revised sections of ADEC's air quality
regulations:
(1) 18 AAC 50.030 Air Quality Control as in effect May 17, 2008.
(2) 18 AAC 52 Emissions Inspection and Maintenance Requirements for
Motor Vehicles as in effect May 17, 2008.
(3) AO 2006-13 an ordinance amending Anchorage Municipal Code
chapters 15.80 and 15.85 to comply with State I/M regulations and to
comply with DMV Electronic Procedures January 24, 2006 and Chapters
15.80 and 15.85 of the Anchorage Municipal Code as approved February 14,
2006.
(ii) Additional material
(A) The following revised sections of Alaska's air quality
regulations:
(1) State Air Quality Control Plan--Vol. II Analysis of Problems,
Control Actions, Section II: Air Quality Program, April 4, 2008
(2) State Air Quality Control Plan--Vol. II Analysis of Problems,
Control Actions, Section III.A. Statewide Carbon Monoxide Control
Program, April 4, 2008
(3) State Air Quality Control Plan--Vol. II Analysis of Problems,
Control Actions, Section III.C. Fairbanks Transportation Control
Program, April 4, 2008
(4) Amendments to State Air Quality Control Plan, Vol. III
Appendices (Appendix III.A.2 and Appendix to III.C.3), April 4, 2008
(5) State Air Quality Control Plan--Vol. II Analysis of Problems,
Control Actions, Section III.B. Anchorage Transportation Control
Program, September 19, 2006
(6) Vol. III. Appendix to Vol. II, Sec II, September 19, 2006
(7) Vol. III. Appendix to Vol. II, Sec III.A, September 19, 2006
(8) Vol. III. Appendix to Vol. II, Sec III.B, September 19, 2006
(9) Vol. III. Appendix to Vol. II, Sec III.C, September 19, 2006
(38) On November 19, 2010, the Alaska Department of Environmental
Conservation (ADEC) submitted a revision to the State of Alaska
Implementation Plan that adds a definition of ``Subject to regulation''
as it applies to greenhouse gases in Alaska's Prevention of Significant
Deterioration (PSD) permit rule.
(i) Incorporation by reference. (A) The following section of ADEC's
air quality regulations: The incorporation by reference date for 40 CFR
52.21 in 18 AAC 50.040(h), introductory paragraph, but only with respect
to its incorporation by reference of the definition of ``Subject to
regulation'' in 40 CFR 52.21(b)(49) for the purpose of greenhouse gases
only; State effective December 9, 2010.
(39) On April 9, 2010, the Alaska Department of Environmental
Conservation (ADEC) submitted a revision to the Alaska State
Implementation Plan (SIP) to update the SIP to include the 2008 ozone
standard at an 8-hour averaging period, the associated federal method
for measuring and monitoring ozone in ambient air, and a general
definition of ozone.
(i) Incorporation by reference. (A) The following revised sections
of Alaska Administrative Code Title 18: Chapter 50, effective April 1,
2010:
(1) Article 1, Ambient Air Quality Management: Rule 010 Ambient Air
Quality Standards, the undesignated introductory text, and (4); Rule 035
Documents, procedures, and methods adopted by reference, (b) the
undesignated introductory text, and (b)(1), but only with respect to the
incorporation by reference of 40 CFR part 50, Appendix P;
(2) Article 2, Program Administration: Rule 215 Ambient Air Quality
Analysis Methods, (a) introductory text, and (a)(2);
(3) Article 9, General Provisions, Rule 990 Definitions, (129).
(40) On November 19, 2010, and July 9, 2012, the Alaska Department
of Environmental Conservation (ADEC) submitted revisions to the Alaska
State Implementation Plan (SIP) to update the SIP to include federal
Prevention of Significant Deterioration (PSD) program changes to
regulate NOX as a precursor to ozone, and provisions to
satisfy CAA section 128 conflict of interest disclosure requirements.
(i) Incorporation by reference. (A) The following revised sections
of Alaska Administrative Code Title 18, Chapter 50, effective December
9, 2010:
[[Page 120]]
(1) Article 1, Ambient Air Quality Management: Rule 040 Federal
standards adopted by reference, (h) the undesignated introductory text,
only with respect to 40 CFR Part 52 and (h)(4), only with respect to the
incorporation by reference date for ``significant'' at 40 CFR
52.21(b)(23)(i);
(2) Article 9, General Provisions, Rule 990 Definitions, (52)(A),
``major stationary source,'' (53)(A), ``major modification,'' and (92),
``regulated NSR pollutant.''
(ii) Additional material. (A) The following sections of Alaska
Administrative Code Title 2 and Title 9, effective February 20, 2005:
(1) Title 2, Administration: Chapter 50, Alaska Public Offices
Commission: Conflict of Interest, Campaign Disclosure, Legislative
Financial Disclosure, and Regulations of Lobbying; Article 1, Public
Official Financial Disclosure (2 AAC 50.010-2 AAC 50.200);
(2) Title 9, Law: Chapter 52, Executive Branch Code of Ethics (9 AAC
52.010-9 AAC 52.990).
(41) On April 4, 2011, the Alaska Department of Environmental
Conservation submitted a SIP revision to meet the regional haze
requirements of Clean Air Act sections 169A and 169B, and Federal
Regulations 40 CFR 51.308, to implement a regional haze program in the
State of Alaska for the first planning period through July 31, 2018.
(i) Incorporation by reference.
(A) The following revised section of the Alaska Administrative
Rules: Alaska Department of Environmental Conservation, 18 AAC 50.260,
``Guidelines for Best Available Retrofit Technology under the Regional
Haze Rule'', state effective date December 30, 2007.
(ii) Additional material.
(A) The following section of ADEC's air quality control regulations:
18 AAC 50.030 State Air Quality Control Plan; state effective date
February 11, 2011; Volume II, Section III. F. Open Burning; and Volume
II, Section III. K. Area Wide Pollution Control Program for Regional
Haze.
(42) On May 14, 2009, the Alaska Department of Environmental
Conservation submitted a PM10 limited maintenance plan and
requested the redesignation of the Mendenhall Valley to attainment for
PM10. The state's limited maintenance plan and redesignation
request meet the requirements of the Clean Air Act.
(i) Incorporation by reference.
(A) Alaska Administrative Code, Title 18, Chapter 50 Air Quality
Control, Section 075 ``Wood-fired heating devise visible emission
standards,'' effective May 6, 2009.
(B) Alaska Department of Environmental Conservation State Air
Quality Control Plan, Volume III, Appendix III.D.3.5, Ordinance of the
City and Borough of Juneau, Alaska, Serial No. 2008-28, adopted February
20, 2009
[37 FR 10848, May 31, 1972]
Editorial Note: For Federal Register citations affecting Sec. 52.70,
see the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and at www.fdsys.gov.
Sec. 52.75 [Reserved]
Sec. 52.76 1990 Base Year Emission Inventory.
(a) EPA approves as a revision to the Alaska State Implementation
Plan the 1990 Base Year Carbon Monoxide Emission Inventory for the
Anchorage and Fairbanks areas designated as nonattainment for CO,
submitted by the Alaska Department of Environmental Conservation on
December 29, 1993. This submittal consists of the 1990 base year
stationary, area, non-road mobile, and on-road mobile sources for the
pollutant carbon monoxide.
(b) EPA approves a revision to the Alaska State Implementation Plan,
submitted on December 5, 1994, of the on-road mobile source portion of
the 1990 Base Year Emission Inventory for Carbon Monoxide in Anchorage
and Fairbanks.
[62 FR 6132, Feb. 11, 1997, as amended at 63 FR 50764, Sept. 23, 1998]
Secs. 52.77-52.81 [Reserved]
Sec. 52.82 Extensions.
The Administrator, by authority delegated under section 186(a)(4) of
the Clean Air Act, as amended in 1990, hereby extends for one year
(until December 31, 1996) the attainment date
[[Page 121]]
for the MOA, Alaska CO nonattainment area.
[61 FR 33678, June 28, 1996]
Secs. 52.83-52.95 [Reserved]
Sec. 52.96 Significant deterioration of air quality.
(a) The State of Alaska Department of Environmental Conservation Air
Quality Control Regulations as in effect on December 3, 2005
(specifically 18 AAC 50.010 except (7) and (8); 50.015; 50.020;
50.030(6) and (7); 50.035(a)(4) and (5); 50.040(h) except (17), (18),
and (19); 50.215 except (a)(3); 50.250; 50.306 except (b)(2) and (b)(3);
50.345 except (b), (c)(3) and (l); and 50.990 except (21) and (77)) are
approved as meeting the requirements of part C for preventing
significant deterioration of air quality. The following regulations as
in effect on April 1, 2010, are also approved as meeting the
requirements of part C for preventing significant deterioration of air
quality: 18 AAC 50.010 (introductory paragraph); 18 AAC 50.010(4); 18
AAC 50.035(b) (introductory paragraph); 18 AAC 50.035(b)(1), only with
respect to the incorporation by reference of 40 CFR part 50, Appendix P;
18 AAC 50.215(a) (introductory paragraph and (a)(2); and 18 AAC
50.990(129). The following regulations as in effect on December 9, 2010,
are also approved as meeting the requirements of part C for preventing
significant deterioration of air quality: 18 AAC 50.040(h) (introductory
paragraph) with respect to 40 CFR 52.21, and (h)(4), only with respect
to the incorporation by reference date for ``significant'' at 40 CFR
52.21(b)(23)(i) and ``subject to regulation'' at 52.21(b)(49) for the
purpose of greenhouse gases only; and 18 AAC 50.990 (52)(A), (53)(A),
and (92).
(b) The requirements of sections 160 through 165 of the Clean Air
Act are not met for Indian reservations since the plan does not include
approvable provisions for preventing the significant deterioration of
air quality on Indian reservations and, therefore, the provisions of
Sec. 52.21 except paragraph (a)(1) are hereby incorporated and made part
of the applicable plan for Indian reservations in the State of Alaska.
[72 FR 45380, Aug. 14, 2007, as amended at 76 FR 7117, Feb. 9, 2011; 77
FR 64427, Oct. 22, 2012]
Secs. 52.97-52.98 [Reserved]
Subpart D_Arizona
Sec. 52.111 Toll free number assignment.
Toll free numbers shall be made available on a first-come, first-
served basis unless otherwise directed by the Commission.
[63 FR 16441, Apr. 3, 1998]
Sec. 52.120 Identification of plan.
(a) Title of plan: ``The State of Arizona Air Pollution Control
Implementation Plan.''
(b) The plan was officially submitted on January 28, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Letter of intent to revise plan submitted on March 1, 1972, by
the Arizona State Board of Health.
(2) Letter of intent to revise plan submitted on March 2, 1972, by
the Governor.
(3) Revised implementation plan submitted on May 30, 1972, by the
Governor.
(i) Maricopa County Bureau of Air Pollution Control.
(A) Previously approved on July 27, 1972 and now deleted without
replacement Rules 60 to 67.
(4) Transportation control plan submitted on April 11, 1973, by the
Governor.
(5) Amendments (Non-regulatory) to the transportation control plan
submitted on May 10, 1973, by the Governor.
(6) Arizona Air Pollution Control Regulations (numbers in
parentheses indicate recodification of regulations as identified in the
Arizona State Implementation Plan Semi-Annual Report submitted to EPA on
September 4, 1975).
7-1-1.1 (R9-3-101) (Policy and Legal Authority)
7-1-1.3 (R9-3-103) (Air Pollution Prohibited)
7-1-1.5 (R9-3-105) (Enforcement)
7-1-4.3 (R9-3-403) (Sulfur Emissions: Sulfite Pulp Mills)
[[Page 122]]
7-1-4.4 (R9-3-404) (Sulphur Emissions: Sulfuric Acid Plants)
7-1-4.5 (R9-3-405) (Sulphur Emissions: Other Industries)
7-1-5.1 (R9-3-501) (Storage of Volatile Organic Compounds)
7-1-5.2 (R9-3-502) (Loading of Volatile Organic Compounds)
7-1-5.3 (R9-3-503) (Organic Compound Emissions: Pumps and Compressors)
7-1-5.4 (R9-3-504) (Organic Solvents)
7-1-6.1 (R9-3-601) (Carbon Monoxide Emissions: Industrial)
7-1-7.1 (R9-3-701) (Nitrogen Oxide Emissions: Fuel Burning
Installations)
7-1-7.2 (R9-3-702) (Nitrogen Oxide Emissions: Nitric Acid Plants
7-1-8.3 (R9-3-803) (New Installations)
Submitted on August 20, 1973.
(7) Revised transportation control plan submitted on September 11,
1973, by the Governor.
(8) Letter supplementing the revised transportation control plan
encouraging mass transit, carpooling, etc., submitted on September 21,
1973, by the Governor.
(9) Letter supplementing the revised transportation control plan
encouraging mass transit, carpooling, etc., submitted on October 2,
1973, by the Governor.
(10) Maricopa County Air Pollution Control District Regulation III,
Rule 31 (Particulate Matter Emissions) submitted on January 28, 1974.
(11) Arizona Air Pollution Control Regulation 7-1-1.7 (R9-3-107)
(Unlawful open burning) submitted on February 19, 1974.
(12) Pima County Air Pollution Control District Regulation II, Rule
2 (Particulate matter emissions) submitted on March 19, 1974.
(13) Air quality maintenance area designation analysis submitted on
April 17, 1974, by the Arizona Department of Health Services.
(14) Arizona Air Pollution Control Regulations:
7-1-2.10 (R9-3-210) (Emergency Episode Criteria)
7-1-4.2 (R9-3-402) (Sulfur Emissions: Fuel Burning Installations)
Submitted on August 30, 1974.
(15) Arizona Air Pollution Control regulations 7-1-8.1 (R9-3-801)
(Original State jurisdiction); 7-1-8.2 (R9-3-802) (Assertions of
jurisdiction); 7-1-8.3 (R9-3-803) (Delegation of authority); 7-1-11.3
(R9-3-1203) (Suspension and revocation of permits); 7-1-11.4 (R9-3-1204)
(Permits non-transferable); 7-1-11.5 (R9-3-1205) (Posting of permits);
7-1-11.6 (R9-3-1206) (Notice by permit agencies); 7-1-11.7 (R9-3-1207)
(Equipment covered); 7-1-11.9 (R9-3-1209) (Permit Fees); and 7-1-1.4
(R9-3-104) (Recordkeeping and reporting) submitted September 27, 1974.
(16) Assertion of State Jurisdiction over Apache, Navajo, Santa Cruz
and Yavapai Counties; Assertion of State Jurisdiction over Cochise
County; and Assertion of State Jurisdiction over specific sources in
Mohave County.
Submitted on February 3, 1975.
(17) Amendments to the Rules and Regulations of the Pima County Air
Pollution Control District (Regulation I: Rules 2, 4D, 4E, 4J, 8G, 16C,
29, and 30) submitted on February 20, 1975, by the Director, Arizona
Department of Health Services (the Governor's official representative).
(18) Air pollution control regulations for various counties
submitted by the Governor on July 1, 1975, as follows:
(i) Coconino County Air Pollution Control Regulations.
12-1-1 (Legal Authority)
12-1-2 (Definitions)
12-1-3 (Air Pollution Prohibited)
12-2-2 (Operating Permits)
12-2-4 (Permit Fees)
12-2-5 (Permit Renewals)
12-2-7 (Testing of Installations)
12-2-8 (Compliance with Terms of Installation Permit)
12-2-9 (Notification of Denial of Permit)
12-2-10 (Appeals to the Hearing Board)
12-2-11 (Permits Not Transferable)
12-2-12 (Expiration of Installation Permit)
12-2-13 (Posting of Permits)
12-3-1 (Ambient Air Quality Standards)
12-3-2 (Emission Standards)
12-3-3 (Reporting of Emissions)
12-3-4 (Production of Records: Confidentiality)
12-3-5 (Monitoring Devices)
12-3-6 (Penalty for Violation)
12-4-1 (Shade, Density, or Opacity of Emissions)
12-4-2 (Dust Control)
12-4-3 (Processing of Animal or Vegetable Matter)
12-4-4 (Volatile and Odorous Materials)
12-4-5 (Storage and Handling of Petroleum Products)
12-5-1 (Permit Required)
12-5-2 (Performance Tests: Permit Tags)
12-5-3 (Emission Limitations)
[[Page 123]]
12-5-4 (Authority of Other Public Agencies)
12-6-1 (Unlawful Open Burning)
12-6-2 (Exceptions Requiring no Permission)
12-6-3 (Exceptions Requiring Permission)
12-6-4 (Exceptions Under Special Circumstances)
12-7-1 (Misdemeanor: Penalty)
12-7-2 (Order of Abatement)
12-7-3 (Hearings on Orders of Abatement)
12-7-5 (Notice of Hearing; Publication; Service)
12-7-6 (Injunctive Relief)
(A) Previously approved on November 15, 1978 and now deleted without
replacement Rules 12-7-2, 12-7-3, 12-7-5, and 12-7-6.
(B) Previously approved on November 15, 1978 in paragraph (i) of
this section and now deleted without replacement Rules 12-1-1 through
12-1-3, 12-2-2, 12-2-4, 12-2-5, 12-2-7 through 12-2-13, 12-3-1, 12-3-3
through 12-3-6, 12-4-1 through 12-4-5, 12-5-1 through 12-5-4, 12-6-1
through 12-6-4, and 12-7-1.
(ii) Mohave County Air Pollution Control Regulations.
Sec. 1, Reg. 1 (Policy and Legal Authority)
Sec. 1, Reg. 2 (Definitions)
Sec. 1, Reg. 3 (Air Pollution Prohibited)
Sec. 1, Reg. 4 (Enforcement)
Sec. 2, Reg. 1 (Shade, Density or Opacity of Emissions)
Sec. 2, Reg. 2 (Particulate Matter)
Sec. 2, Reg. 3 (Reduction of Animal or Vegetable Matter)
Sec. 2, Reg. 4 (Evaporation and Leakage)
Sec. 2, Reg. 5 (Storage Tanks)
Sec. 3, Reg. 1 (Particulate Matter from Fuel Burning Installations)
Sec. 3, Reg. 2 (Particulate Matter from Other Sources)
Sec. 3, Reg. 3 (Sulfur from Primary Copper Smelters)
Sec. 3, Reg. 4 (Ground Level Concentrations)
Sec. 3, Reg. 5 (Exceptions)
Sec. 3, Reg. 6 (Incinerators)
Sec. 4, Reg. 1 and Reg. 2 (Responsibility and Requirements of Testing)
Sec. 5, Reg. 1 (Open Fires: Prohibition and Exceptions)
Sec. 6, Reg. 1 (Sulfur Dioxide)
Sec. 6, Reg. 2 (Non-Specific Particulate)
Sec. 6, Reg. 3 (Evaluation)
Sec. 6, Reg. 4 (Anti-Degradation)
Sec. 7 (Violations)
(A) Previously approved on November 15, 1978 in paragraph (ii) of
this section and now deleted without replacement Rules 1-1 through 1-4,
2-1 through 2-5, 3-1, 3-2, 3-6, 4-1, 4-2, 5-1, 6-1 through 6-4, and 7.
(iii) Yuma County Air Pollution Control Regulations.
8-1-1.1 (Policy and Legal Authority)
8-1-1.2 (Definitions)
8-1-1.3 (Air Pollution Prohibited)
8-1-1.4 (Recordkeeping and Reporting)
8-1-1.5 (Enforcement)
8-1-1.6 (Exceptions)
8-1-2.1 (Non-Specific Particulate)
8-1-2.2 (Sulfur Dioxide)
8-1-2.3 (Non-Methane Hydrocarbons)
8-1-2.4 (Photochemical Oxidants)
8-1-2.5 (Carbon Monoxide)
8-1-2.6 (Nitrogen Dioxide)
8-1-2.7 (Evaluation)
8-1-2.10 (Emergency Episode Criteria)
8-1-3.1 (Visible Emissions; General)
8-1-3.2 (Fugitive Dust)
8-1-3.3 (Particulates--Incineration)
8-1-3.4 (Particulates--Wood Waste Burners)
8-1-3.5 (Particulates--Fuel Burning Equipment)
8-1-3.6 (Particulates--Process Industries)
8-1-4.2 (Fuel Burning Installations)
8-1-4.3 (Sulfur Emissions--Sulfite Pulp Mills)
8-1-4.4 (Sulfur Emissions--Sulfuric Acid Plants)
8-1-4.5 (Sulfur Emissions--Other Industries)
8-1-5.1 (Storage of Volatile Organic Compounds)
8-1-5.2 (Loading of Volatile Organic Compounds)
8-1-5.3 (Pumps and Compressors)
8-1-5.4 (Organic Solvents; Other Volatile Compounds)
8-1-6.1 (CO2 Emissions--Industrial)
8-1-7.1 (NO2 Emissions--Fuel Burning Equipment)
8-1-7.2 (NO2 Emissions--Nitric Acid Plants)
8-1-8.1 (Open Burning--Prohibition)
8-1-8.2 (Open Burning--Exceptions)
(A) Previously approved on November 15, 1978 in paragraph (iii) of
this section and now deleted without replacement Rules 8-1-1.1, 8-1-2.7,
8-1-2.10, 8-1-4.2 through 8-1-4.5, 8-1-5.1 through 8-1-5.4, 8-1-6.1, 8-
1-7.1, 8-1-7.2, 8-1-8.1, and 8-1-8.2.
(iv) Pinal-Gila Counties Air Pollution Control Regulations.
7-1-1.1 (Policy and Legal Authority)
7-1-1.2 (Definitions)
7-1-1.3 (Air Pollution Prohibited)
7-1-2.2 (Permit Unit Description and Fees)
7-1-2.4 (Appeals to Hearing Board)
7-1-2.5 (Transfer: Posting: Expirations)
7-1-2.6 (Recordkeeping and Reporting)
7-1-2.7 (Enforcement)
7-1-2.8 (Exceptions)
7-1-4.1 and 7-1-4.2 (Orders of Abatement)
7-1-5.1 (Classification and Reporting: Production of Records:
Violation: and Penalty)
[[Page 124]]
7-1-5.2 (Special Inspection Warrant)
7-1-5.3 (Decisions of Hearing Boards: Subpoenas)
7-1-5.4 (Judicial Review: Grounds: Procedures)
7-1-5.5 (Notice of Hearing: Publication: Service)
7-1-5.6 (Injunctive Relief)
7-2-1.1 (Non-Specific Particulate)
7-2-1.2 (Sulfur Dioxide)
7-2-1.3 (Non-Methane Hydrocarbons)
7-2-1.4 (Photochemical Oxidants)
7-2-1.5 (Carbon Monoxide)
7-2-1.6 (Nitrogen Dioxide)
7-2-1.7 (Evalution)
7-2-1.8 (Anti-Degradation)
7-3-1.1 (Visible Emissions: General)
7-3-1.2 (Particulate Emissions--Fugitive Dust)
7-3-1.3 (Open Burning)
7-3-1.4 (Particulate Emissions--Incineration)
7-3-1.5 (Particulate Emissions--Wood-Waste Burners)
7-3-1.6 (Reduction of Animal or Vegetable Matter)
7-3-1.7 (Particulate Emissions--Fuel Burning Equipment)
7-3-1.8 (Particulate Emissions--Process Industries)
7-3-2.1 (Copper Smelters)
7-3-2.2 (SO2 Emissions--Fuel Burning Installations)
7-3-2.3 (SO2 Emissions--Sulfite Pulp Mills)
7-3-2.4 (SO2 Emissions--Sulfuric Acid Plants)
7-3-2.5 (Other Industries)
7-3-3.1 (Storage of Volatile Organic Compounds)
7-3-3.2 (Loading of Volatile Organic Compounds)
7-3-3.3 (Pumps and Compressors)
7-3-3.4 (Organic Solvents: Other Volatile Compounds)
7-3-4.1 (CO2 Emissions--Industrial)
7-3-5.1 (NO2 Emissions--Fuel Burning Equipment)
7-3-5.2 (NO2 Emissions--Nitric Acid Plants)
7-3-6.1 (Policy and Legal Authority)
(A) Previously approved on November 15, 1978 and now deleted without
replacement Rules 7-1-4.1 to 7-1-4.2 and 7-1-5.1 to 7-1-5.6.
(B) Previously approved on November 15, 1978 and now deleted without
replacement Rules 7-1-2.2, 7-1-2.4, 7-1-2.7, 7-2-1.3, and 7-3-6.1.
(C) Previously approved on December 17, 1979 and now deleted without
replacement Rule 7-3-2.5.
(D) Previously approved on November 15, 1978 in paragraph
(c)(18)(iv) of this section and now deleted without replacement Rules 7-
1-1.1, 7-1-1.3, 7-1-2.5, 7-1-2.6, 7-2-1.1, 7-2-1.2, 7-2-1.4, 7-2-1.5, 7-
2-1.6, 7-2-1.7, and 7-3-1.6.
(E) Previously approved on December 17, 1979 in paragraph
(c)(18)(iv) of this section and now deleted without replacement Rule 7-
2-1.8.
(F) Previously approved on November 15, 1978 in paragraph
(c)(18)(iv) of this section and now deleted without replacement with
respect to Gila County only Rules 7-3-1.2, 7-3-1.3, 7-3-1.4, 7-3-1.5, 7-
3-1.7, 7-3-1.8, 7-3-2.2, 7-3-2.3, 7-3-2.4, 7-3-3.1, 7-3-3.2, 7-3-3.3, 7-
3-4.1, 7-3-5.1, and 7-3-5.2.
(G) Previously approved on December 17, 1979 in paragraph
(c)(18)(iv) of this section and now deleted without replacement with
respect to Gila County only Rule 7-3-2.5.
(19) Arizona Air Pollution Control Regulations:
R9-3-102 (Definitions)
R9-3-108 (Test Methods and Procedures)
R9-3-301 (Visible Emissions--General)
R9-3-302 (Particulate Emissions: Fugutive Dust)
R9-3-303 (Particulate Emissions: Incineration)
R9-3-304 (Particulate Emissions: Wood Waste Burners)
R9-3-305 (Particulate Emissions: Fuel Burning Equipment)
R9-3-307 (Particulate Emissions: Portland Cement Plants)
R9-3-308 (Particulate Emissions: Heater-Planers)
Submitted on September 16, 1975.
(20) Arizona Air Pollution Control Regulations R9-3-505 (Gasoline
Volatility Testing); R9-3-506 (Gasoline Volatility Standards); R9-3-1001
(Policy and Legal Authority); R9-3-1020 (State Stations Acting as Fleet
Inspection Stations); any Fleet Inspection Stations for State Stations);
submitted on January 23, 1976.
(21) Amendments to the rules and Regulations of the Pima County Air
Pollution Control District (Regulation I:
Rule 2 (paragraph uu-yy, Definitions); regulation II (Fuel Burning
Equipment): Rule 2G (paragraphs 1-4c, Particulate Emissions), Rule 7A
(paragraphs 1-6, Sulfur Dioxide Emissions), Rule 7B (paragraphs 1-4,
Nitrogen Oxide Emission); Regulation VI: Rule 1A-H, (Ambient Air Quality
Standards); Regulation VII (paragraph A-D, Standards of Performance for
New Stationary Sources);
[[Page 125]]
and Regulation VIII (paragraphs A-C, Emission Standards for Hazardous
Air Pollutants)) submitted on September 30, 1976 by the Director,
Arizona Department of Health Services (the Governor's official
representative).
(22)-(23) [Reserved]
(24) Arizona Air Pollution Control Regulations R9-3-1002
(Definitions); R9-3-1003 (Vehicles To Be Inspected by the Mandatory
Vehicular Emissions Inspection Program); R9-3-1004 (State Inspection
Requirements); R9-3-1005 (Time of Inspections); R9-3-1006 (Mandatory
Vehicular Emissions Inspection); R9-3-1007 (Evidence of Meeting State
Inspection Requirements); R9-3-1008 (Procedure for Issuing Certificates
of Waiver); R9-3-1010 (Low Emissions Tune Up); R9-3-1011 (Inspection
Report); R9-3-1012 (Inspection Procedure and Fee); R9-3-1013
(Reinspections); R9-3-1016 (Licensing of Inspectors); R9-3-1017
(Inspection of Governmental Vehicles); R9-3-1018 (Certificate of
Inspection); R9-3-1019 (Fleet Station Procedures and Permits); R9-3-1022
(Procedure for Waiving Inspections Due to Technical Difficulties); R9-3-
1023 (Certificate of Exemption); R9-3-1025 (Inspection of State
Stations); R9-3-1026 (Inspection of Fleet Stations); R9-3-1027
(Registration of Repair Industry Analyzers); R9-3-1029 (Vehicle Emission
Control Devices); and R9-3-1030 (Visible Emissions; Diesel-Powered
Locomotives); submitted on February 11, 1977.
(25) [Reserved]
(26) Maricopa County Air Pollution Control District Regulation IV,
rule 41, paragraph B (Continuously Monitoring and Recording Emissions)
submitted on July 29, 1977.
(27) The following amendments to the plan were submitted on January
4, 1979 by the Governor's designee.
(i) Arizona State Rules and Regulations for Air Pollution Control.
(A) R-9-3-101, A., Nos. 2, 3, 29, 41, 53, 55, 87, 88, 89, 91, 92,
95, 100 and 117; R9-3-301, paragraphs D, J, and N; R9-3-306, paragraphs
D and J; and R9-3-307, paragraphs C and E.
(B) New or amended Rules R9-3-101 (Nos. 1, 4, 6, (a, c, and d), 8,
9, 11, 13, 17 to 26, 28, 30 to 35, 37 to 40, 43 to 45, 48, 49, 54, 57 to
59, 61 to 73, 77 to 80, 82, 83, 86, 90, 94, 96, 98, 101, 102, 104, 105,
107 to 115, 118 to 120, 122, to 129, and 131), R9-3-217, R9-3-218, R9-3-
219, R9-3-308, R9-3-310 (Paragraph C), R9-3-311 (Paragraph A), R9-3-312,
R9-3-313 (Paragraphs A.1, A.2.b, A.3, A.4, B to D.1, D.3, D.4.a to
F.1.2.iii, F.1.b., and F.2.b. to F.4), R9-3-314 to R9-3-319, R9-3-402 to
R9-3-404, R9-3-406, R9-3-407, R9-3-409, R9-3-410, R9-3-502 (Paragraphs
B, C, C.2, and D to G), R9-3-503 (Paragraph A), R9-3-504 (Paragraphs B
and C), R9-3-505 (Paragraphs A, B.1.b., B.2.b, and B.3 to D), R9-3-506
(Paragraphs A.2, B, C.1.a to C.4), R9-3-507 (Paragraphs D to F), R9-3-
508 (Paragraphs A and C), R9-3-510 (Paragraphs B to E), R9-3-511
(Paragraph B), R9-3-512 (Paragraph B), R9-3-513 (Paragraphs B and C),
R9-3-514 (Paragraphs B and C), R9-3-516 (Paragraph B), R9-3-517
(Paragraphs B and C), R9-3-518 (Paragraphs B and C), R9-3-519
(Paragraphs A.2, A.3.a to A.3.c, A.3.e and B to C), R9-3-520 (Paragraphs
B and C), R9-3-521 (Paragraphs B to D), R9-3-522 (Paragraphs A.1 to A.5,
B and C), R9-3-523 (Paragraph B), R9-3-524 (Paragraphs C, D.1, D.2, D.4
to G.5), R9-3-525 (Paragraphs B to D), R9-3-526, R9-3-527, R9-3-528
(Paragraphs B to E and F.1 to F.4), R9-3-601 to R9-3-605, R9-3-1101, R9-
3-1102, Appendix 10 (Sections A10.1.3.3, A10.1.4. and A10.2.2 to
A10.3.4.) and Appendix 11.
(28) The following amendments to the plan were submitted on January
18, 1979 by the Governor's designee.
(i) Maricopa County Bureau of Air Pollution Control Rules and
Regulations.
(A) Rule 33, Storage and Handling of Petroleum Products.
(B) New or amended Rules 21G and 41.
(29) The following amendments to the plan were submitted on January
23, 1979, by the Governor's designee.
(i) Arizona State Rules and Regulations for Air Pollution Control.
(A) Arizona Testing Manual for Air Pollutant Emissions (excluding
Sections 2.0 and 5.0).
(30) Redesignation of AQCR's in Arizona, submitted on January 26,
1979, by the Governor.
(31) Revisions to the Arizona Air Pollution Control Regulations
submitted on March 21, 1979:
R9-3-1002 (22,34); R9-3-1003 [A(A8-11),B,C]; R9-3-1005 [A, (A3)];
R9-3-1006 [A,(A1,2),B, (B2,3,4,5),D,E, (E1(c),2(c)),F,G, (G1,2), Table
[[Page 126]]
II]; R9-3-1008 [B,(B1,2,6,7)]; R9-3-1010 [A,(A3),C,D,F]; R9-3-1011
[A,B,(B1,2,3)];R9-3-1012(b); R9-3-1014; R9-3-1017 [B,(B4), C, E]; R9-3-
1019 [A,B,D, D(1)(a)(i), D(1)(a)(ii)(6), D(1)(a)(iii), D(1)(c),
D(1)(f)(11), H, (H1,2), I(I8,9,10,11,12,13), J, (J10), L, M, N, (N1,2)];
R9-3-(C,E); R9-3-1022(B); R9-3c-091023(A,B); R9-3-1027(F).
(32) The following amendments to the plan were submitted on February
23, 1979 by the Governor's designee.
(i) Nonatainment Area Plan for Carbon Monoxide and Photochemical
Oxidants, Maricopa County Urban Planning Area.
(33) The Metropolitan Pima County Nonattainment Area Plan for CO was
submitted by the Governor's designee on March 20, 1979.
(34) The Metropolitan Pima County Nonattainment Area Plan for TSP
was submitted by the Governor's designee on March 27, 1979.
(35) The following amendments to the plan were submitted on April
10, 1979, by the Governor's designee.
(i) Yuma County Air Pollution Control District.
(A) New or amended Rules 8-1-1.2 8-1-1.3 thru 8-1-1.6 and 8-1-1.8
thru 8-1-1.13; 8-1-2.1 thru 8-1-2.6 and 8-1-2.8; 8-1-3.1 thru 8-1-3.6,
8-1-3.7 (except paragraph ``F'') and 8-1-3.8 thru 8-1-3.20; and
Appendices I and II.
(B) Previously approved on April 12, 1982 in paragraph (i)(A) of
this section and now deleted without replacement Rules 8-1-1.2 through
8-1-1.6, 8-1-1.8 through 8-1-1.13, 8-1-2.1 through 8-1-2.6, 8-1-2.8, 8-
1-3.1 through 8-1-3.20, Appendix I, and Appendix II.
(36) The following amendments to the plan were submitted on July 3,
1979 by the Governor's designee.
(i) Revision to the Nonattainment Area Plan for Carbon Monoxide and
Photochemical Oxidants, Maricopa County Urban Planning Area.
(37) The following amendments to the plan were submitted on
September 20, 1979 by the Governor's designee.
(i) Arizona State Rules and Regulations for Air Pollution Control.
(A) New or amended rule R9-3-515 (Paragraphs C.1.a. to C.1.h.; C.2;
C.3, C.3.b., C.3.c., and C.3.h.; C.4.c. to C.4.g. and C.4.i.; C.5 and
C.5.b. to C.5.d.; C.6.b.i. to C.6.b.iii., C.6.b.vi., C.6.b.vii., and
C.6.c.; and C.8.).
(ii) ``ASARCO Incorporated, Hayden Copper Smelter, State
Implementation Plan Determination of Good Engineering Practice Stack
Height,'' September 17, 1979, issued by ADHS.
(38) The following amendment to the plan were submitted on October
9, 1979, by the Governor's designee.
(i) Pima County Health Department.
(A) New or amended Regulation 10: Rules 101-103; Regulation 11:
Rules 111-113; Regulation 12: Rules 121-123; Regulation 13: Rules 131-
137; Regulation 14: Rules 141 and 143-147; Regulation 15: Rule 151;
Regulation 16: Rules 161-165; Regulation 17: Rules 172-174; Regulation
18: Rules 181 and 182; Regulation 20: Rules 201-205; Regulation 21:
Rules 211-215; Regulation 22: Rules 221-226; Regulation 23: Rules 231-
232; Regulation 24: Rules 241 and 243-248; Regulation 25: Rules 251 and
252; Regulation 30: Rules 301 and 302; Regulation 31: Rules 312-316 and
318; Regulation 32: Rule 321; Regulation 33: Rules 331 and 332;
Regulation 34: Rules 341-344; Regulation 40: Rules 402 and 403;
Regulation 41: 411-413; Regulation 50: Rules 501-503 and 505-507;
Regulation 51: Rules 511 and 512; Regulation 60: Rule 601; Regulation
61: Rule 611 (Paragraph A.1 to A.3) and Rule 612; Regulation 62: Rules
621-624; Regulation 63: Rule 631; Regulation 64: Rule 641; Regulation
70: Rules 701-705 and 706 (Paragraphs A to C, D.3, D.4, and E);
Regulation 71: Rules 711-714; Regulation 72: Rules 721 and 722;
Regulation 80: Rules 801-804; Regulation 81: Rule 811; Regulation 82:
Rules 821-823; Regulation 90: Rules 901-904; Regulation 91: Rule 911
(except Methods 13-A, 13-B, 14, and 15), and Rules 912 and 913;
Regulation 92: Rules 921-924; and Regulation 93: Rules 931 and 932.
(1) Previously approved on April 16, 1982 in paragraph (c)(38)(i)(A)
of this section and now deleted from the SIP without replacement Pima
County Health Department Regulations: Regulation 13: Rules 131-137;
Regulation 16: Rule 164; Regulation 18: Rules 181 and 182; Regulation
20: Rule 205; Regulation 21: Rule 214; and Regulation 24: Rules 245-248.
(B) New or amended Regulation 17: Rule 171, paragraphs B.1, B.1.a,
B.7, B.8, C.1.a, C.1.b, C.2.a, C.2.c, C.2.d, C.3.a, and E.1.b;
Regulation 42: Rules 421, 422, 423,
[[Page 127]]
424, 425, and 426; and Regulation 50: Rule 504.
(C) Previously approved on April 16, 1982 and now deleted without
replacement Rules 141, 143 to 147, 702, 711 to 714.
(39) The following amendments to the plan were submitted on November
8, 1979 by the Governor's designee.
(i) Nonattainment Area Plan for Total Suspended Particulates,
Maricopa County Urban Planning Area.
(40) [Reserved]
(41) The following amendments to the plan were submitted on February
15, 1980, by the Governor's designee.
(i) 1.0 Air Quality Surveillance Network.
(42) The Technical Basis of New Source Review Regulations, Pima
County, Arizona, February 6, 1980 (AQ-125-a) was submitted by the
Governor's designee on February 28, 1980.
(43) The following amendments to the plan were submitted on April 1,
1980 by the Governor's designee.
(i) Arizona State Rules and Regulations for Air Pollution Control.
(A) R9-3-101, A., Nos. 7, 27, 46, 52, 54, 72, 73, 74, 81, 84, 85,
86, 88, 89, 92, 96, 97, 98, 111, 117, 118, and 122; R9-3-301, paragraphs
B-1, B-2, C, E, F, H, I, J, K, M, N, O, P, and Q; R9-3-302, (except
paragraphs D, E, and I); R9-3-303; R9-3-306, paragraphs B-2, C-1, C-3,
and C-5 to C-7, E, F, G-1, G-3, G-4, H, and I; and R9-3-307, paragraphs
A, B, D, and F.
(B) New or amended Rules R9-3-101 (Nos. 5, 15, 16, 42, 49, 51, 55,
94, 101, 103, 106, 126, 127, and 133), R9-3-201 (paragraph D.2), R9-3-
202 (Paragraph D.2), R9-3-203 (Paragraph D.2), R9-3-204 (Paragraph C.2),
R9-3-205 (Paragraph C.2), R9-3-206 (Paragraph C.2), R9-3-207 (Paragraph
C.2), R9-3-313 (Paragraph F.1.a.i and ii), R9-3-401, R9-3-405, R9-3-408,
R9-3-501 (Paragraph A to C), R9-3-502 (Paragraph A to A.4), R9-3-503
(Paragraphs B, C.1,C.2.a. to C.2.f., C.4 and C.5), R9-3-504 (Paragraph
A.1 to A.4), R9-3-508 (Paragraph B.1 to B.6), R9-3-510 (Paragraph A.1
and A.2), R9-3-511 (Paragraph A.1 to A.5), R9-3-512 (Paragraph A.1 to
A.5), R9-3-513 (Paragraph A.1 to A.5), R9-3-514 (Paragraph A.2), R9-3-
516 (Paragraph A.1 to A.6), R9-3-517 (Paragraph A.1 to A.5), R9-3-518
(Paragraph A.1 to A.5), R9-3-520 (Paragraph A.1 to A.6), R9-3-521
(Paragraph A.1 to A.5), and Appendices 1 and 2.
(ii) Arizona Lead SIP Revision.
(44) The following amendments to the plan were submitted on June 23,
1980 by the Governor's designee.
(i) Maricopa County Bureau of Air Pollution Control Rules and
Regulations.
(A) Rule 34, Organic Solvents.
(B) New or amended Rules 2 (except 49 and 57), 3, 24, 25,
25, 26, 27, 30, 31(A), (B), and (H), 32, (G), (H), (J), and (K), 40, 70-
72, and 74 and deletion of ``ee''.
(45) The following amendments to the plan were submitted on July 17,
1980 by the Governor's designee.
(i) Arizona State Rules and Regulations for Air Pollution Control.
(A) R-9-3-101, A., Nos. 73, 74, 75, 83, 86, 87, 88, 90, 91, 94, 98,
99, 100, 113, 119, 120, and 124; R9-3-301, paragraphs A, B-3, G, I, J,
K, L, M, N, O, P, Q, and R; R9-3-306, paragraphs A, B-1, B-3, B-4, C-2,
C-4, and G-2; and R9-3-320, paragraphs B and C.
(B) New or amended Rules R9-3-101 (Nos. 6(b), 10, 12, 14, 36, 50,
55, 77, 84, and 92), R9-3-311 (Paragraph B), R9-3-313 (Paragraphs
A.2.a., D.2, D.4, F.1.C, and F.2.a.), R9-3-320 (Paragraph A), R9-3-502
(Paragraph C.1), R9-3-503 (Paragraph C, C.2, C.2.g. and C.3), R9-3-504
(Paragraph A), R9-3-505 (Paragraph B.1.a, B.2.a), R9-3-506 (Paragraph A
to A.1), R9-3-507 (Paragraphs A to C), R9-3-508 (Paragraph B), R9-3-509,
R9-3-510 (Paragraph A), R9-3-511 (Paragraph A), R9-3-512 (Paragraph A),
R9-3-513 (Paragraph A), R9-3-514 (Paragraphs A to A.1), R9-3-516
(Paragraph A), R9-3-517 (Paragraph A), R9-3-518 (Paragraph A), R9-3-519
(Paragraph A to A.1, A.3, and A.3.d), R9-3-520 (Paragraph A), R9-3-521
(Paragraph A), R9-3-522 (Paragraph A), R9-3-523 (Paragraph A), R9-3-524
(Paragraphs A, B, D, and D.3), R9-3-525 (Paragraph A), R9-3-528
(Paragraphs A and F.5), Section 3, Method 11; Section 3.16, Method 16;
Section 3.19, Method 19; Section 3.20, Method 20; and Appendix 10
(Sections A10.2 and A10.2.1).
(C) New or amended Rule R9-3-515 (Paragraphs A; and C.6, C.6.b, and
C.6.b.v.).
(46) The following amendments to the plan were submitted on August
7, 1980, by the Governor's designee.
[[Page 128]]
(i) Pinal-Gila Counties Air Quality Control District.
(A) New or amended Rules 7-1-1.2, 7-1-1.3(C), 7-3-1.1, 7-3-1.4(C),
7-3-1.7(F), and 7-3-3.4.
(B) Previously approved on April 12, 1982 in paragraph (c)(46)(i)(A)
of this section and now deleted without replacement Rules 7-1-1.2 and 7-
1-1.3(C).
(C) Previously approved on April 12, 1982 in paragraph (c)(46)(i)(A)
of this section and now deleted without replacement with respect to Gila
County only Rules 7-3-1.1, 7-3-1.4(C), 7-3-1.7(F), and 7-3-3.4.
(D) Previously approved on April 12, 1982 in paragraph (c)(46)(i)(A)
of this section and now deleted without replacement with respect to
Pinal County only Rule 7-3-3.4.
(47) The following amendments to the plan were submitted on
September 10, 1980, by the Governor's designee.
(i) Arizona State Rules and Regulations and Air Pollution Control.
(A) New or amended Rules R9-3-101 (Nos. 24, 55, 102, and 115 (25-54,
56-101, 103-114, and 116-140 are renumbered only), R9-3-201 (Paragraphs
A to D.1 and E), R9-3-202 (Paragraphs A to D.1 and E), R9-3-203
(Paragraphs A to D.1 and E), R9-3-204 (Paragraphs A to C.1 and D), R9-3-
205 (Paragraphs A to C.1 and D), R9-3-206 (Paragraphs A to C.1 and D),
R9-3-207 (Paragraphs A to C.1 and D), and R9-3-216.
(48) Arizona Lead SIP Revision submitted by the State on September
26, 1980.
(49) The following amendments to the plan were submitted on July 13,
1981 by the Governor's designee.
(i) Arizona Revised Statute Sec. 36-1718.
(50) The following amendments to the plan were submitted on July 13,
1981, by the Governor's designee.
(i) Arizona State Rules and Regulations for Air Pollution Control.
(A) New or amended Rules R9-3-310 (Paragraphs A and B), R9-3-501
(Paragraph D), R9-3-503 (Paragraph C.6), R9-3-506 (Paragraph C to C.1),
and Appendix 10 (Sections A10.1-A10.1.3.2).
(B) New or amended Rule R9-3-515 (Paragraph C.4.a. and C.4.b.).
(ii) Arizona Revised Statutes.
(A) Arizona County: Chapter 6, Article 8. Air Pollution, Sections
36-770 to 36-778, 36-779 to 36-779.07, 36-780, 36-780.01, 36-781 to 36-
783, 36-784 to 36-784.04, 36-785, 36-785.01, 36-786 to 36-788, 36-789 to
36-789.02, 36-790, and 36-791.
(1) Previously approved on June 18, 1982 in paragraph (c)(50)(ii)(A)
of this section and now deleted from the SIP without replacement Arizona
Revised Statutes: sections 36-770, 36-776, and 36-777.
(B) Arizona State: Chapter 14, Air Pollution, Article 1. State Air
Pollution Control, Sections 36-1700 to 36-1702, 36-1704 to 36-1706, 36-
1707 to 36-1707.06, 36-1708, 36-1720.02, and 36-1751 to 36-1753.
(C) Previously approved on June 18, 1982 and now deleted without
replacement Statutes 36-781, 36-782, 36-784, 36-784.01 to 36-784.04, 36-
785, 36-785.01, and 36-786 to 36-788.
(51) The following amendments to the plan were submitted on June 1,
1981, by the Governor's designee.
(i) Pima County Health Department.
(A) New or amended Regulation 14: Rule 142; Regulation 20: Rule 204;
Regulation 24: Rule 242; Regulation 26: Rule 261; Regulation 50: Rule
504; Regulation 61: Rule 611 (Paragraph A); Regulation 70: Rule 706
(Paragraphs D.1 and D.2); and Regulation 91: Rule 911 (Methods 19 and
20).
(B) Previously approved on April 16, 1982 and now deleted without
replacement Rule 142.
(52) The following amendments to the plan were submitted on August
5, 1981, by the Governor's designee.
(i) Arizona State Rules and Regulations for Air Pollution Control.
(A) New or amended Rules R9-3-1002, R9-3-1003, R9-3-1005, R9-3-1006,
R9-3-1008, R9-3-1010 to R9-3-1014, R9-3-1016, R9-3-1019, R9-3-1023, R9-
3-1025, R9-3-1027, and R9-3-1030.
(ii) Arizona Revised Statutes.
(A) Inspection and Maintenance--Chapter 14, Article 3. Annual
Emissions Inspection of Motor Vehicles, Sections 36-1771 to 36-1775, 36-
1708.01, 36-1709 to 36-1711, 36-1712 to 36-1712.04, 36-1713, 36-1713.01,
36-1714 to 36-1717, 36-1718, 36-1718.01, 36-1719, 36-1720, and 36-1776
to 36-1780.
(B) Previously approved on June 18, 1982 and now deleted without
replacement Statutes 36-1709 to 36-1712, 36-
[[Page 129]]
1712.01 to 36-1712.04, 36-1713, 36-1713.01, and 36-1714 to 36-1716.
(53) The following amendments to the plan were submitted on March 8,
1982, by the Governor's designee.
(i) Maricopa County Bureau of Air Pollution Control Rules and
Regulations.
(A) Rules 2 (Nos. 11 and 33, and deletion of Nos. 18, 49, 50, 52,
and 54), 28 and 33.
(ii) The Improvement Schedules for Transit System and Rideshare
Program in Metropolitan Pima County.
(54) The following amendments to the plan were submitted on June 3,
1982 by the Governor's designee.
(i) Arizona State Rules and Regulations for Air Pollution Control.
(A) New or amended Rule R9-3-515 Paragraphs C to C.1. and C.1.i.;
C.3.a. and C.3.d. to C.3.g.; C.4. and C.4.h.; C.5.a.; C.6.a. and
C.6.b.iv.; and C.9.).
(B) New or amended rules R9-3-101 (Nos. 3, 7, 8, 17, 18, 19, 20, 21,
29, 34, 35, 37, 56, 61, 62, 63, 68, 69, 75, 77, 78, 79, 88, 89, 90, 91,
98, 99, 101, 117, 122, 129, 133, 136, 146, and 157; 53 and 123 are
deleted); R9-3-217; R9-3-301; R9-3-304; R9-3-305; R9-3-306 (paragraph A
only); R9-3-320 (Repealed and Reserved); R9-3-1101 (paragraphs A, C, and
D); Appendix 1; and Appendix 2.
(C) New or amended rules R9-3-101 (Nos. 4 to 6, 9 to 16, 22 to 28,
30 to 33, 36, 38 to 55, 57 to 60, 64 to 67, 70 to 74, 76, 80 to 87, 92
to 97, 100, 102 to 116, 118 to 121, 123 to 128, 130 to 132, 134, 135,
137 to 141, 142 to 145, 147 to 156, and 158 are renumbered only); R9-3-
219; R9-3-502 (paragraph A to A.1 and A.2); R9-3-505 (paragraph B to
B.1, B.2, B.3, and B.4); R9-3-508 (paragraph B to B.1, B.2, and B.5);
R9-3-511 (paragraph A to A.1 and A.2); R9-3-513 (paragraph A to A.1 and
A.2); R9-3-516 (paragraph A to A.1 and A.2); R9-3-517 (paragraph A to
A.1); R9-3-518 (paragraph A to A.1 and A.2); R9-3-520 (paragraph A to
A.1 and A.2); R9-3-521 (paragraph A to A.1 and A.2); R9-3-522 (paragraph
A to A.1 and A.2); and Appendix 8 (Sections A8.3.1 and A8.3.2).
(D) New or amended rules R9-3-302 (paragraphs A-H); and R9-3-303
(paragraphs A to C and E to I), adopted on May 26, 1982.
(E) Previously approved and now removed (without replacement) rule
R9-3-101, No. 46.
(F) Previously approved on September 28, 1982, in paragraph
(54)(i)(C), and now deleted without replacement: R9-3-219.
(55) The following amendments to the plan were submitted by the
Governor's designee on March 4, 1983.
(i) Incorporation by reference. (A) Maricopa County Health
Department, Bureau of Air Quality Control.
(1) New or amended rule 21.0:A-C, D.1.a-d, and E adopted on October
25, 1982.
(56) The following amendments to the plan were submitted on February
3, 1984, by the Governor's designee.
(i) Arizona State Rules and Regulations for Air Pollution Control.
(A) New or amended rules R9-101 (Nos. 98 and 158), R9-3-201 to R9-3-
207, R9-3-215, R9-3-218, R9-3-310, R9-3-322, R9-3-402, R9-3-404, R9-3-
502, R9-3-515 (paragraph C.3., C.5., and C.6.b.v.), R9-3-529, R9-3-1101,
and Appendices 1 and 11.
(B) New or amended rules R9-3-101, Nos. 135 and 157, adopted on
September 19, 1983.
(57) The following amendments to the plan were submitted by the
Governor's designee on April 17, 1985.
(i) Incorporation by reference. (A) Maricopa County Health
Department, Bureau of Air Quality Control.
(1) New or amended regulations: rule 21.0: D.1., D.1.e, f, and g
adopted on July 9, 1984.
(58) The following amendments to the plan were submitted by the
Governor's designee on October 18, 1985.
(i) Incorporation by reference. (A) Pima County Health Department.
(1) New or amended regulations: Regulation 16: Rule 166; Regulation
17; Rules 171 and 175; Regulation 20: Rule 202; Regulation 37: Rules
371, 372, 373, Figure 371-A, Figure 371-C, and Figure 372; and
Regulation 38, Rule 381, A1, 2, 3, 4, 5, and B, adopted on December 6,
1983.
(59) The following amendments to the plan were submitted by the
Governor's designee on October 24, 1985.
(i) Incorporation by reference. (A) Arizona Department of Health
Services.
(1) New or amended rule R9-3-303, adopted on September 28, 1984.
[[Page 130]]
(60) The following amendments to the plan were submitted by the
Governor's designee on October 5, 1987.
(i) Incorporation by reference. (A) Arizona Department of Health
Services.
(1) New or amended rules R9-3-1001 (Nos. 8, 25, 33, 34, 38, 39, 40,
and 43, No. 8), R9-3-1003, R9-3-1005, R9-3-1006, R9-3-1008, R9-3-1009,
R9-3-1010, R9-3-1011, R9-3-1013, R9-3-1016, R9-3-1018, R9-3-1019, R9-3-
1025, R9-3-1026, R9-3-1027, R9-3-1028, R9-3-1030, and R9-3-1031, adopted
on December 23, 1986.
(2) Previously approved and now removed (without replacement), Rule
R9-3-1014.
(B) The Maricopa Association of Governments (MAG) 1987 Carbon
Monoxide (CO) Plan for the Maricopa County Area, MAC CO Plan Commitments
for Implementation, and Appendix A through E, Exhibit 4, Exhibit D,
adopted on July 10, 1987.
(61) The following amendments to the plan were submitted by the
Governor's designee on January 6, 1988.
(i) Incorporation by reference. (A) The 1987 Carbon Monoxide State
Implementation Plan Revision for the Tucson Air Planning Area adopted on
October 21, 1987.
(62) The following amendments to the plan were submitted by the
Governor's designee on March 23, 1988.
(i) Incorporation by reference. (A) Arizona Revised Statutes.
(1) Senate Bill 1360: Section 6: ARS 15-1444-C (added), Section 7:
QRS 15-1627-F (added), Section 21: ARS 49- 542-A (amended, Section 21:
ARS 49-542-E (added), Section 21: ARS 49-542-J.3.(b) (amended), and
Section 23: ARS 49-550-E (added), adopted on May 22, 1987.
(2) Senate Bill 1360: Section 2: ARS 9-500.03 (added), Section 14:
ARS 41-796.01 (added); Section 17: 49-454 (added), Section 18: 49-474.01
(added), and Section 25: ARS 49-571 (added), adopted on May 22, 1987.
(63) The following amendments to the plan were submitted by the
governor's designee on May 26, 1988:
(i) Incorporation by reference. (A) Travel reduction ordinances for
Pima County: Inter governmental Agreement (IGA) between Pima County,
City of Tucson, City of South Tucson, Town of Oro Valley and Town of
Marana, April 18, 1988; Pima County Ordinance No. 1988-72, City of
Tucson ordinance No. 6914, City of South Tucson Resolutions No. 88-01,
88-05, Town of Oro Valley Resolutions No. 162, 326 and 327, Town of
Marana Resolutions No. 88-06, 88-07 and Ordinance No. 88.06.
(64) The following amendments to the plan were submitted by the
Governor's designee on June 1, 1988.
(i) Incorporation by reference. (A) Letter from the Arizona
Department of Environmental Quality, dated June 1, 1988, committing to
administer the provisions of the Federal New Source Review regulations
consistent with EPA's requirements. The commitments apply to the
issuance of, or revision to, permits for any source which is a major
stationary source or major modification as defined in 40 Code of Federal
Regulations, part 51, subpart I.
(65) The following amendments to the plan were submitted by the
Governor's designee on July 18, 1988.
(i) Incorporation by reference. (A) Arizona Revised Statutes.
(1) House Bill 2206, Section 2: ARS 15-1627 (amended); Section 6:
Title 28, ARS Chapter 22, Article 1, ARS 28-2701, ARS 28-2702, ARS 28-
2703, ARS 28-2704, and ARS 28-2705 (added); Section 7: ARS 41.101.03
(amended); Section 9: ARS 41-2605 (amended); Section 10: ARS 41-2066
(amended); Section 11: ARS 41-2083 (amended); Section 13: Title 41,
Chapter 15, Article 6, ARS 41-2121: Nos. 1, 3, 4, 5, 6, 7, 8, and 9, ARS
41-2122, ARS 41-2123, ARS 41-2124 (added); Section 15: Title 49, Chapter
3, Article 1, ARS 49-403 to 49-406 (added); Section 17: Title 49,
Chapter 3, Article 3, ARS 49-506 (added); Section 18; ARS 49-542
(amended); Section 19: ARS 49-550 (amended); Section 20: ARS 49-551
(amended); Section 21: Title 49, Chapter 3, Article 5, ARS 49-553
(added), Section 22: ARS 49-571 (amended); Section 23: Title 49, Chapter
3, Article 8, ARS 49-581, ARS 49-582, ARS 49-583, ARS 49-584, ARS 49-
585; ARS 49-586, ARS 49-588, ARS 49-590, and ARS 49-593 (added); Section
25: Definition of major employer, Section 27: Appropriations; Section
29: Delayed effective dates, adopted on June 28, 1988.
(2) House Bill 2206 section 6 which added, under Arizona Revised
Statutes, title 28, chapter 22, new sections 28-2701 through 28-2708,
and section 13 which added, under Arizona Revised Statutes,
[[Page 131]]
title 41, chapter 15, Article 6 new sections 41-2125A and 41-2125B.
(Oxygenated fuels program for Pima County.)
(66) The following amendments to the plan were submitted by the
Governor's designee on July 22, 1988.
(i) Incorporation by reference. (A) Letter from the Pima County
Health Department, Office of Environmental Quality, dated April 24, 1988
committing to administer the New Source Review provisions of their
regulations consistent with EPA's requirements. The commitments apply to
the issuance of, or revision to, permits for any source which is a major
stationary source of major modification as defined in 40 Code of Federal
Regulations, part 51, subpart I.
(B) Letter from Maricopa County Department of Health Services,
Division of Public Health, dated April 28, 1988 and submitted to EPA by
the Arizona Department of Environmental Quality July 25, 1988,
committing to administer the New Source Review provisions of their
regulations, consistent with EPA's requirements. These commitments apply
to the issuance of, or revision to, permits for any source which is a
major stationary source or major modification as defined in the Code of
Federal Regulations, part 51, subpart I.
(C) Addendum to MAG 1987 Carbon Monoxide Plan for the Maricopa
County Nonattainment Area, July 21, 1988 (supplemental information
related to the SIP revision of July 18, 1988).
(D) Commitment in the July 22, 1988 submittal letter to apply the
oxygenated fuels program of the July 18, 1988 submittal to Pima County.
(67) Regulations for the Maricopa County Bureau of Air Pollution
Control were submitted on January 4, 1990 by the Governor's designee.
(i) Incorporation by reference. (A) Amended regulations: Regulation
II, rule 220 and Regulation III, rule 335, both adopted July 13, 1988.
(B) Amended Maricopa County Division of Air Pollution Control Rule
314, adopted July 13, 1988.
(C) Amended Regulation VI, Rule 600, revised on July 13, 1988.
(D) Rules 312 and 314, adopted on July 13, 1998.
(68) The following amendments to the plan were submitted by the
Governor's designee on June 11, 1991.
(i) Incorporation by reference. (A) Arizona Revised Statutes.
(1) House Bill 2181 (approved, May 21, 1991), section 1: Arizona
Revised Statute (A.R.S.) 41-2065 (amended); section 2: A.R.S. 41-2083
(amended); section 3: A.R.S. section 41-2122 (amended); section 4:
A.R.S. Section 41-2123 (amended); and section 5: A.R.S. section 41-2124
(repealed).
(69) The following amendment to the plan was submitted by the
Governor's designee on May 27, 1994.
(i) Incorporation by reference. (A) Arizona Department of Weights
and Measures. (1) Letter from Grant Woods, Attorney General, State of
Arizona, to John U. Hays, Director, Department of Weights and Measures,
dated August 31, 1993, and enclosed Form R102 (``Certification of Rules
and Order of Rule Adoption'').
(2) Arizona Administrative Code, Article 9 (``Gasoline Vapor
Control''), Rules R4-31-901 through R4-31-910, adopted August 27, 1993,
effective (for state purposes) on August 31, 1993.
(70) New and amended regulations for the Maricopa County
Environmental Services Department--Air Pollution Control were submitted
on June 29, 1992, by the Governor's designee.
(i) Incorporation by reference. (A) New Rules 337, 350, and 351,
adopted on April 6, 1992.
(71) New and amended regulations for the following agencies were
submitted on August 15, 1994 by the Governor's designee.
(i) Incorporation by reference. (A) Pinal County Air Quality Control
District.
(1) Chapter 1, Article 3, section 1-3-140, subsections 5, 15, 21,
32, 33, 35, 50, 51, 58, 59, 103, and 123, adopted on November 3, 1993;
Chapter 3, Article 1, section 3-1-081(A)(8)(a), adopted on November 3,
1993; Chapter 3, Article 1, section 3-1-084, adopted on August 11, 1994;
and Chapter 3, Article 1, section 3-1-107, adopted on November 3, 1993.
(72) New and amended plans and regulations for the following
agencies were submitted on November 13, 1992 by the Governor's designee.
[[Page 132]]
(i) Incorporation by reference. (A) Arizona Department of
Environmental Quality.
(1) Small Business Stationary Source Technical and Environmental
Compliance Assistance Program, adopted on November 13, 1992.
(B) Maricopa County Environmental Quality and Community Services
Agency.
(1) Rule 340, adopted on September 21, 1992.
(73) [Reserved]
(74) Plan revisions were submitted by the Governor's designee on
March 3, 1994.
(i) Incorporation by reference. (A) Maricopa County Environmental
Services Department new Rule 316, adopted July 6, 1993, and revised Rule
311, adopted August 2, 1993. Note: These rules are restored as elements
of the State of Arizona Air Pollution Control Implementation Plan
effective September 3, 1997.
(B) [Reserved]
(75) Program elements submitted on November 14, 1994, by the
Governor's designee.
(i) Incorporation by reference. (A) Arizona Department of
Environmental Quality.
(1) Basic and Enhanced Inspection and Maintenance Vehicle Emissions
Program. Adopted on September 15, 1994.
(76) Program elements were submitted on February 1, 1995 by the
Governor's designee.
(i) Incorporation by reference. (A) Small Business Stationary Source
Technical and Environmental Compliance Assistance Program, adopted on
February 1, 1995.
(77) Amended regulations for the following agency were submitted on
December 19, 1994, by the Governor's designee.
(i) Incorporation by reference. (A) Maricopa County Environmental
Services Department.
(1) Rule 334, adopted on September 20, 1994.
(78) New and amended regulations for the Maricopa County
Environmental Services Department--Air Pollution Control were submitted
on February 4, 1993, by the Governor's designee.
(i) Incorporation by reference. (A) New Rule 352, adopted on
November 16, 1992.
(B) Rule 100, Section 504 adopted on November 16, 1992.
(C) Rule 339, adopted on November 16, 1992.
(79) New and amended regulations for the following agencies were
submitted on June 29, 1992 by the Governor's designee.
(i) Incorporation by reference. (A) Maricopa County Environmental
Quality and Community Services Agency.
(1) Rule 353, adopted on April 6, 1992.
(80) New and amended regulations for the following agencies were
submitted on August 10, 1992 by the Governor's designee.
(i) Incorporation by reference. (A) Maricopa County Environmental
Quality and Community Services Agency.
(1) Rules 331 and 333, adopted on June 22, 1992.
(81) Amended regulation for the following agency was submitted on
August 16, 1994, by the Governor's designee.
(i) Incorporation by reference. (A) Maricopa County Environmental
Services Department.
(1) Rule 341, adopted on August 5, 1994.
(82) New and amended rules and regulations for the Maricopa County
Environmental Services Department--Air Pollution Control were submitted
on August 31, 1995, by the Governor's designee.
(i) Incorporated by reference. (A) Rule 343, adopted on February 15,
1995.
(B) [Reserved]
(C) Rule 351, revised on February 15, 1995.
(D) Rule 318 and Residential Woodburning Restriction Ordinance,
adopted on October 5, 1994.
(E) Maricopa County.
(1) Ordinance P-7, Maricopa County Trip Reduction Ordinance, adopted
May 26, 1994.
(83) New and revised rules and regulations for the Maricopa County
Environmental Services Department-Air Pollution Control were submitted
on February 26, 1997, by the Governor's designee.
(i) Incorporation by reference. (A) Rules 331, 333, and 334, revised
on June 19, 1996, and Rule 338, adopted on June 19, 1996.
[[Page 133]]
(B) Rule 336, adopted on July 13, 1988 and revised on June 19, 1996.
(84) Amended regulations for the Pinal County Air Quality Control
District were submitted on November 27, 1995, by the Governor's
designee.
(i) Incorporation by reference. (A) Rules 1-1-020, 1-1-030, 1-1-040,
1-1-060, 1-1-070, 1-1-080, 1-1-100, 1-2-110, 2-1-010, 2-1-020, 2-1-030,
2-1-040, 2-1-050, 2-1-060, 2-1-070, 2-2-080, 2-2-090, 2-3-100, 2-3-110,
2-4-120, 2-4-130, 2-4-140, 2-4-150, 2-5-170, 2-5-210, 2-6-220, 2-7-230,
2-7-240, 2-7-250, 2-7-260, 2-7-270, 3-1-020, 3-1-132, adopted on June
29, 1993.
(B) Rules 1-1-090, 1-2-120, 3-1-010, 3-1-030, 3-1-055, 3-1-065, 3-1-
070, 3-1-082, 3-1-085, 3-1-087, 3-1-090, 3-1-102, 3-1-105, 3-1-110, 3-1-
120, 3-1-140, 3-1-150, 3-1-160, 3-1-170, 3-1-173, 3-1-175, 3-1-177, 3-2-
180, 3-2-185, 3-2-190, 3-2-195, 3-3-200, 3-3-203, 3-3-205, 3-3-260, 3-3-
270, 3-3-275, 3-3-280, adopted on November 3, 1993.
(C) Rules 1-1-010, 1-1-106, 2-5-190, 2-5-200, 3-1-042, 3-1-060, 3-1-
081, 3-1-083, 3-1-084, 3-1-089, 3-1-103, 3-1-107, 3-1-109, 3-3-210, 3-3-
250, adopted on February 22, 1995.
(D) Rules 1-3-130, 1-3-140, 2-5-160, 2-5-180, 3-1-040, 3-1-050,
adopted on October 12, 1995.
(E) Rules 5-22-950, 5-22-960, and 5-24-1045 codified on February 22,
1995.
(F) Amendments to Rules 5-18-740, 5-19-800, and 5-24-1055 adopted on
February 22, 1995.
(G) Previously approved on April 9, 1996 in paragraph (c)(84)(i)(A)
of this section and now deleted without replacement, Rule 3-1-020.
(H) Previously approved on April 9, 1996 in paragraph (c)(84)(i)(D)
of this section and now deleted without replacement, Rule 1-3-130.
(I) Rules 2-8-280, 2-8-290, 2-8-300, 2-8-310, and 2-8-320, adopted
on June 29, 1993.
(J) Rules 3-8-700 and 3-8-710, amended on February 22, 1995.
(K) Rule 5-24-1040, codified on February 22, 1995.
(L) Rules 4-2-020, 4-2-030, and 4-2-040, adopted on June 29, 1993.
(M) Rule 5-24-1032, ``Federally Enforceable Minimum Standard of
Performance--Process Particulate Emissions,'' codified February 22,
1995.
(85) New and revised rules and regulations for the Maricopa County
Environmental Services Department-Air Pollution Control were submitted
on March 4, 1997, by the Governor's designee.
(i) Incorporation by reference. (A) Rule 337, revised on November
20, 1996, and Rules 342 and 346, adopted on November 20, 1996.
(86) [Reserved]
(87) New and amended fuel regulations for the following Arizona
Department of Environmental Quality plan revisions were submitted on
April 29, 1997, by the Governor's designee.
(i) Incorporation by reference. (A) Arizona Revised Statutes.
(1) Section 13 of H.B, 2001 (A.R.S. Sec. 41-2083(E)), adopted on
November 12, 1993.
(88) Plan revisions were submitted on May 7, 1997 by the Governor's
designee.
(i) Incorporation by reference. (A) Maricopa County Environmental
Services Department.
(1) Rule 310, adopted September 20, 1994.
(2) Resolution To Improve the Administration of Maricopa County's
Fugitive Dust Program and to Foster Interagency Cooperation, adopted May
14, 1997.
(B) The City of Phoenix, Arizona.
(1) A Resolution of the Phoenix City Council Stating the City's
Intent to Work Cooperatively with Maricopa County to Control the
Generation of Fugitive Dust Pollution, adopted April 9, 1997.
(C) The City of Tempe, Arizona.
(1) A Resolution of the Council of the City of Tempe, Arizona,
Stating Its Intent to Work Cooperatively with Maricopa County to Control
the Generation of Fugitive Dust Pollution, adopted March 27, 1997.
(D) The Town of Gilbert, Arizona.
(1) A Resolution of the Mayor and the Common Council of the Town of
Gilbert, Maricopa County, Arizona, Providing for the Town's Intent to
Work Cooperatively with Maricopa County, Arizona, to Control the
Generation of Fugitive Dust Pollution, adopted April 15, 1997.
(E) The City of Chandler, Arizona.
(1) A Resolution of the City Council of the City of Chandler,
Arizona, Stating the City's Intent to Work Cooperatively with Maricopa
County to Control the Generation of Fugitive Dust Pollution, adopted
March 27, 1997.
[[Page 134]]
(F) The City of Glendale, Arizona.
(1) A Resolution of the Council of the City of Chandler, Maricopa
County, Arizona, Stating Its Intent to Work Cooperatively with Maricopa
County to Control the Generation of Fugitive Dust Pollution, adopted
March 25, 1997.
(G) The City of Scottsdale, Arizona.
(1) A Resolution of the Scottsdale City Council Stating the City's
Intent to Work Cooperatively with Maricopa County to Control the
Generation of Fugitive Dust Pollution, adopted March 31, 1997.
(H) The City of Mesa, Arizona.
(1) A Resolution of the Mesa City Council Stating the City's Intent
to Work Cooperatively with Maricopa County to Control the Generation of
Particulate Air Pollution and Directing City Staff to Develop a
Particulate Pollution Control Ordinance Supported by Adequate Staffing
Levels to Address Air Quality, adopted April 23, 1997.
(89) Plan revisions were submitted on September 12, 1997 by the
Governor's designee.
(i) Incorporation by reference. (A) Arizona Cleaner Burning Gasoline
Interim rule submitted as a revision to the Maricopa Country Ozone
Nonattainment Area Plan, adopted on September 12, 1997.
(90) Plan revisions were submitted on January 21, 1998 by the
Governor's designee.
(i) Incorporation by reference. (A) Arizona Cleaner Burning Gasoline
Interim rule submitted as a revision to the PM-10 Maricopa County State
Implementation Plan, adopted on September 12, 1997.
(91) The following amendments to the plan were submitted on October
6, 1997 by the Governor's designee.
(i) Incorporation by reference. (A) 1996 Carbon Monoxide Limited
Maintenance Plan for the Tucson Air Planning Area (as updated August,
1997).
(1) Base year (1994) emissions inventory and contingency plan,
including commitments to follow maintenance plan contingency procedures
by the Pima Association of Governments and by the member jurisdictions:
the town of Oro Valley, Arizona (Resolution No. (R) 96-38, adopted June
5, 1996), the City of South Tucson (Resolution No. 96-16, adopted on
June 10, 1996), Pima County (Resolution and Order No. 1996-120, adopted
June 18, 1996), the City of Tucson (Resolution No. 17319, adopted June
24, 1996), and the town of Marana, Arizona (Resolution No. 96-55,
adopted June 18, 1996).
(B) Arizona Revised Statutes. Senate Bill 1002, Sections 26, 27 and
28: ARS 41-2083 (amended), 41-2122 (amended), 41-2125 (amended), adopted
on July 18, 1996.
(92) Plan revisions were submitted on March 3, 1995, by the
Governor's designee.
(A) Arizona State Administrative Code Title 18, Chapter 2, Article
14, adopted on December 23, 1994.
(93) Plan revisions were submitted on September 4, 1998 by the
Governor's designee.
(i) Incorporation by reference. (A) Arizona Revised Statute 49-457.
(94) New and amended rules and regulations for the Maricopa County
Environmental Services Department-Air Pollution Control were submitted
on August 4, 1999, by the Governor's designee.
(i) Incorporation by reference. (A) Rule 336, adopted on July 13,
1988 and revised on April 7, 1999 and Rule 348, adopted on April 7,
1999.
(B) Rule 318 and Residential Woodburning Restriction Ordinance,
revised on April 21, 1999.
(C) Rule 347, adopted on March 4, 1998.
(D) Rule 316, adopted on April 21, 1999.
(E) Rule 344, adopted on April 7, 1999.
(F) Rule 349, adopted on April 7, 1999.
(G) Rule 331, revised on April 7, 1999.
(95) The following amendments to the plan were submitted on August
11, 1998 by the Governor's designee.
(i) Incorporation by reference. (A) Arizona Revised Statutes.
(1) Senate Bill 1427, Section 14: ARS 49-401.01 (amended) and
Section 15: 49-406 (amended), approved on May 29, 1998.
(96) The following amendments to the plan were submitted on
September 1, 1999 by the Governor's designee.
(i) Incorporation by reference. (A) Arizona Revised Statutes.
(1) House Bill 2254, Section 1: ARS 41-3009.01 (amended); Section 2:
49-541.01 (amended); Section 3: 49-542 (amended);
[[Page 135]]
Section 4: 49-545 (amended); Section 5: 49-557 (amended); Section 6: 49-
573 (amended); Section 7: 41-803 (amended) and Section 8: 41-401.01
(amended), adopted on May 18, 1999.
(2) House Bill 2189, Section 3: ARS 41-796.01 (amended); Section 9:
41-2121 (amended); Section 40: 49-401.01 (amended), Section 41: 49-402
(amended); Section 42: 49-404 (amended): Section 43:49-454 (amended);
Section 44: 49-541 (amended); and Section 46: 49-571 (amended), adopted
on May 18, 1999
(97) New and amended rules for the Arizona Department of
Environmental Quality were submitted on March 26, 2001, by the
Governor's designee.
(i) Incorporation by reference. (A) Rules R18-2-310 and R18-2-310.01
effective on February 15, 2001.
(98) Plan revisions were submitted on July 11, 2000 by the
Governor's designee.
(i) Incorporation by reference. (A) Arizona Administrative Code R18-
2-610 and R18-2-611 effective May 12, 2000.
(99) Plan revisions submitted on January 28, 2000 by the Governor's
designee.
(i) Incorporation by reference. (A) Maricopa County, Arizona.
(1) Residential Woodburning Restriction Ordinance adopted on
November 17, 1999.
(100) Plan revisions submitted on February 16, 2000 by the
Governor's designee.
(i) Incorporation by reference. (A) Maricopa Association of
Governments, Maricopa County, Arizona.
(1) Resolution to Adopt the Revised MAG 1999 Serious Area
Particulate Plan for PM-10 for the Maricopa County Nonattainment Area
(including Exhibit A, 2 pages), adopted on February 14, 2000.
(B) City of Avondale, Arizona.
(1) Resolution No. 1711-97; A Resolution of the City Council of the
City of Avondale, Maricopa County, Arizona, To Implement Measures in the
MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious
Area Carbon Monoxide Plan for the Maricopa County Area (including
Exhibit A, 14 pages), adopted on September 15, 1997.
(2) Resolution No. 1949-99; A Resolution of the Council of the City
of Avondale, Maricopa County, Arizona, Implementing Measures in the MAG
1998 Serious Area Particulate Plan for PM-10 for the Maricopa County
Area (including Exhibit A, 7 pages), adopted on February 16, 1999.
(C) Town of Buckeye, Arizona.
(1) Resolution No. 15-97; A Resolution of the Town Council of the
Town of Buckeye, Maricopa County, Arizona, To Implement Measures in the
MAG 1997 Serious Area Carbon Monoxide Plan for the Maricopa County Area
(including Exhibit A, 5 pages), adopted on October 7, 1997.
(D) Town of Carefree, Arizona.
(1) Town of Carefree Resolution No. 97-16; A Resolution of the Mayor
and Common Council of the Town of Carefree, Arizona, To Implement
Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG
1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area
(including Exhibit A, 3 pages), adopted on September 2, 1997.
(2) Town of Carefree Resolution No. 98-24; A Resolution of the Mayor
and Common Council of the Town of Carefree, Arizona, To Implement
Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the
Maricopa County Area (including Exhibit A, 4 pages), adopted on
September 1, 1998.
(3) Town of Carefree Ordinance No. 98-14; An Ordinance of the Town
of Carefree, Maricopa County, Arizona, Adding Section 10-4 to the Town
Code Relating to Clean-Burning Fireplaces, Providing Penalties for
Violations (3 pages), adopted on September 1, 1998.
(E) Town of Cave Creek, Arizona.
(1) Resolution R97-28; A Resolution of the Mayor and Town Council of
the Town of Cave Creek, Maricopa County, Arizona, Implementing Measures
in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998
Serious Area Carbon Monoxide Plan for the Maricopa County Area
(including Exhibit A, 4 pages), adopted on September 2, 1997.
(2) Resolution R98-14; A Resolution of the Mayor and Town Council of
the Town of Cave Creek, Maricopa County, Arizona, To Implement Measures
in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa
County Area (including Exhibit A, 1 page), adopted on December 8, 1998.
[[Page 136]]
(F) City of Chandler, Arizona.
(1) Resolution No. 2672; A Resolution of the City Council of the
City of Chandler, Arizona To Implement Measures in the MAG 1997 Serious
Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon
Monoxide Plan for the Maricopa County Area (including Exhibit A, 16
pages), adopted on August 14, 1997.
(2) Resolution No. 2929; A Resolution of the City Council of the
City of Chandler, Arizona, To Implement Measures in the MAG 1998 Serious
Area Particulate Plan for PM-10 for the Maricopa County Area (including
Exhibit A, 9 pages), adopted on October 8, 1998.
(G) City of El Mirage, Arizona.
(1) Resolution No. R97-08-20; Resolution To Implement Measures in
the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998
Serious Area Carbon Monoxide Plan for the Maricopa County Area
(including Exhibit A, 8 pages), adopted on August 28, 1997.
(2) Resolution No. R98-08-22; A Resolution of the Mayor and Common
Council of the City of El Mirage, Arizona, Amending Resolution No. R98-
02-04 To Implement Measures in the MAG 1997 Serious Area Particulate
Plan for PM-10 for the Maricopa County Area (including Exhibit A, 5
pages), adopted on August 27, 1998.
(3) Resolution No. R98-02-04; A Resolution To Implement Measures in
the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa
County Area (including Exhibit A, 5 pages), adopted on February 12,
1998.
(H) Town of Fountain Hills, Arizona.
(1) Resolution No. 1997-49; A Resolution of the Common Council of
the Town of Fountain Hills, Arizona, Adopting the MAG 1997 Particulate
Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the
Maricopa County Area and Committing to Certain Implementation Programs
(including Exhibit B, 5 pages and cover), adopted on October 2, 1997.
(2) Town of Fountain Hills Resolution No. 1998-49; Resolution To
Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM-
10 for the Maricopa County Area (including Exhibit A, 7 pages), adopted
on October 1, 1998. [Incorporation Note: Incorporated materials are
pages 4 to 10 of the 11-page resolution package; pages 1 and 2 are cover
sheets with no substantive content and page 11 is a summary of measures
previously adopted by the Town of Fountain Hills.]
(I) Town of Gilbert, Arizona.
(1) Resolution No. 1817; A Resolution of the Common Council of the
Town of Gilbert, Maricopa County, Arizona, Authorizing the
Implementation of the MAG 1997 Serious Area Particulate Plan for PM-10
and the MAG Serious Area Carbon Monoxide Plan for the Maricopa County
Area (including 15 pages of attached material), adopted on June 10,
1997.
(2) Resolution No. 1864; A Resolution of the Common Council of the
Town of Gilbert, Arizona, Implementing Measures in the MAG 1997 Serious
Area Particulate Plan for PM-10 for the Maricopa County Area (including
Attachment A, 5 pages), adopted on November 25, 1997. [Incorporation
note: Attachment A is referred to as Exhibit A in the text of the
Resolution.]
(3) Ordinance 1066; An Ordinance of the Common Council of the Town
of Gilbert, Arizona Amending the Code of Gilbert by Amending Chapter 30
Environment, by adding New Article II Fireplace Restrictions Prescribing
Standards for Fireplaces, Woodstoves, and Other Solid-Fuel Burning
Devices in New Construction; Providing for an Effective Date of January
1, 1999; Providing for Repeal of Conflicting Ordinances; Providing for
Severability (3 pages), adopted on November 25, 1997.
(4) Resolution No. 1939: A Resolution of the Common Council of the
Town of Gilbert, Arizona, Expressing its Commitment to Implement
Measures in the Maricopa Association of Governments (MAG) 1998 Serious
Area Particulate Plan for PM-10 for the Maricopa County Area (including
Attachment A, 5 pages), adopted on July 21, 1998. [Incorporation note:
Attachment A is referred to as Exhibit A in the text of the Resolution.]
(J) City of Glendale, Arizona.
(1) Resolution No. 3123 New Series; A Resolution of the Council of
the City of Glendale, Maricopa County, Arizona, Implementing Measures in
the MAG 1997 Serious Area Particulate Plan for
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PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa
County Area (including Exhibit A, 20 pages), adopted on June 10, 1997.
(2) Resolution No. 3161 New Series; A Resolution of the Council of
the City of Glendale, Maricopa County, Arizona, Implementing Measures in
the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa
County Area (including Exhibit A, 6 pages), adopted on October 28, 1997.
(3) Resolution No. 3225 New Series; A Resolution of the Council of
the City of Glendale, Maricopa County, Arizona, Implementing Measures in
the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa
County Area (including Exhibit A, 9 pages), adopted on July 28, 1998.
(K) City of Goodyear, Arizona.
(1) Resolution No. 97-604 Carbon Monoxide Plan; A Resolution of the
Council of the City of Goodyear, Maricopa County, Arizona, Implementing
Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG
1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area
(including Exhibit A, 21 pages), adopted on September 9. [Incorporation
note: Adoption year not given on the resolution but is understood to be
1997 based on resolution number.]
(2) Resolution No. 98-645; A Resolution of the Council of the City
of Goodyear, Maricopa County, Arizona, Implementing Measures in the MAG
1998 Serious Area Particulate Plan for PM-10 for the Maricopa County
Area (including Attachment III, 7 pages), adopted on July 27, 1998.
(L) City of Mesa, Arizona.
(1) Resolution No. 7061; A Resolution of the City Council of the
City of Mesa, Maricopa County, Arizona, to Implement Measures in the MAG
1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area
Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A,
13 pages plus index page), adopted on June 23, 1997.
(2) Resolution No. 7123; A Resolution of the City Council of the
City of Mesa, Maricopa County, Arizona, to Implement Measures in the MAG
1997 Serious Area Particulate Plan for PM-10 for the Maricopa County
Area (including Exhibit A, 10 pages), adopted on December 1, 1997.
(3) Resolution No. 7360; A Resolution of the City Council of the
City of Mesa, Maricopa County, Arizona, to Implement Measures in the MAG
Serious Area Particulate Plan for PM-10 for the Maricopa County Area
(including Exhibit A, 8 pages), adopted on May 3, 1999.
(4) Ordinance No. 3434; An Ordinance of the City Council of the City
of Mesa, Maricopa County, Arizona, Relating to Fireplace Restrictions
Amending Title 4, Chapter 1, Section 2 Establishing a Delayed Effective
Date; and Providing Penalties for Violations (3 pages), adopted on
February 2, 1998.
(M) Town of Paradise Valley, Arizona.
(1) Resolution Number 913; A Resolution of the Town of Paradise
Valley, to Implement Measures in the MAG 1997 Serious Area Particulate
Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the
Maricopa County Area (including Exhibit A, 9 pages), adopted on October
9, 1997.
(2) Resolution Number 945; A Resolution of the Mayor and Town
Council of the Town of Paradise Valley, Arizona, to Implement Measures
in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa
County Area (including Exhibit A, 5 pages), adopted on July 23, 1998.
(3) Ordinance Number 454; An Ordinance of the Town of Paradise
Valley, Arizona, Relating to Grading and Dust Control, Amending Article
5-13 of the Town Code and Sections 5-13-1 Through 5-13-5, Providing
Penalties for Violations and Severability (5 pages), adopted on January
22, 1998. [Incorporation note: There is an error in the ordinance's
title, ordinance amended only sections 5-13-1 to 5-13-4; see section 1
of the ordinance.]
(4) Ordinance Number 450; An Ordinance of the Town of Paradise
Valley, Arizona, Adding Section 5-1-7 to the Town Code Relating to
Clean-Burning Fireplaces, Providing Penalties for Violations (3 pages),
adopted on December 18, 1997.
(N) City of Peoria, Arizona.
(1) Resolution No. 97-37; A Resolution of the Mayor and Council of
the City of
[[Page 138]]
Peoria, Arizona, to Implement Measures in the MAG 1997 Serious Area
Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide
Plan for the Maricopa County Area (including Exhibits A, 5 pages, and B,
19 pages), adopted on June 17, 1997.
(2) Resolution No. 97-113; A Resolution of the Mayor and Council of
the City of Peoria, Arizona, to Implement Measures in the MAG 1997
Serious Area Particulate Plan for PM-10 for the Maricopa County Area and
Directing the Recording of This Resolution with the Maricopa County
Recorder and Declaring an Emergency (including Exhibit A, 8 pages plus
index page), adopted on October 21, 1997.
(3) Resolution No. 98-107; A Resolution of the Mayor and Council of
the City of Peoria, Arizona, to Approve and Authorize the Acceptance to
Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM-
10 for the Maricopa County Area (including Exhibit A, 7 pages), adopted
on July 21, 1998.
(O) City of Phoenix, Arizona.
(1) Resolution No. 18949; A Resolution Stating the City's Intent to
Implement Measures to Reduce Air Pollution (including Exhibit A, 19
pages), adopted on July 2, 1997.
(2) Resolution No. 19006; A Resolution Stating the City's Intent to
Implement Measures to Reduce Air Pollution (including Exhibit A, 13
pages), adopted on November 19, 1997.
(3) Ordinance No. G4037; An Ordinance Amending Chapter 39, Article
2, Section 39-7 of the Phoenix City Code by Adding Subsection G Relating
to Dust Free Parking Areas; and Amending Chapter 36, Article XI,
Division I, Section 36-145 of the Phoenix City Code Relating to Parking
on Non-Dust Free Lots, adopted on July 2, 1997 (5 pages).
(4) Resolution No. 19141; A Resolution Stating the City's Intent to
Implement Measures to Reduce Particulate Air Pollution (including
Exhibit A, 10 pages), adopted on September 9, 1998.
(5) Ordinance No. G4062; An Ordinance Amending the Phoenix City Code
By Adding A New Chapter 40 ``Environmental Protections,'' By Regulating
Fireplaces, Wood Stoves and Other Solid-Fuel Burning Devices and
Providing that the Provisions of this Ordinance Shall Take Effect on
December 31, 1998 (5 pages), adopted on December 10, 1997.
(P) Town of Queen Creek, Arizona.
(1) Resolution 129-97; A Resolution of the Town Council of the Town
of Queen Creek, Maricopa County, Arizona to Implement Measures in the
MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious
Area Carbon Monoxide Plan for the Maricopa County Area (including
Exhibit A, 3 pages), adopted on June 4, 1997.
(2) Resolution 145-97; A Resolution of the Town Council of the Town
of Queen Creek, Maricopa County, Arizona to Implement Measures in the
MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County
Area (including Exhibit A, 1 page), adopted on November 5, 1997.
(3) Resolution 175-98; A Resolution of the Town Council of the Town
of Queen Creek, Maricopa County, Arizona to Implement Measures in the
MAG 1998 Serious Area Particulate Plan for the Maricopa County Area
(including Exhibit A, 9 pages), adopted on September 16, 1998.
(Q) City of Scottsdale, Arizona.
(1) Resolution No. 4864; A Resolution of the City of Scottsdale,
Maricopa County, Arizona, To Implement Measures in the MAG 1997 Serious
Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon
Monoxide Plan for the Maricopa County Area: Stating the Council's Intent
to Implement Certain Control Measures Contained in that Plan (including
Exhibit A, 21 pages), adopted on August 4, 1997.
(2) Resolution No. 4942; Resolution of the Scottsdale City Council
To Implement Measures in the MAG 1997 Serious Area Particulate Plan for
PM-10 for the Maricopa County Area (including Exhibit A, 13 pages),
adopted on December 1, 1997.
(3) Resolution No. 5100; A Resolution of the City of Scottsdale,
Maricopa County, Arizona, To Strengthen Particulate Dust Control and Air
Pollution Measures in the Maricopa County Area (including Exhibit A, 10
pages), adopted on December 1, 1998.
(R) City of Surprise, Arizona.
(1) Resolution No. 97-29; A Resolution to Implement Measures in the
MAG 1997 Serious Area Particulate Plan for
[[Page 139]]
PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa
County Area (including Exhibit A, 4 pages), adopted on June 12, 1997.
(2) Resolution No. 97-67; A Resolution to Implement Measures in the
MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County
Area (including Exhibit A, 3 pages), adopted on October 23, 1997.
(3) Resolution No. 98-51; A Resolution to Implement Measures in the
MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County
Area (including Exhibit A, 6 pages), adopted on September 10, 1998.
(S) City of Tempe, Arizona.
(1) Resolution No. 97.39; Resolution to Implement Measures in the
MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious
Area Carbon Monoxide Plan for the Maricopa County Area (including
Exhibit A, 18 pages), adopted on June 12, 1997.
(2) Resolution No. 97.71, Resolution of the Council of the City of
Tempe Stating Its Intent to Implement Measures in the MAG 1997 Serious
Area Particulate Plan for PM-10 for the Maricopa County Area (including
Exhibit A, 6 pages), adopted on November 13, 1997.
(3) Resolution No. 98.42, Resolution of the Council of the City of
Tempe Implementing Measures in the MAG 1998 Serious Area Particulate
Plan for PM-10 for the Maricopa County Area (including Exhibit A, 8
pages), adopted on September 10, 1998.
(T) City of Tolleson, Arizona.
(1) Resolution No. 788, A Resolution of the Mayor and City Council
of the City of Tolleson, Maricopa County, Arizona, Implementing Measures
in the Maricopa Association of Governments (MAG) 1997 Serious Area
Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide
Plan for the Maricopa County Area (including Exhibit A, 12 pages),
adopted on June 10, 1997.
(2) Resolution No. 808, A Resolution of the Mayor and City Council
of the City of Tolleson, Maricopa County, Arizona, Implementing Measures
in the Maricopa Association of Governments (MAG) 1998 Serious Area
Particulate Plan for PM-10 for the Maricopa County Area (including
Exhibit A), adopted on July 28, 1998.
(3) Ordinance No. 376, N.S., An Ordinance of the City of Tolleson,
Maricopa County, Arizona, Amending Chapter 7 of the Tolleson City Code
by Adding a New Section 7-9, Prohibiting the Installation or
Construction of a Fireplace or Wood Stove Unless It Meets the Standards
Set Forth Herein (including Exhibit A, 4 pages), adopted on December 8,
1998.
(U) Town of Wickenburg, Arizona.
(1) Resolution No. 1308, Resolution To Implement Measures in the MAG
1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area
Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A,
4 pages), adopted on August 18, 1997.
(V) Town of Youngtown, Arizona.
(1) Resolution No. 97-15, Resolution To Implement Measures in the
MAG 1997 Serious Particulate Plan for PM-10 and MAG 1998 Serious Area
Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A,
4 pages), adopted on September 18, 1997.
(2) Resolution No. 98-15: Resolution To Implement Measures in the
MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County
Area (including Exhibit A, 8 pages), adopted on August 20, 1998.
(3) Resolution No 98-05: Resolution Stating Intent to Work
Cooperatively with Maricopa County to Control the Generation of Fugitive
Dust Pollution (including Exhibit A, 2 pages), adopted February 19,
1998.
(W) Maricopa County, Arizona.
(1) Resolution to Implement Measures in the MAG 1997 Serious Area
Particulate Plan for PM-10 and MAG 1A998 Serious Area Carbon Monoxide
Plan for the Maricopa County Area (including Exhibit A, 16 pages),
adopted on June 25, 1997. [Incorporation note: ``1A998'' error in the
original.]
(2) Resolution to Implement Measures in the MAG 1997 Serious Area
Particulate Plan for PM-10 for the Maricopa County Area (including
Exhibit A, 9 pages), adopted on November 19, 1997.
(3) Resolution to Implement Measures in the MAG 1998 Serious Area
Particulate Plan for PM-10 for the Maricopa County Area (including
Exhibit A, 10 pages), adopted on February 17, 1999.
[[Page 140]]
(4) Resolution to Implement Measures in the MAG 1999 Serious Area
Particulate Plan for PM-10 for the Maricopa County Area (including
Exhibit A, 10 pages), adopted on December 15, 1999.
(X) Arizona Department of Transportation, Phoenix, Arizona.
(1) Resolution to Implement Measures in the MAG 1997 Serious Area
Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide
Plan for the Maricopa County Area (including Exhibit A, 24 pages plus
index page), adopted on June 20, 1997.
(2) Resolution to Implement Measures in the MAG 1998 Serious Area
Particulate Plan for PM-10 for the Maricopa County Area (including
Exhibit A, 8 pages), adopted on July 17, 1998.
(Y) Regional Public Transportation Authority, Phoenix, Arizona.
(1) Resolution 9701: Resolution to Implement Measures in
the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998
Serious Area Carbon Monoxide Plan for the Maricopa County Area
(including Exhibit A, 23 pages), adopted on June 12, 1997.
(Z) State of Arizona.
(1) Arizona Revised Statute Section 49-542(F)(7) as added in Section
31 of Arizona Senate Bill 1002, 42nd Legislative Session, 7th Special
Session (1996), approved by the Governor July 18, 1996.
(101) Plan revisions submitted on March 2, 2000, by the Governor's
designee.
(i) Incorporation by reference. (A) Maricopa County Environmental
Services Department.
(1) Rule 310 revised on February 16, 2000.
(2) Rule 310.01 adopted on February 16, 2000.
(3) Appendix C revised on February 16, 2000.
(102) Plan revisions submitted on January 8, 2002, by the Governor's
designee.
(i) Incorporation by reference. (1) Maricopa County, Arizona.
(1) Resolution to Update Control Measure 6 in the Revised MAG 1999
Serious Area Particulate Plan for PM-10 for the Maricopa County Area
(including Exhibit A, 2 pages), adopted on December 19, 2001.
(103) The following plan was submitted on February 7, 2002, by the
Governor's designee.
(i) Incorporation by reference. (A) Arizona Department of
Environmental Quality.
(1) Bullhead City Moderate Area PM10 Maintenance Plan and
Request for Redesignation to Attainment, adopted on February 7, 2002.
(104) The following plan was submitted on March 29, 2002, by the
Governor's designee.
(i) Incorporation by reference. (A) Arizona Department of
Environmental Quality.
(1) Payson Moderate Area PM10 Maintenance Plan and
Request for Redesignation to Attainment, adopted on March 29, 2002.
(B) [Reserved]
(105) Amended rule for the following agency was submitted on March
22, 2002, by the Governor's designee.
(i) Incorporation by reference. (A) Maricopa County Environmental
Services Department.
(1) Rule 314, revised on December 19, 2001.
(106) Amended rule for the following agency was submitted on
February 22, 2002, by the governor's designee.
(i) Incorporation by reference. (A) Maricopa County Environmental
Services Department.
(1) Rule 140, revised on September 5, 2001.
(107) Amended rules for the following agency were submitted on
October 7, 1998 by the Governor's designee.
(i) Incorporation by reference. (A) Pinal County Air Quality Control
District.
(1) Rule 1-3-140, adopted on June 29, 1993 and amended on July 29,
1998.
(2) Rule 4-2-050, adopted on May 14, 1997.
(108) Revisions to the Arizona State Implementation Plan for the
Motor Vehicle Inspection and Maintenance Programs, submitted on July 6,
2001.
(i) Incorporation by reference. (A) Arizona Revised Statutes.
(1) Section 49-551 as amended in Section 27 of Arizona Senate Bill
1427, 43rd Legislature, 2nd Regular Session (1998), approved by the
Governor on May 29, 1998.
[[Page 141]]
(2) Section 49-544 as amended in Section 15 of Arizona Senate Bill
1007, 43rd Legislature, 4th Special Session (1998), approved by the
Governor on May 20, 1998.
(3) Section 49-541 as amended in Section 44 of Arizona House Bill
2189, 44th Legislature, 1st Regular Session (1999), approved by the
Governor on May 18, 1999.
(4) Section 49-542.01 repealed in Section 3 and Section 49-545 as
amended in Section 5 of Arizona House Bill 2104, 44th Legislature, 2nd
Regular session (2000), approved by the Governor on April 28, 2000.
(5) Section 49-542.05 as added in Section 23 of Arizona Senate Bill
1004, 44th Legislature, 7th Special Session (2000), approved by the
Governor on December 14, 2000.
(B) Arizona Administrative Code.
(1) Title 18, Chapter 2, Article 10 (except for AAC R 18-2-1020)
``Motor Vehicles; Inspection and Maintenance'' as adopted on December
31, 2000.
(109) Revisions to the Arizona State Implementation Plan for the
Motor Vehicle Inspection and Maintenance Programs, submitted on April
10, 2002 by the Governor's designee.
(i) Incorporation by reference. (A) Arizona Revised Statutes.
(1) Section 49-542 as amended in Section 9, Section 49-543 as
amended in Section 11, and Section 49-541.01 repealed in Section 29 of
Arizona House Bill 2538, 45th Legislature, 1st Regular Session (2001),
approved by the Governor on May 7, 2001.
(B) Arizona Administrative Code.
(1) Amendments to AAC R 18-2-1006 and 18-2-1019, and the repeal of
AAC R 18-2-1014 and R 18-2-1015 effective January 1, 2002.
(110) New and amended regulations were submitted on July 15, 1998,
by the Governor's designee.
(i) Incorporation by reference. (A) Arizona Department of
Environmental Quality.
(1) Rules R18-2-701, R18-2-710, R18-2-725, R18-2-727, R18-2-801,
R18-2-802, R18-2-803, R18-2-804, and R18-2-805, amended on November 15,
1993.
(2) Rules R18-2-715.02 and R18-2-715, Appendix 8 amended on November
15, 1993.
(111) The following plan was submitted on June 18, 2002, by the
Governor's designee.
(i) Incorporation by reference. (A) Arizona Department of
Environmental Quality.
(1) Ajo Sulfur Dioxide State Implementation and Maintenance Plan,
adopted by Arizona Department of Environmental Quality on June 18, 2002.
(112) Revised regulations were submitted on August 15, 2001, by the
Governor's designee as part of the submittal entitled Arizona Cleaner
Burning Gasoline Rule to Revise the State Implementation Plan for the
Maricopa County Carbon Monoxide, Ozone, and PM10 Nonattainment Areas.
The incorporated materials from this submittal supercede those included
in the submittals entitled SIP Revision, Arizona Cleaner Burning
Gasoline Permanent Rules--Maricopa County Ozone Nonattainment Area,
submitted on February 24, 1999, and State Implementation Plan Revision
for the Cleaner Burning Gasoline Program in the Maricopa County Ozone
Nonattainment Area, submitted on March 29, 2001.
(i) Incorporation by reference. (A) Arizona Administrative Code.
(1) AAC R20-2-701, R20-2-716, R20-2-750 through 762, and Title 20,
Chap. 2, Art. 7, Tables 1 and 2 (March 31, 2001).
(113) Revised statutes were submitted on January 22, 2004, by the
Governor's designee as part of the submittal entitled Supplement to
Cleaner Burning Gasoline Program State Implementation Plan Revision. The
incorporated materials from this submittal supercede those included in
the submittals entitled SIP Revision, Arizona Cleaner Burning Gasoline
Permanent Rules--Maricopa County Ozone Nonattainment Area, submitted on
February 24, 1999, State Implementation Plan Revision for the Cleaner
Burning Gasoline Program in the Maricopa County Ozone Nonattainment
Area, submitted on March 29, 2001, and Arizona Cleaner Burning Gasoline
Rule to Revise the State Implementation Plan for the Maricopa County
Carbon Monoxide, Ozone, and PM10 Nonattainment Areas, submitted August
15, 2001.
(i) Incorporation by reference. (A) Arizona Revised Statutes.
(1) ARS sections 49-541(1)(a), (b), and (c), 41-2124, 41-2123, 41-
2113(B)(4), 41-
[[Page 142]]
2115, and 41-2066(A)(2) (as codified on March 31, 2001).
(114) The following plan was submitted on June 21, 2002, by the
Governor's designee.
(i) Incorporation by reference. (A) Arizona Department of
Environmental Quality.
(1) Morenci Sulfur Dioxide Nonattainment Area State Implementation
and Maintenance Plan, adopted by the Arizona Department of Environmental
Quality on June 21, 2002.
(115) Amended regulations were submitted on January 16, 2004, by the
Governor's designee.
(i) Incorporation by reference. (A) Arizona Department of
Environmental Quality.
(1) Rule 18-2-101 (Paragraphs 41 and 111), amended on November 15,
1993 and Rule R-18-2-702, amended on December 26, 2003.
(116) New and amended regulations were submitted on September 12,
2003, by the Governor's designee.
(i) Incorporation by reference. (A) Arizona Department of
Environmental Quality.
(1) Rules R18-2-715 (sections F, G, and H) and R18-2-715.01 amended
on August 9, 2002.
(117) Amended regulation was submitted on July 28, 2004, by the
Governor's designee.
(i) Incorporation by reference. (A) Maricopa County Environmental
Services Department.
(1) Rule 331 adopted on April 21, 2004.
(118) The following plan was submitted on April 18, 2001, by the
Governor's designee.
(i) Incorporation by reference. (A) Arizona Department of
Environmental Quality.
(1) Revised MAG 1999 Serious Area Carbon Monoxide Plan for the
Maricopa County Nonattainment Area, dated March 2001, adopted by the
Maricopa Association of Governments on March 28, 2001, and adopted by
the Arizona Department of Environmental Quality on April 18, 2001.
(119) The following plan was submitted on June 16, 2003, by the
Governor's designee.
(i) Incorporation by reference. (A) Arizona Department of
Environmental Quality.
(1) MAG Carbon Monoxide Redesignation Request and Maintenance Plan
for the Maricopa County Nonattainment Area and Appendices, dated May
2003, adopted by the Arizona Department of Environmental Quality on June
16, 2003.
(120) The following plan was submitted on September 13, 2004, by the
Governor's designee.
(i) Incorporation by reference. (A) Arizona Department of
Environmental Quality.
(1) 40 CFR 81.303, Attainment Status Designations--Arizona, Request
for Technical Correction of Phoenix Planning Area (Maricopa County) PM-
10 Serious Nonattainment Area Boundaries, dated September 13, 2004.
(121) A plan revision was submitted on April 20, 2005 by the
Governor's designee.
(i) Incorporation by reference. (A) Maricopa County Environmental
Services Department.
(1) Permit V98-004, condition 23, W.R. Meadows of Arizona, Inc.,
Goodyear, AZ, adopted on February 17, 2005.
(122) A plan revision was submitted on April 25, 2005 by the
Governor's designee.
(i) Incorporation by reference. (A) Maricopa County Environmental
Services Department.
(1) Rule 358 adopted on April 20, 2005.
(123) The following plan was submitted on December 7, 1998, by the
Governor's designee.
(i) Incorporation by reference. (A) Arizona Department of
Environmental Quality.
(1) Letter and enclosures regarding Arizona's Intent to ``Opt-out''
of the Clean Fuel Fleet Program, adopted by the Arizona Department of
Environmental Quality on December 7, 1998.
(124) The following plan was submitted on December 14, 2000, by the
Governor's designee.
(i) Incorporation by reference. (A) Arizona Department of
Environmental Quality.
(1) Final Serious Area Ozone State Implementation Plan for Maricopa
County, dated December 2000, adopted by the Arizona Department of
Environmental Quality on December 14, 2000.
(125) The following plan was submitted on April 21, 2004, by the
Governor's designee.
[[Page 143]]
(i) Incorporation by reference. (A) Arizona Department of
Environmental Quality.
(1) One-Hour Ozone Redesignation Request and Maintenance Plan for
the Maricopa County Nonattainment Area, dated March 2004, adopted by the
Maricopa Association of Governments Regional Council on March 26, 2004
and adopted by the Arizona Department of Environmental Quality on April
21, 2004.
(126) The following plan was submitted on December 14, 2001, by the
Governor's designee.
(i) Incorporation by reference.
(A) Arizona Department of Environmental Quality.
(1) Douglas Sulfur Dioxide Nonattainment Area State Implementation
and Maintenance Plan, dated November 29, 2001, adopted by the Arizona
Department of Environmental Quality on December 14, 2001.
(127) The following plan was submitted on April 2, 2004, by the
Governor's designee.
(i) Incorporation by reference.
(A) Arizona Department of Environmental Quality.
(1) Modeling Supplement--Douglas Sulfur Dioxide (SO2)
State Implementation and Maintenance Plan, adopted by the Arizona
Department of Environmental Quality on April 2, 2004.
(128) The following plan was submitted on September 16, 2005, by the
Governor's designee.
(i) Incorporation by reference.
(A) Arizona Department of Environmental Quality.
(1) Modeling and Emissions Inventory Supplement for the Douglas
Sulfur Dioxide Nonattainment Area State Implementation and Maintenance
Plan and Redesignation Request, dated September 2005, adopted by the
Arizona Department of Environmental Quality on September 16, 2005.
(129) The following amended rule was submitted on September 12,
2005, by the Governor's designee.
(i) Incorporation by reference.
(A) Pinal County Air Quality Control District.
(1) Rule 2-8-300, adopted on June 29, 1993 and amended on May 18,
2005.
(130) An amended regulation was submitted on March 1, 2006, by the
Governor's designee.
(i) Incorporation by reference.
(A) Arizona Department of Environmental Quality.
(1) Rule R18-2-Appendix 8, adopted on December 22, 1976 and amended
effective on July 18, 2005.
(131) The following amended rules were submitted on December 30,
2004, by the Governor's designee.
(i) Incorporation by reference. (A) Arizona Department of
Environmental Quality.
(1) Rule R18-2-602, adopted effective on May 14, 1979 and amended
effective on March 16, 2004.
(2) Rules R18-2-1501, R18-2-1502, R18-2-1503, R18-2-1504, R18-2-
1505, R18-2-1506, R18-2-1507, R18-2-1508, R18-2-1509, R18-2-1510, R18-2-
1511, R18-2-1512, and R18-2-1513, adopted effective on October 8, 1996
and amended effective on March 16, 2004.
(B) Pima County Department of Environmental Quality.
(1) Rule 17.12.480, amended on October 19, 2004.
(C) Pinal County Air Quality Control District.
(1) Rules 3-8-700 and 3-8-710, adopted effective on June 29, 1993
and amended on October 27, 2004.
(132) The following plan revision was submitted on June 26, 2002, by
the Governor's designee.
(i) Incorporation by reference.
(A) Arizona Department of Environmental Quality.
(1) Final Miami Sulfur Dioxide Nonattainment Area State
Implementation and Maintenance Plan (June 2002), chapter 7
(``Maintenance Plan''), adopted on June 26, 2002 by the Arizona
Department of Environmental Quality.
(ii) Additional materials.
(A) Arizona Department of Environmental Quality.
(1) Final Miami Sulfur Dioxide Nonattainment Area State
Implementation and Maintenance Plan (June 2002), excluding the cover
page, and pages iii, 2, 3, 4, and 49; chapter 7 (``Maintenance Plan'');
appendix A (``SIP Support Information''), sections A.1 (``Pertinent
Sections of the Arizona Administrative Code'') and A.2 (``Information
Regarding Revisions to AAC R18-2-715 and R18-2-715.01, `Standards of
Performance for Primary Copper Smelters: Site Specific Requirements;
Compliance and
[[Page 144]]
Monitoring' ''); and appendix D (``SIP Public Hearing Documentation''),
adopted on June 26, 2002 by the Arizona Department of Environmental
Quality.
(2) Submittal of Corrections to the Final Miami Sulfur Dioxide
Nonattainment Area State Implementation and Maintenance Plan (June
2002), letter and enclosures (replacement pages for the cover page and
pages iii, 2, 3, 4 and 49), dated June 30, 2004.
(3) Letter from Stephen A. Owens, Director, Arizona Department of
Environmental Quality, dated June 20, 2006, withdrawing a section
107(d)(3)(D) boundary redesignation request included in the Miami Sulfur
Dioxide Nonattainment Area State Implementation and Maintenance Plan and
requesting a section 110(k)(6) error correction.
(133) The following statute and plan were submitted on December 23,
2005 by the Governor's designee.
(i) Incorporation by reference.
(A) Arizona Revised Statutes.
(1) Section 49-542 as amended in section 1 of the Arizona House Bill
2357, 47th Legislature, 1st Regular Session (2005) and approved by the
Governor on April 13, 2005.
(ii) Additional material.
(A) Arizona Department of Environmental Quality.
(1) Final Arizona State Implementation Plan Revision, Basic and
Enhanced Vehicle Emissions Inspection/Maintenance Programs (December
2005), adopted by the Arizona Department of Environmental Quality on
December 23, 2005, excluding appendices.
(134) The following plan was submitted on October 3, 2006 by the
Governor's designee.
(i) Incorporation by reference.
(A) Arizona Department of Environmental Quality.
(1) September 2006 Supplement to Final Arizona State Implementation
Plan Revision, Basic and Enhanced Vehicle Emissions Inspection/
Maintenance Programs, December 2005, adopted by the Arizona Department
of Environmental Quality on October 3, 2006, excluding appendices.
(135) An amended regulation was submitted on June 8, 2006, by the
Governor's designee.
(i) Incorporation by reference.
(A) Maricopa County Environmental Services Department.
(1) Rule 314, adopted on July 13, 1988 and amended on April 20,
2005.
(136) The following plan was submitted on May 24, 2007 by the
Governor's designee.
(i) Incorporation by reference.
(A) Arizona Department of Environmental Quality.
(1) Revision to the Arizona State Implementation Plan Under Clean
Air Act Section 110(a)(2)(D)(i)--Regional Transport (May 2007), adopted
by the Arizona Department of Environmental Quality on May 24, 2007.
(137) The Administrator is approving the following elements of the
Revised PM-10 State Implementation Plan for the Salt River Area,
September 2005, submitted on October 7, 2005, by the Governor's
designee.
(i) Incorporation by reference.
(A) Maricopa County Air Quality Department.
(1) Rule 325, adopted on August 10, 2005.
(2) Rule 310, revised on April 7, 2004.
(3) Appendix C, ``Fugitive Dust Test Methods,'' adopted on June 16,
1999, and revised on April 7, 2004.
(4) Appendix F, ``Soil Designations,'' adopted on April 7, 2004.
(5) Resolution No. C-85-05-005-0-00: Resolution to Implement
Additional Measures for the Maricopa County, Arizona Serious PM-10
Nonattainment Area (including Exhibit A), adopted on January 19, 2005.
(B) City of Apache Junction.
(1) Resolution No. 04-24: A Resolution of the Mayor and City Council
of the City of Apache Junction, Arizona, Implementing Measures to Reduce
Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-
10 State Implementation Plan for the Salt River Area (including Exhibit
A), adopted on September 21, 2004.
(C) City of Avondale.
(1) Resolution No. 2448-04: A Resolution of the Council of the City
of Avondale, Arizona, Implementing Measures to Reduce Reentrained Dust
Emissions from Targeted Paved Roads in the Revised PM-10 State
Implementation Plan for the Salt River Area (including Exhibit A),
adopted on September 20, 2004.
[[Page 145]]
(D) Town of Buckeye.
(1) Resolution No. 58-04: A Resolution of the Mayor and Town Council
of the Town of Buckeye, Arizona, Implementing Measures to Reduce
Reentrained Dust Emission from Targeted Paved Roads in the Revised PM-10
State Implementation Plan for the Salt River Area (including Exhibit A),
adopted on November 16, 2004.
(E) City of Chandler.
(1) Resolution No. 3782: Resolution to Implement Measures to Reduce
Re-entrained Dust Emissions from Identified Paved Roads in Chandler As
Part of the Revised PM-10 State Implementation Plan for Air Quality
(including Exhibit A and Exhibit B), adopted on October 14, 2004.
(F) City of El Mirage.
(1) Resolution No. R04-10-54: A Resolution of the Mayor and City
Council of the City of El Mirage, Maricopa County, Arizona, Implementing
Measures to Reduce Re-entrained Dust Emissions from Targeted Paved Roads
in the Revised PM-10 State Implementation Plan for the Salt River Area
(including Exhibit A), adopted on October 28, 2004.
(G) Town of Fountain Hills.
(1) Resolution No. 2004-63: A Resolution of the Mayor and Council of
the Town of Fountain Hills, Arizona, Implementing Measures to Reduce
Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-
10 State Implementation Plan for the Salt River Area (including Exhibit
A and Protocol to Reduce Reentrained Dust Emissions from Targeted Paved
Roads), adopted on November 18, 2004.
(H) Town of Gilbert.
(1) Resolution No. 2575: A Resolution of the Common Council of the
Town of Gilbert, Arizona to Implement Measures to Reduce Reentrained
Dust Emissions from Targeted Paved Roads in the Revised PM-10 State
Implementation Plan for the Salt River Area (including Exhibit A and
Town of Gilbert Protocol for Reducing PM-10 Emissions from ``High Dust''
Paved Roads), adopted on March 29, 2005.
(I) City of Glendale.
(1) Resolution No. 3796 New Series: A Resolution of the Council of
the City of Glendale, Maricopa County, Arizona, Implementing Measures to
Reduce Re-entrained Dust Emissions from Targeted Paved Roads in the
Revised PM-10 State Implementation Plan for the Salt River Area
(including Exhibit A and Glendale Targeted Street Sweeping Protocol to
Reduce Dust Emissions), adopted on September 14, 2004.
(J) City of Goodyear.
(1) Resolution No. 04-941: A Resolution of the Mayor and Council of
the City of Goodyear, Maricopa County, Arizona, to Authorize the City
Manager to Implement Measures to Reduce Reentrained Dust Emissions from
Targeted Paved Roads in the Revised PM-10 State Implementation Plan for
the Salt River Area (including Exhibit A and Protocol for Reducing
Reentrained Dust Emissions from Targeted Paved Roads), adopted on
October 25, 2004.
(K) City of Mesa.
(1) Resolution No. 8344: A Resolution of the City Council of the
City of Mesa, Maricopa County, Arizona, Stating the City's Intent to
Implement Measures to Reduce Particulate Pollution (including Exhibit
A), adopted on October 4, 2004.
(L) Town of Paradise Valley.
(1) Resolution Number 1084: Resolution to Implement Measures to
Reduce Reentrained Dust Emissions from Targeted Paved Roads in the
Revised PM-10 State Implementation Plan for the Salt River Area
(including Exhibit A), adopted on September 23, 2004.
(M) City of Peoria.
(1) Resolution No. 04-235: A Resolution of the Mayor and City
Council of the City of Peoria, Maricopa County, Arizona, Implementing
Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads
in the Revised PM-10 State Implementation Plan for the Salt River Area
(including Exhibit A and City of Peoria Targeted Paved Roadways Dust
Control Protocol, September 24, 2004), adopted on October 5, 2004.
(N) City of Phoenix.
(1) Resolution No. 20114: A Resolution Stating the City's Intent to
Implement Measures to Reduce Air Pollution (including Exhibit A, City of
Phoenix 2004 Protocol and Implementation Plan for Paved Streets with
Potential for Dust Emissions, and Attachment A), adopted on June 16,
2004.
(O) City of Scottsdale.
[[Page 146]]
(1) Resolution No. 6588: A Resolution of the Council of the City of
Scottsdale, Maricopa County Arizona, Authorizing Implementation of
Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads
in the Revised PM-10 State Implementation Plan for the Salt River Area
(including Exhibit A and Attachment 1--Protocol to Reduce
Reentrained Dust Emissions from Targeted Paved Roads), adopted on
December 6, 2004.
(P) City of Surprise.
(1) Resolution No. 04-163: A Resolution of the Mayor and Council of
the City of Surprise, Arizona, to Implement Measures to Reduce
Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-
10 State Implementation Plan for the Salt River Area (including Exhibit
A and Protocol), adopted on September 23, 2004.
(Q) City of Tempe.
(1) Resolution No. 2004.84: A Resolution of the Mayor and City
Council of the City of Tempe, Arizona, to Implement Measures to Reduce
Re-entrained Dust Emissions from Targeted Paved Roads in the Revised PM-
10 State Implementation Plan for the Salt River Area (including Exhibit
A and Protocol for Reducing Re-entrained Dust Emissions from Targeted
Paved Roads, September 30, 2004), adopted on September 30, 2004.
(R) City of Tolleson.
(1) Resolution No. 947: A Resolution of the Mayor and City Council
of the City of Tolleson, Maricopa County, Arizona, Implementing Measures
to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the
Revised PM-10 State Implementation Plan for the Salt River Area
(including Exhibit A), adopted on September 28, 2004.
(S) Town of Youngtown.
(1) Resolution No. 05-01: Resolution to Implement Measures to Reduce
Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-
10 State Implementation Plan for the Salt River Area (including Exhibit
A), adopted on January 20, 2005.
(T) Arizona Department of Transportation.
(1) Resolution to Implement Measures to Reduce Reentrained Dust
Emissions from Targeted Paved Roads in the Revised PM-10 State
Implementation Plan for the Salt River Area (including Exhibit A and
Arizona Department of Transportation Plan to Reduce Reentrained Dust
Emissions from Targeted Paved Roads), adopted on September 17, 2004.
(138) The Administrator is approving the following elements of the
Revised PM-10 State Implementation Plan for the Salt River Area,
Additional Submittals, September 2005, Additional Submittal in November
2005, submitted on November 29, 2005, by the Governor's designee.
(i) Incorporation by reference.
(A) Maricopa County Air Quality Department.
(1) Rule 310.01, adopted on June 16, 1999, and revised on February
17, 2005.
(2) Application for Dust Control Permit, adopted on June 22, 2005.
(3) Guidance for Application for Dust Control Permit, adopted on
June 22, 2005.
(139) The following plan was submitted on July 5, 2007 by the
Governor's designee.
(i) Incorporation by reference.
(A) Maricopa County Air Quality Department
(1) Rule 242, adopted on June 20, 2007.
(140) The following plan was submitted on June 7, 2007 by the
Governor's designee.
(i) Incorporation by reference.
(A) Arizona Department of Environmental Quality. (1) Final Arizona
State Implementation Plan Revision, San Manuel Sulfur Dioxide
Nonattainment Area, March 2007, Arizona Department of Environmental
Quality.
(B) Maricopa County Air Quality Department.
(1) Rule 510, ``Air Quality Standards,'' excluding Appendix G to the
Maricopa County Air Pollution Control Regulations, adopted on July 13,
1988 and revised on November 1, 2006.
(141) The following amended rules were submitted on July 10, 2008,
by the Governor's designee.
(i) Incorporation by reference.
(A) Maricopa County.
(1) Ordinance P-26, ``Residential Woodburning Restriction
Ordinance,'' adopted on October 5, 1994 and revised on March 26, 2008.
(B) Maricopa County Air Quality Department.
[[Page 147]]
(1) Rule 314, ``Open Outdoor Fires and Indoor Fireplaces at
Commercial and Institutional Establishments,'' adopted on July 13, 1988
and revised on March 12, 2008.
(2) Rule 316, ``Nonmetallic Mineral Processing,'' adopted on March
12, 2008.
(3) Rule 300, ``Visible Emissions,'' amended March 12, 2008.
(142) New and amended regulations were submitted on January 9, 2008,
by the Governor's designee.
(i) Incorporation by reference.
(A) Maricopa County Air Quality Department.
(1) Rule 322, ``Power Plant Operations,'' adopted October 17, 2007.
(2) Rule 323, ``Fuel Burning Equipment from Industrial/Commercial/
Institutional (ICI) Sources,'' adopted October 17, 2007.
(3) Rule 324, ``Stationary Internal Combustion (IC) Engines,''
adopted October 17, 2007.
(143) The 2008 Revision to the Carbon Monoxide Limited Maintenance
Plan for the Tucson Air Planning Area (for 2010), adopted by the Pima
Association of Governments on June 26, 2008, and adopted and submitted
by the Arizona Department of Environmental Quality on July 10, 2008,
excluding appendix D.
(144) Appendix D (Revised) (``Letter from Arizona Department of
Environmental Quality re: Vehicle Emissions Inspection Program (VEIP),
Revised to include supporting documents authorizing the VEIP from 2009
to 2017 (Chapter 171, Senate Bill 1531 from the 48th Regular Session of
the Arizona Legislature and Arizona Revised Statute text A.R.S. 41-
3017.01''), adopted as a Supplement to the Carbon Monoxide Limited
Maintenance Plan for the Tucson Air Planning Area (for 2010) by the Pima
Association of Governments on May 28, 2009, and adopted and submitted by
the Arizona Department of Environmental Quality on June 22, 2009.
(145) New and amended regulations were submitted on June 12, 2009 by
the Governor's designee.
(i) Incorporation by Reference.
(A) Pinal County Air Quality Control District.
(1) Rule 2-8-302, ``Performance Standards--Hayden PM-10 Non-
attainment Area,'' adopted on January 7, 2009.
(i) Pinal County Board of Supervisors, Resolution No. 010709-AQ3,
Pinal County Air Quality Control District, ``A Resolution of the Board
of Supervisors of Pinal County, Adopting Certain Revisions to the Pinal
County Air Quality Control District Rules, adopted January 7, 2009; to
Wit: Rule 2-8-302 (Performance Standards--Hayden PM10 Nonattainment
Area). Rule 4-2-020, ``Fugitive Dust--General,'' amended on December 4,
2002. Rule 4-2-030, ``Fugitive Dust--Definitions,'' amended on December
4, 2002. Chapter 4, Article 4, ``PM-10 Non-attainment Area Rules;
Dustproofing and Stabilization for Commercial Unpaved Parking, Drive and
Working Yards''; Section 4-4-100, ``General Provisions,'' amended on
June 3, 2009; Section 4-4-110, ``Definitions,'' amended on June 3, 2009;
Section 4-4-120, ``Objective Standards,'' amended on June 3, 2009;
Section 4-4-130, ``Work Practice Standards,'' adopted on June 3, 2009;
Section 4-4-140, ``Recordkeeping and Records Retention,'' adopted on
June 3, 2009. Chapter 4, Article 5, ``PM-10 Non-attainment Area Rules;
Stabilization for Residential Parking and Drives''; Section 4-5-150,
``Stabilization for Residential Parking and Drives; Applicability,''
amended on June 3, 2009; Section 4-5-160, ``Residential Parking Control
Requirement,'' amended on June 3, 2009; Section 4-5-170, ``Deferred
enforcement date,'' amended on June 3, 2009. Chapter 4, Article 7,
``Construction Sites in Non-Attainment Areas--Fugitive Dust''; Section
4-7-210, ``Definitions,'' adopted on June 3, 2009; Section 4-7-214,
``General Provisions,'' adopted on June 3, 2009; Section 4-7-218,
``Applicability; Development Activity,'' adopted on June 3, 2009;
Section 4-7-222, ``Owner and/or Operator Liability,'' adopted on June 3,
2009; Section 4-7-226, ``Objective Standards; Sites,'' adopted on June
3, 2009; Section 4-7-230, ``Obligatory Work Practice Standards; Sites,''
adopted on June 3, 2009; Section 4-7-234, ``Nonattainment-Area Dust
Permit Program; General Provisions,'' adopted on June 3, 2009; Section
4-7-238, ``Nonattainment Area Site Permits,'' adopted on June 3, 2009;
Section 4-7-242, ``Nonattainment Area Block Permits,'' adopted on June
3, 2009; Section 4-7-246,
[[Page 148]]
``Recordkeeping and Records Retention,'' adopted on June 3, 2009.
Chapter 4, Article 9, ``Test Methods''; Section 4-9-320, ``Test Methods
for Stabilization For Unpaved Roads and Unpaved Parking Lots,'' adopted
on June 3, 2009; Section 4-9-340, ``Visual Opacity Test Methods,''
adopted on June 3, 2009.
(146) The following plan was submitted on April 12, 2010 by the
Governor's designee.
(i) Incorporation by reference.
(A) Maricopa County Air Quality Department.
(1) Rule 310, ``Fugitive Dust From Dust-Generating Operations,''
adopted on January 27, 2010.
(2) Rule 310.01, ``Fugitive Dust From Non-Traditional Sources of
Fugitive Dust,'' adopted on January 27, 2010.
(147) The following plan was submitted on July 10, 2008 by the
Governor's designee.
(i) Incorporation by reference.
(A) Maricopa County Air Quality Department.
(1) Appendix C--``Fugitive Dust Test Methods,'' adopted on March 26,
2008.
(148) The following plan revision was submitted on September 21,
2009 by the Governor's designee.
(i) Incorporation by reference. (A) Arizona Department of Weights
and Measures. (1) Arizona Revised Statutes, title 41 (State Government),
chapter 15 (Department of Weights and Measures), as amended and
supplemented by the general and permanent laws enacted through the First
Special Session, and legislation effective January 11, 2011 of the First
Regular Session of the Fiftieth Legislature (2011):
(i) Article 1 (General Provisions), section 41-2051
(``Definitions''), subsections (6) (``Certification''), (10)
(``Department''), (11) (``Diesel fuel''), (12) (``Director''), and (13)
(``E85''), amended by Laws 2008, Ch. 254, Sec. 2;
(ii) Article 6 (Motor Fuel), section 41-2121 (``Definitions''),
subsection (5) (``Gasoline'') amended by Laws 2007, Ch. 292, Sec. 11;
and
(iii) Article 7 (Gasoline Vapor Control), section 41-2131
(``Definitions''), added by Laws 1992, Ch. 299, Sec. 6; section 41-2132
(``Stage I and stage II vapor recovery systems''), amended by Laws 2010,
Ch. 181, Sec. 2; and section 41-2133 (``Compliance schedules''), amended
by Laws 1999, Ch. 295, Sec. 17.
(2) Arizona Administrative Code, title 20, chapter 2, article 1
(Administration and Procedures), section R20-2-101 (``Definitions''),
effective (for state purposes) on June 5, 2004.
(3) Arizona Administrative Code, title 20, chapter 2, article 9
(Gasoline Vapor Control):
(i) Sections R20-2-901 (``Material Incorporated by Reference''),
R20-2-902 (``Exemptions''), R20-2-903 (``Equipment and Installation''),
R20-2-904 (``Application Requirements and Process for Authority to
Construct Plan Approval''), R20-2-905 (``Initial Inspection and
Testing''), R20-2-910 (``Annual Inspection and Testing''), R20-2-911
(``Compliance Inspections''), and R20-2-912 (``Enforcement''), effective
(for state purposes) on June 5, 2004.
(ii) Sections R20-2-907 (``Operation''), R20-2-908 (``Training and
Public Education''), and R20-2-909 (``Recordkeeping and Reporting''),
effective (for state purposes) on October 8, 1998.
(149) The following plan was submitted on June 13, 2007 by the
Governor's designee.
(i) [Reserved]
(ii) Additional Materials. (A) Arizona Department of Environmental
Quality. (1) Letter dated June 13, 2007 from Stephen A. Owens, Director,
ADEQ, to Wayne Nastri, Regional Administrator, United States
Environmental Protection Agency, Region IX.
(2) Eight-Hour Ozone Plan for the Maricopa Nonattainment Area, dated
June 2007, including Appendices, Volumes One and Two.
(150) The following plan was submitted on August 24, 2012, by the
Governor's designee.
(i) [Reserved]
(ii) Additional material.
(A) Arizona Department of Environmental Quality.
(1) ``Final 2012 State Implementation Plan Nogales PM10
Nonattainment Area,'' dated August 24, 2012, including Appendices A-K,
adopted on August 24, 2012.
(151) The following plan revisions were submitted on August 15, 1994
by the Governor's designee.
(i) Incorporation by reference.
[[Page 149]]
(A) Arizona Department of Environmental Quality.
(1) Rule R18-2-220, Air pollution emergency episodes, Department of
Environmental Quality-Air Pollution Control, amended effective September
26, 1990.
(2) A letter from Eric C. Massey, Director, Air Quality, Arizona
Department of Environmental Quality, to Jared Blumenfeld, Regional
Administrator, US EPA, dated August 30, 2012, certifying that the
attached copy of a document titled ``Procedures for Prevention of
Emergency Episodes: 1988 Edition'' is a true and correct copy of the
original and is an official publication of the Arizona Department of
Environmental Quality.
(3) ``Procedures for Prevention of Emergency Episodes,'' 1988
edition, Arizona Department of Environmental Quality.
(152) The following plan was submitted August 24, 2012, by the
Governor's designee.
(i) Incorporated by reference.
(A) Arizona Department of Environmental Quality.
(1) Arizona Administrative Code, title 18, chapter 2, article 3
(Permits and Permit Revisions):
(i) Section R18-2-313 (``Existing Source Emission Monitoring''),
effective on February 15, 2001.
(ii) Section R18-2-327, (``Annual Emissions Inventory
Questionnaire''), effective on December 7, 1995.
(B) Maricopa County Air Quality Department.
(1) Rule 100, Section 500, ``Monitoring and Records,'' revised on
March 15, 2006.
(ii) Additional materials.
(A) Arizona Department of Environmental Quality.
(1) ``Final Supplement to the Arizona State Implementation Plan
under Clean Air Act Section 110(a)(1) and (2): Implementation of 2006
PM2.5 National Ambient Air Quality Standards, 1997
PM2.5 National Ambient Air Quality Standards, and 1997 8-Hour
Ozone National Ambient Air Quality Standards,'' August 2012, adopted by
the Arizona Department of Environmental Quality on August 24, 2012,
excluding the appendices.
(2) Arizona Revised Statutes (West's, 2011-2012 Compact Edition):
(i) Title 28 (transportation), chapter 7 (certification of title and
registration), article 5 (registration requirements generally), section
28-2153 (``Registration requirement; exceptions; assessment; violation;
classification'');
(ii) Title 35 (public finances), chapter 2 (handling of public
funds), article 2 (state management of public monies), section 35-313
(``Investment of trust and treasury monies; loan of securities'');
(iii) Title 38 (public officers and employees), chapter 1 (general
provisions), article 1 (definitions), section 38-101 (``Definitions'')
and article 8 (conflict of interest of officers and employees), sections
38-501 (``Application of article''), 38-502 (``Definitions''), 38-503
(``Conflict of interest; exemptions; employment prohibition''), 38-504
(``Prohibited acts''), 38-505 (``Additional income prohibited for
services'') 38-506 (``Remedies''), 38-507 (``Opinions of the attorney
general, county attorneys, city or town attorneys and house and senate
ethics committee''), 38-508 (``Authority of public officers and
employees to act''), 38-509 (Filing of disclosures''), 38-510
(``Penalties''), and 38-511 (``Cancellation of political subdivision and
state contracts; definition'');
(iv) Title 49 (the environment), chapter 1 (general provisions),
article 1 (department of environmental quality), section 49-103
(``Department employees; legal counsel''), subsections (A)(2), (A)(4),
(B)(3), and (B)(5) of section 49-104 (``Powers and duties of the
department and director''), and sections 49-106 (``Statewide application
of rules'') and 49-107 (``Local delegation of state authority'');
(v) Title 49 (the environment), chapter 3 (air quality), article 1
(general provisions), section 49-405 (``Attainment area designations'');
article 2 (state air pollution control), sections 49-421
(``Definitions''), 49-422 (``Powers and duties''), 49-424 (``Duties of
department''), 49-425 (``Rules; hearing''), 49-433 (``Special inspection
warrant''), 49-435 (``Hearings on orders of abatement''), and 49-441
(``Suspension and revocation of conditional order''), subsections (A)
and (B)(2) of section 49-455 (``Permit administration fund''), and
[[Page 150]]
sections 49-460 (``Violations; production of records''), 49-461
(``Violations; order of abatement''), 49-462 (``Violations; injunctive
relief''), 49-463 (``Violations; civil penalties''), and 49-465 (``Air
pollution emergency''); and article 3 (county air pollution control),
sections 49-471 (``Definitions''), 49-473 (``Board of supervisors''),
49-474 (``County control boards''), 49-476.01 (``Monitoring''), 49-478
(``Hearing board''), 49-479 (``Rules; hearing''), 49-480.02 (``Appeals
of permit actions''), 49-482 (``Appeals to hearing board''), 49-488
(``Special inspection warrant''), 49-490 (``Hearings on orders of
abatement''), 49-495 (``Suspension and revocation of conditional
order''), 49-502 (``Violation; classification''), 49-510 (``Violations;
production of records''), 49-511 (``Violations; order of abatement''),
49-512 (``Violations; injunctive relief''), and 49-513 (``Violations;
civil penalties'').
(153) The following plan was submitted on October 14, 2009, by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials.
(A) Arizona Department of Environmental Quality.
(1) ``Arizona State Implementation Plan Revision under Clean Air Act
Section 110(a)(1) and (2): Implementation of 2006 PM2.5
National Ambient Air Quality Standards, 1997 PM2.5 National
Ambient Air Quality Standards, and 1997 8-Hour Ozone National Ambient
Air Quality Standards,'' September 2009, adopted by the Arizona
Department of Environmental Quality on October 14, 2009, excluding the
appendices.
(154) The following plan was submitted February 28, 2011, by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials.
(A) Arizona Department of Environmental Quality.
(1) Arizona State Implementation Plan, Regional Haze Under Section
308 of the Federal Regional Haze Rule: Appendix D, Arizona BART--
Supplemental Information:
(i) Table 1.1--NOX BART, entry for AEPCO [Apache], ST1
[Unit 1] only.
(ii) Table 1.2--PM10 BART, entries for AEPCO [Apache],
APS Cholla Power Plant and SRP Coronado Generating Station.
(iii) Table 1.3--SO2 BART, entries for AEPCO, APS Cholla
Power Plant and SRP Coronado Generating Station.
(2) Arizona State Implementation Plan, Regional Haze Under Section
308 of the Federal Regional Haze Rule (January 2011), excluding:
(i) Chapter 6: table 6.1; chapter 10: sections 10.4, 10.6 (regarding
Unit I4 at the Irvington (Sundt) Generating Station), 10.7, and 10.8;
chapter 11; chapter 12: sections 12.7.3 (``Emission Limitation and
Schedules of Compliance'') and 12.7.6 (``Enforceability of Arizona's
Measures''); and chapter 13: section 13.2.3 (``Arizona and Other State
Emission Reductions Obligations'');
(ii) Appendix D: chapter I; chapter V (regarding Unit I4 at the
Irvington (Sundt) Generating Station); chapter VI, sections C and D;
chapter VII; chapter IX; chapter X, section E.1; chapter XI, section D;
chapter XII, sections B and C; chapter XIII, sections B, C, and D; and
chapter XIV, section D; and
(iii) Appendix E.
(155) The following plan was submitted on November 6, 2009 by the
Governor's designee.
(i) Incorporation by reference.
(A) Arizona Department of Environmental Quality.
(1) Affidavit by Efrem K. Sepulveda, Law Librarian, Arizona State
Library, Archives and Public Records, certifying authenticity of
reproduction of A.R.S. Sec. 49-542 (2008 edition) plus title page to
pocket part of Title 49 (2008 edition), signed January 11, 2013.
(2) Arizona Revised Statutes (Thomson West, 2008 Cumulative Pocket
Part): Title 49 (the environment), section 49-542 (``Emissions
inspection program; powers and duties of director; administration;
periodic inspection; minimum standards and rules; exceptions;
definition'').
(ii) Additional materials.
(A) Arizona Department of Environmental Quality.
(1) Final Arizona State Implementation Plan Revision, Exemption of
Motorcycles from Vehicle Emissions Inspections and Maintenance Program
Requirements in Area A (October 2009), adopted by the Arizona Department
of Environmental Quality on November 6, 2009, excluding appendices A and
C.
[[Page 151]]
(156) The following plan was submitted on January 11, 2011 by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials.
(A) Arizona Department of Environmental Quality.
(1) Final Addendum to the Arizona State Implementation Plan
Revision, Exemption of Motorcycles from Vehicle Emissions Inspections
and Maintenance Program Requirements in Area A, October 2009 (December
2010), adopted by the Arizona Department of Environmental Quality on
January 11, 2011.
(157) The following plan was submitted on May 25, 2012 by the
Governor's designee.
(i) Incorporation by reference.
(A) Arizona Department of Environmental Quality.
(1) Affidavit by Barbara Howe, Law Reference Librarian, Arizona
State Library, Archives and Public Records, certifying authenticity of
reproduction of Arizona Revised Statutes Sec. 49-451 (sic) (corrected to
Sec. 49-541) (2001 pocket part), signed May 3, 2012.
(2) Arizona Revised Statutes (West Group, 2001 Cumulative Pocket
Part): title 49 (the environment), section 49-541 (``Definitions''),
subsection 1 [Definition of Area A].
(3) Arizona Revised Statutes (Thomson/West, 2008): Title 9 (cities
and towns), chapter 4 (general powers), article 8 (miscellaneous),
section 9-500.04 (``Air quality control; definitions''), excluding
paragraphs A.1, A.2, A.4, and A.10; paragraphs B through G; and
paragraph I.
(4) Arizona Revised Statutes (West, 2012): Title 11 (counties),
chapter 6 (county planning and zoning), article 6 (air quality), section
11-877 (``Air quality control measures'').
(5) Arizona Revised Statutes (Thomson/West, 2005 main volume, 2012
Cumulative Pocket Part):
(i) Title 49 (the environment), chapter 3 (air quality), article 2
(state air pollution control), section 49-457.01 (``Leaf blower use
restrictions and training; leaf blowers equipment sellers; informational
material; outreach; applicability''); and
(ii) Title 49 (the environment), chapter 3 (air quality), article 3
(county air pollution control), sections 49-474.01 (``Additional board
duties in vehicle emissions control areas; definitions''), excluding
paragraphs A.1 through A.3, A.9, A.10, paragraphs C through G, and
paragraph I; 49-474.05 (``Dust control; training; site coordinators'');
and 49-474.06 (``Dust control; subcontractor registration; fee'').
(6) Arizona Revised Statutes (Thomson/West, 2008): Title 9 (cities
and towns), chapter 4 (general powers), article 8 (miscellaneous),
section 9-500.27 (``Off-road vehicle ordinance; applicability;
violation; classification''), excluding paragraphs D and E.
(7) Arizona Revised Statutes (West, 2012): Title 11 (counties),
chapter 6 (county planning and zoning), article 6 (air quality), section
11-871 (``Emissions control; no burn; exemptions; penalty''), excluding
paragraphs C through E.
(8) Arizona Revised Statutes (West, 2012): Title 28
(transportation), chapter 3 (traffic and vehicle regulation), article 18
(vehicle size, weight and load), section 28-1098 (``Vehicle loads;
restrictions; civil penalties''), excluding paragraphs B and C.
(9) Arizona Revised Statutes (West, 2012 Cumulative Pocket Part):
(i) Title 49 (the environment), chapter 3 (air quality), article 2
(state air pollution control), sections 49-457.03 (``Off-road vehicles;
pollution advisory days; applicability; penalties''), excluding
paragraphs C and D; and 49-457.04 (``Off-highway vehicle and all-terrain
vehicle dealers; informational material; outreach; applicability''); and
(ii) Title 49 (the environment), chapter 3 (air quality), article 3
(county air pollution control), section 49-501 (``Unlawful open burning;
exceptions; civil penalty; definition''), excluding paragraph A.1,
paragraphs B.2 through B.6, and paragraphs D, E, G, and H.
(10) Arizona Revised Statutes (West, 2012 Cumulative Pocket Part):
Title 49 (the environment), chapter 3 (air quality), article 2 (state
air pollution control), section 49-457.05 (``Dust action general permit;
best management practices; applicability; definitions''), excluding
paragraph C and paragraphs E, F, G, and H.
(11) Arizona Department of Environmental Quality, Air Quality
Division, Dust Action General Permit, including
[[Page 152]]
attachments A, B, and C, issued December 30, 2011.
(158) The following plan was submitted May 3, 2013, by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials.
(A) Arizona Department of Environmental Quality (ADEQ).
(1) Arizona State Implementation Plan Revision, Regional Haze Under
Section 308 of the Federal Regional Haze Rule (May 2013), excluding:
(i) Chapter 10, section 10.7 (regarding ASARCO Hayden Smelter
(PM10 emissions) and Chemical Lime Company--Nelson Lime
Plant);
(ii) Chapter 11, except subsection 11.3.1(3) (``Focus on
SO2 and NOX pollutants'');
(iii) Appendix D: chapter I, except for the footnotes in tables 1.1,
1.2 and 1.3 to the entries for AEPCO [Apache], and the entry in table
1.2 for Freeport-McMoRan Miami Smelter; chapter VI, section C (regarding
PM10 emissions from ASARCO Hayden smelter); chapter XII,
section C, and chapter XIII, subsection D; and
(iv) Appendix E.
(159) The following plan was submitted on January 23, 2012 by the
Governor's Designee.
(i) [Reserved]
(ii) Additional Materials.
(A) Arizona Department of Environmental Quality
(1) Final Update of the Limited Maintenance Plan for the Payson
PM10 Maintenance Area (December 2011), adopted by the Arizona
Department of Environmental Quality on January 23, 2012.
[37 FR 10849, May 31, 1972]
Editorial Note: For Federal Register citations affecting
Sec. 52.120, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
Effective Date Note: At 79 FR 33115, June 10, 2014, Sec. 52.120 was
amended by adding paragraphs (c)(157)(ii)(A)(1) and (2), effective July
10, 2014. For the convenience of the user, the added text is set forth
as follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
(157) * * *
(i) * * *
(ii) Additional materials.
(A) Arizona Department of Environmental Quality.
(1) 2012 Five Percent Plan for PM-10 for the Maricopa County
Nonattainment Area, and Appendices Volume One and Volume Two, adopted
May 23, 2012.
(2) 2012 Five Percent Plan for PM-10 for the Pinal County Township 1
North, Range 8 East Nonattainment Area, adopted May 25, 2012.
* * * * *
Sec. 52.121 Classification of regions.
The Arizona plan is evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Classifications
AQCR (constituent counties) -------------------------------------------------
PM SOX NO2 CO O3
----------------------------------------------------------------------------------------------------------------
Maricopa Intrastate (Maricopa)................................ I III III I I
Pima Intrastate (Pima)........................................ I II III III I
Northern Arizona Intrastate (Apache, Coconino, Navajo, I III III III III
Yavapai).....................................................
Mohave-Yuma Intrastate (Mohave, Yuma)......................... I III III III III
Central Arizona Intrastate (Gila, Pinal)...................... I IA III III III
Southeast Arizona Intrastate (Cochise, Graham, Greenlee, Santa I IA III III III
Cruz)........................................................
----------------------------------------------------------------------------------------------------------------
[45 FR 67345, Oct. 10, 1980]
Sec. 52.122 Negative declarations.
(a) The following air pollution control districts submitted negative
declarations for volatile organic compound source categories to satisfy
the requirements of section 182 of the Clean Air Act, as amended. The
following negative declarations are approved as additional information
to the State Implementation Plan.
[[Page 153]]
(1) Maricopa County Environmental Services Department.
(i) Refinery Sources (Refinery Process Turnarounds), Automobile and
Light Duty Trucks, Magnet Wire, Flatwood Paneling, Pharmaceuticals and
Cosmetic Manufacturing Operations, Rubber Tire Manufacturing, Polymer
Manufacturing, Industrial Wastewater, Ship Building and Repair,
Synthetic Organic Chemical Manufacturing Industry (SOCMI) Batch
Processing, SOCMI Reactors, and SOCMI Distillation were adopted on April
26, 2000 and submitted on December 14, 2000.
(ii) Fiberglass Boat Manufacturing was adopted on March 24, 2004 and
submitted on April 21, 2004.
(b) [Reserved]
[67 FR 54743, Aug. 26, 2002, as amended at 70 FR 7041, Feb. 10, 2005]
Sec. 52.123 Approval status.
(a) With the exceptions set forth in this subpart, the Administrator
approved Arizona's plan for the attainment of the national standards.
(b) With the exception set forth in Secs. 52.130 and 52.135, the
Administrator approves the inspection and maintenance (I/M) program for
motor vehicles; the carpool matching program; certain transit
improvements; and certain traffic flow improvement and site-specific
traffic control measures.
(c) With the exceptions set forth in this subpart, the Administrator
approves the plan with respect to Part D, Title I of the Clean Air Act,
as amended in 1977, for the nonattainment areas listed in this
paragraph.
(1) For TSP, the portion of the Tucson TSP Air Planning Area falling
both within the area described by connecting the geographic points in
the order listed below in this paragraph and within the townships and
sections described below in this paragraph:
Latitude 3238.5 N, Longitude 11124.0 W
Latitude 3226.5 N, Longitude 11047.5 W
Latitude 3212.5 N, Longitude 11032.5 W
Latitude 3149.5 N, Longitude 11025.5 W
Latitude 3142.0 N, Longitude 11050.5 W
Latitude 3152.5 N, Longitude 11112.5 W
Latitude 3124.5 N, Longitude 11129.0 W
(and return to initial point)
T9S, R9-11E
T10S, R9-13E
T13S, R13E: sections 5, 8-10, 13-17, 20-28, 33-36, 6 (NE and SE quarters
only) and 7 (NE and SE quarters only)
T13S, R14E: sections 19-21, 26-35
T14S, R13E: sections 1-3, 10-14, 23-25
T14S, R14E: sections 3-9, 17-19, 30
T17S, R19E
T18S, R19E
T20S, R14-15E
(d) With the exceptions set forth in this subpart, the Administrator
approves the plan with respect to Part D, Title I of the Clean Air Act,
as amended in 1977, for the nonattainment areas listed in this
paragraph. In addition, continued satisfaction of the requirements of
Part D for the ozone portion of the State Implementation Plan (SIP)
depends on the adoption and submittal by January 1, 1981, of reasonably
available control technology (RACT) requirements for sources covered by
Control Technique Guidelines (CTG's) published between January 1978 and
January 1979.
(1) Maricopa County Urban Planning Area for O3.
(e) The Administrator finds that the plan does not satisfy all the
requirements of Part D, Title I, of the Clean Air Act as amended in 1977
for the nonattainment and area pollutants listed in this paragraph.
(1) Maricopa County Urban Planning Area for CO and TSP.
(2) [Reserved]
(3) The following portion of the Tucson TSP Air Planning Area: The
area described by connecting the following geographic points in the
order listed below:
Latitude 3238.5 N, Longitude 11124.0 W
Latitude 3226.5 N, Longitude 11047.5 W
Latitude 3212.5 N, Longitude 11032.5 W
Latitude 3149.5 N, Longitude 11025.5 W
Latitude 3142.0 N, Longitude 11050.5 W
Latitude 3152.5 N, Longitude 11112.5 W
Latitude 3124.5 N, Longitude 11129.0[min] W
(and return to initial point)
Excluding the area within the following townships:
T9S, R9-11E
T10S, R9-13E
T13S, R13E: sections 5, 8-10, 13-17, 20-28, 33-36, 6 (NE and SE quarters
only) and 7 (NE and SE quarters only)
T13S, R14E: sections 19-21, 26-35
T14S, R13E: sections 1-3, 10-14, 23-25
T14S, R14E: sections 3-9, 17-19, 30
T17S, R19E
[[Page 154]]
T18S, R19E
T20S, R14-15E
(f) Maricopa County PM-10 Nonattainment Area (Phoenix Planning
Area). (1) Plan for Attainment of the 24-hour PM-10 Standard--Maricopa
County PM-10 Nonattainment Area (May, 1997) submitted by the Arizona
Department of Environmental Quality on May 7, 1997.
(i) [Reserved]
(ii) The Administrator approves the attainment and reasonable
further progress demonstrations for the Maryvale PM-10 monitoring site
and Salt River PM-10 monitoring site.
(iii) The approvals in paragraphs (f)(1) (i) and (ii) of this
section are applicable only to the plan identified in paragraph (f)(1)
of this section and do not constitute the Administrator's final decision
as to the State's full compliance with the requirements of Clean Air Act
sections 189(a)(1)(C) and 189(b)(1)(B) for RACM and BACM and sections
189(a)(1)(B), 189(b)(1)(A) and 189(c)(1) for attainment and reasonable
further progress.
(g) Pursuant to the Federal planning authority in section 110(c) of
the Clean Air Act, the Administrator finds that the applicable
implementation plan for the Maricopa County ozone nonattainment area
demonstrates the 15 percent VOC rate of progress required under section
182(b)(1)(A)(i).
(h) Pursuant to the federal planning authority in section 110(c) of
the Clean Air Act, the Administrator finds that the applicable
implementation plan for the Maricopa County PM-10 nonattainment area
provides for the implementation of reasonably available control measures
as required by section 189(a)(1)(C) and demonstrates attainment by the
applicable attainment date as required and allowed by sections 172(c)(2)
and 189(a)(1)(B).
(i) The Administrator approves the Maintenance Plan for the Tucson
Air Planning Area submitted by the Arizona Department of Environmental
Quality on October 6, 1997 as meeting requirements if section 175(A) of
the Clean Air Act and the requirements of EPA's Limited Maintenance Plan
option. The Administrator approves the Emissions Inventory contained in
the Maintenance Plan as meeting the requirements of section 172(c)(3) of
the Clean Air Act.
(j) The Administrator is approving the following elements of the
Metropolitan Phoenix PM-10 Nonattainment Area Serious Area PM-10 Plan as
contained in Revised Maricopa Association of Governments 1999 Serious
Area Particulate Plan for PM-10 for the Maricopa County Nonattainment
Area, February 2000, submitted February 16, 2000 and Maricopa County PM-
10 Serious Area State Implementation Plan Revision, Agricultural Best
Management Practices (BMP), ADEQ, June 2000, submitted on June 13, 2001:
(1) 1994 Base year emission inventory pursuant to Clean Air Act
section 172(c)(3).
(2) The Provisions for implementing on all significant source
categories reasonably available control measures (except for
agricultural sources) and best available control measures for the annual
and 24-hour PM-10 NAAQS pursuant to section Clean Air Act sections
189(a)(1)(c) and 189(b)(1)(b)).
(3) The demonstration of the impracticability of attainment by
December 31, 2001 for the annual and 24-hour PM-10 NAAQS pursuant to
Clean Air Act section 189(b)(1)(A)(ii).
(4) The demonstration of attainment by the most expeditious
alternative date practicable for the annual and 24-hour PM-10 NAAQS
pursuant to Clean Air Act section 189(b)(1)(A)(ii).
(5) The demonstration of reasonable further progress for the annual
and 24-hour PM-10 NAAQS pursuant to Clean Air Act section 172(c)(2).
(6) The quantitative milestones for the annual and 24-hour PM-10
NAAQS pursuant to Clean Air Act section 189(c).
(7) The inclusion of the most stringent measures for the annual and
24-hour PM-10 NAAQS pursuant to Clean Air Act section 188(e).
(8) The demonstration that major sources of PM-10 precursors do not
contribute significantly to violations for the annual and 24-hour PM-10
NAAQS pursuant to Clean Air Act section 189(e).
(9) The contingency measures for the annual and 24-hour PM-10 NAAQS
pursuant to Clean Air Act section 172(c)(9).
[[Page 155]]
(10) The transportation conformity budget for the annual and 24-hour
PM-10 NAAQS pursuant to Clean Air Act section 176(c).
(11) The provisions for assuring adequate resources, personnel, and
legal authority to carry out the plan for the annual and 24-hour PM-10
NAAQS pursuant to Clean Air Act section 110(a)(2)(E)(i).
(k) The Administrator approves the revised Enhanced Vehicle
Inspection and Maintenance Program for the Maricopa County carbon
monoxide and ozone nonattainment area submitted by the Arizona
Department of Environmental Quality on July 6, 2001 and April 10, 2002
as meeting the requirements of Clean Air Act sections 182(c)(3) and
187(a)(6) and the requirements for high enhanced inspection and
maintenance programs contained in 40 CFR part 51, subpart S.
(l) 1997 8-hour ozone NAAQS: The SIPs submitted on May 24, 2007,
October 14, 2009 and August 24, 2012 are fully or partially disapproved
for Clean Air Act (CAA) elements 110(a)(2)(C), (D)(i)(II) (interfere
with measures in any other state to protect visibility), (D)(ii), (J)
and (K) for all portions of the Arizona SIP; for CAA element
110(a)(2)(E)(ii) for the Maricopa County, Pima County, and Pinal County
portions of the Arizona SIP; and for CAA element 110(a)(2)(F) for the
Pima County portion of the Arizona SIP.
(m) 1997 PM2.5 NAAQS: The SIPs submitted on May 24, 2007, October
14, 2009 and August 24, 2012 are fully or partially disapproved for
Clean Air Act (CAA) elements 110(a)(2)(C), (D)(i)(II) (interfere with
measures in any other state to protect visibility), (D)(ii), (J) and (K)
for all portions of the Arizona SIP; for CAA element 110(a)(2)(E)(ii)
for the Maricopa County, Pima County, and Pinal County portions of the
Arizona SIP; and for CAA element 110(a)(2)(F) for the Pima County
portion of the Arizona SIP.
(n) 2006 PM2.5 NAAQS: The SIPs submitted on October 14, 2009 and
August 24, 2012 are fully or partially disapproved for Clean Air Act
(CAA) elements 110(a)(2)(C), (D)(i)(II) (interfere with measures in any
other state to prevent significant deterioration of air quality or to
protect visibility), (D)(ii), (J) and (K) for all portions of the
Arizona SIP; for CAA element 110(a)(2)(E)(ii) for the Maricopa County,
Pima County, and Pinal County portions of the Arizona SIP; and for CAA
element 110(a)(2)(F) for the Pima County portion of the Arizona SIP.
[38 FR 33373, Dec. 3, 1973, as amended at 48 FR 254, Jan. 4, 1983; 51 FR
3336, Jan. 27, 1986; 51 FR 33750, Sept. 23, 1986; 62 FR 41864, Aug. 4,
1997; 63 FR 28904, May 27, 1998; 63 FR 41350, Aug. 3, 1998; 65 FR 36358,
June 8, 2000; 67 FR 48739, July 25, 2002; 68 FR 2914, Jan. 22, 2003; 77
FR 66404, Nov. 5, 2012; 78 FR 46175, July 30, 2013]
Sec. 52.124 Part D disapproval.
(a) The following portions of the Arizona SIP are disapproved
because they do not meet the requirements of Part D of the Clean Air
Act.
(1) The attainment demonstration, conformity and contingency
portions of the 1987 Maricopa Association of Governments Carbon Monoxide
Plan and 1988 Addendum.
(2) [Reserved]
(b)-(c) [Reserved]
[56 FR 5478, Feb. 11, 1991, as amended at 62 FR 41864, Aug. 4, 1997; 63
FR 41350, Aug. 3, 1998; 65 FR 36358, June 8, 2000; 67 FR 48739, July 25,
2002]
Sec. 52.125 Control strategy and regulations: Sulfur oxides.
(a)(1) The requirements of subpart G of this chapter are not met
since the control strategy does not analyze the impact of smelter
fugitive emissions on ambient air quality (except at Hayden, Arizona) in
the Central Arizona Intrastate, the Pima Intrastate, and the Southeast
Arizona Intrastate (Cochise and Greenlee counties) Regions. Arizona must
submit these smelter fugitive emissions control strategies to EPA by
August 1, 1984. In addition, the requirements of Sec. 51.281 of this
chapter are not met since the plan does not require permanent control of
fugitive smelter emissions necessary to attain and maintain the national
standards for sulfur oxides. The control strategy for Hayden shows that
these controls are required to attain and maintain the national
standards, and the fugitive control strategy analyses required above may
show that they are required for some or all of the other smelter
[[Page 156]]
towns in Arizona. Arizona must submit all fugitive emissions control
regulations necessary to attain and maintain the national standards for
sulfur oxides to EPA by August 1, 1984. Therefore, the control
strategies and regulations for the six smelter areas in the Central
Arizona Intrastate, the Pima Intrastate and the Southeast Arizona
Intrastate (Cochise and Greenlee counties) Regions are incomplete due to
Arizona's failure to address the fugitive emissions problems at copper
smelters.
(2) Regulation 7-1-4.1 (copper smelters) of the Arizona Rules and
Regulations for Air Pollution Control, as it pertains to existing copper
smelters, is disapproved for the Central Arizona Intrastate, Pima
Intrastate and Southeast Arizona Intrastate (Cochise and Greenlee
counties) Regions.
(b) The requirements of subpart G and Sec. 51.281 of this chapter
are not met since the plan does not provide the degree of control
necessary to attain and maintain the national standards for sulfur
oxides in the Northern Arizona Intrastate Region. Therefore, Regulation
7-1-4.2(C) (fuel burning installations) of the Arizona Rules and
Regulations for Air Pollution Control, as it pertains to existing
sources, is disapproved in the Northern Arizona Intrastate Region for
steam power generating installations having a total rated capacity equal
to or greater than 6,500 million B.t.u. per hour.
(c) Replacement regulation for Regulation 7-1-4.2(C) (Fossil fuel-
fired steam generators in the Northern Arizona Intrastate Region). (1)
This paragraph is applicable to the fossil fuel-fired steam generating
equipment designated as Units 1, 2, and 3 at the Navajo Power Plant in
the Northern Arizona Intrastate Region (Sec. 81.270 of this chapter).
(2) No owner or operator of the fossil fuel-fired steam generating
equipment to which this paragraph is applicable shall discharge or cause
the discharge of sulfur oxides into the atmosphere in excess of the
amount prescribed by the following equations:
E = 12,245 S or e = 1,540 S
Where:
E = Allowable sulfur oxides emissions (lb./hr.) from all affected units.
e = Allowable sulfur oxides emissions (gm./sec.) from all affected
units.
S = Sulfur content, in percent by weight, prior to any pretreatment of
the fuel being burned.
(3) For the purposes of this paragraph:
(i) E shall not exceed 21,270 lb./hr. (2,680 gm./sec.).
(ii) If the sum of sulfur oxides emissions from Units 1, 2, and 3
would be less than 3,780 lb./hr. (475 gm./sec.) without the use of
emission control equipment, the requirements of paragraphs (2), (4)(i)
and (5) of this paragraph (c), shall not apply for the period of time
that the emissions remain below this level.
(iii) The applicability of paragraph (c)(2)(ii) of this section may
be determined through a sulfur balance utilizing the analyzed sulfur
content of the fuel being burned and the total rate of fuel consumption
in all affected units.
(4)(i) No owner or operator of the fossil fuel-fired steam
generating equipment subject to this paragraph shall discharge or cause
the discharge of sulfur oxides into the atmosphere from any affected
unit in excess of the amount prescribed by the following equations,
except as provided in paragraph (3)(ii) of this paragraph (c).
E1 = 0.333 E or e1 = 0.333 e
Where:
E = Allowable sulfur oxides emissions (lb./hr.) from all affected units
as determined pursuant to paragraph (2) of this paragraph.
e = Allowable sulfur oxides emissions (gm./sec.) from all affected units
as determined pursuant to paragraph (2) of this paragraph (c).
E1 = Allowable sulfur oxides emissions (lb./hr.) from each
affected unit.
e1 = Allowable sulfur oxides emissions (gm./sec.) from each
affected unit.
(ii) The owner or operator of the fossil fuel-fired steam generating
equipment to which this paragraph is applicable may submit a request to
redesignate the allowable emissions specified in paragraph (c)(4)(i) of
this section. Such a request shall be submitted no later than December
2, 1974, and shall demonstrate that sulfur oxides emissions on a total
plant basis will not exceed those specified in paragraphs (2) and (3)(i)
of this paragraph (c). Upon receipt and evaluation of such request,
[[Page 157]]
the Administrator shall consider such and if appropriate, redesignate
the allowable emissions specified in paragraph (c)(4)(i) of this
section.
(5) All sulfur oxides control equipment at the fossil fuel-fired
steam generating equipment to which this paragraph is applicable shall
be operated at the maximum practicable efficiency at all times, without
regard to the allowable sulfur oxides emissions, determined according to
paragraph (2) or (3) of this paragraph (c), except as provided in
paragraph (3)(ii) of this paragraph (c).
(6) Compliance with this paragraph shall be in accordance with the
provisions of Sec. 52.134(a).
(7) The test methods and procedures used to determine compliance
with this paragraph shall be those prescribed in Sec. 60.46(c)(2) and
(c)(4) of this chapter. The test methods for determining the sulfur
content of fuel shall be those specified in Sec. 60.45(c) and (d) of
this chapter.
(d)-(e) [Reserved]
(f)(1) Paragraphs B through E of regulation 7-1-4.2 (R9-3-402)
(Sulfur Emissions: Fuel Burning Installations) of the Arizona Air
Pollution Control Regulations are disapproved because they could allow
existing oil fired facilities to use dispersion dependent techniques
alone as a means of attaining and maintaining the national ambient air
quality standards. The regulation does not assure the attainment and
maintenance of the national standards in a manner which is consistent
with the intent of sections 110(a)(2)(B) and 123(a)(2) of the Clean Air
Act.
(2) The approval of paragraphs A and F of regulation 7-1-4.2 as to
coal fired facilities does not apply to the Salt River Project
Agricultural Improvement and Power District-Navajo Generating Station.
(3) Paragraphs B through E of regulation 8-1-4.2 (Sulfur Emissions--
Fuel Burning Installations) of the Yuma County Air Pollution Control
Regulations are disapproved because they could allow existing facilities
to use dispersion dependent techniques alone as a means of attaining and
maintaining the National Ambient Air Quality Standards. This regulation
does not assure the attainment and maintenance of the national standards
in a manner which is consistent with the intent of sections
110(a)(2)(B)and 123(a)(2) of the Clean Air Act.
(g) Section 3, Regulation 3 (Sulfur from Primary Copper Smelters) of
the Mohave County Health Department Air Pollution Control Regulations
and Regulation 7-3-2.1 (Copper Smelters) of the Pinal-Gila Counties Air
Quality Control District are disapproved since Section 36-1706 of the
Arizona Revised Statutes grants exclusive jurisdiction to the Arizona
Department of Health Services and the State Hearing Board over all
existing copper smelters.
(1) The requirements of Sec. 51.13 of this chapter are not met since
the plan does not demonstrate that the emission limitations applicable
to existing fuel burning equipment producing electrical energy will
provide for the attainment and maintenance of the national standards in
the Pima Intrastate Region (Sec. 81.269 of this chapter).
(2) Regulation II: Rule 7A--paragraphs 2 through 5, Emission
Limitations Fuel Burning Equipment--Sulfur Dioxide, of the Rules and
Regulations of the Pima County Air Pollution Control District are
disapproved because they could allow existing facilities to use
dispersion dependent techniques along as a means of attaining and
maintaining the National Ambient Air Quality Standards. The regulation
does not assure the attainment and maintenance of the national standards
in a manner which is consistent with the intent of section 110(a)(2)(B)
of the Clean Air Act.
[37 FR 15081, July 27, 1972]
Editorial Note: For Federal Register citations affecting
Sec. 52.125, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
Sec. 52.126 Control strategy and regulations: Particulate matter.
(a) The requirements of subpart G and Sec. 51.281 of this chapter
are not met since the plan does not provide the degree of control
necessary to attain and maintain the national standards for particulate
matter in Gila, Maricopa, Pima, Pinal, and Santa Cruz Counties.
Therefore, Regulation 7-1-3.6 (process industries) of the Arizona Rules
and
[[Page 158]]
Regulations for Air Pollution Control is disapproved for Gila, Maricopa,
Pima, Pinal, and Santa Cruz Counties.
(b) Replacement regulation for Regulation 7-1-3.6 of the Arizona
Rules and Regulations for Air Pollution Control (Gila, Maricopa, Pima,
Pinal, and Santa Cruz Counties). (1) No owner or operator of any
stationary process source in Gila, Maricopa, Pima, Pinal, or Santa Cruz
County shall discharge or cause the discharge of particulate matter into
the atmosphere in excess of the hourly rate shown in the following table
for the process weight rate identified for such source:
[In pounds per hour]
------------------------------------------------------------------------
Process
Process weight rate Emission weight Emission
rate rate rate
------------------------------------------------------------------------
50..................................... 0.36 60,000 29.60
100.................................... 0.55 80,000 31.19
500.................................... 1.53 120,000 33.28
1,000.................................. 2.25 160,000 34.85
5,000.................................. 6.34 200,000 36.11
10,000................................. 9.73 400,000 40.35
20,000................................. 14.99 1,000,000 46.72
------------------------------------------------------------------------
(2) Paragraph (b)(1) of this section shall not apply to
incinerators, fuel burning installations, or Portland cement plants
having a process weight rate in excess of 250,000 lb/h.
(3) No owner or operator of a Portland cement plant in Gila,
Maricopa, Pima, Pinal, or Santa Cruz County with a process weight rate
in excess of 250,000 lb/hr shall discharge or cause the discharge of
particulate matter into the atmosphere in excess of the amount specified
in Sec. 60.62 of this chapter.
(4) Compliance with this paragraph shall be in accordance with the
provisions of Sec. 52.134(a).
(5) The test methods and procedures used to determine compliance
with this paragraph are set forth below. The methods referenced are
contained in the appendix to part 60 of this chapter. Equivalent methods
and procedures may be used if approved by the Administrator.
(i) For each sampling repetition, the average concentration of
particulate matter shall be determined by using method 5. Traversing
during sampling by method 5 shall be according to method 1. The minimum
sampling time shall be 2 hours and the minimum sampling volume shall be
60 ft\3\ (1.70 m\3\), corrected to standard conditions on a dry basis.
(ii) The volumetric flow rate of the total effluent shall be
determined by using method 2 and traversing according to method 1. Gas
analysis shall be performed using the integrated sample technique of
method 3, and moisture content shall be determined by the condenser
technique of method 4.
(iii) All tests shall be conducted while the source is operating at
the maximum production or combustion rate at which such source will be
operated. During the tests, the source shall burn fuels or combinations
of fuels, use raw materials, and maintain process conditions
representative of normal operation, and shall operate under such other
relevant conditions as the Administrator shall specify.
(c) The requirements of Sec. 51.281 of this chapter are not met
since the plan does not contain regulations for Mohave and Yuma Counties
in the Mohave-Yuma Intrastate Region or Pinal-Gila Counties in the
Central Arizona Intrastate Region which provide enforceable and
reproducible test procedures for the determination of compliance with
the emission standards. Therefore paragraph C of section 3, regulation 2
(Particulates: Other Sources) of the Mohave County Air Pollution Control
Regulations, paragraph B of regulation 8-1-3.6 (Particulates--Process
Industries) of the Yuma County Air Pollution Control Regulations, and
paragraph C of regulation 7-3-1.4 (Particulate Emissions--Incineration)
and paragraph F of regulation 7-3-1.7 (Particulate Emissions--Fuel
Burning Equipment) of the Rules and Regulations for Pinal-Gila Counties
Air Quality Control District are disapproved.
[37 FR 15081, July 27, 1972, as amended at 38 FR 12704, May 14, 1973; 43
FR 53034, Nov. 15, 1978; 45 FR 67346, Oct. 10, 1980; 51 FR 40676, 40677,
Nov. 7, 1986]
Sec. 52.128 Rule for unpaved parking lots, unpaved roads and vacant lots.
(a) General--(1) Purpose. The purpose of this section is to limit
the emissions of particulate matter into the ambient air from human
activity on unpaved parking lots, unpaved roads and vacant lots.
[[Page 159]]
(2) Applicability. The provisions of this section shall apply to
owners/operators of unpaved roads, unpaved parking lots and vacant lots
and responsible parties for weed abatement on vacant lots in the Phoenix
PM-10 nonattainment area. This section does not apply to unpaved roads,
unpaved parking lots or vacant lots located on an industrial facility,
construction, or earth-moving site that has an approved permit issued by
Maricopa County Environmental Services Division under Rule 200, Section
305, Rule 210 or Rule 220 containing a Dust Control Plan approved under
Rule 310 covering all unpaved parking lots, unpaved roads and vacant
lots. This section does not apply to the two Indian Reservations (the
Salt River Pima-Maricopa Indian Community and the Fort McDowell Mojave-
Apache Indian Community) and a portion of a third reservation (the Gila
River Indian Community) in the Phoenix PM-10 nonattainment area. Nothing
in this definition shall preclude applicability of this section to
vacant lots with disturbed surface areas due to construction, earth-
moving, weed abatement or other dust generating operations which have
been terminated for over eight months.
(3) The test methods described in Appendix A of this section shall
be used when testing is necessary to determine whether a surface has
been stabilized as defined in paragraph (b)(16) of this section.
(b) Definitions--(1) Average daily trips (ADT). The average number
of vehicles that cross a given surface during a specified 24-hour time
period as determined by the Institute of Transportation Engineers Trip
Generation Report (6th edition, 1997) or tube counts.
(2) Chemical/organic stabilizer--Any non-toxic chemical or organic
dust suppressant other than water which meets any specifications,
criteria, or tests required by any federal, state, or local water agency
and is not prohibited for use by any applicable law, rule or regulation.
(3) Disturbed surface area--Any portion of the earth's surface, or
materials placed thereon, which has been physically moved, uncovered,
destabilized, or otherwise modified from its undisturbed natural
condition, thereby increasing the potential for emission of fugitive
dust.
(4) Dust suppressants--Water, hygroscopic materials, solution of
water and chemical surfactant, foam, or non-toxic chemical/organic
stabilizers not prohibited for use by any applicable law, rule or
regulation, as a treatment material to reduce fugitive dust emissions.
(5) EPA--United States Environmental Protection Agency, Region IX,
75 Hawthorne Street, San Francisco, California 94105.
(6) Fugitive dust--The particulate matter entrained in the ambient
air which is caused from man-made and natural activities such as, but
not limited to, movement of soil, vehicles, equipment, blasting, and
wind. This excludes particulate matter emitted directly from the exhaust
of motor vehicles and other internal combustion engines, from portable
brazing, soldering, or welding equipment, and from piledrivers.
(7) Lot--A parcel of land identified on a final or parcel map
recorded in the office of the Maricopa County recorder with a separate
and distinct number or letter.
(8) Low use unpaved parking lot--A lot on which vehicles are parked
no more than thirty-five (35) days a year, excluding days where the
exemption in paragraph (c)(2) of this section applies.
(9) Motor vehicle--A self-propelled vehicle for use on the public
roads and highways of the State of Arizona and required to be registered
under the Arizona State Uniform Motor Vehicle Act, including any non-
motorized attachments, such as, but not limited to, trailers or other
conveyances which are connected to or propelled by the actual motorized
portion of the vehicle.
(10) Off-road motor vehicle--any wheeled vehicle which is used off
paved roadways and includes but is not limited to the following:
(i) Any motor cycle or motor-driven cycle;
(ii) Any motor vehicle commonly referred to as a sand buggy, dune
buggy, or all terrain vehicle.
(11) Owner/operator--any person who owns, leases, operates,
controls, maintains or supervises a fugitive dust
[[Page 160]]
source subject to the requirements of this section.
(12) Paving--Applying asphalt, recycled asphalt, concrete, or
asphaltic concrete to a roadway surface.
(13) Phoenix PM-10 nonattainment area--such area as defined in 40
CFR 81.303, excluding Apache Junction.
(14) PM-10--Particulate matter with an aerodynamic diameter less
than or equal to a nominal 10 micrometers as measured by reference or
equivalent methods that meet the requirements specified for PM-10 in 40
CFR part 50, Appendix J.
(15) Reasonably available control measures (RACM)--Techniques used
to prevent the emission and/or airborne transport of fugitive dust and
dirt.
(16) Stabilized surface--(i) Any unpaved road or unpaved parking lot
surface where:
(A) Any fugitive dust plume emanating from vehicular movement does
not exceed 20 percent opacity as determined in section I.A of Appendix A
of this section; and
(B) Silt loading (weight of silt per unit area) is less than 0.33
ounces per square foot as determined by the test method in section I.B
of Appendix A of this section OR where silt loading is greater than or
equal to 0.33 ounces per square foot and silt content does not exceed
six (6) percent for unpaved road surfaces or eight (8) percent for
unpaved parking lot surfaces as determined by the test method in section
I.B of Appendix A of this section.
(ii) Any vacant lot surface with:
(A) A visible crust which is sufficient as determined in section
II.1 of Appendix A of this section;
(B) A threshold friction velocity (TFV), corrected for non-erodible
elements, of 100 cm/second or higher as determined in section II.2 of
Appendix A of this section;
(C) Flat vegetation cover equal to at least 50 percent as determined
in section II.3 of Appendix A of this section;
(D) Standing vegetation cover equal to or greater than 30 percent as
determined in section II.4 of Appendix A of this section; or
(E) Standing vegetation cover equal to or greater than 10 percent as
determined in section II.4 of Appendix A of this section where threshold
friction velocity, corrected for non-erodible elements, as determined in
section II.2 of Appendix A of this section is equal to or greater than
43 cm/second.
(17) Unpaved parking lot--A privately or publicly owned or operated
area utilized for parking vehicles that is not paved and is not a Low
use unpaved parking lot.
(18) Unpaved road--Any road, equipment path or driveway used by
motor vehicles or off-road motor vehicles that is not paved which is
open to public access and owned/operated by any federal, state, county,
municipal or other governmental or quasi-governmental agencies.
(19) Urban or suburban open area--An unsubdivided or undeveloped
tract of land adjoining a residential, industrial or commercial area,
located on public or private property.
(20) Vacant lot--A subdivided residential, industrial,
institutional, governmental or commercial lot which contains no approved
or permitted buildings or structures of a temporary or permanent nature.
(c) Exemptions. The following requirements in paragraph (d) of this
section do not apply:
(1) In paragraphs (d)(1), (d)(2) and (d)(4)(iii) of this section:
Any unpaved parking lot or vacant lot 5,000 square feet or less.
(2) In paragraphs (d)(1) and (d)(2) of this section: Any unpaved
parking lot on any day in which ten (10) or fewer vehicles enter.
(3) In paragraphs (d)(4)(i) and (d)(4)(ii) of this section: Any
vacant lot with less than 0.50 acre (21,780 square feet) of disturbed
surface area(s).
(4) In paragraph (d) of this section: Non-routine or emergency
maintenance of flood control channels and water retention basins.
(5) In paragraph (d) of this section: Vehicle test and development
facilities and operations when dust is required to test and validate
design integrity, product quality and/or commercial acceptance. Such
facilities and operations shall be exempted from the provisions of this
section only if such testing is not feasible within enclosed facilities.
[[Page 161]]
(6) In paragraph (d)(4)(i) of this section: Weed abatement
operations performed on any vacant lot or property under the order of a
governing agency for the control of a potential fire hazard or otherwise
unhealthy condition provided that mowing, cutting, or another similar
process is used to maintain weed stubble at least three (3) inches above
the soil surface. This includes the application of herbicides provided
that the clean-up of any debris does not disturb the soil surface.
(7) In paragraph (d)(4)(i) of this section: Weed abatement
operations that receive an approved Earth Moving permit under Maricopa
County Rule 200, Section 305 (adopted 11/15/93).
(d) Requirements--(1) Unpaved parking lots. Any owners/operators of
an unpaved parking lot shall implement one of the following RACM on any
surface area(s) of the lot on which vehicles enter and park.
(i) Pave; or
(ii) Apply chemical/organic stabilizers in sufficient concentration
and frequency to maintain a stabilized surface; or
(iii) Apply and maintain surface gravel uniformly such that the
surface is stabilized; or
(iv) Apply and maintain an alternative control measure such that the
surface is stabilized, provided that the alternative measure is not
prohibited under paragraph (b)(2) or (b)(4) of this section.
(2) Any owners/operators of a low use unpaved parking lot as defined
in paragraph (b)(8) of this section shall implement one of the RACM
under paragraph (d)(1) of this section on any day(s) in which over 100
vehicles enter the lot, such that the surface area(s) on which vehicles
enter and park is/are stabilized throughout the duration of time that
vehicles are parked.
(3) Unpaved roads. Any owners/operators of existing unpaved roads
with ADT volumes of 250 vehicles or greater shall implement one of the
following RACM along the entire surface of the road or road segment that
is located within the Phoenix non-attainment area by June 10, 2000:
(i) Pave; or
(ii) Apply chemical/organic stabilizers in sufficient concentration
and frequency to maintain a stabilized surface; or
(iii) Apply and maintain surface gravel uniformly such that the
surface is stabilized; or
(iv) Apply and maintain an alternative control measure such that the
surface is stabilized, provided that the alternative measure is not
prohibited under paragraph (b)(2) or (b)(4) of this section.
(4) Vacant lots. The following provisions shall be implemented as
applicable.
(i) Weed abatement. No person shall remove vegetation from any
vacant lot by blading, disking, plowing under or any other means without
implementing all of the following RACM to prevent or minimize fugitive
dust.
(A) Apply a dust suppressant(s) to the total surface area subject to
disturbance immediately prior to or during the weed abatement.
(B) Prevent or eliminate material track-out onto paved surfaces and
access points adjoining paved surfaces.
(C) Apply a dust suppressant(s), gravel, compaction or alternative
control measure immediately following weed abatement to the entire
disturbed surface area such that the surface is stabilized.
(ii) Disturbed surfaces. Any owners/operators of an urban or
suburban open area or vacant lot of which any portion has a disturbed
surface area(s) that remain(s) unoccupied, unused, vacant or undeveloped
for more than fifteen (15) calendar days shall implement one of the
following RACM within sixty (60) calendar days following the
disturbance.
(A) Establish ground cover vegetation on all disturbed surface areas
in sufficient quantity to maintain a stabilized surface; or
(B) Apply a dust suppressant(s) to all disturbed surface areas in
sufficient quantity and frequency to maintain a stabilized surface; or
(C) Restore to a natural state, i.e. as existing in or produced by
nature without cultivation or artificial influence, such that all
disturbed surface areas are stabilized; or
(D) Apply and maintain surface gravel uniformly such that all
disturbed surface areas are stabilized; or
[[Page 162]]
(E) Apply and maintain an alternative control measure such that the
surface is stabilized, provided that the alternative measure is not
prohibited under paragraph (b)(2) or (b)(4) of this section.
(iii) Motor vehicle disturbances. Any owners/operators of an urban
or suburban open area or vacant lot of which any portion has a disturbed
surface area due to motor vehicle or off-road motor vehicle use or
parking, notwithstanding weed abatement operations or use or parking by
the owner(s), shall implement one of the following RACM within 60
calendar days following the initial determination of disturbance.
(A) Prevent motor vehicle and off-road motor vehicle trespass/
parking by applying fencing, shrubs, trees, barriers or other effective
measures; or
(B) Apply and maintain surface gravel or chemical/organic stabilizer
uniformly such that all disturbed surface areas are stabilized.
(5) Implementation date of RACM. All of the requirements in
paragraph (d) of this section shall be effective eight (8) months from
September 2, 1998. For requirements in paragraph (d)(4)(ii) and
(d)(4)(iii) of this section, RACM shall be implemented within eight (8)
months from September 2, 1998, or within 60 calendar days following the
disturbance, whichever is later.
(e) Monitoring and records. (1) Any owners/operators that are
subject to the provisions of this section shall compile and retain
records that provide evidence of control measure application, indicating
the type of treatment or measure, extent of coverage and date applied.
For control measures involving chemical/organic stabilization, records
shall also indicate the type of product applied, vendor name, label
instructions for approved usage, and the method, frequency,
concentration and quantity of application.
(2) Copies of control measure records and dust control plans along
with supporting documentation shall be retained for at least three
years.
(3) Agency surveys. (i) EPA or other appropriate entity shall
conduct a survey of the number and size (or length) of unpaved roads,
unpaved parking lots, and vacant lots subject to the provisions of this
section located within the Phoenix PM-10 nonattainment area beginning no
later than 365 days from September 2, 1998.
(ii) EPA or other appropriate entity shall conduct a survey at least
every three years within the Phoenix PM-10 nonattainment area beginning
no later than 365 days from September 2, 1998, which includes:
(A) An estimate of the percentage of unpaved roads, unpaved parking
lots, and vacant lots subject to this section to which RACM as required
in this section have been applied; and
(B) A description of the most frequently applied RACM and estimates
of their control effectiveness.
Appendix A to Sec. 52.128--Test Methods To Determine Whether A Surface
Is Stabilized
I. Unpaved Roads and Unpaved Parking Lots
A. Opacity Observations
Conduct opacity observations in accordance with Reference Method 9
(40 CFR Part 60, appendix A) and Methods 203A and 203C of this appendix,
with opacity readings taken at five second observation intervals and two
consecutive readings per plume beginning with the first reading at zero
seconds, in accordance with Method 203C, sections 2.3.2. and 2.4.2 of
this appendix. Conduct visible opacity tests only on dry unpaved
surfaces (i.e. when the surface is not damp to the touch) and on days
when average wind speeds do not exceed 15 miles per hour (mph).
(i) Method 203A--Visual Determination of Opacity of Emissions From
Stationary Sources for Time-Arranged Regulations
Method 203A is virtually identical to EPA's Method 9 (40 CFR Part 60
Appendix A) except for the data-reduction procedures, which provide for
averaging times other than 6 minutes. That is, using Method 203A with a
6-minute averaging time would be the same as following EPA Method 9 (40
CFR Part 60, Appendix A). Additionally, Method 203A provides procedures
for fugitive dust applications. The certification procedures provided in
section 3 are virtually identical to Method 9 (40 CFR Part 60, Appendix
A) and are provided here, in full, for clarity and convenience.
1. Applicability and Principle
1.1 Applicability. This method is applicable for the determination
of the opacity of emissions from sources of visible emissions for time-
averaged regulations. A time-averaged regulation is any regulation that
requires averaging visible emission data to determine
[[Page 163]]
the opacity of visible emissions over a specific time period.
1.2 Principle. The opacity of emissions from sources of visible
emissions is determined visually by an observer qualified according to
the procedures of section 3.
2. Procedures
An observer qualified in accordance with section 3 of this method
shall use the following procedures for visually determining the opacity
of emissions.
2.1 Procedures for Emissions from Stationary Sources. These
procedures are not applicable to this section.
2.2 Procedures for Fugitive Process Dust Emissions. These procedures
are applicable for the determination of the opacity of fugitive
emissions by a qualified observer. The qualified field observer should
do the following:
2.2.1 Position. Stand at a position at least 5 meters from the
fugitive dust source in order to provide a clear view of the emissions
with the sun oriented in the 140-degree sector to the back. Consistent
as much as possible with maintaining the above requirements, make
opacity observations from a position such that the line of vision is
approximately perpendicular to the plume and wind direction. As much as
possible, if multiple plumes are involved, do not include more than one
plume in the line of sight at one time.
2.2.2 Field Records. Record the name of the plant or site, fugitive
source location, source type [pile, stack industrial process unit,
incinerator, open burning operation activity, material handling
(transfer, loading, sorting, etc.)], method of control used, if any,
observer's name, certification data and affiliation, and a sketch of the
observer's position relative to the fugitive source. Also, record the
time, estimated distance to the fugitive source location, approximate
wind direction, estimated wind speed, description of the sky condition
(presence and color of clouds), observer's position relative to the
fugitive source, and color of the plume and type of background on the
visible emission observation form when opacity readings are initiated
and completed.
2.2.3 Observations. Make opacity observations, to the extent
possible, using a contrasting background that is perpendicular to the
line of vision. For roads, storage piles, and parking lots, make opacity
observations approximately 1 meter above the surface from which the
plume is generated. For other fugitive sources, make opacity
observations at the point of greatest opacity in that portion of the
plume where condensed water vapor is not present. For intermittent
sources, the initial observation should begin immediately after a plume
has been created above the surface involved. Do not look continuously at
the plume but, instead, observe the plume momentarily at 15-second
intervals.
2.3 Recording Observations. Record the opacity observations to the
nearest 5 percent every 15 seconds on an observational record sheet.
Each momentary observation recorded represents the average opacity of
emissions for a 15-second period.
2.4 Data Reduction for Time-Averaged Regulations. A set of
observations is composed of an appropriate number of consecutive
observations determined by the averaging time specified. Divide the
recorded observations into sets of appropriate time lengths for the
specified averaging time. Sets must consist of consecutive observations;
however, observations immediately preceding and following interrupted
observations shall be deemed consecutive. Sets need not be consecutive
in time and in no case shall two sets overlap, resulting in multiple
violations. For each set of observations, calculate the appropriate
average opacity.
3. Qualification and Testing
3.1 Certification Requirements. To receive certification as a
qualified observer, a candidate must be tested and demonstrate the
ability to assign opacity readings in 5 percent increments to 25
different black plumes and 25 different white plumes, with an error not
to exceed 15 percent opacity on any one reading and an average error not
to exceed 7.5 percent opacity in each category. Candidates shall be
tested according to the procedures described in paragraph 3.2. Any smoke
generator used pursuant to paragraph 3.2 shall be equipped with a smoke
meter which meets the requirements of paragraph 3.3. Certification tests
that do not meet the requirements of paragraphs 3.2 and 3.3 are not
valid.
The certification shall be valid for a period of 6 months, and after
each 6-month period, the qualification procedures must be repeated by an
observer in order to retain certification.
3.2 Certification Procedure. The certification test consists of
showing the candidate a complete run of 50 plumes, 25 black plumes and
25 white plumes, generated by a smoke generator. Plumes shall be
presented in random order within each set of 25 black and 25 white
plumes. The candidate assigns an opacity value to each plume and records
the observation on a suitable form. At the completion of each run of 50
readings, the score of the candidate is determined. If a candidate fails
to qualify, the complete run of 50 readings must be repeated in any
retest. The smoke test may be administered as part of a smoke school or
training program, and may be preceded by training or familiarization
runs of the smoke generator during which candidates are shown black and
white plumes of known opacity.
[[Page 164]]
3.3 Smoke Generator Specifications. Any smoke generator used for the
purpose of paragraph 3.2 shall be equipped with a smoke meter installed
to measure opacity across the diameter of the smoke generator stack. The
smoke meter output shall display in-stack opacity, based upon a path
length equal to the stack exit diameter on a full 0 to 100 percent chart
recorder scale. The smoke meter optical design and performance shall
meet the specifications shown in Table A. The smoke meter shall be
calibrated as prescribed in paragraph 3.3.1 prior to conducting each
smoke reading test. At the completion of each test, the zero and span
drift, shall be checked, and if the drift exceeds 1 percent opacity,
the condition shall be corrected prior to conducting any subsequent test
runs. The smoke meter shall be demonstrated at the time of installation
to meet the specifications listed in Table A. This demonstration shall
be repeated following any subsequent repair or replacement of the
photocell or associated electronic circuitry including the chart
recorder or output meter, or every 6 months, whichever occurs first.
3.3.1 Calibration. The smoke meter is calibrated after allowing a
minimum of 30 minutes warm-up by alternately producing simulated opacity
of 0 percent and 100 percent. When stable response at 0 percent or 100
percent is noted, the smoke meter is adjusted to produce an output of 0
percent or 100 percent, as appropriate. This calibration shall be
repeated until stable 0 percent and 100 percent readings are produced
without adjustment. Simulated 0 percent and 100 percent opacity values
may be produced by alternately switching the power to the light source
on and off while the smoke generator is not producing smoke.
3.3.2 Smoke Meter Evaluation. The smoke meter design and performance
are to be evaluated as follows:
3.3.2.1 Light Source. Verify from manufacturer's data and from
voltage measurements made at the lamp, as installed, that the lamp is
operated within 5 percent of the nominal rated voltage.
3.3.2.2 Spectral Response of Photocell. Verify from manufacturer's
data that the photocell has a photopic response; i.e., the spectral
sensitivity of the cell shall closely approximate the standard spectral-
luminosity curve for photopic vision which is referenced in (b) of Table
A.
3.3.2.3 Angle of View. Check construction geometry to ensure that
the total angle of view of the smoke plume, as seen by the photocell,
does not exceed 15 degrees. Calculate the total angle of view as
follows:
[phis]v = 2 tan-1 d/2L
Where:
[phis]v = total angle of view;
d = the photocell diameter + the diameter of the limiting aperture; and
L = distance from the photocell to the limiting aperture.
The limiting aperture is the point in the path between the photocell
and the smoke plume where the angle of view is most restricted. In smoke
generator smoke meters, this is normally an orifice plate.
3.3.2.4 Angle of Projection. Check construction geometry to ensure
that the total angle of projection of the lamp on the smoke plume does
not exceed 15 degrees. Calculate the total angle of projection as
follows:
[phis]p = 2 tan-1 d/2L
Where:
[phis]p = total angle of projection;
d = the sum of the length of the lamp filament + the diameter of the
limiting aperture; and
L = the distance from the lamp to the limiting aperture.
3.3.2.5 Calibration Error. Using neutral-density filters of known
opacity, check the error between the actual response and the theoretical
linear response of the smoke meter. This check is accomplished by first
calibrating the smoke meter according to 3.3.1 and then inserting a
series of three neutral-density filters of nominal opacity of 20, 50,
and 75 percent in the smoke meter path length. Use filters calibrated
within 2 percent. Care should be taken when inserting the filters to
prevent stray light from affecting the meter. Make a total of five
nonconsecutive readings for each filter. The maximum opacity error on
any one reading shall be 3 percent.
3.3.2.6 Zero and Span Drift. Determine the zero and span drift by
calibrating and operating the smoke generator in a normal manner over a
1-hour period. The drift is measured by checking the zero and span at
the end of this period.
3.3.2.7 Response Time. Determine the response time by producing the
series of five simulated 0 percent and 100 percent opacity values and
observing the time required to reach stable response. Opacity values of
0 percent and 100 percent may be simulated by alternately switching the
power to the light source off and on while the smoke generator is not
operating.
4. References
1. U.S. Environmental Protection Agency. Standards of Performance
for New Stationary Sources; appendix A; Method 9 for Visual
Determination of the Opacity of Emissions from Stationary Sources. Final
Rule. 39 FR 219. Washington, DC. U.S. Government Printing Office.
November 12, 1974.
2. Office of Air and Radiation. ``Quality Assurance Guideline for
Visible Emission
[[Page 165]]
Training Programs.'' EPA-600/S4-83-011. Quality Assurance Division.
Research Triangle Park, N.C. May 1982.
3. ``Method 9--Visible Determination of the Opacity of Emissions
from Stationary Sources.'' February 1984. Quality Assurance Handbook for
Air Pollution Measurement Systems. Volume III, section 3.1.2. Stationary
Source Specific Methods. EPA-600-4-77-027b. August 1977. Office of
Research and Development Publications, 26 West Clair Street, Cincinnati,
OH.
4. Office of Air Quality Planning and Standards. ``Opacity Error for
Averaging and Nonaveraging Data Reduction and Reporting Techniques.''
Final Report-SR-1-6-85. Emission Measurement Branch, Research Triangle
Park, N.C. June 1985.
5. The U.S. Environmental Protection Agency. Preparation, Adoption,
and Submittal of State Implementation Plans. Methods for Measurement of
PM10 Emissions from Stationary Sources. Final Rule. Federal
Register. Washington, DC. U.S. Government Printing Office. Volumes 55.
No. 74. pps. 14246-14279. April 17, 1990.
(ii) Method 203C--Visual Determination of Opacity of Emissions From
Stationary Sources for Instantaneous Limitation Regulations
Method 203C is virtually identical to EPA's Method 9 (40 CFR Part
60, Appendix A), except for the data-reduction procedures which have
been modified for application to instantaneous limitation regulations.
Additionally, Method 203C provides procedures for fugitive dust
applications which were unavailable when Method 9 was promulgated. The
certification procedures in section 3 are identical to Method 9. These
certification procedures are provided in Method 203A as well, and,
therefore, have not been repeated in this method.
1. Applicability and Principle
1.1 Applicability. This method is applicable for the determination
of the opacity of emissions from sources of visible emissions for
instantaneous limitations. An instantaneous limitation regulation is an
opacity limit which is never to be exceeded.
1.2 Principle. The opacity of emissions from sources of visible
emissions is determined visually by a qualified observer.
2. Procedures
The observer qualified in accordance with section 3 of this method
shall use the following procedures for visually determining the opacity
of emissions.
2.1 Procedures for Emissions From Stationary Sources. Same as 2.1,
Method 203A.
2.1.1 Position. Same as 2.1.1, Method 203A.
2.1.2 Field Records. Same as 2.1.2, Method 203A.
2.1.3 Observations. Make opacity observations at the point of
greatest opacity in that portion of the plume where condensed water
vapor is not present.
Do not look continuously at the plume. Instead, observe the plume
momentarily at the interval specified in the subject regulation. Unless
otherwise specified, a 15-second observation interval is assumed.
2.1.3.1 Attached Steam Plumes. Same as 2.1.3.1, Method 203A.
2.1.3.2 Detached Steam Plumes. Same as 2.1.3.2, Method 203A.
2.2 Procedures for Fugitive Process Dust Emissions.
2.2.1 Position. Same as section 2.2.1, Method 203A.
2.2.2 Field Records. Same as section 2.2.2, Method 203A.
2.2.3 Observations.
2.2.3.1 Observations for a 15-second Observation Interval
Regulations. Same as section 2.2.3, Method 203A.
2.2.3.2 Observations for a 5-second Observation Interval
Regulations. Same as section 2.2.3, Method 203A, except, observe the
plume momentarily at 5-second intervals.
2.3 Recording Observations. Record opacity observations to the
nearest 5 percent at the prescribed interval on an observational record
sheet. Each momentary observation recorded represents the average of
emissions for the prescribed period. If a 5-second observation period is
not specified in the applicable regulation, a 15-second interval is
assumed. The overall time for which recordings are made shall be of a
length appropriate to the regulation for which opacity is being
measured.
2.3.1 Recording Observations for 15-second Observation Interval
Regulations. Record opacity observations to the nearest 5 percent at 15-
second intervals on an observational record sheet. Each momentary
observation recorded represents the average of emissions for a 15-second
period.
2.3.2 Recording Observations for 5-second Observation Interval
Regulations. Record opacity observations to the nearest 5 percent at 5-
second intervals on an observational record sheet. Each momentary
observation recorded represents the average of emissions for 5-second
period.
2.4 Data Reduction for Instantaneous Limitation Regulations. For an
instantaneous limitation regulation, a 1-minute averaging time will be
used. Divide the observations recorded on the record sheet into sets of
consecutive observations. A set is composed of the consecutive
observations made in 1 minute. Sets need not be consecutive in time, and
in no case shall two sets overlap. Reduce opacity observations by
dividing the sum of all observations recorded in a set by the number of
observations recorded in each set.
[[Page 166]]
2.4.1 Data Reduction for 15-second Observation Intervals. Reduce
opacity observations by averaging four consecutive observations recorded
at 15-second intervals. Divide the observations recorded on the record
sheet into sets of four consecutive observations. For each set of four
observations, calculate the average by summing the opacity of the four
observations and dividing this sum by four.
2.4.2 Data Reduction for 5-second Observation Intervals. Reduce
opacity observations by averaging 12 consecutive observations recorded
at 5-second intervals. Divide the observations recorded on the record
sheet into sets of 12 consecutive observations. For each set of 12
observations, calculate the average by summing the opacity of the 12
observations and dividing this sum by 12.
3. Qualification and Test
Same as section 3, Method 203A.
TABLE A--Smoke Meter Design and Performance Specifications
------------------------------------------------------------------------
Parameter Specification
------------------------------------------------------------------------
a. Light Source........................ Incandescent lamp operated at
nominal rated voltage.
b. Spectral response of photocell...... Photopic (daylight spectral
response of the human eye--
Reference 4.1 of section 4.)
c. Angle of view....................... 15 degrees maximum total angle
d. Angle of projection................. 15 degrees maximum total angle.
e. Calibration error................... 3 percent opacity, maximum.
f. Zero and span drift................. 1 percent opacity, 30 minutes.
g. Response time....................... [le]5 seconds.
------------------------------------------------------------------------
B. Silt Content
Conduct the following test method to determine the silt loading and
silt content of unpaved road and unpaved parking lot surfaces.
(i) Collect a sample of loose surface material from an area 30 cm by
30 cm (1 foot by 1 foot) in size to a depth of approximately 1 cm or
until a hard subsurface is reached, whichever occurs first. Use a brush
and dustpan or other similar device. Collect the sample from a
routinely-traveled portion of the surface which receives a preponderance
of vehicle traffic, i.e. as commonly evidenced by tire tracks. Conduct
sweeping slowly so that fine surface material is not released into the
air. Only collect samples from surfaces that are not wet or damp due to
precipitation or dew.
(ii) Obtain a shallow, lightweight container and a scale with
readings in half ounce increments or less. Place the scale on a level
surface and zero it with the weight of the empty container. Transfer the
entire sample collected to the container, minimizing escape of particles
into the air. Weigh the sample and record its weight.
(iii) Obtain and stack a set of sieves with the following openings:
4 mm, 2 mm, 1 mm, 0.5 mm, and 0.25 mm. Place the sieves in order
according to size openings beginning with the largest size opening at
the top. Place a collector pan underneath the bottom (0.25 mm) sieve.
Pour the entire sample into the top sieve, minimizing escape of
particles into the air by positioning the sieve/collector pan unit in an
enclosed or wind barricaded area. Cover the sieve/collector pan unit
with a lid. Shake the covered sieve/collector pan unit vigorously for a
period of at least one (1) minute in both the horizontal and vertical
planes. Remove the lid from the sieve/collector pan unit and disassemble
each sieve separately beginning with the largest sieve. As each sieve is
removed, examine it for a complete separation of material in order to
ensure that all material has been sifted to the finest sieve through
which it can pass. If not, reassemble and cover the sieve/collector pan
unit and shake it for period of at least one (1) minute. After
disassembling the sieve/collector pan unit, transfer the material which
is captured in the collector pan into the lightweight container
originally used to collect and weigh the sample. Minimize escape of
particles into the air when transferring the material into the
container. Weigh the container with the material from the collector pan
and record its weight. Multiply the resulting weight by 0.38 if the
source is an unpaved road or by 0.55 if the source is an unpaved parking
lot to estimate silt loading. Divide by the total sample weight and
multiply by 100 to arrive at the percent silt content.
(iv) As an alternative to conducting the procedure described above
in section I.B.(ii) and section I.B.(iii) of this appendix, the sample
(collected according to section I.B.(i) of this appendix) may be taken
to an independent testing laboratory or engineering facility for silt
loading (e.g. net weight < 200 mesh) and silt content analysis according
to the following test method from ``Procedures For Laboratory Analysis
Of Surface/Bulk Dust Loading Samples'', (Fifth Edition, Volume I,
Appendix C.2.3 ``Silt Analysis'', 1995), AP-42, Office of Air Quality
Planning & Standards, U.S. Environmental Protection Agency, Research
Triangle Park, North Carolina.
1. Objective--Several open dust emission factors have been found to
be correlated with the silt content(< 200 mesh) of the material being
disturbed. The basic procedure for silt content determination is
mechanical, dry sieving. For sources other than paved roads, the same
sample which was oven-dried to determine moisture content is then
mechanically sieved.
2.1 Procedure--Select the appropriate 20-cm (8-in.) diameter, 5-cm
(2-in.) deep sieve sizes.
[[Page 167]]
Recommended U. S. Standard Series sizes are \3/8\ in., No. 4, No.
40, No. 100, No. 140, No. 200, and a pan. Comparable Tyler Series sizes
can also be used. The No. 20 and the No. 200 are mandatory. The others
can be varied if the recommended sieves are not available, or if buildup
on 1 particulate sieve during sieving indicates that an intermediate
sieve should be inserted.
2.2 Obtain a mechanical sieving device, such as a vibratory shaker
or a Roto-Tap [delta] \1\ without the tapping function.
---------------------------------------------------------------------------
\1\ CFR part 60, App. A, Meth. 5, 2.1.2, footnote 2.
---------------------------------------------------------------------------
2.3 Clean the sieves with compressed air and/or a soft brush. Any
material lodged in the sieve openings or adhering to the sides of the
sieve should be removed, without handling the screen roughly, if
possible.
2.4 Obtain a scale (capacity of at least 1600 grams [g] or 3.5 lb)
and record make, capacity, smallest division, date of last calibration,
and accuracy. (See Figure A)
2.5 Weigh the sieves and pan to determine tare weights. Check the
zero before every weighing. Record the weights.
2.6 After nesting the sieves in decreasing order of size, and with
pan at the bottom, dump dried laboratory sample (preferably immediately
after moisture analysis) into the top sieve. The sample should weigh
between [cent] 400 and 1600 g ([cent] 0.9 and 3.5 lb). This amount will
vary for finely textured materials, and 100 to 300 g may be sufficient
when 90% of the sample passes a No. 8 (2.36 mm) sieve. Brush any fine
material adhering to the sides of the container into the top sieve and
cover the top sieve with a special lid normally purchased with the pan.
2.7 Place nested sieves into the mechanical sieving device and sieve
for 10 minutes (min). Remove pan containing minus No. 200 and weigh.
Repeat the sieving at 10-min intervals until the difference between 2
successive pan sample weighings (with the pan tare weight subtracted) is
less than 3.0%. Do not sieve longer than 40 min.
2.8 Weigh each sieve and its contents and record the weight. Check
the zero before every weighing.
2.9 Collect the laboratory sample. Place the sample in a separate
container if further analysis is expected.
2.10 Calculate the percent of mass less than the 200 mesh screen (75
micrometers [[micro]m]). This is the silt content.
Figure A. Example silt analysis form.
Silt Analysis
Dated: ----------
By: ------------------------
Sample No: -------- Sample Weight (after drying)
Material: --------
Pan + Sample: ------------
Pan: ------------
Split Sample Balance: ------------
Dry Sample: --------------
Make ------------ Capacity: ------------
Smallest Division --------
Final Weight ------------
% Silt = [Net Weight <200 Mesh] / [Total Net Weight x 100] =----%
Sieving
------------------------------------------------------------------------
Time: Start: Weight (Pan Only)
------------------------------------------------------------------------
Initial (Tare):
10 min:
20 min:
30 min:
40 min:
------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Final weight (screen
Screen Tare weight (screen) + sample) Net weight (sample) %
----------------------------------------------------------------------------------------------------------------
\3/8\ in..........................
4 mesh............................
10 mesh...........................
20 mesh...........................
40 mesh...........................
100 mesh..........................
140 mesh..........................
200 mesh..........................
Pan...............................
----------------------------------------------------------------------------------------------------------------
(v) The silt loading and percent silt content for any given unpaved
road surface or unpaved parking lot surface shall be based on the
average of at least three (3) samples that are representative of
routinely-traveled portions of the road or parking lot surface. In order
to simplify the sieve test procedures in section I.B.(ii) and section
I.B.(iii) of this appendix, the three samples may be combined as long as
all material is sifted to the finest sieve through which it can pass,
each sample weighs within 1 ounce of the other two samples, and the
combined weight of the samples and unit area from which they were
collected is calculated and recorded accurately.
[[Page 168]]
II. Vacant Lots
The following test methods shall be used for determining whether a
vacant lot, or portion thereof, has a stabilized surface.
Should a disturbed vacant lot contain more than one type of
disturbance, soil, vegetation or other characteristics which are visibly
distinguishable, test each representative surface for stability
separately in random areas according to the test methods in section II.
of this appendix and include or eliminate it from the total size
assessment of disturbed surface area(s) depending upon test method
results. A vacant lot surface shall be considered stabilized if any of
the test methods in section II. of this appendix indicate that the
surface is stabilized such that the conditions defined in paragraph
(b)(16)(ii) of this section are met:
1. Visible Crust Determination
(i) Where a visible crust exists, drop a steel ball with a diameter
of 15.9 millimeters (0.625 inches) and a mass ranging from 16 to 17
grams from a distance of 30 centimeters (one foot) directly above (at a
90 degree angle perpendicular to) the soil surface. If blowsand is
present, clear the blowsand from the surfaces on which the visible crust
test method is conducted. Blowsand is defined as thin deposits of loose
uncombined grains covering less than 50 percent of a vacant lot which
have not originated from the representative vacant lot surface being
tested. If material covers a visible crust which is not blowsand, apply
the test method in section II.2 of this appendix to the loose material
to determine whether the surface is stabilized.
(ii) A sufficient crust is defined under the following conditions:
once a ball has been dropped according to section II.1.(i) of this
appendix, the ball does not sink into the surface so that it is
partially or fully surrounded by loose grains and, upon removing the
ball, the surface upon which it fell has not been pulverized so that
loose grains are visible.
(iii) Conduct three tests, dropping the ball once per test, within a
survey area the size of one foot by one foot. The survey area shall be
considered sufficiently crusted if at least two out of three tests meet
the definition in section II.1.(ii) of this appendix. Select at least
two other survey areas that represent the disturbed surface area and
repeat this procedure. Whether a sufficient crust covers the disturbed
surface area shall be based on a determination that all of the survey
areas tested are sufficiently crusted.
(iv) At any given site, the existence of a sufficient crust covering
one portion of a disturbed surface may not represent the existence or
protectiveness of a crust on another disturbed surface(s). Repeat the
visible crust test as often as necessary on each representative
disturbed surface area for an accurate assessment of all disturbed
surfaces at a given site.
2. Determination of Threshold Friction Velocity (TFV)
For disturbed surface areas that are not crusted or vegetated,
determine threshold friction velocity (TFV) according to the following
sieving field procedure (based on a 1952 laboratory procedure published
by W. S. Chepil).
(i) Obtain and stack a set of sieves with the following openings: 4
millimeters (mm), 2 mm, 1 mm, 0.5 mm, and 0.25 mm. Place the sieves in
order according to size openings beginning with the largest size opening
at the top. Place a collector pan underneath the bottom (0.25 mm) sieve.
Collect a sample of loose surface material from an area at least 30 cm
by 30 cm in size to a depth of approximately 1 cm using a brush and
dustpan or other similar device. Only collect soil samples from dry
surfaces (i.e. when the surface is not damp to the touch). Remove any
rocks larger than 1 cm in diameter from the sample. Pour the sample into
the top sieve (4 mm opening) and cover the sieve/collector pan unit with
a lid. Minimize escape of particles into the air when transferring
surface soil into the sieve/collector pan unit. Move the covered sieve/
collector pan unit by hand using a broad, circular arm motion in the
horizontal plane. Complete twenty circular arm movements, ten clockwise
and ten counterclockwise, at a speed just necessary to achieve some
relative horizontal motion between the sieves and the particles. Remove
the lid from the sieve/collector pan unit and disassemble each sieve
separately beginning with the largest sieve. As each sieve is removed,
examine it for loose particles. If loose particles have not been sifted
to the finest sieve through which they can pass, reassemble and cover
the sieve/collector pan unit and gently rotate it an additional ten
times. After disassembling the sieve/collector pan unit, slightly tilt
and gently tap each sieve and the collector pan so that material aligns
along one side. In doing so, minimize escape of particles into the air.
Line up the sieves and collector pan in a row and visibly inspect the
relative quantities of catch in order to determine which sieve (or
whether the collector pan) contains the greatest volume of material. If
a visual determination of relative volumes of catch among sieves is
difficult, use a graduated cylinder to measure the volume. Estimate TFV
for the sieve catch with the greatest volume using Table 1, which
provides a correlation between sieve opening size and TFV.
[[Page 169]]
Table 1 (Metric Units)--Determination of Threshold Friction Velocity
(TFV)
------------------------------------------------------------------------
Opening TFV (cm/
Tyler Sieve No. (mm) s)
------------------------------------------------------------------------
5.................................................. 4
Sec. 52.129 Review of new sources and modifications.
(a) [Reserved]
(b) National standards not met. The requirements of Sec. 51.160(a)
of this chapter
[[Page 172]]
are not met in the Pima Intrastate Region since the Rules and
Regulations of the Pima County Air Pollution Control District are not
adequate to prevent construction or modification of a source which would
interfere with the attainment or maintenance of the national standards.
(c) Regulation for review of new sources and modifications. (1) The
requirements of this paragraph are applicable to any stationary source
in the Pima Intrastate Region (Sec. 81.269 of this chapter), the
construction or modification of which is commenced after the effective
date of this regulation.
(2) No owner or operator shall commence construction or modification
of any new source after the effective date of this regulation without
first obtaining approval from the Administrator of the location of such
source.
(i) Application for approval to construct or modify shall be made on
forms furnished by the Administrator, or by other means prescribed by
the Administrator.
(ii) A separate application is required for each source.
(iii) Each application shall be signed by the applicant.
(iv) Each application shall be accompanied by site information,
stack data, and the nature and amount of emissions. Such information
shall be sufficient to enable the Administrator to make any
determination pursuant to paragraph (c)(3) of this section.
(v) Any additional information, plans, specifications, evidence or
documentation that the Administrator may require shall be furnished upon
request.
(3) No approval to construct or modify will be granted unless the
applicant shows to the satisfaction of the Administrator that the source
will not prevent or interfere with attainment or maintenance of any
national standard.
(4)(i) Within twenty (20) days after receipt of an application to
construct, or any addition to such application, the Administrator shall
advise the owner or operator of any deficiency in the information
submitted in support of the application. In the event of such a
deficiency, the date of receipt of the application for the purpose of
paragraph (c)(4)(ii) of this section, shall be the date on which all
required information is received by the Administrator.
(ii) Within thirty (30) days after receipt of a complete
application, the Administrator shall:
(a) Make a preliminary determination whether the source should be
approved, approved with conditions, or disapproved.
(b) Make available in at least one location in each region in which
the proposed source would be constructed, a copy of all materials
submitted by the owner or operator, a copy of the Administrator's
preliminary determination and a copy or summary of other materials, if
any, considered by the Administrator in making his preliminary
determination; and
(c) Notify the public, by prominent advertisement in a newspaper of
general circulation in each region in which the proposed source would be
constructed, of the opportunity for written public comment on the
information submitted by the owner or operator and the Administrator's
preliminary determination on the approvability of the source.
(iii) A copy of the notice required pursuant to this paragraph shall
be sent to the applicant and to state and local air pollution control
agencies, having cognizance over the location where the source will be
situated.
(iv) Public comments submitted in writing within thirty (30) days
after the date such information is made available shall be considered by
the Administrator in making his final decision on the application. No
later than ten (10) days after the close of the public comment period,
the applicant may submit a written response to any comment submitted by
the public. The Administrator shall consider the applicant's response in
making his final decision. All comments shall be made available for
public inspection in at least one location in the region in which the
source would be located.
(v) The Administrator shall take final action on an application
within thirty (30) days after the close of the public comment period.
The Administrator shall notify the applicant in writing of his approval,
conditional approval, or denial of the application, and
[[Page 173]]
shall set forth his reasons for conditional approval or denial. Such
notification shall be made available for public inspection in at least
one location in the region in which the source would be located.
(vi) The Administrator may extend each of the time periods specified
in paragraph (c)(4) (ii), (iv) or (v) of this section by no more than 30
days, or such other period as agreed to by the applicant and the
Administrator.
(5) The Administrator may cancel an approval if the construction is
not begun within 2 years from the date of issuance, or if during the
construction, work is suspended for 1 year.
(6) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with any local, State or
Federal regulation which is part of the applicable plan.
(7) Approval to construct or modify shall not be required for:
(i) The installation or alteration of an air pollutant detector, air
pollutants recorder, combustion controller, or combustion shutoff.
(ii) Airconditioning or ventilating systems not designed to remove
air pollutants generated by or released from equipment.
(iii) Fuel burning equipment, other than smokehouse generators,
which has a heat input of not more than 250 MBtu/h (62.5 billion g-cal/
h) and burns only gaseous fuel containing not more than 20.0 grain
H2 S per 100 stdft\3\ (45.8 g/100 stdm\3\); has a heat input
of not more than 1 MBtu/h (250 Mg-cal/h) and burns only distillate oil;
or has a heat input of not more than 350,000 Btu/h (88.2 Mg-cal/h) and
burns any other fuel.
(iv) Mobile internal combustion engines.
(v) Laboratory equipment used exclusively for chemical or physical
analysis.
(vi) Other sources of minor significance specified by the
Administrator.
(8) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as approved
and conditioned by the Administrator, or any owner or operator of a
stationary source subject to this paragraph who commences construction
or modification without applying for and receiving approval hereunder,
shall be subject to enforcement action under section 113 of the Act.
(d) Regulation for review of new sources and modifications: Federal
Regulations. (1) This requirement is applicable to any stationary source
subject to the requirements of Sec. 52.126(b), the construction or
modification of which is commenced after the effective date of this
regulation.
(2) No owner or operator shall commence construction or modification
of any stationary source after the effective date of this regulation,
without first obtaining approval from the Administrator of the location
and design of such source.
(i) Application for approval to construct or modify shall be made on
forms furnished by the Administrator, or by other means prescribed by
the Administrator.
(ii) A separate application is required for each source.
(iii) Each application shall be signed by the applicant.
(iv) Each application shall be accompanied by site information,
plans, descriptions, specifications, and drawings showing the design of
the source, the nature and amount of emissions, and the manner in which
it will be operated and controlled.
(v) Any additional information, plans, specifications, evidence, or
documentation that the Administrator may require shall be furnished upon
request.
(3) No approval to construct or modify will be granted unless the
applicant shows to the satisfaction of the Administrator that the source
will operate without causing a violation of Sec. 52.126(b).
(4)(i) Within twenty (20) days after receipt of an application to
construct, or any addition to such application, the Administrator shall
advise the owner or operator of any deficiency in the information
submitted in support of the application. In the event of such a
deficiency, the date of receipt of the application for the purpose of
paragraph (d)(4)(ii) of this section, shall be the date on which all
required information is received by the Administrator.
[[Page 174]]
(ii) Within thirty (30) days after receipt of a complete
application, the Administrator shall:
(a) Make a preliminary determination whether the source should be
approved, approved with conditions, or disapproved.
(b) Make available in at least one location in each region in which
the proposed source would be constructed, a copy of all materials
submitted by the owner or operator, a copy of the Administrator's
preliminary determination and a copy or summary of other materials, if
any, considered by the Administrator in making his preliminary
determination; and
(c) Notify the public, by prominent advertisement in a newspaper of
general circulation in each region in which the proposed source would be
constructed, of the opportunity for written public comment on the
information submitted by the owner or operator and the Administrator's
preliminary determination on the approvability of the source.
(iii) A copy of the notice required pursuant to this paragraph shall
be sent to the applicant and to state and local air pollution control
agencies, having cognizance over the location where the source will be
situated.
(iv) Public comments submitted in writing within thirty (30) days
after the date such information is made available shall be considered by
the Administrator in making his final decision on the application. No
later than ten (10) days after the close of the public comment period,
the applicant may submit a written response to any comment submitted by
the public. The Administrator shall consider the applicant's response in
making his final decision. All comments shall be made available for
public inspection in at least one location in the region in which the
source would be located.
(v) The Administrator shall take final action on an application
within thirty (30) days after the close of the public comment period.
The Administrator shall notify the applicant in writing of his approval,
conditional approval, or denial of the application, and shall set forth
his reasons for conditional approval or denial. Such notification shall
be made available for public inspection in at least one location in the
region in which the source would be located.
(vi) The Administrator may extend each of the time periods specified
in paragraph (d)(4)(ii), (iv) or (v) of this section by no more than 30
days, or such other period as agreed to by the applicant and the
Administrator.
(5) The Administrator may impose any reasonable conditions upon an
approval including conditions requiring the source to be provided with:
(i) Sampling ports of a size, number, and location as the
Administrator may require,
(ii) Safe access to each port,
(iii) Instrumentation to monitor and record emission data, and
(iv) Any other sampling and testing facilities.
(6) The Administrator may cancel an approval if the construction is
not begun within 2 years from the date of issuance, or if during the
construction, work is suspended for 1 year.
(7) Any owner or operator subject to the provisions of this
regulation shall furnish the Administrator written notification as
follows:
(i) A notification of the anticipated date of initial startup of
source not more than 60 days or less than 30 days prior to such date.
(ii) A notification of the actual date of initial startup of a
source within 15 days after such date.
(8) Within 60 days after achieving the maximum production rate at
which the source will be operated but not later than 180 days after
initial startup of such source, the owner or operator of such source
shall conduct a performance test(s) in accordance with the methods and
under operating conditions approved by the Administrator and furnish the
Administrator a written report of the results of such performance test.
(i) Such test shall be at the expense of the owner or operator.
(ii) The Administrator may monitor such test and also may conduct
performance tests.
(iii) The owner or operator of a source shall provide the
Administrator 15 days prior notice of the performance test to afford the
Administrator the
[[Page 175]]
opportunity to have an observer present.
(iv) The Administrator may waive the requirement for performance
tests if the owner or operator of a source has demonstrated by other
means to the Administrator's satisfaction that the source is being
operated in compliance with the requirements of Sec. 52.126(b).
(9) Approval to construct or modify shall not relieve the owner or
operator of the responsibility to comply with all local, State, or
Federal regulations which are part of the applicable plan.
(10) Approval to construct or modify shall not be required for:
(i) The installation or alteration of an air pollutant detector, air
pollutants recorder, combustion controller, or combustion shutoff.
(ii) Air-conditioning or ventilating systems not designed to remove
air pollutants generated by or released from equipment.
(iii) Fuel burning equipment, other than smokehouse generators,
which has a heat input of not more than 250 MBtu/h (62.5 billion g-cal/
h) and burns only gaseous fuel containing not more than 20.0 grain
H2 S per 100 stdft\3\ (45.8 g/100 stdm\3\); has a heat input
of not more than 1 MBtu/h (250 Mg-cal/h) and burns only distillate oil;
or has a heat input of not more than 350,000 Btu/h (88.2 Mg-cal/h) and
burns any other fuel.
(iv) Mobile internal combustion engines.
(v) Laboratory equipment used exclusively for chemical or physical
analyses.
(vi) Other sources of minor significance specified by the
Administrator.
(11) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as approved
and conditioned by the Administrator, or any owner or operator of a
stationary source subject to this paragraph who commences construction
or modification without applying for and receiving approval hereunder,
shall be subject to enforcement action under section 113 of the Act.
(e) Delegation of authority. (1) The Administrator shall have the
authority to delegate responsibility for implementing the procedures for
conducting source review pursuant to this section in accordance with
paragraphs (g) (2), (3), and (4) of this section.
(2) Where the Administrator delegates the responsibility for
implementing the procedures for conducting source review pursuant to
this section to any Agency, other than a Regional Office of the
Environmental Protection Agency, a copy of the notice pursuant to
paragraphs (c)(4)(iii) and (d)(4)(iii) of this section shall be sent to
the Administrator through the appropriate Regional Office.
(3) In accordance with Executive Order 11752, the Administrator's
authority for implementing the procedures for conducting source review
pursuant to this section shall not be delegated, other than to a
Regional Office of the Environmental Protection Agency, for new or
modified sources which are owned or operated by the Federal government
or for new or modified sources located on Federal lands; except that,
with respect to the latter category, where new or modified sources are
constructed or operated on Federal lands pursuant to leasing or other
Federal agreements, the Federal Land Manager may at his discretion, to
the extent permissible under applicable statutes and regulations,
require the lessee or permittee to be subject to new source review
requirements which have been delegated to a state or local agency
pursuant to this paragraph.
(4) The Administrator's authority for implementing the procedures
for conducting source review pursuant to this section shall not be
redelegated, other than to a Regional Office of the Environmental
Protection Agency, for new or modified sources which are located in
Indian reservations except where the State has assumed jurisdiction over
such land under other laws, in which case the Administrator may delegate
his authority to the States in accordance with paragraphs (g)(2), (3),
and (4) of this section.
[37 FR 15081, July 27, 1972, as amended at 38 FR 12705, May 14, 1973; 39
FR 7279, Feb. 25, 1974; 39 FR 28285, Aug. 8, 1974; 40 FR 50268, Oct. 29,
1975; 45 FR 67346, Oct. 10, 1980; 51 FR 40677, Nov. 7, 1986; 60 FR
33922, June 29, 1995]
[[Page 176]]
Sec. 52.130 Source surveillance.
(a) The requirements of Sec. 51.211 of this chapter are not met
since the plan does not contain legally enforceable procedures for
requiring sources in the Northern Arizona, Mohave-Yuma, Central Arizona,
and Southeast Arizona Intrastate Regions to maintain records of and
periodically report on the nature and amounts of emissions.
(b) The requirements of Sec. 51.213 of this chapter are not met
because the plan does not provide procedures for obtaining and
maintaining data on actual emission reductions achieved as a result of
implementing transportation control measures.
(c) Regulation for source recordkeeping and reporting. (1) The owner
or operator of any stationary source in the Northern Arizona, Mohave-
Yuma, Central Arizona, or Southeast Arizona Intrastate Region
(Secs. 81.270, 81.268, 81.271, and 81.272 of this chapter) shall, upon
notification from the Administrator, maintain records of the nature and
amounts of emissions from such source or any other information as may be
deemed necessary by the Administrator to determine whether such source
is in compliance with applicable emission limitations or other control
measures.
(2) The information recorded shall be summarized and reported to the
Administrator, and shall be submitted within 45 days after the end of
the reporting period. Reporting periods are January 1 to June 30 and
July 1 to December 31, except that the initial reporting period shall
commence on the date the Administrator issues notification of the
recordkeeping requirements.
(3) Information recorded by the owner or operator and copies of the
summarizing reports submitted to the Administrator shall be retained by
the owner or operator for 2 years after the date on which the pertinent
report is submitted.
(4) Emission data obtained from owners or operators of stationary
sources will be correlated with applicable emission limitations and
other control measures. All such emission data will be available during
normal business hours at the regional office (region IX). The
Administrator will designate one or more places in Arizona where such
emission data and correlations will be available for public inspection.
(d) The requirements of Sec. 51.214 of this chapter are not met
since the plan does not contain legally enforceable procedures for
requiring certain stationary sources subject to emission standards to
install, calibrate, operate, and maintain equipment for continuously
monitoring and recording emissions, and to provide other information as
specified in Appendix P of part 51 of this chapter.
(e) The requirements of Sec. 51.214 of this chapter are not met
since the plan does not provide sufficient regulations to meet the
minimum specifications of Appendix P in the Maricopa Intrastate Region.
Additionally, Maricopa County Air Pollution Control Regulation IV, rule
41, paragraph B, sections 6.0-6.4 (Special Consideration) is disapproved
since it does not contain the specific criteria for determining those
physical limitations or extreme economic situations where alternative
monitoring requirements would be applicable.
[37 FR 15081, July 27, 1972]
Editorial Note: For Federal Register citations affecting
Sec. 52.130, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
Sec. 52.131 Control Strategy and regulations: Fine Particle Matter.
(a) Determination of Attainment: Effective February 6, 2013, EPA has
determined that, based on 2009 to 2011 ambient air quality data, the
Nogales PM2.5 nonattainment area has attained the 2006 24-
hour PM2.5 NAAQS. 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 for as long as this area continues to attain the 2006 24-hour
PM2.5 NAAQS. If EPA determines, after notice-and-comment
rulemaking, that this area no longer meets the 2006 PM2.5
NAAQS, the corresponding determination of attainment for that area shall
be withdrawn.
[[Page 177]]
(b) Determination of Attainment: Effective October 4, 2013, EPA has
determined that, based on 2010 to 2012 ambient air quality data, the
West Central Pinal PM2.5 nonattainment area has attained the
2006 24-hour PM2.5 NAAQS. 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 for as long as this area continues to attain the 2006 24-hour
PM2.5 NAAQS. If EPA determines, after notice-and-comment
rulemaking, that this area no longer meets the 2006 PM2.5
NAAQS, the corresponding determination of attainment for that area shall
be withdrawn.
[78 FR 889, Jan. 7, 2013, as amended at 78 FR 54396, Sept. 4, 2013]
Sec. 52.132 [Reserved]
Sec. 52.133 Rules and regulations.
(a) Regulation 7-1-1.4(A) (Exceptions) of the Arizona Rules and
Regulations for Air Pollution Control, regulations 12-3-2 (Emission
Standards) of the Coconino County Rules and Regulations for Air
Pollution Control, section 3, regulation 5 (Exceptions) of the Mohave
County Air Pollution Control Regulations, regulation 8-1-1.6
(Exceptions) of the Yuma County Air Pollution Control Regulations, and
regulation 7-1-2.8 (Exceptions) of the Rules and Regulations for Pinal-
Gila Counties Air Quality Control District all provide for an exemption
from enforcement action if the violation is attributable to certain
events. These events are too broad in scope and the source can obtain
the exemption merely by reporting the occurrence. Therefore, the above
regulations are disapproved since these regulations make all approved
emission limiting regulations potentially unenforceable.
(b) Paragraph E of regulation 7-1-1.3 (R9-3-103) (Air Pollution
Prohibited) prohibits any person from causing ground level
concentrations to exceed ambient standards outside the boundaries of
this operation. This regulation could allow violations of ambient air
quality standards to occur in areas to which the public has access,
contrary to the requirements of section 110(a)(1) of the Clean Air Act.
Therefore, paragraph E of regulation 7-1-1.3 (R9-3-103) of the Arizona
Rules and Regulations for Air Pollution Control is disapproved.
(c) The requirements of subpart G and Sec. 51.281 of this chapter
are not met since the plan does not provide any enforceable regulations
and a demonstration that such regulations will cause the attainment and
maintenance of national ambient air quality standards in Graham and
Greenlee Counties.
(d) Section 3, regulation 4 (Ground Level Concentrations) of the
Mohave County Air Pollution Control Regulations, paragraph E of
regulation 8-1-1.3 (Air Pollution Prohibited) of the Yuma County Air
Pollution Control Regulations, and paragraph C of regulation 7-1-1.3
(Air Pollution Prohibited) of the Rules and Regulations for Pinal-Gila
Counties Air Quality Control District prohibits any person from causing
ground level concentrations to exceed ambient standards outside the
boundaries of his operation. These regulations could allow violations of
ambient air quality standards to occur in areas to which the general
public has access, contrary to the requirements of section 110(a)(1) of
the Clean Air Act. Therefore, these regulations are disapproved.
(e) Rule R18-2-702 of the Arizona Department of Environmental
Quality Rules and Regulations sets an opacity standard for emissions
from stationary sources of PM-10. The standard does not fulfill the
RACM/RACT requirements of section 189(a) of the CAA. The rule also does
not comply with enforceability requirements of section 110(a) and SIP
relaxation requirements of sections 110(l) and 193. Therefore, Rule R18-
2-702 submitted on July 15, 1998 is disapproved.
(f) Rules 1-3-130 and 3-1-020 submitted on November 27, 1995 of the
Pinal County Air Quality Control District regulations have limited
enforceability because they reference rules not contained in the Arizona
State Implementation Plan. Therefore, these rules are removed from the
Arizona State Implementation Plan.
(g) Rules 1-2-110, 1-3-130, 3-1-020, and 4-1-010 submitted on
October 7, 1998 of the Pinal County Air Quality Control
[[Page 178]]
District regulations have limited enforceability because they reference
rules not contained in the Arizona State Implementation Plan. Therefore,
these rules are disapproved.
[37 FR 15082, July 27, 1972, as amended at 43 FR 33247, July 31, 1978;
43 FR 53035, Nov. 15, 1978; 51 FR 40676, 40677, Nov. 7, 1986; 67 FR
59460, Sept. 23, 2002; 67 FR 68767, Nov. 13, 2002]
Sec. 52.134 Compliance schedules.
(a) Federal compliance schedule. (1) Except as provided in paragraph
(a)(2) of this section, the owner or operator of any stationary source
subject to Sec. 52.126(b) shall comply with such regulation on or before
January 31, 1974. The owner or operator of the source subject to
Sec. 52.125(c) shall comply with such regulation at initial start-up of
such source unless a compliance schedule has been submitted pursuant to
paragraph (a)(2) of this section.
(i) Any owner or operator in compliance with Sec. 52.126(b) on the
effective date of this regulation shall certify such compliance to the
Administrator no later than 120 days following the effective date of
this paragraph.
(ii) Any owner or operator who achieves compliance with
Sec. 52.125(c) or Sec. 52.126(b) after the effective date of this
regulation shall certify such compliance to the Administrator within 5
days of the date compliance is achieved.
(2) Any owner or operator of the stationary source subject to
Sec. 52.125(c) and paragraph (a)(1) of this section may, no later than
July 23, 1973, submit to the Administrator for approval a proposed
compliance schedule that demonstrates compliance with Sec. 52.125(c) as
expeditiously as practicable but not later than July 31, 1977. Any owner
or operator of a stationary source subject to Sec. 52.126(b) and
paragraph (a)(1) of this section may, no later than 120 days following
the effective date of this paragraph, submit to the Administrator for
approval a proposed compliance schedule that demonstrates compliance
with Sec. 52.126(b) as expeditiously as practicable but not later than
July 31, 1975.
(i) The compliance schedule shall provide for periodic increments of
progress toward compliance. The dates for achievement of such increments
shall be specified. Increments of progress shall include, but not be
limited to: Submittal of the final control plan to the Administrator;
letting of necessary contracts for construction or process change, or
issuance of orders for the purchase of component parts to accomplish
emission control equipment or process modification; completion of onsite
construction or installation of emission control equipment or process
modification; and final compliance.
(ii) Any compliance schedule for the stationary source subject to
Sec. 52.125(c) which extends beyond July 31, 1975, shall apply any
reasonable interim measures of control designed to reduce the impact of
such source on public health.
(3) Any owner or operator who submits a compliance schedule pursuant
to this paragraph shall, within 5 days after the deadline for each
increment of progress, certify to the Administrator whether or not the
required increment of the approved compliance schedule has been met.
[38 FR 12705, May 14, 1973, as amended at 39 FR 10584, Mar. 21, 1974; 39
FR 43277, Dec. 12, 1974; 40 FR 3994, Jan. 27, 1975; 54 FR 25258, June
14, 1989]
Sec. 52.135 Resources.
(a) The requirements of Sec. 51.280 of this chapter are not met
because the transportation control plan does not contain a sufficient
description of resources available to the State and local agencies and
of additional resources needed to carry out the plan during the 5-year
period following submittal.
[38 FR 16564, June 22, 1973, as amended at 51 FR 40677, Nov. 7, 1986]
Sec. 52.136 Control strategy for ozone: Oxides of nitrogen.
EPA is approving an exemption request submitted by the State of
Arizona on April 13, 1994 for the Maricopa County ozone nonattainment
area from the NOX RACT requirements contained in section
182(f) of the Clean Air Act. This approval exempts the Phoenix area from
implementing the NOX requirements for RACT, new source review
(NSR), and the applicable general and transportation conformity and
inspection and maintenance (I/M) requirements of the CAA. The exemption
[[Page 179]]
is based on Urban Airshed Modeling as lasts for only as long as the
area's modeling continues to demonstrate attainment without
NOX reductions from major stationary sources.
[60 FR 19515, Apr. 19, 1995]
Sec. 52.137 [Reserved]
Sec. 52.138 Conformity procedures.
(a) Purpose. The purpose of this regulation is to provide procedures
as part of the Arizona carbon monoxide implementation plans for
metropolitan transportation planning organizations (MPOs) to use when
determining conformity of transportation plans, programs, and projects.
Section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) prohibits MPOs
from approving any project, program, or plan which does not conform to
an implementation plan approved or promulgated under section 110.
(b) Definitions.
(1) Applicable implementation plan or applicable plan means the
portion (or portions) of the implementation plan, or most recent
revision thereof, which has been approved under section 110 of the Clean
Air Act, 42 U.S.C. 7410, or promulgated under section 110(c) of the CAA,
42 U.S.C. 7410(c).
(2) Carbon monoxide national ambient air quality standard (CO NAAQS)
means the standards for carbon monoxide promulgated by the Administrator
under section 109, 42 U.S.C. 7409, of the Clean Air Act and found in 40
CFR 50.8
(3) Cause means resulting in a violation of the CO NAAQS in an area
which previously did not have ambient CO concentrations above the CO
NAAQS.
(4) Contribute means resulting in measurably higher average 8-hour
ambient CO concentrations over the NAAQS or an increased number of
violations of the NAAQS in an area which currently experiences CO levels
above the standard.
(5) Metropolitan planning organization (MPO) means the organization
designated under 23 U.S.C. 134 and 23 CFR part 450.106. For the specific
purposes of this regulation, MPO means either the Maricopa Association
of Governments or the Pima Association of Governments.
(6) Nonattainment area means for the specific purpose of this
regulation either the Pima County carbon monoxide nonattainment area as
described in 40 CFR 81.303 or the Maricopa County carbon monoxide
nonattainment area as described in 40 CFR 81.303 (i.e., the MAG urban
planning area).
(7) Transportation control measure (TCM) means any measure in an
applicable implementation plan which is intended to reduce emissions
from transportation sources.
(8) Transportation improvement program (TIP) means the staged
multiyear program of transportation improvements including an annual (or
biennial) element which is required in 23 CFR part 450.
(9) Unified planning work program or UPWP means the program required
by 23 CFR 450.108(c) and endorsed by the metropolitan planning
organization which describes urban transportation and transportation-
related planning activities anticipated in the area during the next 1-
to 2-year period including the planning work to be performed with
federal planning assistance and with funds available under the Urban
Mass Transportation Act (49 U.S.C.) section 9 or 9A. UPWPs are also
known as overallwork programs or OWPs.
(c) Applicability. These procedures shall apply only to the Maricopa
Association of Governments in its role as the designated metropolitan
planning organization for Maricopa County, Arizona, and the Pima
Association of Governments in its role as the designated metropolitan
planning organization for Pima County, Arizona.
(d) Procedures--(1) Transportation Plans and Transportation
Improvement Programs--(i) Documentation. The MPO shall prepare for each
transportation plan and program (except for the unified planning work
program), as part of the plan or program, a report documenting for each
plan and program the following information:
(A) the disaggregated population projections and employment which
were assumed in:
(1) the applicable plan, and
(2) the transportation plan/program;
(B) the levels of vehicle trips, vehicle miles traveled, and
congestion that were:
[[Page 180]]
(1) assumed in the applicable plan, and
(2) expected to result from the implementation of the plan/program
over the period covered by the applicable plan considering any growth
likely to result from the implementation of the plan/program;
(C) for each major transportation control measure in the applicable
implementation plan;
(1) the TCM's implementation schedule and, if determined in the
applicable plan, expected effectiveness in reducing CO emissions,
(2) the TCM's current implementation status and, if feasible, its
current effectiveness in reducing CO emissions, and
(3) actions in the plan/program which may beneficially or adversely
affect the implementation and/or effectiveness of the TCM;
(D) the CO emission levels resulting from the implementation of the
plan/program over the period covered by the applicable plan considering
any growth likely to result from the implementation of the plan/program;
and
(E) the ambient CO concentration levels, micro-scale and regional,
resulting from the implementation of the plan/program over the period
covered by the applicable plan considering any growth likely to result
from the implementation of the plan or program.
(ii) Findings. Prior to approving a transportation plan/program, the
MPO shall determine if the plan/program conforms to the applicable
implementation plan. In making this determination, the MPO shall make
and support each of the following findings for each transportation plan
and program using the information documented in paragraph (d)(1)(i) of
this section:
(A) that implementation of the transportation plan/program will
provide for the implementation of TCMs in the applicable plan on the
schedule set forth in the applicable plan;
(B) that CO emission levels, microscale and regional, resulting from
the implementation of the plan/program will not delay attainment or
achievement of any interim emission reductions needed for attainment
and/or interfere with maintenance of the CONAAQS throughout the
nonattainment area during the period covered by the applicable plan; and
(C) that implementation of the plan/program would not cause or
contribute to a violation of the CO NAAQS anywhere within the
nonattainment area during the period covered by the applicable plan.
(2) Amendments to a Transportation Plan or Transportation
Implementation Program. Prior to approving any amendment to a
transportation plan or program, the MPO shall first determine that the
amendment does not substantially change the information provided under
paragraph (d)(1)(i) of this section and does not change the findings in
paragraph (d)(1)(ii) of this section with respect to the original plan
or program.
(3) Transportation Projects. As part of any individual
transportation project approval made by the MPO, the MPO shall determine
whether the project conforms to the applicable implementation plan using
the following procedure:
(i) For projects from a plan and TIP that has been found to conform
under procedures in paragraph (d)(1) of this section within the last
three years or from a Plan or TIP amendment that has been found to
conform under procedures in paragraph (d)(2) of this section in the past
three years, the MPO shall document as part of the approval document:
(A) the TIP project number;
(B) whether the project is an exempt project as defined in paragraph
(e) of this section; and
(C) whether the design and scope of the project has changed
significantly from the design and scope of the project as described in
the conforming TIP:
(1) If the design and scope of the project has not changed
significantly, the MPO may find the project conforming; or
(2) If the design and scope of the project has changed significantly
or the design and scope of the project could not be determined from the
TIP, the MPO shall use the procedures in paragraph (d)(3)(ii) of this
section to determine if the project conforms to the applicable
implementation plan.
[[Page 181]]
(ii) For projects not exempted under paragraph (e) of this section
and not in a plan or a TIP that has been found to conform under
procedures in paragraph (d)(1) of this section within the last three
years:
(A) Documentation. The MPO shall document as part of the approval
document for each such project:
(1) the disaggregated population and employment projections, to the
extent they are used in
(i) the applicable plan, and
(ii) designing and scoping the project;
(2) the levels of vehicle trips, vehicle miles traveled, and
congestion that are
(i) assumed in the applicable plan, and
(ii) expected to result over the period covered by the applicable
plan from the construction of the project considering any growth likely
to result from the project;
(3) for each transportation control measure in the applicable plan
likely to be affected by the project:
(i) its implementation schedule and expected emission reduction
effectiveness from the applicable plan,
(ii) its current implementation status and, if feasible, its current
effectiveness, and
(iii) any actions as part of the project which may beneficially or
adversely affect the implementation and/or effectiveness of the TCM;
(4) CO emission levels which will result from the project over the
period covered by the applicable plan considering any growth likely to
result from the project; and
(5) ambient CO concentration levels which will result from the
project over the period covered by the applicable plan considering any
growth likely to result from the project.
(B) Findings. Prior to approving any transportation project, the MPO
shall determine if the project conforms to the applicable implementation
plan. In making this determination, the MPO shall make and support the
following findings for each project using the information documented in
paragraph (d)(2)(ii)(A) of this section:
(1) that the project will provide for the implementation of TCMs
affected by the project on the schedule set forth in the applicable
plan;
(2) that CO emission levels, microscale and regional, resulting from
the implementation of the project during the period covered by the
applicable plan will not delay attainment or any required interim
emission reductions and/or interfere with maintenance of the CO NAAQS in
an area substantially affected by the project;
(3) that the project will not cause or contribute to a violation of
the CO NAAQS during the period covered by the applicable plan near the
project; and
(4) that the projected emissions from the project, when considered
together with emissions projected for the conforming plan and program
within the nonattainment area, do not cause the plan and program to
exceed the emission reduction projections and schedules assigned to such
plans and programs in the applicable implementation plan.
(e) Exempt Projects. An individual project is exempt from the
requirements of paragraph (d) of this section if it is:
(1) located completely outside the nonattainment area;
(2) a safety project which is included in the statewide safety
improvement program, will not alter the functional traffic capacity or
capability of the facility being improved, and does not adversely affect
the TCMs in the applicable plan;
(3) a transportation control measure from the approved applicable
plan; or
(4) a mass transit project funded under the Urban Mass
Transportation Act, 49 U.S.C.
[56 FR 5485, Feb. 11, 1991]
Sec. 52.139 [Reserved]
Sec. 52.140 Monitoring transportation trends.
(a) This section is applicable to the State of Arizona.
(b) In order to assure the effectiveness of the inspection and
maintenance program and the retrofit devices required under the Arizona
implementation plan, the State shall monitor the actual per-vehicle
emissions reductions occurring as a result of such measures.
[[Page 182]]
All data obtained from such monitoring shall be included in the
quarterly report submitted to the Administrator by the State in
accordance with Sec. 58.35 of this chapter. The first quarterly report
shall cover the period January 1 to March 31, 1976.
(c) In order to assure the effective implementation of Secs. 52.137,
52.138, and 52.139, the State shall monitor vehicle miles traveled and
average vehicle speeds for each area in which such sections are in
effect and during such time periods as may be appropriate to evaluate
the effectiveness of such a program. All data obtained from such
monitoring shall be included in the quarterly report submitted to the
Administrator by the State of Arizona in accordance with Sec. 58.35 of
this chapter. The first quarterly report shall cover the period from
July 1 to September 30, 1974. The vehicle miles traveled and vehicle
speed data shall be collected on a monthly basis and submitted in a
format similar to Table 1.
Table 1
Time period_____________________________________________________________
Affected area___________________________________________________________
------------------------------------------------------------------------
VMT or average vehicle
speed
-----------------------
Roadway type Vehicle
Vehicle type (2)
type (1) \1\
------------------------------------------------------------------------
Freeway.........................................
Arterial........................................
Collector.......................................
Local...........................................
------------------------------------------------------------------------
\1\ Continue with other vehicle types as appropriate.
(d) No later than March 1, 1974, the State shall submit to the
Administrator a compliance schedule to implement this section. The
program description shall include the following:
(1) The agency or agencies responsible for conducting, overseeing,
and maintaining the monitoring program.
(2) The administrative procedures to be used.
(3) A description of the methods to be used to collect the emission
data, VMT data, and vehicle speed data; a description of the
geographical area to which the data apply; identification of the
location at which the data will be collected; and the time periods
during which the data will be collected.
(e) The quarterly reports specified in paragraphs (b) and (c) of
this section shall be submitted to the Administrator through the
Regional Office, and shall be due within 45 days after the end of each
reporting period.
[38 FR 33376, Dec. 3, 1973, as amended at 39 FR 32113, Sept. 5, 1974; 44
FR 27571, May 10, 1979]
Sec. 52.141 [Reserved]
Sec. 52.142 Federal Implementation Plan for Tri-Cities landfill,
Salt River Pima-Maricopa Indian Community.
The Federal Implementation Plan regulating emissions from an Energy
Project at the Tri-Cities landfill located on the Salt River Pima-
Maricopa Indian Community near Phoenix, Arizona is codified at 40 CFR
49.22.
[64 FR 65664, Nov. 23, 1999]
Sec. 52.143 [Reserved]
Sec. 52.144 Significant deterioration of air quality.
(a) The requirements of sections 160 through 165 of the Clean Act
are not met, since the plan as it applies to stationary sources under
the jurisdiction of the Pima County Health Department and the Maricopa
County Department of Health Services and stationary sources locating on
Indian lands does not include approvable procedures for preventing the
significant deterioration of air quality.
(b) Regulation for preventing significant deterioration of air
quality. The provisions of Sec. 52.21 except paragraph (a)(1) are hereby
incorporated and made a part of the applicable State plan for the State
of Arizona for that portion applicable to the Pima County Health
Department and the Maricopa County Department of Health Services and
sources locating on Indian lands.
[48 FR 19879, May 3, 1983, as amended at 68 FR 11321, Mar. 10, 2003; 68
FR 74488, Dec. 24, 2003]
Sec. 52.145 Visibility protection.
(a) The requirements of section 169A of the Clean Air Act are not
met, because the plan does not include approvable procedures for
protection of visibility in mandatory Class I Federal areas.
[[Page 183]]
(b) Regulations for visibility monitoring and new source review. The
provisions of Secs. 52.26, 52.27 and 52.28, are hereby incorporated and
made part of the applicable plan for the State of Arizona.
(c) Long-term strategy. The provisions of Sec. 52.29 are hereby
incorporated and made part of the applicable plan for the State of
Arizona.
(d) This paragraph is applicable to the fossil fuel-fired, steam-
generating equipment designated as Units 1, 2, and 3 at the Navajo
Generating Station in the Northern Arizona Intrastate Air Quality
Control Region (Sec. 81.270 of this chapter).
(1) Definitions.
Administrator means the Administrator of EPA or his/her designee.
Affected Unit(s) means the steam-generating unit(s) at the Navajo
Generating Station, all of which are subject to the emission limitation
in paragraph (d)(2) of this section, that has accumulated at least 365
boiler operating days since the passage of the date defined in paragraph
(d)(6) of this section applicable to it.
Boiler Operating Day for each of the boiler units at the Navajo
Generating Station is defined as a 24-hour calendar day (the period of
time between 12:01 a.m. and 12:00 midnight in Page, Arizona) during
which coal is combusted in that unit for the entire 24 hours.
Owner or Operator means the owner, participant in, or operator of
the Navajo Generating Station to which this paragraph is applicable.
Unit-Week of Maintenance means a period of 7 days during which a
fossil fuel-fired steam-generating unit is under repair, and no coal is
combusted in the unit.
(2) Emission limitation. No owner or operator shall discharge or
cause the discharge of sulfur oxides into the atmosphere in excess of 42
ng/J [0.10 pound per million British thermal units (lb/MMBtu)] heat
input.
(3) Compliance determination. Until at least one unit qualifies as
an affected unit, no compliance determination is appropriate. As each
unit qualifies for treatment as an affected unit, it shall be included
in the compliance determination. Compliance with this emission limit
shall be determined daily on a plant-wide rolling annual basis as
follows:
(i) For each boiler operating day at each steam generating unit
subject to the emission limitation in paragraph (d)(2) of this section,
the owner or operator shall record the unit's hourly SO2
emissions using the data from the continuous emission monitoring
systems, [required in paragraph (d)(4) of this section] and the daily
electric energy generated by the unit (in megawatt-hours) as measured by
the megawatt-hour meter for the unit.
(ii) Compute the average daily SO2 emission rate in ng/J
(lb/MMBtu) following the procedures set out in method 19, appendix A, 40
CFR part 60 in effect on October 3, 1991.
(iii) For each boiler operating day for each affected unit,
calculate the product of the daily SO2 emission rate
(computed according to paragraph (d)(3)(ii) of this section) and the
daily electric energy generated (recorded according to paragraph
(d)(3)(i) of this section) for each unit.
(iv) For each affected unit, identify the previous 365 boiler
operating days to be used in the compliance determination. Except as
provided in paragraphs (d)(9) and (d)(10) of this section, all of the
immediately preceding 365 boiler operating days will be used for
compliance determinations.
(v) Sum, for all affected units, the products of the daily
SO2 emission rate-electric energy generated (as calculated
according to paragraph (d)(3)(iii) of this section) for the boiler
operating days identified in paragraph (d)(3)(iv) of this section.
(vi) Sum, for all affected units, the daily electric energy
generated (recorded according to paragraph (d)(3)(i) of this section)
for the boiler operating days identified in paragraph (d)(3)(iv) of this
section.
(vii) Calculate the weighted plant-wide annual average
SO2 emission rate by dividing the sum of the products
determined according to paragraph (d)(3)(v) of this section by the sum
of the electric energy generated determined according to paragraph
(d)(3)(vi) of this section.
(viii) The weighted plant-wide annual average SO2
emission rate shall be used to determine compliance with the
[[Page 184]]
emission limitation in paragraph (d)(2) of this section.
(4) Continuous emission monitoring. The owner or operator shall
install, maintain, and operate continuous emission monitoring systems to
determine compliance with the emission limitation in paragraph (d)(2) of
this section as calculated in paragraph (d)(3) of this section. This
equipment shall meet the specifications in appendix B of 40 CFR part 60
in effect on October 3, 1991. The owner or operator shall comply with
the quality assurance procedures for continuous emission monitoring
systems found in appendix F of 40 CFR part 60 in effect on October 3,
1991.
(5) Reporting requirements. For each steam generating unit subject
to the emission limitation in paragraph (d)(2) of this section, the
owner or operator:
(i) Shall furnish the Administrator written notification of the
SO2, oxygen, and carbon dioxide emissions according to the
procedures found in 40 CFR Sec. 60.7 in effect on October 3, 1991.
(ii) Shall furnish the Administrator written notification of the
daily electric energy generated in megawatt-hours.
(iii) Shall maintain records according to the procedures in 40 CFR
60.7 in effect on October 3, 1991.
(iv) Shall notify the Administrator by telephone or in writing
within one business day of any outage of the control system needed for
compliance with the emission limitation in paragraph (d)(2) of this
section and shall submit a follow-up written report within 30 days of
the repairs stating how the repairs were accomplished and justifying the
amount of time taken for the repairs.
(6) Compliance dates. The requirements of this paragraph shall be
applicable to one unit at the Navajo Generating Station beginning
November 19, 1997, to two units beginning November 19, 1998, and to all
units beginning on August 19, 1999.
(7) Schedule of compliance. The owner or operator shall take the
following actions by the dates specified:
(i) By June 1, 1992, award binding contracts to an architectural and
engineering firm to design and procure the control system needed for
compliance with the emission limitation in paragraph (d)(2) of this
section.
(ii) By January 1, 1995, initiate on-site construction or
installation of a control system for the first unit.
(iii) By May 1, 1997, initiate start-up testing of the control
system for the first unit.
(iv) By May 1, 1998, initiate start-up testing of the control system
for the second unit.
(v) By February 1, 1999, initiate start-up testing of the control
system for the third unit.
The interim deadlines will be extended if the owner or operators can
demonstrate to the Administrator that compliance with the deadlines in
paragraph (d)(6) of this section will not be affected.
(8) Reporting on compliance schedule. Within 30 days after the
specified date for each deadline in the schedule of compliance
(paragraph (d)(7) of this section, the owner or operator shall notify
the Administrator in writing whether the deadline was met. If it was not
met the notice shall include an explanation why it was not met and the
steps which shall be taken to ensure future deadlines will be met.
(9) Exclusion for equipment failure during initial operation. For
each unit, in determining compliance for the first year that such unit
is required to meet the emission limitation in paragraph (d)(2) of this
section, periods during which one of the following conditions are met
shall be excluded:
(i) Equipment or systems do not meet designer's or manufacturer's
performance expectations.
(ii) Field installation including engineering or construction
precludes equipment or systems from performing as designed.
The periods to be excluded shall be determined by the Administrator
based on the periodic reports of compliance with the emission limitation
in paragraph (d)(2) of this section which shall identify the times
proposed for exclusion and provide the reasons for the exclusion,
including the reasons for the control system outage. The report also
shall describe the actions taken to avoid the outage, to minimize its
duration, and to reduce SO2 emissions at the plant to the
extent practicable
[[Page 185]]
while the control system was not fully operational. Whenever the time to
be excluded exceeds a cumulative total of 30 days for any control system
for any affected unit, the owner or operators shall submit a report
within 15 days addressing the history of and prognosis for the
performance of the control system.
(10) Exclusion for catastrophic failure. In addition to the
exclusion of periods allowed in paragraph (d)(9) of this section, any
periods of emissions from an affected unit for which the Administrator
finds that the control equipment or system for such unit is out of
service because of catastrophic failure of the control system which
occurred for reasons beyond the control of the owner or operators and
could not have been prevented by good engineering practices will be
excluded from the compliance determination. Events which are the
consequence of lack of appropriate maintenance or of intentional or
negligent conduct or omissions of the owner or operators or the control
system design, construction, or operating contractors do not constitute
catastrophic failure.
(11) Equipment operation. The owner or operator shall optimally
operate all equipment or systems needed to comply with the requirements
of this paragraph consistent with good engineering practices to keep
emissions at or below the emission limitation in paragraph (d)(2) of
this section, and following outages of any control equipment or systems
the control equipment or system will be returned to full operation as
expeditiously as practicable.
(12) Maintenance scheduling. On March 16 of each year starting in
1993, the owner or operator shall prepare and submit to the
Administrator a long-term maintenance plan for the Navajo Generating
Station which accommodates the maintenance requirements for the other
generating facilities on the Navajo Generating Station grid covering the
period from March 16 to March 15 of the next year and showing at least 6
unit-weeks of maintenance for the Navajo Generating Station during the
November 1 to March 15 period, except as provided in paragraph (d)(13)
of this section. This plan shall be developed consistent with the
criteria established by the Western States Coordinating Council of the
North American Electric Reliability Council to ensure an adequate
reserve margin of electric generating capacity. At the time that a plan
is transmitted to the Administrator, the owner or operator shall notify
the Administrator in writing if less than the full scheduled unit-weeks
of maintenance were conducted for the period covered by the previous
plan and shall furnish a written report stating how that year qualified
for one of the exceptions identified in paragraph (d)(13) of this
section.
(13) Exceptions for maintenance scheduling. The owner or operator
shall conduct a full 6 unit-weeks of maintenance in accordance with the
plan required in paragraph (d)(12) of this section unless the owner or
operator can demonstrate to the satisfaction of the Administrator that a
full 6 unit-weeks of maintenance during the November 1 to March 15
period should not be required because of the following:
(i) There is no need for 6 unit-weeks of scheduled periodic
maintenance in the year covered by the plan;
(ii) The reserve margin on any electrical system served by the
Navajo Generating Station would fall to an inadequate level, as defined
by the criteria referred to in paragraph (d)(12) of this section.
(iii) The cost of compliance with this requirement would be
excessive. The cost of compliance would be excessive when the economic
savings to the owner or operator of moving maintenance out of the
November 1 to March 15 period exceeds $50,000 per unit-day of
maintenance moved.
(iv) A major forced outage at a unit occurs outside of the November
1 to March 15 period, and necessary periodic maintenance occurs during
the period of forced outage.
If the Administrator determines that a full 6 unit-weeks of maintenance
during the November 1 to March 15 period should not be required, the
owner or operator shall nevertheless conduct that amount of scheduled
maintenance that is not precluded by the Administrator. Generally, the
owner or operator shall make best efforts to conduct as much scheduled
maintenance as
[[Page 186]]
practicable during the November 1 to March 15 period.
(e) Approval. On February 28, 2011, the Arizona Department of
Environmental Quality submitted the ``Arizona State Implementation Plan,
Regional Haze Under Section 308 of the Federal Regional Haze Rule''
(``Arizona Regional Haze SIP'').
(1) With the exception of the NOX BART determinations for
Units ST2 and ST3 at AEPCO Apache Generating Station; Units 2, 3, and 4
at APS Cholla Power Plant; and Units 1 and 2 at SRP Coronado Generating
Station, and the BART compliance provisions for all BART emissions
limits at the eight units at the three power plants, the BART
determinations for AEPCO Apache Generating Station, APS Cholla Power
Plant, and SRP Coronado Generating Station in the Arizona Regional Haze
SIP meet the applicable requirements of Clean Air Act sections 169A and
169B and the Regional Haze Rule in 40 CFR 51.301 through 51.308.
(2) The following portions of the Arizona Regional Haze SIP are
disapproved because they do not meet the applicable requirements of
Clean Air Act sections 169A and 169B and the Regional Haze Rule in 40
CFR 51.301 through 51.308:
(i) The determination that Unit I4 at TEP's Irvington [Sundt]
Generating Station is not BART-eligible;
(ii) The portions of the long-term strategy for regional haze
related to emission reductions for out-of-state Class I areas, emissions
limitations and schedules for compliance to achieve the reasonable
progress goal and enforceability of emissions limitations and control
measures.
(iii) The NOX BART determination for Units ST2 and ST3 at
AEPCO Apache Generating Station;
(iv) The NOX BART determination for Units 2, 3, and 4 at
APS Cholla Power Plant;
(v) The NOX BART determination for Units 1 and 2 at SRP
Coronado Generating Station; and
(vi) The BART compliance provisions for all BART emissions limits at
Units ST1, ST2 and ST3 at AEPCO Apache Generating Station, Units 2, 3,
and 4 at APS Cholla Power Plant, and Units 1 and 2 at SRP Coronado
Generating Station.
(f) Source-specific federal implementation plan for regional haze at
Apache Generating Station, Cholla Power Plant, and Coronado Generating
Station -- (1) Applicability. This paragraph (f) applies to each owner/
operator of the following coal-fired electricity generating units (EGUs)
in the state of Arizona: Apache Generating Station, Units 2 and 3;
Cholla Power Plant, Units 2, 3, and 4; and Coronado Generating Station,
Units 1 and 2. This paragraph (f) also applies to each owner/operator of
the following natural gas-fired EGUs in the state of Arizona: Apache
Generating Station Unit 1. The provisions of this paragraph (f) are
severable, and if any provision of this paragraph (f), or the
application of any provision of this paragraph (f) to any owner/operator
or circumstance, is held invalid, the application of such provision to
other owner/operators and other circumstances, and the remainder of this
paragraph (f), shall not be affected thereby.
(2) 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):
ADEQ means the Arizona Department of Environmental Quality.
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 unit.
Coal-fired unit means any of the EGUs identified in paragraph (f)(1)
of this section, except for Apache Generating Station, Unit 1.
Continuous emission monitoring system or CEMS means the equipment
required by 40 CFR Part 75 and this paragraph (f).
Emissions limitation or emissions limit means any of the Federal
Emission Limitations required by this paragraph (f) or any of the
applicable PM10 and SO2 emissions limits for
Apache Generating Station, Cholla Power Plant, and Coronado Generating
Station submitted to EPA as part of the Arizona Regional Haze SIP in a
letter dated February 28, 2011, and approved into
[[Page 187]]
the Arizona State Implementation Plan on December 5, 2012.
Flue Gas Desulfurization System or FGD means a pollution control
device that employs flue gas desulfurization technology, including an
absorber utilizing lime, fly ash, or limestone slurry, for the reduction
of sulfur dioxide emissions.
Group of coal-fired units mean Units 1 and 2 for Coronado Generating
Station; Units 2 and 3 for Apache Generating Station; and Units 2, 3,
and 4 for Cholla Power Plant.
lb means pound(s).
NOX means nitrogen oxides expressed as nitrogen dioxide
(NO2).
Owner(s)/operator(s) means any person(s) who own(s) or who
operate(s), control(s), or supervise(s) one or more of the units
identified in paragraph (f)(1) of this section.
MMBtu means million British thermal unit(s).
Operating hour means any hour that fossil fuel is fired in the unit.
PM10 means filterable total particulate matter less than 10 microns
and the condensable material in the impingers as measured by Methods
201A and 202.
Regional Administrator means the Regional Administrator of EPA
Region IX or his/her authorized representative.
SO2 means sulfur dioxide.
SO4 removal efficiency means the quantity of
SO2 removed as calculated by the procedure in paragraph
(f)(5)(iii)(B) of this section.
Unit means any of the EGUs identified in paragraph (f)(1) of this
section.
Valid data means data recorded when the CEMS is not out-of-control
as defined by Part 75.
(3) Federal emission limitations.--(i) NOX emission limitations. The
owner/operator of each coal-fired unit subject to this paragraph (f)
shall not emit or cause to be emitted NOX in excess of the
following limitations, in pounds per million British thermal units (lb/
MMBtu) from any group of coal-fired units. Each emission limit shall be
based on a rolling 30-boiler-operating-day average, unless otherwise
indicated in specific paragraphs.
------------------------------------------------------------------------
Federal
Group of coal-fired units emission
limitation
------------------------------------------------------------------------
Apache Generating Station Units 2 and 3................. 0.070
Cholla Power Plant Units 2, 3, and 4.................... 0.055
Coronado Generating Station Units 1and 2................ 0.065
------------------------------------------------------------------------
(ii) SO2 removal efficiency requirement. The owners/operators of
Cholla Power Plant Units 2, 3, and 4 shall achieve and maintain a 30-day
rolling average SO2 removal efficiency of 95 percent at each
unit.
(4) Compliance dates. (i) The owners/operators of each unit subject
to this paragraph (f) shall comply with the NOX emissions
limitations and other NOX-related requirements of this
paragraph (f) no later than December 5, 2017.
(ii) The owners/operators of each unit subject to this paragraph (f)
shall comply with the applicable PM10 and SO2
emissions limits submitted to EPA as part of the Arizona Regional Haze
SIP in a letter dated February 28, 2011, and approved into the Arizona
State Implementation Plan on December 5, 2012, as well as the related
compliance, recordkeeping and reporting of this paragraph (f) no later
than the following dates:
----------------------------------------------------------------------------------------------------------------
Compliance date
Unit ----------------------------------------------------------------------
PM10 SO2
----------------------------------------------------------------------------------------------------------------
Apache Generating Station, Unit 1........ June 3, 2013................ June 3, 2013.
Apache Generating Station, Unit 2........ December 5, 2016............ December 5, 2016.
Apache Generating Station, Unit 3........ December 5, 2016............ December 5, 2016.
Cholla Power Plant, Unit 2............... April 1, 2016............... April 1, 2016.
Cholla Power Plant, Unit 3............... June 3, 2013................ June 3, 2013.
Cholla Power Plant, Unit 4............... June 3, 2013................ June 3, 2013.
Coronado Generating Station, Unit 1...... June 3, 2013................ June 3, 2013.
Coronado Generating Station, Unit 2...... June 3, 2013................ June 3, 2013.
----------------------------------------------------------------------------------------------------------------
(iii) The owners/operators of Cholla Power Plant Units 2, 3 and 4
shall comply with the SO2 removal efficiency requirement in
paragraph (f)(5)(iii)(B) of
[[Page 188]]
this section all related compliance, recordkeeping and reporting
requirements no later than the following dates:
------------------------------------------------------------------------
------------------------------------------------------------------------
Cholla Power Plant, Unit 2................ April 1, 2016.
Cholla Power Plant, Unit 3................ December 5, 2013.
Cholla Power Plant, Unit 4................ December 5, 2013.
------------------------------------------------------------------------
(5) Compliance determinations for NOX and SO4--(i) Continuous
emission monitoring system.
(A) At all times after the compliance date specified in paragraph
(f)(4) of this section, the owner/operator of each coal-fired 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. In addition, the owner/operator of Cholla Units 2,
3, and 4 shall calibrate, maintain, and operate a CEMS, in full
compliance with the requirements found at 40 CFR Part 75, to accurately
measure SO2 emissions and diluent at the inlet of the sulfur
dioxide control device. Apache Unit 1 NOX and diluent CEMs
shall be operated to meet the requirements of Part 75. All valid CEMS
hourly data shall be used to determine compliance with the emission
limitations for NOX and SO2 in paragraph (f)(3) of
this section for each unit. When the CEMS is out-of-control as defined
by Part 75, that CEMs data shall be treated as missing data and not used
to calculate the emission average. Each required CEMS must obtain valid
data for at least 90 percent of the unit operating hours, on an annual
basis.
(B) The owner/operator of each unit shall comply with the quality
assurance procedures for CEMS found in 40 CFR Part 75. In addition to
these Part 75 requirements, relative accuracy test audits shall be
calculated for both the NOX and SO2 pounds per
hour measurement and the heat input measurement. The CEMs monitoring
data shall not be bias adjusted. The inlet SO2 and diluent
monitors required by this rule shall also meet the Quality Assurance/
Quality Control (QA/QC) requirements of Part 75. The testing and
evaluation of the inlet monitors and the calculations of relative
accuracy for lb/hr of NOX, SO2 and heat input
shall be performed each time the Part 75 CEMS undergo relative accuracy
testing. In addition, relative accuracy test audits shall be performed
in the units of lb/MMBtu for the inlet and outlet SO2
monitors at Cholla Units 2, 3, and 4. Heat input for Apache Unit 1 shall
be measured in accordance with Part 75 fuel gas measurement procedures
found in 40 CFR Part 75, Appendix D.
(ii) Compliance determinations for NOX. (A) The 30-day rolling
average NOX emission rate for each group of coal-fired units
shall be calculated for each calendar day, even if a unit is not in
operation on that calendar day, in accordance with the following
procedure: step one, for each unit, sum the hourly pounds of
NOX emitted during the current boiler-operating day (or most
recent boiler-operating day if the unit is not in operation), and the
preceding twenty-nine (29) boiler-operating days, to calculate the total
pounds of NOX emitted over the most recent thirty (30)
boiler-operating day period for each coal-fired unit; step two, for each
unit, sum the hourly heat input, in MMBtu, during the current boiler-
operating day (or most recent boiler-operating day if the unit is not in
operation), and the preceding twenty-nine (29) boiler-operating days, to
calculate the total heat input, in MMBtu, over the most recent thirty
(30) boiler-operating day period for each coal-fired unit; step 3, sum
together the total pounds of NOX emitted from the group of
coal-fired units over each unit's most recent thirty (30) boiler-
operating day period (the most recent 30 boiler-operating day periods
for different units may be different); step four, sum together the total
heat input from the group of coal-fired units over each unit's most
recent thirty (30) boiler-operating day period; and step five, divide
the total pounds of NOX emitted from step three by the total
heat input from step four for each group of coal-fired units, to
calculate the 30-day rolling average NOX emission rate for
each group of coal-fired units, in pounds of NOX per MMBtu,
for each calendar day. Each 30-day rolling average NOX
emission rate shall include all emissions and all heat input that occur
during all periods within any boiler-operating
[[Page 189]]
day, including emissions from startup, shutdown, and malfunction.
(B) The 30-day rolling average NOX emission rate for
Apache Unit 1 shall be calculated in accordance with the following
procedure: step one, sum the total pounds of NOX emitted from
the unit during the current boiler-operating day and the previous
twenty-nine (29) boiler-operating days; step two, sum the total heat
input to the unit in MMBtu during the current boiler-operating day and
the previous twenty-nine (29) boiler-operating days; and step three,
divide the total number of pounds of NOX emitted during the
thirty (30) boiler-operating days by the total heat input during the
thirty (30) boiler-operating days. A new 30-day rolling average
NOX emission rate shall be calculated for each new boiler-
operating day. Each 30-day rolling average NOX emission rate
shall include all emissions and all heat input that occur during all
periods within any boiler-operating day, including emissions from
startup, shutdown, and malfunction.
(C) 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 30-day
rolling average.
(iii) Compliance determinations for SO2. (A) The 30-day rolling
average SO2 emission rate for each coal-fired unit shall be
calculated in accordance with the following procedure: Step one, sum the
total pounds of SO2 emitted from the unit during the current
boiler-operating day and the previous twenty-nine (29) boiler-operating
days; step two, sum the total heat input to the unit in MMBtu during the
current boiler-operating day and the previous twenty-nine (29) boiler-
operating day; and step three, divide the total number of pounds of
SO2 emitted during the thirty (30) boiler-operating days by
the total heat input during the thirty (30) boiler-operating days. A new
30-day rolling average SO2 emission rate shall be calculated
for each new boiler-operating day. Each 30-day rolling average
SO2 emission rate shall include all emissions and all heat
input that occur during all periods within any boiler-operating day,
including emissions from startup, shutdown, and malfunction.
(B) The 30-day rolling average SO2 removal efficiency for
Cholla Units 2, 3, and 4 shall be calculated as follows: Step one, sum
the total pounds of SO2 emitted as measured at the outlet of
the FGD system for the unit during the current boiler-operating day and
the previous twenty-nine (29) boiler-operating days as measured at the
outlet of the FGD system for that unit; step two, sum the total pounds
of SO2 delivered to the inlet of the FGD system for the unit
during the current boiler-operating day and the previous twenty-nine
(29) boiler-operating days as measured at the inlet to the FGD system
for that unit (for each hour, the total pounds of SO2
delivered to the inlet of the FGD system for a unit shall be calculated
by measuring the ratio of the lb/MMBtu SO2 inlet to the lb/
MMBtu SO2 outlet and multiplying the outlet pounds of
SO2 by that ratio); step three, subtract the outlet
SO2 emissions calculated in step one from the inlet
SO2 emissions calculated in step two; step four, divide the
remainder calculated in step three by the inlet SO2 emissions
calculated in step two; and step five, multiply the quotient calculated
in step four by 100 to express as a percentage removal efficiency. A new
30-day rolling average SO2 removal efficiency shall be
calculated for each new boiler-operating day, and shall include all
emissions that occur during all periods within each boiler-operating
day, including emissions from startup, shutdown, and malfunction.
(C) If a valid SO2 pounds per hour at the outlet of the
FGD system 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-day rolling average.
(D) If both a valid inlet and outlet SO2 lb/MMBtu and an
outlet value of lb/hr of SO2 are not available for any hour,
that hour shall not be included in the efficiency calculation.
(6) Compliance determinations for particulate matter. Compliance
with the particulate matter emission limitation for each coal-fired unit
shall be determined from annual performance stack tests. Within sixty
(60) days of the compliance deadline specified in paragraph (f)(4) of
this section, and on at least an annual basis thereafter, the
[[Page 190]]
owner/operator of each unit shall conduct a stack test on each unit to
measure PM10 using EPA Method 5, in 40 CFR part 60, Appendix
A, or Method 201A/202 in 40 CFR Part 51, Appendix M. A test protocol
shall be submitted to EPA and ADEQ a minimum of 30 days prior to the
scheduled testing. The protocol shall identify which method(s) will be
used to demonstrate compliance. Each 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
in lb/MMBtu using the calculation in 40 CFR Part 60 Appendix A Method
19. In addition to annual stack tests, the owner/operator shall monitor
particulate emissions for compliance with the emission limitations in
accordance with the applicable Compliance Assurance Monitoring (CAM)
plan developed and approved in accordance with 40 CFR Part 64. The
averaging time for any other demonstration of the PM10
compliance or exceedance shall be based on a 6-hour average.
(7) Recordkeeping. The owner or operator of each unit shall maintain
the following records for at least five (5) years:
(i) All CEMS data, including the date, place, and time of sampling
or measurement; parameters sampled or measured; and results.
(ii) Daily 30-day rolling emission rates for NOX and
SO2 and SO2 removal efficiency, when applicable,
for each unit, calculated in accordance with paragraph (f)(5) of this
section.
(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 75.
(iv) Records of the relative accuracy test for hourly NOX
and SO2 lb/hr measurement and hourly heat input measurement.
(v) Records of all major maintenance activities conducted on
emission units, air pollution control equipment, and CEMS.
(vi) Any other records required by 40 CFR Part 75.
(8) Reporting. All reports and notifications under this paragraph
(f) shall be submitted to the Director of Enforcement Division, U.S. EPA
Region IX, at 75 Hawthorne Street, San Francisco, CA 94105.
(i) The owner/operator shall notify EPA within two weeks after
completion of installation of combustion controls or Selective Catalytic
Reactors on any of the units subject to this section.
(ii) Within 30 days after the applicable compliance date(s) in
paragraph (f)(4) of this section and within 30 days of every second
calendar quarter thereafter (i.e., semi-annually), the owner/operator of
each unit shall submit a report that lists the daily 30-day rolling
emission rates for NOX and SO2 for each unit and,
for Cholla Units 2, 3, and 4, the SO2 removal efficiency,
calculated in accordance with paragraph (f)(5) of this section. Included
in this report shall be the results of any relative accuracy test audit
performed during the two preceding calendar quarters.
(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.
(10) 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. Pollution control
equipment shall be designed and capable of operating properly to
minimize emissions during all expected operating conditions.
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.
[[Page 191]]
(11) Affirmative defense for malfunctions. The following regulations
are incorporated by reference and made part of this federal
implementation plan:
(i) R-18-2-101, paragraph 65;
(ii) R18-2-310, sections (A), (B), (D) and (E) only; and
(iii) R18-2-310.01.
(g) On May 3, 2013, the Arizona Department of Environmental Quality
(ADEQ) submitted the ``Arizona State Implementation Plan Revision,
Regional Haze Under Section 308 of the Federal Regional Haze Rule''
(``Arizona Regional Haze SIP Supplement'').
(1) The following portions of the Arizona Regional Haze SIP
Supplement are disapproved because they do not meet the applicable
requirements of Clean Air Act sections 169A and 169B and the Regional
Haze Rule in 40 CFR 51.301 through 51.308:
(i) The determination that the Chemical Lime Company's Nelson Lime
Plant is not subject-to-BART;
(ii) The determination that the Freeport McMoRan Miami Inc (FMMI)
Smelter is not subject to BART for NOX;
(iii) The determination that existing controls constitute BART for
SO2 at the Freeport McMoRan Miami Inc (FMMI) Smelter;
(iv) The determination that the ASARCO Hayden smelter is not subject
to BART for NOX and PM10;
(v) The determination that existing controls constitute BART for
SO2 at ASARCO Hayden Smelter;
(vi) The reasonable progress goals for the first planning period;
(vii) The determination that no additional controls for point
sources of NOX are reasonable for the first planning period;
and
(viii) The determination that no additional controls for area
sources of NOX and SO2 are reasonable for the
first planning period.
(2) [Reserved]
(h) Disapproval. The following portions of the Arizona SIP are
disapproved because they do not meet the applicable requirements of
Clean Air Act sections 169A and 169B and the Regional Haze Rule at 40
CFR 51.309:
(1) Regional Haze State Implementation Plan for the State of Arizona
(``Arizona 309 Regional Haze SIP'') submitted by the Arizona Department
of Environmental Quality on December 23, 2003, with the exception of
Chapter 5 (Strategy to Address Reasonably Attributable Visibility
Impairment (RAVI)) and Appendix A-5 (Attributable Impairment).
(2) The Arizona Regional Haze State Implementation Plan Revision
submitted by the Arizona Department of Environmental Quality on December
31, 2004, with the exception of the provisions already approved at 40
CFR 52.120(c)(131).
(3) Letter from Stephen A. Owens, Director, Arizona Department of
Environmental Quality, dated December 24, 2008 re: Submittal of Arizona
Regional Haze State Implementation Plan.
[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987;
56 FR 50186, Oct. 3, 1991; 61 FR 14975, Apr. 4, 1996; 77 FR 72577, Dec.
5, 2012; 78 FR 46175, July 30, 2013; 78 FR 48330, Aug. 8, 2013]
Sec. 52.146 Particulate matter (PM-10) Group II SIP commitments.
(a) On December 28, 1988, the Governor's designee for Arizona
submitted a revision to the State Implementation Plan (SIP) for Casa
Grande, Show Low, Safford, Flagstaff and Joseph City, that contains
commitments, from the Director of the Arizona Department of
Environmental Quality, for implementing all of the required activities
including monitoring, reporting, emission inventory, and other tasks
that may be necessary to satisfy the requirements of the PM-10 Group II
SIPs.
(b) The Arizona Department of Environmental Quality has committed to
comply with the PM-10 Group II State Implementation Plan (SIP)
requirements for Casa Grande, Show Low, Safford, Flagstaff and Joseph
City as provided in the PM-10 Group II SIPs for these areas.
(c) On December 28, 1988, the Governor's designee for Arizona
submitted a revision to the State Implementation Plan (SIP) for Ajo,
that contains commitments from the Director of the Arizona Department of
Environmental Quality, for implementing all of the required activities
including monitoring, reporting, emission inventory, and other tasks
that may be necessary to
[[Page 192]]
satisfy the requirements of the PM-10 Group II SIPs.
(d) The Arizona Department of Environmental Quality has committed to
comply with the PM-10 Group II State Implementation Plan (SIP)
requirements.
[55 FR 17437, Apr. 25, 1990 and 55 FR 18108, May 1, 1990]
Sec. 52.147 Interstate transport.
(a) Approval. The SIP submitted on May 24, 2007 meets the
requirements of Clean Air Act section 110(a)(2)(D)(i)(I) (contribute
significantly to nonattainment or interfere with maintenance of the
NAAQS in any other state) and section 110(a)(2)(D)(i)(II) (interfere
with measures in any other state to prevent significant deterioration of
air quality, only) for the 1997 8-hour ozone and 1997 PM2.5
NAAQS.
(b) Disapproval. The SIPs submitted on May 24, 2007, February 28,
2011, and May 3, 2013 do not meet the requirements of Clean Air Act
section 110(a)(2)(D)(i)(II) (interfere with measures in any other state
to protect visibility, only) for the 1997 8-hour ozone and 1997
PM2.5 NAAQS.
(c) Approval. The SIP submitted on October 14, 2009 meets the
requirements of Clean Air Act section 110(a)(2)(D)(i)(I) (contribute
significantly to nonattainment or interfere with maintenance of the
NAAQS in any other state) for the 2006 PM2.5 NAAQS.
(d) Disapproval. The SIPs submitted on October 14, 2009 and August
24, 2012 do not meet the requirements of Clean Air Act section
110(a)(2)(D)(i)(II) (interfere with measures in any other state to
prevent significant deterioration of air quality, only) for the 2006
PM2.5 NAAQS.
(e) Disapproval. The SIPs submitted on October 14, 2009, February
28, 2011, and May 3, 2013 do not meet the requirements of Clean Air Act
section 110(a)(2)(D)(i)(II) (interfere with measures in any other state
to protect visibility, only) for the 2006 PM2.5 NAAQS.
[78 FR 46175, July 30, 2013]
Sec. 52.150 Yavapai-Apache Reservation.
(a) The provisions for prevention of significant deterioration of
air quality at 40 CFR 52.21 are applicable to the Yavapai-Apache
Reservation, pursuant to Sec. 52.21(a).
(b) In accordance with section 164 of the Clean Air Act and the
provisions of 40 CFR 52.21(g), the Yavapai-Apache Indian Reservation is
designated as a Class I area for the purposes of preventing significant
deterioration of air quality.
[61 FR 56470, Nov. 1, 1996]
Sec. 52.151 Operating permits.
Insofar as the permitting threshold provisions in the Pinal County
Code of Regulations for the Pinal County Air Quality Control District
concern the treatment of sources of greenhouse gas emissions as major
sources for purposes of title V operating permits, EPA approves such
provisions only to the extent they require permits for such sources
where the source emits or has the potential to emit at least 100,000 tpy
CO2 equivalent emissions, as well as 100 tpy on a mass basis,
as of July 1, 2011.
[75 FR 82266, Dec. 30, 2010]
Subpart E_Arkansas
Sec. 52.170 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
Implementation Plan (SIP) for Arkansas under section 110 of the Clean
Air Act, 42 U.S.C. 7410, and 40 CFR part 51 to meet national ambient air
quality standards.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to December
1, 2005, was approved for incorporation by reference by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Material is incorporated as it exists on the date of the approval,
and notice of any change in the material will be published in the
Federal Register. Entries in paragraphs (c) and (d) of this section with
EPA approval dates after December 1, 2005, will be incorporated by
reference in the next update to the SIP compilation.
(2) EPA Region 6 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in
[[Page 193]]
paragraph (b)(3) of this section are an exact duplicate of the
officially promulgated State rules/regulations that have been approved
as part of the State implementation plan as of December 1, 2005.
(3) Copies of the materials incorporated by reference may be
inspected at the Region 6 EPA Office at 1445 Ross Avenue, Suite 700,
Dallas, Texas, 75202-2733; the EPA, Air and Radiation Docket and
Information Center, Air Docket (6102), 401 M St., SW., Washington, DC
20460; or at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.
(c) EPA approved regulations.
EPA-Approved Regulations in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
State
submittal/
State citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
Regulation No. 19: Regulations of the Arkansas Plan of Implementation for Air Pollution Control
Chapter 1: Title, Intent and Purpose
----------------------------------------------------------------------------------------------------------------
Reg. 19.101.................... Title............. 02/03/05 04/12/07 (72 FR
18394).
Reg. 19.102.................... Applicability..... 02/03/05 04/12/07 (72 FR
18394).
Reg. 19.103.................... Intent and 02/03/05 04/12/07 (72 FR
Construction. 18394).
Reg. 19.104.................... Severability...... 02/03/05 04/12/07 (72 FR
18394).
----------------------------------------------------------------------------------------------------------------
Chapter 2: Definitions
----------------------------------------------------------------------------------------------------------------
Chapter 2...................... Definitions....... 02/03/05 04/12/07 (72 FR
18394).
----------------------------------------------------------------------------------------------------------------
Chapter 3: Protection of the National Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Reg. 19.301.................... Purpose........... 02/03/05 04/12/07 (72 FR
18394).
Reg. 19.302.................... Department 02/03/05 04/12/07 (72 FR
Responsibilities. 18394).
Reg. 19.303.................... Regulated Sources 02/03/05 04/12/07 (72 FR
Responsibilities. 18394).
Reg. 19.304.................... Delegated Federal 07/03/06 04/12/07 (72 FR
Programs. 18394).
----------------------------------------------------------------------------------------------------------------
Chapter 4: Minor Source Review
----------------------------------------------------------------------------------------------------------------
Reg. 19.401.................... General 02/03/05 04/12/07 (72 FR
Applicability. 18394).
Reg. 19.402.................... Approval Criteria. 02/03/05 04/12/07 (72 FR
18394).
Reg. 19.403.................... Owner/Operator's 02/03/05 04/12/07 (72 FR
Responsibilities. 18394).
Reg. 19.404.................... Required 02/03/05 04/12/07 (72 FR
Information. 18394).
Reg. 19.405.................... Action on 02/03/05 04/12/07 (72 FR
Application. 18394).
Reg. 19.406.................... Public 02/03/05 04/12/07 (72 FR
Participation. 18394).
Reg. 19.407.................... Permit Amendments. 02/03/05 04/12/07 (72 FR
18394).
Reg. 19.408.................... Exemption from 02/03/05 04/12/07 (72 FR
Permitting. 18394).
Reg. 19.409.................... Transition........ 02/03/05 04/12/07 (72 FR
18394).
Reg. 19.410.................... Permit Revocation 02/03/05 04/12/07 (72 FR
and Cancellation. 18394).
Reg. 19.411.................... General Permits... 02/03/05 04/12/07 (72 FR
18394).
Reg. 19.412.................... Dispersion 02/03/05 04/12/07 (72 FR
Modeling. 18394).
Reg. 19.413.................... Confidentiality... 02/03/05 04/12/07 (72 FR
18394).
----------------------------------------------------------------------------------------------------------------
Chapter 5: General Emission Limitations Applicability to Equipment
----------------------------------------------------------------------------------------------------------------
Reg. 19.501.................... Purpose........... 02/03/05 04/12/07 (72 FR
18394).
Reg. 19.502.................... General 02/03/05 04/12/07 (72 FR
Regulations. 18394).
Reg. 19.503.................... Visible Emission 02/03/05 04/12/07 (72 FR
Regulations. 18394).
Reg. 19.504.................... Stack Height/ 02/03/05 04/12/07 (72 FR
Dispersion 18394).
Regulations.
Reg. 19.505.................... Revised Emission 02/03/05 04/12/07 (72 FR
Limitation. 18394).
----------------------------------------------------------------------------------------------------------------
Chapter 6: Upset and Emergency Conditions
----------------------------------------------------------------------------------------------------------------
Reg. 19.601.................... Upset Conditions.. 02/03/05 04/12/07 (72 FR
18394).
Reg. 19.602.................... Emergency 02/03/05 04/12/07 (72 FR
Conditions. 18394).
----------------------------------------------------------------------------------------------------------------
Chapter 7: Sampling, Monitoring, and Reporting Requirements
----------------------------------------------------------------------------------------------------------------
Reg. 19.701.................... Purpose........... 02/03/05 04/12/07 (72 FR
18394).
Reg. 19.702.................... Air Emission 02/03/05 04/12/07 (72 FR
Sampling. 18394).
Reg. 19.703.................... Continuous 02/03/05 04/12/07 (72 FR
Emission 18394).
Monitoring.
Reg. 19.704.................... Notice of 02/03/05 04/12/07 (72 FR
Completion. 18394).
Reg. 19.705.................... Recordkeeping and 6/22/07 1/15/09 (74 FR
Reporting 2383).
Requirements.
[[Page 194]]
Reg. 19.706.................... Public 02/03/05 04/12/07 (72 FR
Availability of 18394).
Emissions Data.
----------------------------------------------------------------------------------------------------------------
Chapter 9: Prevention of Significant Deterioration
----------------------------------------------------------------------------------------------------------------
Reg. 19.901.................... Title............. 02/03/05 04/12/07 (72 FR
18394).
Reg. 19.902.................... Purposes.......... 1/25/2009 4/2/13 (78 FR
19596).
Reg 19.903..................... Definitions....... 1/25/2009 4/2/13 (78 FR
19596).
Reg 19.904..................... Adoption of 11/18/2012 4/2/13 (78 FR
Regulations. 19596).
----------------------------------------------------------------------------------------------------------------
Chapter 10: Regulations for the Control of Volatile Organic Compounds in Pulaski County
----------------------------------------------------------------------------------------------------------------
Reg. 19.1001................... Title............. 02/03/05 04/12/07 (72 FR
18394).
Reg. 19.1002................... Purpose........... 02/03/05 04/12/07 (72 FR
18394).
Reg. 19.1003................... Definitions....... 02/03/05 04/12/07 (72 FR
18394).
Reg. 19.1004................... General Provisions 02/03/05 04/12/07 (72 FR
18394).
Reg. 19.1005................... Provisions for 02/03/05 04/12/07 (72 FR
Specific 18394).
Processes.
Reg. 19.1006................... Severability...... 02/03/05 04/12/07 (72 FR
18394).
----------------------------------------------------------------------------------------------------------------
Chapter 11: Major Source Permitting Procedures
----------------------------------------------------------------------------------------------------------------
Chapter 11..................... Major Source 02/03/05 04/12/07 (72 FR
Permitting 18394).
Procedures.
----------------------------------------------------------------------------------------------------------------
Chapter 13: Stage I Vapor Recovery
----------------------------------------------------------------------------------------------------------------
Reg. 19.1301................... Purpose........... 02/03/05 04/12/07 (72 FR
18394).
Reg. 19.1302................... Applicability..... 02/03/05 04/12/07 (72 FR
18394).
Reg. 19.1303................... Definitions....... 02/03/05 04/12/07 (72 FR
18394).
Reg. 19.1304................... Exemptions........ 02/03/05 04/12/07 (72 FR
18394).
Reg. 19.1305................... Prohibited 02/03/05 04/12/07 (72 FR
Activities. 18394).
Reg. 19.1306................... Record Keeping.... 02/03/05 04/12/07 (72 FR
18394).
Reg. 19.1307................... Inspections....... 02/03/05 04/12/07 (72 FR
18394).
Reg. 19.1308................... Vapor Recovery 02/03/05 04/12/07 (72 FR
Systems. 18394).
Reg. 19.1309................... Gasoline Delivery 02/03/05 04/12/07 (72 FR
Vessels. 18394).
Reg. 19.1310................... Owner/Operator 02/03/05 04/12/07 (72 FR
Responsibility. 18394).
Reg. 19.1311................... Test Methods...... 02/03/05 04/12/07 (72 FR
18394).
Reg. 19.1312................... Effective Date.... 02/03/05 04/12/07 (72 FR
18394).
----------------------------------------------------------------------------------------------------------------
Chapter 14--CAIR NOX Ozone Season Trading Program General Provisions
----------------------------------------------------------------------------------------------------------------
Reg. 19.1401................... Adoption of 9/16/2009 4/17/2014 (79 FR
Regulations. 21631).
Reg. 19.1402................... State Trading 07/15/07 09/26/07 (72 FR
Budget. 54556).
Reg. 19.1403................... Timing 07/15/07 09/26/07 (72 FR
Requirements for 54556).
CAIR NOX Ozone
Season Allowance
Allocations.
Reg. 19.1404................... CAIR NOX Ozone 9/16/2009 4/17/2014 (79 FR
Season Allowance 21631).
Allocations.
----------------------------------------------------------------------------------------------------------------
Chapter 15: Regional Haze
----------------------------------------------------------------------------------------------------------------
Reg. 19.1501................... Purpose........... 1/25/2009 3/12/2012 (77 FR
14604).
Reg, 19.1502................... Definitions....... 1/25/2009 3/12/2012 (77 FR
14604).
Reg. 19.1503................... BART Eligible 1/25/2009 3/12/2012 (77 FR
Sources. 14604).
Reg. 19.1504................... Facilities Subject- 1/25/2009 3/12/2012 (77 FR Under (A): The
to-BART. 14604). identification of sources
subject to BART is
approved, except for not
identifying the 6A and 9A
Boilers at the Georgia
Pacific Crossett Mill,
which we find are subject
to BART.
[[Page 195]]
Under (B): The requirement
for BART installation and
operation as
expeditiously as
practicable, but no later
than 5 years after EPA
approval is partially
approved and partially
disapproved, such that
the partial approval is
for the BART
determinations we are
approving and the partial
disapproval is for the
BART determinations we
are disapproving; and the
requirement for BART
installation and
operation no later than 6
years after the effective
date of the State
regulation is
disapproved.
Reg. 19.1505................... BART Requirements. 1/25/2009 3/12/2012 (77 FR The following portions of
14604). Reg. 19.1505 are
disapproved: (A)(1) and
(2), (B), (C), (D)(1) and
(2), (E), (F)(1) and (2),
(G)(1) and (2), (H),
(I)(1) and (2), (J)(1)
and (2), (K), (L),
(M)(1), and (N).
Reg. 19.1506................... Compliance 1/25/2009 3/12/2012 (77 FR The requirement to
Provisions. 14604). demonstrate compliance
with the BART limits
listed in Reg. 19.1505
(A)(1) and (2), (B), (C),
(D)(1) and (2), (E),
(F)(1) and (2), (G)(1)
and (2), (H), (I)(1) and
(2), (J)(1) and (2), (K),
(L), (M)(1), and (N) is
disapproved.
Reg. 19.1507................... Permit Reopening.. 1/25/2009 3/12/2012 (77 FR
14604).
----------------------------------------------------------------------------------------------------------------
Appendix A: Insignificant Activities List
----------------------------------------------------------------------------------------------------------------
Appendix A..................... Insignificant 02/03/05 04/12/07 (72 FR
Activities List. 18394).
----------------------------------------------------------------------------------------------------------------
Regulation 26: Regulations of the Arkansas Operating Permit Program
----------------------------------------------------------------------------------------------------------------
Chapter 3: Requirements for Permit Applicability
----------------------------------------------------------------------------------------------------------------
Section 26.301................. Requirement for a 08/10/00 10/9/01 (66 FR
permit. 51312).
Section 26.302................. Sources subject to 08/10/00 10/9/01 (66 FR
permitting. 51312).
----------------------------------------------------------------------------------------------------------------
Chapter 4: Applications for Permits
----------------------------------------------------------------------------------------------------------------
Section 26.401................. Duty to apply..... 08/10/00 10/9/01 (66 FR
51312).
Section 26.402................. Standard 08/10/00 10/9/01 (66 FR
application form 51312).
and required
information.
Section 26.407................. Complete 08/10/00 10/9/01 (66 FR
application. 51312).
Section 26.409................. Applicants duty to 08/10/00 10/9/01 (66 FR
supplement 51312).
correct
application.
Section 26.410................. Certification by 08/10/00 10/9/01 (66 FR
responsible 51312).
official.
----------------------------------------------------------------------------------------------------------------
Chapter 5: Action on Application
----------------------------------------------------------------------------------------------------------------
Section 26.501................. Action on part 70 08/10/00 10/9/01 (66 FR Subsection B Not in SIP.
permit 51312).
applications.
Section 26.502................. Final action on 08/10/00 10/9/01 (66 FR
permit 51312).
application.
----------------------------------------------------------------------------------------------------------------
[[Page 196]]
Chapter 6: Permit Review by the Public, Affected States, and EPA
----------------------------------------------------------------------------------------------------------------
Section 26.601................. Untitled 08/10/00 10/9/01 (66 FR
introduction to 51312).
Chapter 6.
Section 26.602................. Public 08/10/00 10/9/01 (66 FR Only Subsection A(1),
participation. 51312). A(2), A(5) and D in SIP.
Section 26.603................. Transmission of 08/10/00 10/9/01 (66 FR
permit 51312).
information to
the Administrator.
Section 26.604................. Review of draft 08/10/00 10/9/01 (66 FR
permit by 51312).
affected States.
----------------------------------------------------------------------------------------------------------------
Regulation No. 31: Nonattainment New Source Review Requirements
Chapter 1: Title, Intent, and Purpose
----------------------------------------------------------------------------------------------------------------
Reg. 31.101.................... Title............. 07/03/06 04/12/07 (72 FR
18394).
Reg. 31.102.................... Applicability..... 07/03/06 04/12/07 (72 FR
18394).
Reg. 31.103.................... Severability...... 07/03/06 04/12/07 (72 FR
18394).
----------------------------------------------------------------------------------------------------------------
Chapter 2: Definitions
----------------------------------------------------------------------------------------------------------------
Chapter 2...................... Definitions....... 07/03/06 04/12/07 (72 FR
18394).
----------------------------------------------------------------------------------------------------------------
Chapter 3: Preconstruction review
----------------------------------------------------------------------------------------------------------------
Reg. 31.301.................... Requirement for a 07/03/06 04/12/07 (72 FR
Permit. 18394).
Reg. 31.302.................... Required 07/03/06 04/12/07 (72 FR
Information. 18394).
Reg. 31.303.................... Approval Criteria. 07/03/06 04/12/07 (72 FR
18394).
Reg. 31.304.................... Offsets........... 07/03/06 04/12/07 (72 FR
18394).
Reg. 31.305.................... Zones Targeted for 07/03/06 04/12/07 (72 FR
Economic 18394).
Development.
Reg. 31.306.................... Control Technology 07/03/06 04/12/07 (72 FR
Information. 18394).
Reg. 31.307.................... Approval to 07/03/06 04/12/07 (72 FR
Construct. 18394).
Reg. 31.308.................... Applicability of 07/03/06 04/12/07 (72 FR
Nonattainment 18394).
Review.
Reg. 31.309.................... Applicability of 07/03/06 04/12/07 (72 FR
Other Regulations. 18394).
----------------------------------------------------------------------------------------------------------------
Chapter 4: Applicability Tests
----------------------------------------------------------------------------------------------------------------
Reg. 31.401.................... Actual-to- 07/03/06 04/12/07 (72 FR
Projected-Actual 18394).
Applicability
Test.
Reg. 31.402.................... Actual-to- 07/03/06 04/12/07 (72 FR
Potential Test. 18394).
Reg. 31.403.................... [Reserved]........ 07/03/06 04/12/07 (72 FR
18394).
Reg. 31.404.................... [Reserved]........ 07/03/06 04/12/07 (72 FR
18394).
Reg. 31.405.................... Emission Baseline 07/03/06 04/12/07 (72 FR
Credits. 18394).
Reg. 31.406.................... Relaxation of 07/03/06 04/12/07 (72 FR
Limits. 18394).
Reg. 31.407.................... Modifications to 07/03/06 04/12/07 (72 FR
Existing Units. 18394).
Reg. 31.408.................... Public 07/03/06 04/12/07 (72 FR
Availability of 18394).
Information.
Reg. 31.409.................... Applicability of 07/03/06 04/12/07 (72 FR
Nitrogen Oxides. 18394).
Reg. 31.410.................... Offset 07/03/06 04/12/07 (72 FR
Requirements. 18394).
Reg. 31.411.................... PM10 Precursors... 07/03/06 04/12/07 (72 FR
18394).
----------------------------------------------------------------------------------------------------------------
Chapter 5: [Reserved]
Chapter 6: [Reserved]
Chapter 7: [Reserved]
----------------------------------------------------------------------------------------------------------------
Chapter 8: Actual PALS
----------------------------------------------------------------------------------------------------------------
Reg. 31.801.................... Applicability..... 07/03/06 04/12/07 (72 FR
18394).
Reg. 31.802.................... Definitions....... 07/03/06 04/12/07 (72 FR
18394).
Reg. 31.803.................... Permit Application 07/03/06 04/12/07 (72 FR
Requirements. 18394).
Reg. 31.804.................... General 07/03/06 04/12/07 (72 FR
Requirements for 18394).
Establishing PALs.
Reg. 31.805.................... Public 07/03/06 04/12/07 (72 FR
Participation 18394).
Requirement for
PALs.
Reg. 31.806.................... Setting the 10- 07/03/06 04/12/07 (72 FR
year Actuals PAL 18394).
Level.
Reg. 31.807.................... Contents of the 07/03/06 04/12/07 (72 FR
PAL Permit. 18394).
Reg. 31.808.................... Reopening of the 07/03/06 04/12/07 (72 FR
PAL Permit. 18394).
Reg. 31.809.................... PAL Effective 07/03/06 04/12/07 (72 FR
Period. 18394).
Reg. 31.810.................... Expiration of a 07/03/06 04/12/07 (72 FR
PAL. 18394).
Reg. 31.811.................... Renewal of a PAL.. 07/03/06 04/12/07 (72 FR
18394).
Reg. 31.812.................... Increasing a PAL 07/03/06 04/12/07 (72 FR
During the PAL 18394).
Effective Period.
Reg. 31.813.................... Monitoring 07/03/06 04/12/07 (72 FR
Requirements for 18394).
PALs.
[[Page 197]]
Reg. 31.814.................... Recordkeeping 07/03/06 04/12/07 (72 FR
Requirements. 18394).
Reg. 31.815.................... Reporting and 07/03/06 04/12/07 (72 FR
Notification 18394).
Requirements.
Reg. 31.816.................... Transition 07/03/06 04/12/07 (72 FR
Requirements. 18394).
----------------------------------------------------------------------------------------------------------------
Chapter 9: Effective Date
----------------------------------------------------------------------------------------------------------------
Reg. 31.901.................... Effective Date.... 07/03/06 04/12/07 (72 FR
18394).
----------------------------------------------------------------------------------------------------------------
Arkansas Regulation No. 9: Permit Fees
----------------------------------------------------------------------------------------------------------------
Section 1...................... Purpose........... 12/16/85 11/12/86 (51 FR Ref 52.200(c)(24).
40975).
Section 2...................... Short Title....... 12/16/85 11/12/86 (51 FR Ref 52.200(c)(24).
40975).
Section 3...................... Definitions....... 12/16/85 11/12/86 (51 FR Ref 52.200(c)(24).
40975).
Section 4...................... Applicability..... 12/16/85 11/12/86 (51 FR Ref 52.200(c)(24).
40975).
Section 5...................... Maximum Fees...... 12/16/85 11/12/86 (51 FR Ref 52.200(c)(24).
40975).
Section 6...................... Retroactivity..... 12/16/85 11/12/86 (51 FR Ref 52.200(c)(24).
40975).
Section 7...................... Permit Fee Payment 12/16/85 11/12/86 (51 FR Ref 52.200(c)(24).
40975).
Section 8...................... Refunds........... 12/16/85 11/12/86 (51 FR Ref 52.200(c)(24).
40975).
Section 9...................... Solid Waste Fee... ........... .................. NOT IN SIP.
Section 10..................... Fee Schedule...... 12/16/85 11/12/86 (51 FR Ref 52.200(c)(24).
40975).
Section 11..................... Review of Fees.... 12/16/85 11/12/86 (51 FR Ref 52.200(c)(24).
40975).
Section 12..................... Severability...... 12/16/85 11/12/86 (51 FR Ref 52.200(c)(24).
40975).
Section 13..................... Appeals........... 12/16/85 11/12/86 (51 FR Ref 52.200(c)(24).
40975).
Section 14..................... Effective Date.... 12/16/85 11/12/86 (51 FR Ref 52.200(c)(24).
40975).
----------------------------------------------------------------------------------------------------------------
(d) EPA-approved State source-specific requirements.
EPA-Approved Arkansas Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
State
approval/ EPA
Name of source Permit No. effective approval Comments
date date
----------------------------------------------------------------------------------------------------------------
None.
----------------------------------------------------------------------------------------------------------------
(e) EPA-approved nonregulatory provisions and quasi-regulatory
measures.
EPA-Approved Statutes in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
State
submittal/
State citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
Arkansas Water and Air Pollution Control Act--Part I
----------------------------------------------------------------------------------------------------------------
82.1901........................ Title of Act...... 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
10841).
82.1902........................ Definitions....... 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
10841).
82.1903........................ Pollution Control 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
Commission. 10841).
82.1904........................ Powers and Duties 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
of Commission. 10841).
82.1905........................ Persons Operating 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
Disposal System-- 10841).
Furnishing
Information and
Permitting
Examinations and
Surveys.
82.1906........................ Hearing Before 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
Commission or 10841).
Member--Appeal
Procedure.
82.1907........................ Co-operation with 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
Agency of Another 10841).
State or United
States.
82.1908........................ Actions Declared 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
Public Nuisance-- 10841).
Permit to
Construct, Make
Changes in or
Operate Disposal
System--Submissio
n of Plans.
[[Page 198]]
82.1909........................ Violation of Act a 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
Misdemeanor--Poll 10841).
ution a Nuisance--
Abatement.
----------------------------------------------------------------------------------------------------------------
Arkansas Environmental Permit Fees Act (Act 817 of 1983)
----------------------------------------------------------------------------------------------------------------
82-1916 thru 82-1921........... Permit Fees Act... 12/16/85 11/12/86 (51 FR Ref 522.200(c)(24).
40975).
----------------------------------------------------------------------------------------------------------------
Arkansas Water and Air Pollution Control Act--Part II
----------------------------------------------------------------------------------------------------------------
82-1931........................ Air Pollution- 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
State Policy. 10841).
82-1932........................ Purpose of Act.... 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
10841).
82-1933........................ Definitions....... 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
10841).
82-1934........................ Exemptions........ 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
10841).
82-1935........................ Powers of 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
Commission. 10841).
82-1936........................ Factors in 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
Exercise of 10841).
Commission Powers.
82-1937........................ Industrial Secrets 11/25/85 08/04/86 (51 FR Ref 52.200(c)(23).
Confidential--Rev 27840).
ealing a
Misdemeanor.
82-1938........................ Unlawful Acts..... 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
10841).
82-1939........................ Variance from 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
Regulations. 10841).
82-1940........................ Application of 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
Water Pollution 10841).
Provisions.
82-1941........................ Political 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
Subdivision 10841).
Forbidden to
Legislate on Air
Pollution.
82-1942........................ Radiation Control 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
Law Not Amended 10841).
or Repealed--No
Authority to
Commission Over
Employer-Employee
Relationships.
82-1943........................ Private Rights 01/28/72 05/31/72 (37 FR Ref 52.200(a) & (b).
Unchanged. 10841).
----------------------------------------------------------------------------------------------------------------
Small Business Assistance Program Act (Act 251 of 1993)
----------------------------------------------------------------------------------------------------------------
Act 251........................ SBAP Act.......... 02/26/93 03/08/95 (60 FR Ref 52.200(c)(31).
12691).
----------------------------------------------------------------------------------------------------------------
EPA-Approved Control Measures in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
State
Applicable submittal/
Control measures geographic or effective EPA approval date Explanation
nonattainment area date
----------------------------------------------------------------------------------------------------------------
Air Quality Surveillance....... Statewide......... 04/24/80 08/06/81 (46 FR Ref 52.200(c)(6) & (20).
40005).
Lead SIP....................... Statewide......... 12/10/79 04/16/82 (47 FR Ref 52.200(c)(17).
16328).
Protection of Visibility in Statewide......... 06/12/85 02/10/86 (51 FR Ref 52.200(c)(22).
Mandatory Class I Federal 4910).
Areas.
Part II of the Visibility Statewide......... 10/09/87 07/21/88 (53 FR Ref 52.200(c)(25).
Protection Plan. 27514).
Good Engineering Practice Stack Statewide......... 06/1/87 02/23/89 (54 FR Ref 52.200(c)(26).
Height Regulations. 7764).
Small Business Stationary Statewide......... 11/06/92 03/08/95 (60 FR Ref 52.200(c)(31).
Source Technical and 12691).
Environmental Compliance
Assistance Program.
----------------------------------------------------------------------------------------------------------------
[[Page 199]]
EPA-Approved Non-Regulatory Provisions and Quasi-Regulatory Measures in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
State
Applicable submittal/
Name of SIP provision geographic or effective EPA approval date Explanation
nonattainment area date
----------------------------------------------------------------------------------------------------------------
Emissions Inventory for Crittenden County... 6/22/07 1/15/09 (74 FR
Crittenden County. 2383).
8-Hour Ozone Maintenance plan for Crittenden, Shelby 2/26/09 3/24/10 (75 FR
the Crittenden County, Arkansas County. 14077).
Area.
Interstate Transport for the 1997 Statewide........... 3/28/08 3/12/12 (77 FR Noninterference with
ozone and PM2.5 NAAQS 14604). measures required
(Noninterference with measures to protect
required to protect visibility visibility in any
in any other State). other State
partially approved
3/12/12.
Regional Haze SIP................ Statewide........... 9/23/08, 8/3/ 3/12/12 (77 FR The following
10 14604). portions are
partially approved
and partially
disapproved:
(a) Identification of (a) Identification
affected Class I areas. of best available
retrofit technology
(BART) eligible
sources and subject
to BART sources;
(b) Determination of baseline (b) requirements for
and natural visibility best available
conditions. retrofit technology
(BART);
(c) Determination of the (c) the Arkansas
Uniform Rate of Progress. Regional Haze Rule;
and
(d) Reasonable progress goal (d) Long Term
consultation and long term Strategy. (See Sec.
strategy consultation. 52.173(a)).
(e) Coordination regional
haze and reasonably
attributable visibility
impairment.
(f) Monitoring Strategy and
other implementation
requirements.
(g) Commitment to submit
periodic Regional Haze SIP
revisions and periodic
progress reports describing
progress towards the
reasonable progress goals.
(h) Commitment to make a
determination of the
adequacy of the existing SIP
at the time a progress
report is submitted.
(i) Coordination with States
and Federal Land Managers.
(j) The following best
available retrofit
technology (BART)
determinations: PM BART
determination for the AEP
Flint Creek Plant Boiler No.
1; SO2 and PM BART
determinations for the
natural gas firing scenario
for the Entergy Lake
Catherine Plant Unit 4; PM
BART determinations for both
the bituminous and sub-
bituminous coal firing
scenarios for the Entergy
White Bluff Plant Units 1
and 2; and PM BART
determination for the Domtar
Ashdown Mill Power Boiler
No. 1.
[[Page 200]]
Infrastructure for the 1997 Ozone Statewide........... 12/17/07 8/20/12 (77 FR Approval for CAA
NAAQS. 3/28/08 50033). elements
110(a)(2)(A), (B),
(E), (F), (G), (H),
(K), (L), and (M).
Approval 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), and (J)
for the 1997 ozone
NAAQS, except as it
relates to
Greenhouse Gas
(GHG) emissions.
Infrastructure for the 1997 and Statewide........... 3/28/08 8/20/12 (77 FR Approval for CAA
2006 PM2.5 NAAQS. 9/16/09 50033). elements
110(a)(2)(A), (B),
(E), (F), (G), (H),
(K), (L), and (M).
Interstate transport for the 1997 Statewide........... 4/5/11 8/20/12 (77 FR Approved except as
ozone NAAQS (Noninterference 50033). it relates to GHGs.
with measures required to
prevent significant
deterioration of air quality in
any other State).
Interstate transport for the 1997 Statewide........... 12/17/2007 8/29/2013 (78 FR ....................
and 2006 PM2.5 NAAQS (contribute 9/16/2009 53269).
to nonattainment or interfere
with maintenance).
----------------------------------------------------------------------------------------------------------------
[63 FR 56927, Oct. 23, 1998, as amended at 65 FR 61107, Oct. 16, 2000;
66 FR 51316, Oct. 9, 2001; 71 FR 13545, Mar. 16, 2006; 72 FR 18396, Apr.
12, 2007; 72 FR 54561, Sept. 26, 2007; 74 FR 2386, Jan. 15, 2009; 75 FR
14080, Mar. 24, 2010; 77 FR 14675, 14676, Mar. 12, 2012; 77 FR 50037,
Aug. 20, 2012; 78 FR 19598, Apr. 2, 2013; 78 FR 53270, Aug. 29, 2013]
Sec. 52.171 Classification of regions.
The Arkansas plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
-----------------------------------------------------
Air quality control region Particulate Sulfur Nitrogen Carbon
matter oxides dioxide monoxide Ozone
----------------------------------------------------------------------------------------------------------------
Central Arkansas Intrastate............................... II III III III III
Metropolitan Fort Smith Interstate........................ II III III III III
Metropolitan Memphis Interstate........................... I III III III I
Monroe (Louisiana)-El Dorado (Arkansas) Interstate........ II III III III III
Northeast Arkansas Intrastate............................. III III III III III
Northwest Arkansas Intrastate............................. III III III III III
Shreveport-Texarkana-Tyler Interstate..................... II III III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10850, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45
FR 6571, Jan. 29, 1980]
Sec. 52.172 Approval status.
(a) With the exceptions set forth in this subpart, the Administrator
approves Arkansas' plan for the attainment and maintenance of the
national standards under section 110 of the
[[Page 201]]
Clean Air Act. Further, the Administrator finds that the plan satisfies
all requirements of Part D of the Clean Air Act, as amended in 1977,
except as noted below.
(b) 1997 8-hour ozone NAAQS: The SIPs submitted December 17, 2007
and March 28, 2008 are partially disapproved for Clean Air Act (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), and
(J), only as it relates to Greenhouse Gas emissions.
(c) 1997 PM2.5 NAAQS: The SIP submitted March 28, 2008 is
disapproved for CAA elements 110(a)(2)(C), (D)(ii), and (J).
(d) 2006 PM2.5 NAAQS: The SIPs submitted March 28, 2008
and September 16, 2009 are 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), and (J).
[45 FR 6571, Jan. 29, 1980, as amended at 77 FR 50038, Aug. 20, 2012]
Sec. 52.173 Visibility protection.
(a) Regional haze. The regional haze State Implementation Plan (SIP)
revisions submitted on September 23, 2008 and August 3, 2010, and
supplemented on September 27, 2011 are partially approved and partially
disapproved.
(1) The identification of sources that are eligible for Best
Available Retrofit Technology (BART) is approved, with the exception of
the 6A Boiler at the Georgia-Pacific Crossett Mill, which is BART
eligible.
(2) The identification of sources subject to BART is approved, with
the exception of the 6A and 9A Boilers at the Georgia-Pacific Crossett
Mill, which are both subject to BART.
(3) The following BART determinations are disapproved:
(i) The sulfur dioxide (SO2), nitrogen dioxide
(NOX), and particulate matter (PM) BART determinations for
the Arkansas Electric Cooperative Corporation Bailey Plant Unit 1 and
the AECC McClellan Plant Unit 1;
(ii) The SO2 and NOX BART determinations for
the American Electric Power Flint Creek Plant Boiler No. 1;
(iii) The NOX BART determination for the natural gas
firing scenario and the SO2, NOX, and PM BART
determinations for the fuel oil firing scenario for the Entergy Lake
Catherine Plant Unit 4;
(iv) The SO2 and NOX BART determinations for
both the bituminous and sub-bituminous coal firing scenarios for the
Entergy White Bluff Plant Units 1 and 2;
(v) The BART determination for the Entergy White Bluff Plant
Auxiliary Boiler;
(vi) The SO2 and NOX BART determinations for
the Domtar Ashdown Mill Power Boiler No. 1; and
(vii) The SO2, NOX and PM BART determinations
for the Domtar Ashdown Mill Power Boiler No. 2.
(4) The Arkansas Regional Haze Rule, (APCEC Regulation 19, Chapter
15), is partially approved and partially disapproved such that:
(i) The requirement under Reg. 19.104(B) for BART installation and
operation as expeditiously as practicable, but no later than 5 years
after EPA approval of the Arkansas Regional Haze State Implementation
Plan is partially approved and partially disapproved, such that the
partial approval is for the BART determinations we are approving and the
partial disapproval is for the BART determinations we are disapproving;
(ii) The requirement under Reg. 19.1504(B) for BART installation and
operation no later than 6 years after the effective date of the State
regulation is disapproved;
(iii) Reg. 19.1505 (A)(1) and (2), (B), (C), (D)(1) and (2), (E),
(F)(1) and (2), (G)(1) and (2), (H), (I)(1) and (2), (J)(1) and (2),
(K), (L), (M)(1), and (N) are disapproved;
(iv) the Reg. 19.1506 requirement to demonstrate compliance with the
BART limits listed in Reg. 19.1505 (A)(1) and (2), (B), (C), (D)(1) and
(2), (E), (F)(1) and (2), (G)(1) and (2), (H), (I)(1) and (2), (J)(1)
and (2), (K), (L), (M)(1), and (N) is disapproved; and
(v) The remaining portions are approved.
(5) The regional haze long term strategy under 40 CFR 51.308(d)(3)
is partially approved and partially disapproved.
(6) The reasonable progress goals are disapproved.
[[Page 202]]
(b) Interstate Transport. The portion of the SIP pertaining to
adequate provisions to prohibit emissions from interfering with measures
required in another state to protect visibility, submitted on March 28,
2008, and supplemented on September 27, 2011, is partially approved and
partially disapproved.
(1) The Arkansas Regional Haze Rule, (APCEC Regulation 19, Chapter
15), is partially approved and partially disapproved such that:
(i) The requirement under Reg. 19.104(B) for BART installation and
operation as expeditiously as practicable, but no later than 5 years
after EPA approval of the Arkansas Regional Haze State Implementation
Plan is partially approved and partially disapproved, such that the
partial approval is for the BART determinations we are approving and the
partial disapproval is for the BART determinations we are disapproving;
(ii) The requirement under Reg. 19.1504(B) for BART installation and
operation no later than 6 years after the effective date of the State
regulation is disapproved;
(iii) Reg. 19.1505 (A)(1) and (2), (B), (C), (D)(1) and (2), (E),
(F)(1) and (2), (G)(1) and (2), (H), (I)(1) and (2), (J)(1) and (2),
(K), (L), (M)(1), and (N) are disapproved;
(iv) The Reg. 19.1506 requirement to demonstrate compliance with the
BART limits listed in Reg. 19.1505 (A)(1) and (2), (B), (C), (D)(1) and
(2), (E), (F)(1) and (2), (G)(1) and (2), (H), (I)(1) and (2), (J)(1)
and (2), (K), (L), (M)(1), and (N) is disapproved; and
(v) The remaining portions are approved.
[77 FR 14676, Mar. 12, 2012]
Secs. 52.174-52.180 [Reserved]
Sec. 52.181 Significant deterioration of air quality.
(a) The plan submitted by the Governor of Arkansas as follows:
(1) April 23, 1981--submittal of the PSD Supplement Arkansas Plan of
Implementation for Pollution Control (the ``PSD Supplement'') submitted
April 23, 1981 (as adopted by the Arkansas Commission on Pollution
Control and Ecology (ACPCE) on April 10, 1981);
(2) June 3, 1988--submittal of revisions to the PSD Supplement
(revised and adopted by the ACPCE on March 25, 1988);
(3) June 19, 1990--submittal of revisions to the PSD Supplement
(revised and adopted by the ACPCE on May 25, 1990), and;
(4) March 5, 1999--submittal of Regulation 19, Chapter 9, Prevention
of Significant Deterioration which recodified Arkansas' PSD regulations
(as adopted by the Arkansas Pollution Control and Ecology Commission on
January 22, 1999)
(b) The requirements of sections 160 through 165 of the Clean Air
Act are not met for federally designated Indian lands. Therefore, the
provisions of Sec. 52.21 except paragraph (a)(1) are hereby incorporated
and made a part of the applicable implementation plan and are applicable
to sources located on land under the control of Indian governing bodies.
[56 FR 20139, May 2, 1991, as amended at 63 FR 17683, Apr. 10, 1998; 63
FR 32981, June 17, 1998; 65 FR 61108, Oct. 16, 2000; 68 FR 11322, Mar.
10, 2003; 68 FR 74488, Dec. 24, 2003]
Sec. 52.183 Small business assistance program.
The Governor of Arkansas submitted on November 6, 1992, a plan
revision to develop and implement a Small Business Stationary Source
Technical and Environmental Compliance Assistance Program (PROGRAM) to
meet the requirements of section 507 of the Clean Air Act by November
15, 1994. The plan commits to provide technical and compliance
assistance to small businesses, hire an Ombudsman to serve as an
independent advocate for small businesses, and establish a Compliance
Advisory Panel to advise the program and report to the EPA on the
program's effectiveness. On April 23, 1993, the Governor submitted Act
251 of 1993 which establishes the Compliance Advisory Panel for the
PROGRAM.
[60 FR 12695, Mar. 8, 1995]
Sec. 52.184 Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?
(a) The owner and operator of each source and each unit located in
the
[[Page 203]]
State of Arkansas and for which requirements are set forth under the TR
NOX Ozone Season Trading Program in subpart BBBBB of part 97
of this chapter must comply with such requirements. The obligation to
comply with such requirements will be eliminated by the promulgation of
an approval by the Administrator of a revision to Arkansas' State
Implementation Plan (SIP) as correcting the SIP's deficiency that is the
basis for the TR Federal Implementation Plan under Sec. 52.38(b), except
to the extent the Administrator's approval is partial or conditional.
(b) Notwithstanding the provisions of paragraph (a) of this section,
if, at the time of the approval of Arkansas' SIP revision described in
paragraph (a) of this section, the Administrator has already started
recording any allocations of TR NOX Ozone Season allowances
under subpart BBBBB of part 97 of this chapter to units in the State for
a control period in any year, the provisions of subpart BBBBB of part 97
of this chapter authorizing the Administrator to complete the allocation
and recordation of TR NOX Ozone Season allowances to units in
the State for each such control period shall continue to apply, unless
provided otherwise by such approval of the State's SIP revision.
[76 FR 48361, Aug. 8, 2011]
Sec. 52.200 Original identification of plan section.
(a) This section identifies the original ``Arkansas Plan for
Implementation for Air Pollution Control'' and all revisions submitted
by Arkansas that were federally approved prior to July 1, 1998.
(b) The plan was officially submitted on January 28, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) A certification that the public hearings on the plan were held
was submitted by the State Department of Pollution Control and Ecology
on January 25, 1972. (Non-regulatory)
(2) State Department of Pollution Control and Ecology letter
outlining projected emission reductions, ASA forecasts, source
surveillance, legal authority and interstate cooperation was submitted
on February 24, 1972. (Non-regulatory)
(3) Revision of section 16 of the State air code was submitted by
the Department of Pollution Control and Ecology on July 7, 1972.
(4) June 27, 1975, letter from the Governor submitting sections 1
through 10 of the Regulations and Strategy of the Arkansas Plan of
Implementation for Air Pollution Control except those portions relating
to delegation of authority to enforce Federal requirements.
(5) August 16, 1976, statement issued by Director of the Arkansas
Department of Pollution Control and Ecology specifying the test and
reference methods for determining compliance with emission limitations.
(6) Administrative changes to the Arkansas Air Quality Surveillance
Network were submitted by the Arkansas Department of Pollution Control
and Ecology on February 15, 1977, January 10, 1978, and March 27, 1978.
(Non-regulatory.)
(7) On April 4, 1979, the Governor submitted the nonattainment area
plan for the area designated nonattainment as of March 3, 1978.
(8) On August 14, 1979, the Governor submitted supplemental
information clarifying the plan.
(9) Revisions to Arkansas Regulation 4.5(a) for the ``Control of
Volatile Organic Compounds'' showing a final compliance date of June 1,
1981, was submitted by the Arkansas Governor on December 10, 1979.
(10) A modification to the definition for lowest achievable emission
rate (LAER), consistent with the definition contained in section 171(3)
of the Act, was submitted by the Arkansas Governor on December 10, 1979.
(11) On July 11, 1979, the Governor submitted revisions to section
6(a) malfunction or upset and section 7(e) continuous emission
monitoring of the Arkansas Regulations.
(12) Revisions to section 3 (i.e., 3.(a), (b), (k), (l), (n), (o),
(z), (bb), (dd), (ee), (ff), and (gg)), section 4 (i.e., 4.1(b), 4.2(a),
4.5(a)(1), 4.5(a)(2), 4.6(c), and 4.6(d)), and section 5 (i.e., 5.4 and
5.5) were adopted by the Arkansas Commission on Pollution Control and
Ecology on September 26, 1980 and submitted by the Governor on October
10, 1980.
[[Page 204]]
(13) Revisions to section 3 (i.e., 3.(ii) through 3.(nn)), section 4
(i.e., 4.1, 4.5(a)(1), 4.5(a)(2), and 4.6(e)), and section 5 (i.e., 5.6)
of the Arkansas Regulations for the Control of Volatile Organic
Compounds were adopted by the Arkansas Commission on Pollution Control
and Ecology on April 10, 1981 and submitted by the Governor on April 23,
1981.
(14) A variance to Regulation 8 for Weyerhaeuser Gypsum Plant in
Nashville, Arkansas was submitted by the Governor on June 29, 1981.
(15) On April 23, 1981, the Governor submitted revisions to the plan
to incorporate Federal Prevention of Significant Deterioration (PSD)
Regulations 40 CFR 52.21 by reference.
(16) On September 11, 1981, the Governor submitted a revision to
section 8 of the Regulations of the Arkansas Plan of Implementation for
Air Pollution Control which implements an emission limit for Energy
Systems Company of El Dorado, Arkansas.
(17) The Arkansas State Implementation Plan for lead was submitted
to EPA on December 10, 1979, by the Governor of Arkansas as adopted by
the Arkansas Department of Pollution Control and Ecology on November 16,
1979. A letter of clarification dated January 5, 1982, also was
submitted.
(18) Revisions to the plan for intergovernmental consultation,
interstate pollution abatement, and composition of the Arkansas
Commission on Pollution Control and Ecology were submitted to EPA by the
Arkansas Department of Pollution Control and Ecology on January 9, 1980.
(19) Revision to the plan for maintenance of employee pay was
submitted to EPA by the Arkansas Department of Pollution Control and
Ecology on January 9, 1980.
(20) On April 24, 1980, the Governor submitted final revisions to
the ambient monitoring portion of the plan.
(21) On December 10, 1979, the Governor submitted a revision to
Section 5.1(a) of the Regulation of the Arkansas Plan of Implementation
for Air Pollution Control, which controls VOC emissions. This revision
was adopted by the Arkansas Commission on Pollution Control and Ecology
on November 16, 1979.
(22) On July 12, 1985, the Governor submitted a revision entitled,
``Protection of Visibility in Mandatory Class I Federal Areas, May 6,
1985.'' This submittal included new source review regulations and
visibility monitoring strategy as adopted by the Arkansas Commission on
Pollution Control and Ecology on May 24, 1985.
(i) Incorporation by reference. (A) New source review regulations
include amendments to rules and regulations of the Arkansas Department
of Pollution Control and Ecology entitled, ``Prevention of Significant
Deterioration Supplement to the Arkansas Plan of Implementation for Air
Pollution Control,'' Sections 1 through 6, adopted on May 24, 1985.
(B) Arkansas Department of Pollution Control and Ecology Minute
Order No. 85-12, adopted May 24, 1985.
(ii) Additional material. (A) Narrative submittal, including
introduction, and visibility monitoring strategy.
(23) A revision to the Arkansas Plan of Implementation of Air
Pollution Control was submitted by the Governor on November 25, 1985.
(i) Incorporation by reference. (A) Act 763 of 1985 (public
availability of emission data) approved April 3, 1985. Act 763 of 1985
amends section 82-1937 (Industrial secrets confidential--Revealing a
misdemeanor) of the Arkansas Water and Air Pollution Control Act.
(24) A revision to the Arkansas Plan of Implementation for Air
Pollution Control was submitted by the Governor on December 16, 1985.
(i) Incorporation by reference. (A) Act 817 of 1983 (permit fees)
adopted March 25, 1983. Act 817 of 1983 added sections 82-1916 thru 82-
1921 to the Arkansas Statutes. (B) Arkansas Department of Pollution
Control and Ecology Regulation No. 9 (Regulations for Development and
Implementation of a Permit Fee System for Environmental Permits) adopted
by the Arkansas Commission on Pollution Control and Ecology on November
16, 1984. Only those portions of Regulation No. 9 related to air permits
are incorporated.
(25) Part II of the Visibility Protection Plan was submitted by the
Governor on October 9, 1987.
[[Page 205]]
(i) Incorporation by reference. (A) Revision entitled ``Arkansas
Plan of Implementation for Air Pollution Control--Revision: Protection
of Visibility in Mandatory Class I Federal Areas: Part II--Long-Term
Strategy, September 29, 1987''. This submittal includes a visibility
long-term strategy and general plan provisions as adopted by the
Arkansas Commission on Pollution Control and Ecology on September 25,
1987.
(B) Arkansas Department of Pollution Control and Ecology, Minute
Order No. 87-24, adopted September 25, 1987.
(ii) Additional material. (A) None.
(26) A revision to the Arkansas Plan of Implementation for Air
Pollution Control, as adopted by the Arkansas Commission on Pollution
Control and Ecology on May 22, 1987, was submitted by the Governor of
Arkansas on July 1, 1987. This revision adds the definitions and
dispersion technique regulations required to implement the Federal stack
height regulations.
(i) Incorporation by reference. (A) Sections 3(r), 3(s), 3(t), 3(u),
3(v), 3(w), 3(x), 3(y), 5(f), and 5(g) of the Arkansas Plan of
Implementation for Air Pollution Control as adopted by the Arkansas
Commission on Pollution Control and Ecology on May 22, 1987.
(ii) Additional material. None.
(27) Revisions to the Arkansas State Implementation Plan for (1) the
National Ambient Air Quality Standards and particulate matter
definitions (subsections (z) through (ff) of ``Section 3.
Definitions''). (2) Prevention of Significant Deterioration of Air
Quality and its Supplement, and (3) subsection f(ix) of ``Section 4.
Permits'', as adopted on March 25, 1988, by the Arkansas Commission on
Pollution Control and Ecology, were submitted by the Governor on June 3,
1988.
(i) Incorporation by reference. (A) Regulations of the Arkansas Plan
of Implementation for Air Pollution Control ``Section 3. Definitions'',
subsections (z) through (ff), as promulgated on March 25, 1988.
(B) Prevention of Significant Deterioration Supplement Arkansas Plan
of Implementation For Air Pollution Control, as amended on March 25,
1988.
(C) Regulations of the Arkansas Plan for Implementation for Air
Pollution Control ``Section 4. Permits'', subsection f(ix), as
promulgated on March 25, 1988.
(ii) Other material. None.
(28) Revisions to the Arkansas State Implementation Plan for
Prevention of Significant Deterioration (PSD) of Air Quality Supplement
Arkansas Plan of Implementation for Air Pollution Control (PSD nitrogen
dioxide increments), as adopted on May 25, 1990, by the Arkansas
Commission on Pollution Control and Ecology, were submitted by the
Governor on June 19, 1990.
(i) Incorporation by reference. (A) Prevention of Significant
Deterioration Supplement Arkansas Plan of Implementation For Air
Pollution Control as amended on May 25, 1990.
(ii) Additional material. None.
(29)-(30) [Reserved]
(31) The State is required to implement a Small Business Stationary
Source Technical and Environmental Compliance Assistance Program
(PROGRAM) as specified in the plan revision submitted by the Governor on
November 6, 1992. This plan submittal, as adopted by the Arkansas
Commission on Pollution Control and Ecology on November 5, 1992, was
developed in accordance with section 507 of the Clean Air Act. On April
23, 1993, the Governor submitted Act 251 of 1993 which establishes the
Compliance Advisory Panel (CAP) for the PROGRAM.
(i) Incorporation by reference. (A) Act 251 of 1993 approved by the
Governor on February 26, 1993. Included in this Act are provisions
creating a CAP, establishing membership of the CAP, and addressing the
responsibilities and duties of the CAP.
(B) Arkansas Department of Pollution Control and Ecology, Minute
Order No. 92-81, adopted November 5, 1992.
(ii) Additional material. (A) Revision entitled, ``Arkansas Small
Business Stationary Source Technical and Environmental Compliance
Assistance Program SIP Revision'', adopted November 5, 1992.
(B) Legal opinion letter dated November 5, 1992, from Steve Weaver,
Chief Counsel, Arkansas Department of
[[Page 206]]
Pollution Control and Ecology, regarding legality of Commission
teleconference meeting.
[37 FR 10850, May 31, 1972. Redesignated at 63 FR 56827, Oct. 23, 1998]
Editorial Note: For Federal Register citations affecting
Sec. 52.200, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
Subpart F_California
Sec. 52.219 Identification of plan--conditional approval.
The plan revision commitments listed in paragraph (a) of this
section were submitted on the date specified.
(a) On November 13, 1992, California submitted a commitment to
prepare a revision to the California State Implementation Plan (SIP) for
the California ozone nonattainment areas to address the requirement in
section 182(c)(4)(B) of the 1990 Clean Air Act Amendments that requires
the States to develop a SIP revision for all ozone nonattainment areas
classified as serious and above to opt-out of the Clean-Fuel Fleet
Program by submitting for EPA approval a substitute program(s) resulting
in as much or greater long-term reductions in ozone-producing and toxic
air emissions. The State submittal contained an interim milestone to
supply more accurate emission reduction data demonstrating equivalence
no later than one year after the publication date of the Federal
Register notice approving the State's committal SIP revision. California
is required to submit the final SIP revision by May 15, 1994. The State
held a public meeting on this committal SIP on March 17, 1992. The
California SIP revisions are met automatically when the SIP revision
concerns a regulation previously adopted by the Board.
(b) [Reserved]
[58 FR 62533, Nov. 29, 1993]
Sec. 52.220 Identification of plan.
(a) Title of plan: ``The State of California Implementation Plan for
Achieving and Maintaining the National Ambient Air Quality Standards''.
(b) The plan was officially submitted on February 21, 1972.
(1) Mendocino County APCD.
(i) Previously approved on May 31, 1972 and now deleted without
replacement parts XI, XII, and part XIII.
(ii) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement, Part X, Paragraph 3.
(2) Placer County APCD.
(i) Previously approved on May 31, 1972 and now deleted without
replacement Rule 42 (Mountain Counties Air Basin), Rules 40 and 42 (Lake
Tahoe Air Basin).
(ii) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement, Rules 40 and 42.
(iii) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement for implementation in the
Lake Tahoe Air Basin, Rules 2-17, 2-18, 2-19, and 2-20.
(iv) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement for implementation in the
Mountain Counties Air Basin, Rules 2-17, 2-18, 2-19, 2-20.
(3) Tehama County APCD.
(i) Previously approved on May 31, 1972 and now deleted without
replacement Rule 5.1.
(ii) Previously approved on May 31, 1972 and now deleted without
replacement Rule 4.13.
(4) San Bernardino County APCD.
(i) Previously approved on May 31, 1972 and now deleted without
replacement Regulation VI, Rules 100 to 104, 109, 110, 120, and 130 to
137.
(ii) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement, Regulation 3, Rules 40, 42,
43, and 44.
(5) Ventura County Air Pollution Control District.
(i) Previously approved on September 22, 1972 and now deleted
without replacement Rule 18.
(6) Lassen County APCD.
(i) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement, Rules 1.4, 3.2, 3.3
(Schedules 1-6), 3.4, and 3.5.
(7) Nevada County APCD.
[[Page 207]]
(i) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement, Rule 41.
(ii) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement, Rules 17, 18, and 19.
(iii) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement Rules 11 and 51.
(8) Orange County APCD.
(i) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement, Rule 120.
(9) Sierra County APCD.
(i) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement, Rules 46 and 50.
(10) Siskiyou County APCD.
(i) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement, Rules 3.1, 3.2, and 3.3.
(ii) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement, Rules 2.4, 2.6, and 5.1 to
5.18.
(11) Yolo-Solano AQMD.
(i) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement, Rules 1.7 and 2.18.
(ii) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement, Rule 2.7.
(12) California Air Resources Board.
(i) Previously approved on May 31, 1972 in paragraph (b) and deleted
without replacement, effective September 10, 1980, chapter 7 (``Legal
Considerations'') of part I (``State General Plan'') of the plan
submitted on February 21, 1972, and all of the statutory provisions and
other legal documents contained in appendix II (``State Statutes and
other Legal Documents Pertinent to Air Pollution Control in
California'') to chapter 7.
(13) El Dorado County Air Pollution Control District.
(i) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement, Rules 77, 78, 79, and 80.
(14) Imperial County Air Pollution Control District.
(i) Previously approved on May 31, 1972 in paragraph (b) of this
section and now deleted without replacement, Rule 110.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Air quality data submitted on April 10, 1972, by the Air
Resources Board.
(2) Report on status of regulations submitted on April 19, 1972, by
the Air Resources Board.
(3) Emission inventory submitted on April 21, 1972, by the Air
Resources Board.
(4) Air quality data submitted on April 26, 1972, by the Air
Resources Board.
(5) Air quality data submitted on May 5, 1972, by the Air Resources
Board.
(6) Revised regulations for all APCD's submitted on June 30, 1972,
by the Governor, except for:
(i) San Diego County Air Pollution Control District.
(A) Rule 65 is now removed without replacement as of March 14, 1989.
(B) Previously approved on September 22, 1972 and now deleted
without replacement Rules 44, 75, 77 to 80, 82 to 84, and 86 to 91.
(C) Previously approved on September 22, 1972 and now deleted
without replacement, Rules 12 and 13.
(D) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rules 18, 22, 23, and
24.
(ii) Calaveras County APCD.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rule 305.
(B) Previously approved on September 22, 1972 in paragraph (c) of
this section and now deleted without replacement, Rule 109.
(C) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rules 204, 206, 210,
211, 212, and 213.
(iii) Colusa County APCD.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 3.1 and 5.1 to 5.17.
[[Page 208]]
(B) Previously approved on September 22, 1972 in paragraph (c) of
this section and now deleted without replacement, Rules 1.4, 2.13, 6.11
and 6.12.
(C) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rules 1.6, 2.9, 2.10,
2.11, 2.12, and 4.2.
(iv) Fresno County APCD.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 501, 502, 504, 506, 508 to 512, 514, 516, and
517.
(B) Previously approved on September 22, 1972 in paragraph (c) of
this section and now deleted without replacement, Rules 104, 105, 107,
109, 303, and 304.
(C) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rule 206.
(v) Glenn County APCD.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 111, 113 to 117, 119 to 125, and 150.
(B) Previously approved on September 22, 1972 in paragraph (c) of
this section and now deleted without replacement, Rules 151 and 153.
(C) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rules 53, 54, 55, and
97.
(vi) Kern County APCD (including Southeast Desert).
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 502, 505 to 510, 512 to 515, and 517.
(B) Previously approved on September 22, 1972 in paragraph (c) of
this section and now deleted without replacement, Rules 107, 109, 303,
and 304.
(C) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement for implementation in
Kern County, Southeast Desert Air Basin, Rules 204, 206, 210, 211, 212,
and 213.
(D) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement for implementation in
Kern County, San Joaquin Valley Air Basin, Rules 107, 109, 206, 303, and
304.
(E) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement Rule 403 (Southeast
Desert).
(vii) Kings County APCD.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 502 to 509, 511 to 517.
(B) Previously approved on September 22, 1972 in paragraph (c) of
this section and now deleted without replacement, Rule 109.
(C) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rules 206 and 518.
(viii) Lassen County APCD.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 1.5, 3.1, and 5.1 to 5.17.
(B) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rules 2.02, 2.04,
2.06, 2.10, 2.11, 2.12, and 2.13.
(ix) Madera County APCD.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 507 to 510 and 512 to 517.
(B) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rule 206.
(x) Merced County APCD.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 502, 503, 506 to 510, and 512 to 517.
(B) Previously approved on September 22, 1972 in paragraph (c) of
this section and now deleted without replacement, Rules 107, 301
(Paragraphs c to g, i, and j), 303, and 304.
(C) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rule 206.
(xi) Modoc County APCD.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 1.5 and 4.1 to 4.17.
(B) Previously approved on September 22, 1972 in paragraph (c) of
this
[[Page 209]]
section and now deleted without replacement, Rule 1.4.
(C) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rules 2.02, 2.04,
2.06, 2.10, 2.12, and 2.13.
(xii) San Joaquin County APCD.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 502 and 506 to 509.
(B) Previously approved on September 22, 1972 in paragraph (c) of
this section and now deleted without replacement, Rules 107 and 109.
(C) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rule 206.
(xiii) Stanislaus County APCD.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 303, 304, 502, 505 to 510 and 512 to 517.
(B) Previously approved on September 22, 1972 in paragraph (c) of
this section and now deleted without replacement, Rule 107.
(C) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rule 206.
(xiv) Tulare County APCD.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 303, 304, 501, 502, 506 to 514, 516 to 518.
(B) Previously approved on September 22, 1972 in paragraph (c) of
this section and now deleted without replacement, Rules 107 and 109.
(C) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rule 206.
(xv) San Bernardino County Air Pollution Control District.
(A) Previously approved on December 21, 1975 and now deleted without
replacement Rule 68.
(xvi) Northern Sonoma County Air Pollution Control District.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 56, 64, 64.1 and 64.2.
(B) Previously approved on September 22, 1972 in paragraph (c) of
this section and now deleted without replacement, Rules 42 and 100.
(C) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rules 013, 015, 019,
020, 021, and 022.
(xvii) Los Angeles County Air Pollution Control District.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rule 51.
(B) Previously approved on September 22, 1972 in paragraph (c) of
this section and now deleted without replacement, Rules 43, 44, and Rule
120.
(xviii) Orange County Air Pollution Control District.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 51, 67.1 and 68.
(xix) Riverside County Air Pollution Control District.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rule 51.
(B) Previously approved on September 22, 1972 in paragraph (c) of
this section and now deleted without replacement, Rules 43 and 44
(Mojave Desert AQMD only).
(xx) Mariposa County APCD.
(A) Previously approved on September 22, 1972 in paragraph (c) of
this section and now deleted without replacement, Rule 17.
(B) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rule 16.
(xxi) Plumas County APCD.
(A) Previously approved on September 22, 1972 in paragraph (c) of
this section and now deleted without replacement, Rules 3, 4, and 40.
(xxii) Sutter County APCD.
(A) Previously approved on September 22, 1972 in paragraph (c) of
this section and now deleted without replacement, Rule 2.20.
(xxiii) Shasta County Air Pollution Control District.
(A) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rule 2.17 and 2.22.
(xxiv) Ventura County Air Pollution Control District.
[[Page 210]]
(A) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rule 22.
(B) Previously approved on September 22, 1972 in paragraph (c)(6) of
this section and now deleted without replacement, Rule 100.
(7) Information (Non-regulatory) regarding air quality surveillance
submitted on July 19, 1972, by the Air Resources Board.
(8) Compliance schedules submitted on December 27, 1973, by the Air
Resources Board.
(9) Compliance schedules submitted on February 19, 1974, by the Air
Resources Board.
(10) Compliance schedules submitted on April 22, 1974, by the Air
Resources Board.
(11) Compliance schedules submitted on June 7, 1974, by the Air
Resources Board.
(12) Compliance schedules submitted on June 19, 1974, by the Air
Resources Board.
(13) Compliance schedules submitted on September 4, 1974, by the Air
Resources Board.
(14) Compliance schedules submitted on September 19, 1974, by the
Air Resources Board.
(15) Compliance schedules submitted on October 18, 1974, by the Air
Resources Board.
(16) Compliance schedules submitted on December 4, 1974, by the Air
Resources Board.
(17) Compliance schedules submitted on January 13, 1975, by the Air
Resources Board.
(18) Air quality maintenance area designations submitted on July 12,
1974, by the Governor.
(19)-(20) [Reserved]
(21) Revised regulations for the following APCD's submitted on July
25, 1973, by the Governor.
(i) Lassen County APCD.
(A) Appendix A (Implementation Plan for Agricultural Burning) and
Appendix B (Enforcement).
(ii) Modoc County APCD.
(A) Rule 3:10A and Regulation V (Rules 5:1 to 5:7).
(iii) Siskiyou County APCD.
(A) Rules 2.13, 4.5, 4.12, 4.13, 4.14, and Implementation Plan for
Agricultural Burning.
(iv) Bay Area APCD.
(A) Regulation 1.
(1) Division 1, Sections 1000-1010.
(2) Division 2, Section 2000.
(3) Division 3, Sections 3000-3004, 3100-3111, 3115-3118, 3120, and
3200-3500.
(4) Division 4.
(B) Regulation 4.
(1) Sections 1-2.
(C) Regulation 2.
(1) Division 1, Sections 1214 to 1214.3.
(D) Regulation 3.
(1) Division 1, Sections 1205 to 1205.3.
(v) Butte County APCD.
(A) Sections 1-1 to 1-35, 2-8, 2-10 to 2-11, 2A-1 to 2A-18, 3-2 to
3-2.1, 3-6, 3-9, 3-10.1, 3-11.1, 3.14, and 3.16.
(vi) San Diego County APCD.
(A) Rules 41, 55, 58, and 101-113.
(B) Previously approved on May 11, 1977 and now deleted without
replacement Rule 41.
(C) Previously approved on May 11, 1977 and now deleted without
replacement, Rule 55.
(D) Previously approved on May 11, 1977 in paragraph (c)(21)(vi)(A)
of this section and now deleted Rules 105, 106, 107, 110, 111, and 112
(now replaced by Rule 101).
(vii) Tehama County APCD.
(A) Rules 1:2, 3:1-3, 3:3a, 3:3b, 3:4-3:5, 3:5a, 3:6-3:14, 4:6, and
Implementation Plan for Agricultural Burning.
(B) Previously approved on May 11, 1977 and now deleted without
replacement Rule 41.
(viii) Yuba County APCD.
(A) Rules 1.1, 2.1-2.2, 2.10, 4.11, and Agricultural Burning
Regulations, Sections 1 to 6.
(B) Rule 4.5.
(C) Previously approved on August 22, 1977 in paragraph
(c)(21)(viii)(A) of this section and now deleted without replacement,
Rule 4.11.
(ix) Kings County APCD.
(A) Rules 102, 105-108, 110, 404-406, 409, 417-I, II, IV, and 510.
(B) Rule 111.
(C) Previously approved on August 22, 1977 and now deleted without
replacement Rule 510.
(D) Previously approved on August 22, 1977 in paragraph
(c)(21)(ix)(A) of this section and now deleted without replacement, Rule
107.
[[Page 211]]
(x) Colusa County APCD.
(A) Rule 6.5 and Amendment Number 3.
(B) Rule 4.4g.
(xi) Imperial County APCD.
(A) Agricultural Burning Implementation Plan (Rules 200-206).
(xii) Sacramento County APCD
(A) Rules 72, 90, 91, and 92.
(xiii) Ventura County APCD.
(A) Rules 2, 37, 56, 59, 60, and 101.
(B) Previously approved on August 15, 1977 in paragraph
(c)(21)(xiii)(A) of this section and now deleted without replacement,
Rule 60.
(xiv) Yolo-Solano APCD.
(A) New or amended Rules 1.2 (a, b, d to g, i to x, and z to ae),
1.4, 2.4(e), 2.8, 2.9, 4.1 to 4.5, 5.1 to 5.18, 6.1 (i) and (j), 6.2 to
6.5, and 6.7 to 6.8.
(B) Previously approved on June 14, 1978 and now deleted without
replacement Rules 4.4, 4.5, 5.2, 5.3, 5.5, 5.7 to 5.9, and 5.13 to 5.17.
(C) Previously approved on June 14, 1978 in paragraph
(c)(21)(xiv)(A) of this section and now deleted without replacement,
Rule 5.18.
(D) Previously approved on June 14, 1978 in paragraph
(c)(21)(xiv)(A) of this section and now deleted without replacement,
Rule 2.4.
(xv) San Bernardino County APCD.
(A) New or amended Rules 5(a), 53A, 57, 57.1, 57.2.
(xvi) Santa Barbara County APCD.
(A) Rules 2(a, b, k, l, m, n, o, p, q, r, s, t, u, v, w), 40 [with
the exception of 40(4)(m)].
(xvii) Calaveras County APCD.
(A) Rules 110 and 402(f).
(xviii) Los Angeles County APCD (Metropolitan Los Angeles portion).
(A) Amended Rule 45.
(B) Previously approved on September 8, 1978 in paragraph
(c)(21)(xviii)(A) of this section and now deleted without replacement,
Rule 45.
(22) Revised regulations for the following APCD's submitted on
November 2, 1973 by the Governor's designee.
(i) Bay Area APCD.
(A) Regulation 2.
(1) Division 1, Section 1222.
(2) Division 3, Section 3211.
(3) Division 4, Section 4113.
(4) Division 8, Sections 8414-8416.
(5) Division 9, Sections 9613, 9615, 9711.3, and 9711.5.
(6) Division 11, Section 11101.
(23) Revised regulations for the following APCD's submitted on
January 22, 1974 by the Governor's designee.
(i) Sacramento County APCD.
(A) Rule 30.
(ii) Santa Barbara County APCD.
(A) Rules 22, 24.1, 24.2.
(24) Revised regulations for the following APVD's submitted on July
19, 1974, by the Governor's designee.
(i) Sutter County APCD.
(A) Rule 1.3
(ii) Bay Area APCD.
(A) Regulation 1: (1) Sections 3112-3114, 3119 and 3122.
(iii) San Diego County APCD.
(A) Regulation IX.
(B) Rule 61.
(iv) Stanislaus County APCD.
(A) Rules 103, 108, 108.1, 113, 401, 402, 403, 404, 405, 409.1,
409.2, 418, 421, 505, 518, and 401.1.
(B) Rule 110.
(C) Previously approved on August 22, 1977 in paragraph (c)(iv)(A)
of this section and now deleted without replacement, Rule 518.
(v) Tehama County APCD.
(A) Rules 3:14 and 4:18.
(B) Rule 4:17.
(vi) Shasta County APCD.
(A) Rules 1:1 to 1:2, 2:6(1.)(a), 2:6(1.)(b) (i-ii and iv-vii)
2:6(1.)(c)(i-vi), 2:6(1.)(d-e), 2:6(2-4), 2:7, 2:8(a-c), 2:9, 2:11,
2:14, 2:25, 3:1 to 3:9, 3:11 to 3:12, and 4:1 to 4:23.
(B) Rule 3:10.
(C) Previously approved on August 22, 1977 and now deleted without
replacement Rules 4.2 to 4.4, 4.8 to 4.10, 4.15, and 4.23.
(D) Previously approved on August 22, 1977 in paragraph
(c)(24)(vi)(A) of this section and now deleted without replacement, Rule
3.7.
(vii) Kern County APCD.
(A) Rules 102, 103, 108, 108.1, 110, 113, 114, 301, 305, 401, 404,
405, 407.3, 409, 411, 413, 414, 417-I and II, 504, 516, and 518
(B) Rule 111.
(C) Rules 601-615, except those portions pertaining to sulfur
dioxide and the 12-hour carbon monoxide criteria levels.
(D) Previously approved on August 22, 1977 and now deleted without
replacement Rule 516 (including Southeast Desert).
[[Page 212]]
(E) Previously approved on August 22, 1977 and now deleted without
replacement for implementation in the Southeast Desert Air Basin, Rule
404.
(F) Previously approved on August 22, 1977 in paragraph (c)(vii)(A)
of this section and now deleted without replacement for implementation
in Kern County, Southeast Desert Air Basin, Rule 518.
(G) Previously approved on August 22, 1977 in paragraph (c)(vii)(A)
of this section and now deleted without replacement for implementation
in Kern County, San Joaquin Valley Air Basin, Rule 518.
(viii) Sacramento County APCD.
(A) Rules 11, 39, 44, 70, 73, and 111.
(B) Rules 123 and 124, except those portions that pertain to the 12-
hour CO criteria level.
(ix) Yolo-Solano APCD.
(A) Rule 2.22.
(B) New or amended Rules 1.2(c, h, and y), 1.3, 2.11 to 2.16, 2.19,
4.3, 5.4, 5.6, and 5.12.
(C) Previously approved on June 14, 1978 and now deleted without
replacement Rules 5.6 and 5.12.
(x) Ventura County APCD.
(A) Rules 2, 3, 31, 32, 200, 203, and 204.
(B) Rule 32.
(C) Rules 70, 73.
(D) Rule 96.
(E) Rule 111.
(F) Previously approved on August 15, 1977 in paragraph (c)(x)(A) of
this section and now deleted without replacement, Rule 3.
(xi) Santa Barbara County Air Pollution Control District.
(A) Rules 150 to 152, 154 to 159, 160A, and 161 to 164, except those
portions pertaining to nitrogen oxides, sulfur dioxide and the 12-hour
carbon monoxide criteria levels.
(25) Revised regulations for the following APCD's submitted on
October 23, 1974 by the Governor's designee.
(i) Fresno County APCD.
(A) Rules 102, 103, 108, 108.1, 111-114, 401, 404-406, 408, 409.1,
409.2, 416, 416.1a, b, c(2), c(3), d, e(2), and f, 505 and 518.
(B) Rule 110.
(C) New or amended Rules 402 (a to g), 416.1(c)(1), 416.1(e)(1),
416.1(e)(3), and 416.1(e)(4).
(D) Rules 601-615, except those portions pertaining to sulfur
dioxide and the 12-hour carbon monoxide criteria levels.
(E) Previously approved on August 22, 1977 and now deleted without
replacement Rule 505.
(F) Previously approved on August 22, 1977 in paragraph
(c)(25)(i)(A) of this section and now deleted without replacement, Rule
518.
(ii) San Joaquin County APCD.
(A) Rules 102, 103, 108, 108.1, 108.2, 113, 305, 404-406, 407.2,
407.3, 408, 408.1, 409.1, 409.2, 410, 413, 414, 416, 416.1A to C, and
D.3 to E., 417, 420, 420.1, 421, 504, 505, and 510-520.
(B) Rule 110.
(C) New or amended Rules 416.1 (D)(1) and (D)(2).
(D) Previously approved on August 22, 1977 and now deleted without
replacement Rules 504, 505, 510, 512 to 518, and 520.
(E) Previously approved on August 22, 1977 in paragraph
(c)(25)(ii)(A) of this section and now deleted without replacement, Rule
519.
(iii) Lake County APCD.
(A) Parts II--V, Sections 3-7 of Part VI, Parts XI-XIII, Appendix A
(Agricultural Burning Definitions A-M, Burning Regulations/Agricultural
Burning (Farm) 1-9, /Farm 1-3, /Range 1-2), Appendix B (Parts I-II, Part
IV-1, 2, 5, and 6, Part V-1, 4, 5 and 6, Parts VI-VII, Part VIII-1-7 and
9, Parts IX-X), Tables I-IV.
(iv) Tulare County APCD.
(A) Rules 102, 103, 108.1, 110, 112-114, 302, 401, 404-406, 407.3,
408, 410, 410.1, 410.2, 411, 420, 503-505, and 515.
(B) Previously approved on August 22, 1977 and now deleted without
replacement Rules 503 to 505, 515, and 519.
(v) Ventura County APCD.
(A) Rules 2 and 125.
(vi) Santa Barbara County Air Pollution Control District.
(A) Rule 160B, except those portions pertaining to nitrogen oxides,
sulfur dioxide and the 12-hour carbon monoxide criteria levels.
(vii) Monterey Bay Unified APCD.
(A) Rules 100 to 106, 300 to 303, 400 to 401, 403, 404(a)(b)(d), 405
to 408, 412 to 417, 419 to 420, 500 to 508, 600 to 616, and 800 to 816.
(B) Previously approved on October 27, 1977 in paragraph
(c)(25)(vii)(A) of
[[Page 213]]
this section and now deleted without replacement, Rules 302 and 303.
(26) Revised regulations for the following APCD's submitted on
January 10, 1975, by the Governor's designee.
(i) Sutter County APCD
(A) Rule 4.1
(ii) Bay Area APCD
(A) Regulation 2: (1) Sections 2018.1-2.
(B) Regulation 7.
(C) Regulation 8.
(D) Previously approved on May 11, 1977 in paragraph (c)(26)(ii)(B)
of this section and now deleted without replacement, Regulation 7.
(iii) Butte County APCD.
(A) Sections 3-11, 3-12, and 3-12.1.
(iv) Glenn County APCD.
(A) Sections 2, 3.1, 10-14.3, 16, 17, 21, 21.1, 24, 57, 58, 81, 85,
86, 95.1, 118, 122.1-122.3, 154 and 155.
(B) Rules 95.2 and 95.3.
(C) Previously approved on May 11, 1977 and now deleted without
replacement Rules 118 and 122.1 to 122.3.
(D) Previously approved on May 11, 1977 in paragraph (c)(26)(iv)(A)
of this section and now deleted without replacement, Rule 155.
(E) Previously approved on August 22, 1977 in paragraph
(c)(26)(iv)(A) of this section and now deleted without replacement, Rule
3.1.
(v) Yuba County APCD.
(A) Agricultural Burning Regulations, sections 1 and 3.
(vi) Colusa County APCD.
(A) Rules 6.2 and 6.4.d. (1-2).
(vii) Fresno County APCD.
(A) Rules 409, 417, 503, 507, 513, and 515.
(B) Previously approved on August 22, 1977 and now deleted without
replacement Rules 503, 507, 513, and 515.
(viii) Mariposa County APCD.
(A) Rules 101, 102, 201, 202, 203 (a-f, h, i, and k), 204-216, 301-
303, 305-306, 308-313, 315-323, 401-403, 405-409, and 600-618.
(B) Rule 203(j).
(C) Previously approved on August 22, 1977 and now deleted without
replacement Rules 601, 602, 604 to 609, 611 to 616, and 618.
(D) Previously approved on August 22, 1977 in paragraph
(c)(26)(viii)(A) of this section and now deleted without replacement,
Rule 617.
(ix) Sierra County APCD.
(A) Rules 101, 102, 201-216, 301-323, 405-409, 601-620, 6, 27, 29,
and 51-56.
(B) Previously approved and now deleted, Rule 102.
(C) Previously approved on August 22, 1977 in paragraph
(c)(26)(ix)(A) of this section and now deleted without replacement Rules
619 and 620.
(D) Previously approved on August 22, 1977 in paragraph
(c)(26)(ix)(A) of this section and now deleted without replacement Rules
201 and 205.
(x) Shasta County APCD.
(A) Rules 2:6(5)(b), 3:1, 3:2, 4:6, and 4:14.
(xi) Tulare County APCD.
(A) Rules 417 and 417.1a. thru d., e.2., and f.
(B) New or amended Rules 417.1 (e)(1), (e)(3) and (e)(4).
(xii) Kern County APCD.
(A) Rules 410 and 503.
(xiii) Madera County APCD.
(A) Rules 102, 103, 105, 108, 112-114, 301, 305, 401, 402, (a-e, and
g), 404-406, 407.2, 407.3, 408, 409, 409.1 409.2, 412, 416, 416.1a, b,
c(2), c(3), d, e(2), f, 504, 505, and 518.
(B) Rule 402(f).
(C) Rule 110.
(D) New or amended Rules 416.1 (c)(1), (e)(1), (e)(3), and (e)(4).
(xiv) Yolo-Solano APCD.
(A) New or amended Rule 6.1 (a), (b), (c), (d), (e), and (g) (1, 2,
and 3).
(xv) Monterey Bay Unified APCD.
(A) Rules 49 to 411 and 421.
(xvi) Plumas County APCD.
(A) Rule 203(j).
(B) New or amended Rules 101, 102, 201, 202, 204, 206, 209, 210(a),
214, 216, 216-49, 216-50, 216-51, 216-54, 216-55, 216-56, 216-1, 216-2,
216-3, 305, 306, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401,
403, 405, 406, 408, 701, 702, 704, 705, 706, 707, 708, 709, 711, 712,
713, 714, 715, 716, 717.
(C) Previously approved and now deleted (without replacement) Rules
51.7, 57.5, 62, 70.
(D) Previously approved on June 14, 1978 and now deleted without
replacement Rules 705 to 709.
(E) Previously approved and now deleted, Rule 102.
(F) Previously approved on June 14, 1978 in paragraph
(c)(26)(xvi)(B) of this section and now deleted without replacement,
Rule 717.
(xvii) Placer County APCD.
[[Page 214]]
(A) New or amended Rules 102, 105, 201, 202, 204, 209, 312, 403,
405, 406, 701, 705, 707, 711, 712, 713, 714, 716, 717.
(B) Previously approved on June 14, 1978 and now deleted without
replacement Rules 701, 707, 711 to 714, and 716 (Mountain Counties Air
Basin).
(C) Previously approved on June 14, 1978 and now deleted without
replacement Rules 701, 705, 707, 711 to 714, and 716 (Lake Tahoe Air
Basin).
(D) Previously approved on June 14, 1978 in paragraph
(c)(26)(xvii)(A) of this section and now deleted without replacement,
Rule 105.
(E) Previously approved on June 14, 1978 in paragraph
(c)(26)(xvii)(A) of this section and now deleted without replacement
Rule 717 (Lake Tahoe Air Basin).
(F) Previously approved on June 14, 1978 in paragraph
(c)(26)(xvii)(A) of this section and now deleted without replacement
Rules 705 and 717 (Mountain Counties Air Basin).
(G) Previously approved on June 14, 1978 in paragraph
(c)(26)(xvii)(A) of this section and now deleted without replacement
Rules 701, 705, 707, 711 to 714, 716, and 717 (Sacramento Valley Air
Basin).
(27) Revised regulations for the following APCD's submitted on April
10, 1975, by the Governor's designee.
(i) Stanislaus County APCD.
(A) Rule 409.
(ii) Tehama County APCD.
(A) Rule 4:6.
(iii) Sacramento County APCD.
(A) Rules 12, 22a, 22b, 25, 32-34, and 40.
(iv) Bay Area APCD.
(A) Regulation 2, section 1302.2 and section 1302.22.
(B) Rules 32, 33, 34, 38, 40.
(v) San Bernardino County APCD.
(A) New or amended Rule 73.
(vi) Riverside County APCD.
(A) New or amended Rule 57.
(vii) Nevada County APCD.
(A) New or amended Rules 101, 102, 105, 106, 107, 201, 202, 203
[with exception of (g)], 204, 206, 208, 209, 210(a), 212, 214, 215, 301,
302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316,
317, 318, 322, 401, 403, 405, 406, 408, 601, 602, 701, 702, 703, 705,
706, 707, 708, 709, 711, 712, 713, 714, 715, 716, 717.
(B) Previously approved on June 14, 1978 and now deleted without
replacement Rules 701 to 703, 705 to 709, and 712 to 716.
(C) Previously approved and now deleted, Rule 102.
(D) Previously approved on June 14, 1978 in paragraph
(c)(27)(vii)(A) of this section and now deleted without replacement,
Rules 105, 601, and 602.
(E) Previously approved on June 14, 1978 in paragraph
(c)(27)(vii)(A) of this section and now deleted without replacement Rule
717.
(viii) El Dorado County APCD.
(A) New or amended Rules 101, 102, 202, 204, 206, 209, 210(a), 212,
214, 301, 305, 306, 309, 310, 311, 312, 313, 315, 316, 317, 318, 323,
401, 403, 405, 406, 408, 601, 602, 701, 702, 704, 705, 706, 707, 708,
709, 711, 712, 713, 714, 715, 716, 717.
(B) Previously approved and now deleted (without replacement) Rules
5, 6, 7.
(C) Previously approved on June 14, 1978 in paragraph
(c)(27)(viii)(A) of this section and now deleted Rule 101.
(D) Previously approved on June 14, 1978 in paragraph
(c)(27)(viii)(A) of this section and now deleted without replacement,
Rules 323, 601, and 602.
(E) Previously approved on June 14, 1978 in paragraph
(c)(27)(viii)(A) and now deleted without replacement Rules 701, 702, 704
to 709, and 711 to 717.
(F) Previously approved on June 14, 1978 in paragraph
(c)(27)(vii)(A) of this section and now deleted without replacement
Rules 106, 107, 201, 215, 401, and 403.
(ix) [Reserved]
(x) Santa Barbara County APCD.
(A) Rules 32, 36, 36.3, 36.4, 36.5, 37, 38.
(28) Revised regulations for the following APCD's submitted on July
22, 1975, by the Governor's designee.
(i) Sutter County APCD
(A) Rules 1.2, 2.82, and 4.11.
(ii) San Diego County APCD.
(A) Rule 66.
(iii) Yuba County APCD
(A) Rule 1.1.
(iv) Calaveras County APCD.
(A) Rules 102, 201-215, 301-323, 401-403, 405-408, 409 (Public
Records), 601-604, 700-717, 105, 106, 110, 407(b), 409 (Organic
Solvents), 409.1 (Architectural Coatings), 409.2 (Disposal and
Evaporation of Solvents), 412, and 413.
[[Page 215]]
(B) Previously approved on August 22, 1977 and now deleted without
replacement Rules 701, 704 to 709, 711 to 714, and 716.
(C) Previously approved on August 22, 1977 in paragraph
(c)(28)(iv)(A) of this section and now deleted without replacement Rule
717.
(v) Tuolumne County APCD.
(A) Rules 102, 201, 202, 203, (a-f, h, i, and k), 204-216, 301-303,
305-306, 308-313, 315-323, 400-403, 405-408, 409 (Public Records), 600-
618, 105-110, 301-304, 409 (Fuel Burning Equipment, Oxides of Nitrogen),
410, and 412-414.
(vi) Kings County APCD.
(A) Rule 410.
(vii) Shasta County APCD.
(A) Rule 2.8(e).
(viii) Kern County APCD.
(A) Rules 115, 407.1, 422, and 423.
(B) Previously approved on August 22, 1977 in paragraph
(c)(28)(viii)(A) of this section and now deleted without replacement,
Rules 422 and 423.
(ix) Sacramento County APCD.
(A) Rule 93.
(x) Riverside County APCD.
(A) New or amended Rule 53.
(xi) Orange County APCD (Metropolitan Los Angeles portion).
(A) Amended Rule 53.
(29) Revised regulations for the following APCD's submitted on
November 3, 1975 by the Governor's designee.
(i) Lake County APCD.
(A) Part III, Number 59a.
(ii) Sacramento County APCD.
(A) Rules 13 and 14.
(B) Rules 71, 112, and 113.
(iii) Monterey Bay Unified APCD.
(A) Rule 418.
(iv) Bay Area APCD.
(A) Regulation 2, section 1302.21 and section 1302.23.
(v) San Diego County.
(A) Rule 63.
(B) Rules 112, 113.
(vi) Ventura County APCD.
(A) Rules 65, 66, 72, and 73.
(B) Previously approved on August 15, 1977 and now deleted without
replacement Rules 65 and 66.
(C) Previously approved on August 15, 1977 in paragraph
(c)(29)(vi)(A) of this section and now deleted without replacement, Rule
72 (72-72.8).
(30) Revised regulations for the following APCD's submitted on
February 10, 1976 by the Governor's designee.
(i) Bay Area APCD
(A) Regulation 1: (1) Section 3121.
(B) Regulation 6.
(ii) Butte County APCD
(A) Section 3-11.2
(iii) Yuba County APCD.
(A) Agricultural Burning Regulations, sections 1 and 3.
(iv) Colusa County APCD.
(A) Rule 6.6A.I and 6.6A.II-1. (a-f).
(v) Fresno County APCD.
(A) Rules 115, 422, 423, and 407.
(B) Previously approved on August 22, 1977 in paragraph
(c)(30)(v)(A) of this section and now deleted without replacement, Rules
422 and 423.
(vi) San Joaquin County APCD.
(A) Rules 114, 401, 402, 407.1, 409, 411, 422 and 423.
(B) Previously approved on August 22, 1977 in paragraph
(c)(30)(vi)(A) of this section and now deleted without replacement,
Rules 422 and 423.
(C) Rule 411.1 and 411.2.
(vii) Lake County APCD.
(A) Table V.
(viii) Sacramento County APCD.
(A) Rules 94-97.
(ix) Ventura County APCD.
(A) Rules 70 and 71.
(x) Southern California APCD.
(A) New or amended Rules 501, 502, 506, 507, 508, 509, 511, 512,
513, 514, 515, 516, 517, 518, 801, 803, 804, 807, 808, 809, 810, 811,
813, 814, 815, 817.
(B) Previously approved on June 14, 1978 and now deleted without
replacement Rules 501, 502, 506 to 509, 511 to 518, 801, 803 to 804, 807
to 811, 813 to 815, and 817.
(xi) Santa Barbara County APCD.
(A) Rule 32.1.
(31) Revised regulations for the following APCD's submitted on April
21, 1976, by the Governor's designee.
(i) Great Basin Unified APCD.
(A) Rules 200 to 216.
(B) Rules 100 to 107, 215, 300 to 303, 400 to 402, 404 to 413, 416
to 421, 500 to 501, 600 to 616, and 800 to 817.
(C) Alpine County APCD: Rules 1.4, 3.1, 4.2-1, 4.7, 4.7-1, 4.8,
4.10, 4.11, and 5.18.
(D) Inyo County APCD: Rules 1.3, 3.1, 4.1, 4.10, 4.11, 4.12, and
5.1.
(E) Mono County APCD: Rules 1.4, 3.1, 4.2-1, 4.7, 4.7-1, 4.8, 4.10,
4.11, 5.1, and 5.18.
[[Page 216]]
(F) Previously approved on June 6, 1977 and now deleted without
replacement Rules 600 to 615 and 800 to 817.
(G) Previously approved on June 6, 1977 in paragraph (c)(31)(i)(B)
of this section and now deleted without replacement, Rules 105, 302, and
303.
(H) Previously approved on December 8, 1976 in paragraph
(c)(31)(i)(A) of this section and now deleted without replacement Rules
211 and 214.
(I) Previously approved on June 6, 1977 in paragraph (c)(31)(i)(B)
of this section and now deleted without replacement Rules 107 and 616.
(ii) Sutter County APCD
(A) Rule 4.1
(iii) San Diego County APCD.
(A) Rule 5.
(B) Previously approved on May 11, 1977 in paragraph (c)(31)(iii)(A)
of this section and now deleted without replacement, Rule 5.
(iv) Glenn County APCD
(A) Sections 14.3 and 15.
(v) Kings County APCD.
(A) Rule 411.
(B) Rules 412 and 412.1.
(vi) Southern California APCD.
(A) Rules 461 and 462.
(B) New or amended Rules 103, 104, 105, 106.
(C) Rules 201-207, 209-212, 214-217, and 219.
(D) Previously approved on November 9, 1978 and now deleted without
replacement Rule 211.
(E) Previously approved on June 14, 1978 in paragraph (c)(31)(vi)(B)
of this section and now deleted without replacement, Rule 105.
(F) Previously approved on November 9, 1978 in paragraph
(c)(31)(vi)(C) of this section and now deleted without replacement for
implementation in the Antelope Valley Air Pollution Control District,
Rules 211, 214, 215, and 216.
(vii) Santa Barbara County APCD.
(A) Rule 35.1 and 35.2.
(B) Rule 2(x).
(C) Rule 63, except those portions pertaining to sulfur dioxide and
the 12-hour carbon monoxide criteria levels.
(viii) Fresno County APCD.
(A) Rule 411 and 411.1.
(ix) Kern County APCD.
(A) Rule 412 and 412.1.
(x) Stanislaus County APCD.
(A) Rule 411 and 411.1.
(xi) Tulare County APCD.
(A) Rule 412 and 412.1.
(xii) Madera County APCD.
(A) Rule 411.1 and 411.2.
(xiii) Ventura County APCD.
(A) Rules 2, 4, 36, 40, 41, 42, 43, 104, 201, and 202.
(B) Previously approved on August 15, 1977 and now deleted without
replacement Rule 43.
(xiv) Yolo-Solano APCD.
(A) New or amended Rules 6.1(f) (1 and 2), (g)(4), (h) (1 and 2) and
6.6.
(xv) Nevada County APCD.
(A) Amended Rule 211.
(xvi) Bay Area APCD.
(A) Regulation 2, section 3212.
(B) Regulation 3, section 3203.
(xvii) [Reserved]
(xviii) Amador County APCD.
(A) Rule 404.
(B) New or amended Rules 101, 102, 104, 105, 106, 107, 201, 202,
204, 206, 207.1, 209, 210(A), 211, 212, 213.2, 213.3, 214, 305, 307,
308, 312, 401, 402, 403, 405, 406, 408, 409, 601, 602, 603, 702, 704,
705, 706, 707, 708, 709, 711, 712, 713, 714, 715, 716, 717.
(C) Previously approved and now deleted (without replacement) Rules
18.1 (Regulation V), 22 (Regulation V).
(D) Previously approved on January 24, 1978 and now deleted without
replacement Rules 705 to 709 and 712 to 716.
(E) Previously approved on January 24, 1978 and now deleted without
replacement Rules 213.2 and 213.3.
(F) Previously approved on June 14, 1978 in paragraph
(c)(31)(xvii)(B) of this section and now deleted without replacement,
Rule 105.
(G) Previously approved on January 24, 1978 in paragraph
(c)(31)(xviii)(B) of this section and now deleted without replacement
Rule 717.
(32) Revised regulations for the following APCD's submitted on
August 2, 1976 by the Governor's designee.
(i) Bay Area APCD.
(A) Regulation 2: (1) Sections 2022.1-2, 2035.1, 3211.1, and
Divisions 16-18.
(ii) Stanislaus County APCD.
(A) Rules 102, 104, 105, 111, 112, 114, 301, 305, 407.1, 416, 416.1,
422, 423, 501, 504, and 511.
(B) Previously approved on August 22, 1977 and now deleted without
replacement Rules 501, 404, and 511.
[[Page 217]]
(C) Previously approved on August 22, 1977 in paragraph
(c)(32)(ii)(A) of this section and now deleted without replacement,
Rules 104, 105, 112, 422, and 423.
(iii) Merced County APCD.
(A) Rules 411 and 411.1.
(B) Rule 109.
(C) New or amended Rules 102, 103, 103.1, 104, 105, 108.1, 110 to
115, 302, 401, 404, 405, 407.1, 408.1, 408.2, 409, 409.1, 409.2, 410,
412, 416, 416.1[(I), (II) (A-L), (II) (N-O), (III), (IV), (V), and
(VI)], 421(a), 501, 504, 505, 511, and 518.
(D) Previously approved and now deleted (without replacement) Rules
102(hh) and 102(ii).
(E) Previously approved on June 14, 1978 and now deleted without
replacement Rules 105, 501, and 504.
(F) Previously approved on June 14, 1978 in paragraph
(c)(32)(iii)(C) of this section and now deleted without replacement,
Rule 302.
(G) Previously approved on June 14, 1978 in paragraph
(c)(32)(iii)(C) of this section and now deleted without replacement
Rules 505 and 518.
(iv) Southern California APCD.
(A) New or amended Rules 403, 404, 405, 407, 408, 409, 432, 441,
443, 464, 465, 467, 470, 471, 472, 473, 504, 505, 510, 802, 805, 806,
812, 816.
(B) Previously approved and deleted (without replacement).
(1) Los Angeles County APCD Rules 53.1, 55.
(2) San Bernardino County APCD Rules 50, 51.
(3) Riverside County APCD Rule 55.
(4) Orange County APCD Rule 55.
(C) Rules 202 and 219.
(D) Previously approved on June 14, 1978 and now deleted without
replacement Rules 504, 505, 510, 802, 805, 806, 812, and 816.
(E) Previously approved on June 14, 1978 and now deleted without
replacement.
(1) Los Angeles County APCD Rule 505.
(2) Riverside County APCD Rule 505.
(3) San Bernadino County APCD Rule 505.
(F) Previously approved on June 14, 1978 and now deleted without
replacement Rule 432.
(v) Plumas County APCD.
(A) Amended Rule 324.
(vi) El Dorado County APCD.
(A) Amended Rule 211.
(33)-(34) [Reserved]
(35) Revised regulations for the following APCDs submitted on
November 10, 1976 by the Governor's designee.
(i) Sacramento County APCD.
(A) Rules 1, 2, 11, 12, 21, 22a, 22b, 24, 25, 27, 28, 29, 33, 39,
44, 70, 71, 90, 92, 93, 94, 95, 96, 97, 98, and definitions list
addition to Regulation VII.
(B) Rule 14.
(ii) Southern California APCD.
(A) Rule 461.
(iii) Ventura County APCD.
(A) Rule 70.
(B) Rules 2, 57, 72, and 73 and Regulation VII (Rules 110-129).
(C) Previously approved on August 15, 1977 and now deleted without
replacement Rules 115 to 119, 122, and 128 to 129.
(D) Previously approved on August 15, 1977 in paragraph
(c)(35)(iii)(B) of this section and now deleted without replacement,
Rules 72 (72.9-72.10) and 73.
(iv) Santa Barbara County APCD.
(A) Rule 35.2.
(v) San Joaquin County APCD.
(A) Rules 102, 103, 103.1, 104, 105, 111, 112, 301, 305, 402, 416.1,
501, 504, 511.
(B) Previously approved on October 4, 1977 and now deleted without
replacement Rule 501.
(C) Previously approved on October 4, 1977 in paragraph
(c)(35)(v)(A) of this section and now deleted without replacement, Rules
104, 105, and 112.
(vi) Tulare County APCD.
(A) Rules 102, 103, 103.1, 104, 105, 110, 112, 115, 305 (402
paragraphs a. through e. and g.), 405, 407.1, 407.3, 409, 417.1, and
421.
(B) Rules 111 and 402(f).
(C) Previously approved on September 21, 1976 and now deleted
without replacement Rules 105 and 305.
(vii) Fresno County APCD.
(A) Rules 407 and 408.
(viii) Imperial County APCD.
(A) Rules 100, 114.5, 131.5, and 148.D(3).
(ix) Del Norte County APCD.
(A) Rule 540.
(B) [Reserved]
(C) New or amended Rules 100, 110, 120, 130, 150, 160 (except 160(a)
and non-criteria pollutants), 190, 240(d) (except paragraph (3)), 300,
310, 320, 340, 400(b),
[[Page 218]]
410(a), 410(c), 420, 430, 440, 470, 480, 482, 500, 510, 520, 600, 610,
620, 630, 640, and 650; and the following portions of Regulation 2:
General prohibitions (all of page 1), Articles I and II, paragraphs A1,
A2, A3, A4, 5, 7, and 8 of Article III, and Articles IV to VII.
(x) San Diego County APCD.
(A) Rules 2(k), 3, 50, 52, 53, 60, 62.
(xi) Monterey Bay Unified APCD.
(A) Rules 101, 104, 106, 214, 301, 404(c), 406, 407, 415, 601 to
603, 609, 801, 805, and 811.
(xii) San Luis Obispo County APCD.
(A) New or amended Rules 101 Title, 102, 103, 105(A)(2) through
105(A)(46), 106, 108, 109, 110 Enforcement, 111, 401, 403, 405, 408,
409, 410, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812,
813, 814, 815, 816, 817.
(B) Rule 107.
(C) Rules previously approved and now deleted (without replacement)
101(1)(b), 101(2), 101(3), and 101(4) Effective Date, 110 Prohibitions,
116(1), 116(3), 119(1) and 119(4).
(D) Amended Rules 501 and 502 (sections A-F, H-I, K-N, O(1), P-Q).
(E) New or amended Rules 202, 205, 206, 207, 208, 209, 210, and 211.
(F) Previously approved on August 4, 1978 and now deleted without
replacement Rules 801 to 817.
(G) Previously approved on August 4, 1978 and now deleted without
replacement Rules 102 and 408.
(H) Previously approved on August 4, 1978 in paragraph
(c)(35)(xii)(A) of this section and now deleted without replacement,
Rules 110 and 111.
(I) Previously approved on February 1, 1984 in paragraph
(c)(35)(xii)(E) of this section and now deleted without replacement
Rules 202, 206, 207, and 208.
(xiii) Kern County APCD.
(A) New or amended Rules 102, 102(d), 102(oo), 103, 103.1, 104 to
105, 110, 112, 301(f), 305(a), 402 (c) and (e), 417(I)(A),
417(II)(B)(L), 501, and 511.
(B) Rule 504.
(C) Previously approved on March 22, 1978 and now deleted without
replacement Rules 105, 501, 504, and 511 (including Southeast Desert).
(D) Previously approved on March 22, 1978 in paragraph
(c)(35)(xiii)(A) of this section and now deleted without replacement,
Rule 104.
(E) Previously approved on March 22, 1978 in paragraph
(c)(35)(xiii)(A) of this section and now deleted without replacement for
implementation in the San Joaquin Valley Air Basin, Rule 104.
(xiv) Humboldt County APCD.
(A) Rule 540.
(B) [Reserved]
(C) New or amended Rules 100, 110, 120, 130, 150, 160 (except 160(a)
and non-criteria pollutants), 190, 240(d) (except paragraph (3)), 300,
310, 320, 340, 400(b), 410(a), 410(c), 420, 430, 440, 470, 480, 482,
500, 510, 520, 600, 610, 620, 630, 640, and 650; and the following
portions of Regulation 2: General prohibitions (all of page 1), Articles
I and II, paragraphs A1, A2, A3, A4, 5, 7, and 8 of Article III,
Articles IV to VII, and Appendix A.
(D) Previously approved and now deleted (without replacement) Rules
5, 6, 80, 87, and 95.
(E) Previously approved on August 2, 1978 and now deleted without
replacement Rules 340, 510, and 620 to 650.
(xv) Mendocino County APCD.
(A) Rule 540.
(B) [Reserved]
(C) New or amended Rules 100, 110, 120, 130, 150, 160 (except 160(a)
and noncriteria pollutants), 190, 300 (except paragraph (a)), 310, 340,
400(b), 410(b), 410(c), 430, 440, 460, 470, 480, 482, 500, 510, 520,
600, 610, 620, 630, 640, and 650; and the following portions of
regulation 2: General prohibitions (all of page 1), Articles I and II,
paragraphs A1, A2, A3, A4, 5, 7, and 8 of Article III, Articles IV and
V, Article VI(a) to (i), Article VII, and Appendices B and C.
(D) Previously approved and now deleted (without replacement) Parts
IV, V-5-B, VI-1, and VI-4.
(E) Previously approved on November 7, 1978 and now deleted without
replacement Rules 510, 620, 640, and 650.
(F) Previously approved on November 7, 1978 in paragraph
(c)(35)(xv)(C) of this section and now deleted without replacement,
Rules 340.
(G) Previously approved on November 7, 1978 in paragraph
(c)(35)(xv)(C) of this section and now deleted without replacement Rule
630.
(xvi) Northern Sonoma County APCD.
(A) Rule 540.
[[Page 219]]
(B) New or amended Rules 100, 110, 120, 130, 150, 160, (except
160(a) and non-criteria pollutants), 190, 300, 310, 320, 340, 400(b),
410(a), 410(c), 420, 430, 440, 470, 480, 482, 500, 510, 520, 600, 610,
620, 630, 640, and 650; and the following portions of Regulation 2:
General prohibitions (all of page 1), Articles I and II, paragraphs A1,
A2, A3, A4, 5, 7, and 8 of Article III, Articles IV and V, paragraphs
(a) to (i) of Article VI, and Article VII.
(C) Previously approved on August 16, 1978 and now deleted without
replacement Rules 340, 510, 600, 610, 620, 630, 640, and 650.
(xvii) Trinity County APCD.
(A) Rule 540.
(B) [Reserved]
(C) New or amended Rules 100, 110, 120, 130, 150, 160 (except 160(a)
and non-criteria pollutants), 190, 240(d) except paragraph (3)), 300,
310, 320, 340, 400(b), 410(a), 410(c), 420, 430, 440, 470, 480, 482,
500, 510, 520, 600, 610, 620, 630, 640, and 650; and the following
portions of regulation 2: General prohibitions (all of page 1), articles
I and II, paragraphs A1, A2, A3, A4, 5, 7 and 8 of article III, articles
IV and V, paragraphs (a) to (i) of article VI, and article VII.
(D) Previously approved on August 2, 1978 and now deleted without
replacement Rules 340, 510, and 620 to 650.
(36) Revised regulations for the following APCD were submitted on
November 19, 1976, by the Governor's designee.
(i) Southern California APCD.
(A) Rules 213, 213.1, and 213.2.
(B) Previously approved on November 9, 1978 and now deleted without
replacement Rule 213, 213.1, and 213.2.
(37) Revised regulations for the following APCD's submitted on
February 10, 1977, by the Governor's designee.
(i) Southern California APCD.
(A) New or amended Rules 102, 468, 469, 474, 475, 476.
(B) Rule 430.
(C) Amended Rule 431.
(ii) San Diego County APCD.
(A) Rule 68.
(iii) San Luis Obispo County APCD.
(A) Rule 112, and Rules 404(A) through 404(B)(1)(a), 404(B)(1)(c),
404(B)(2), 404(B)(3), 404(B)(4), 404(c), 404(D), and 404(E).
(iv) Lake County APCD.
(A) Rules 500, 510, and 511.
(B) New or amended sections 100, 200 to 205.1, 207 to 234, 236, 238
to 260, 300, 301, 400, 401, 402 (A to E, and G), 410, 411, 412 (A and
C), 430 to 439, 520, 530 to 533, 800, 900 to 902, 1000 to 1003, 1100,
1200, 1300, 1400, 1500, 1600, 1601, 1610, 1611, 1612, 1620, 1700, 1701,
1710 to 1714, 1720 to 1725, 1730, 1731 to 1736, and tables I, II, III,
IV, and V.
(C) Previously approved and now deleted (without replacement) part
II; sections 9, 15, 18, 28, 42, 43, 49a, 49b, 50, 52, and 54 of part
III; sections 1 to 4 of part IV; section (1)(B) of part V; and parts IV
and VI of Appendix B.
(D) Previously approved on August 4, 1978 and now deleted without
replacement Rules 300, 800, 1600, 1601, 1610 to 1612, 1620, 1700 to
1701, 1710 to 1714, 1720 to 1725, 1730 to 1736, and Tables I to V.
(E) Previously approved on August 4, 1978 in paragraph
(c)(37)(iv)(B) of this section and now deleted without replacement,
Rules 531, 901, and 1500.
(v) Tuolumne County APCD.
(A) Rule 404.
(B) New or amended Rules 102, 202, 203, 206, 207, 208, 209, 213,
215, 216, 217, 301, 302, 303, 304, 308, 319, 321, 322, 323, 324, 402,
407, 409, 601, 602, 603, 604, 605, 700, 701, 702, 703, 704, 705, 706,
707, 708, 709, 710, 711, 712, 713, 714, 715, 716, and 717 and rescinded
Rules 413 and 414.
(C) Previously approved on December 6, 1979 and now deleted without
replacement Rules 601 to 605, 700 to 704, and 705 to 716.
(D) Previously approved on December 6, 1979 in paragraph
(c)(37)(v)(B) of this section and now deleted without replacement, Rules
216, 323, and 324.
(E) Previously approved on December 6, 1979 in paragraph
(c)(37)(v)(B) of this section and now deleted without replacement Rule
717.
(38) Revisions to air pollution emergency episode plans submitted on
June 1, 1977 by the Governor's designee.
(i) South Coast Air Quality Management District's Regulation VII
Emergencies as revised on May 6, 1977. No action has been taken on those
portions of Rules 702, 703, 704, 706, 708, 708.2, 710, 711, 712 and 714
that pertain to sulfate, oxidant in combination with sulfate, or oxidant
in combination with sulfur dioxide. No action has been taken on Rules
708.2(b)(3)(B),
[[Page 220]]
708.2(b)(4)(B), 708.2(b)(4)(C) and 708.2(b)(5)(C).
(39) Revised regulations for the following APCDs submitted on June
6, 1977, by the Governor's designee.
(i) Great Basin Unified APCD.
(A) Rule 403.
(ii) San Bernardino County APCD (Southeast Desert portion).
(A) Rule 430.
(B) Rules 201-207, 209-212, 213, 213.1, 213.2, 214-217, and 219.
(C) New or amended Rules 104, 106, 208, 218, 401, 403, 53-A(a), 407
to 409, 431, 432, 441 to 443, 464 to 470, 472, 473, 475, 476, 503 to
508, 510 to 518, 801 to 817.
(D) [Reserved]
(E) Rules 703, 704 (except those portions that pertain to the
criteria levels for carbon monoxide and sulfur dioxide), 705, 706, 707,
708, 709, 710, 711, 713, and 714.
(F) Previously approved on September 8, 1978 and now deleted without
replacement Rules 503 to 508, 510 to 516, 518, and 801 to 817.
(G) Previously approved on September 8, 1978 and now deleted without
replacement Rules 466 and 467.
(H) Previously approved on September 8, 1978 in paragraph
(c)(39)(ii)(C) of this section and now deleted without replacement for
implementation in the Mojave Desert Air Quality Management District,
Rule 517.
(I) Previously approved on November 9, 1978 in paragraph
(c)(39)(ii)(B) of this section and now deleted without replacement for
implementation in the Mojave Desert Air Quality Management District,
Rules 210, 211, and 214 to 216.
(iii) Los Angeles County APCD (Southeast Desert portion).
(A) Rule 430.
(B) Rules 201-207, 209-212, 213, 213.1, 213.2, 214-217, and 219.
(C) New or amended Rules 101, 102, 2, 103 to 106, 208, 218, 301, 42,
401, 403 to 405, 407 to 409, 431, 432, 441 to 444, 461, 463 to 476, 502
to 518, 801 to 817.
(D) Deleted without replacement Rule 53.1, and Regulation VI--
Orchard or Citrus Grove Heaters.
(E) Rules 701, 702, 703, 704 (except those portions that pertain to
the criteria levels for carbon monoxide and sulfur dioxide), 705, 706,
707, 708, 709, 710, 711, 712, 713, 714, and 715.
(F) Previously approved on September 8, 1978 and now deleted without
replacement Rules 502 to 516, 518, and 801 to 817.
(G) Previously approved on September 8, 1978 in paragraph
(c)(39)(iii)(C) of this section and now deleted without replacement,
Rules 42 and 105.
(iv) Riverside County APCD (Southeast Desert portion).
(A) Rule 430.
(B) Rules 201-207, 209-212, 213, 213.1, 213.2, 214-217 and 219.
(C) New or amended Rules 103, 104, 208, 218, 301, 42, 401, 403 to
405, 53, 56, 407 to 409, 431, 432, 441 to 444, 463 to 476, 73, 503 to
518, 801 to 817.
(D) Deleted without replacement Regulation V--Orchard, Field or
Citrus Grove Heaters.
(E) Rules 702, 703, 704 (except those portions that pertain to the
criteria levels for carbon monoxide and sulfur dioxide), 705, 706, 707,
708, 709, 710, 711, 712, 713, 714, and 715.
(F) Previously approved on September 8, 1978 and now deleted without
replacement Rules 503 to 516, 518, and 801 to 817.
(G) Previously approved on September 8, 1978 in paragraph
(c)(39)(iv)(C) of this section and now deleted without replacement,
Rules 42 and 301.
(H) Previously approved on November 9, 1978 in paragraph
(c)(39)(iv)(B) of this section and now deleted without replacement for
implementation in the Mojave Desert Air Quality Management District,
Rules 210, 211, and 214 to 216.
(I) Previously approved on September 8, 1978 in paragraph
(c)(39)(iv)(C) of this section and now deleted without replacement for
implementation in the Mojave Desert Air Quality Management District,
Rule 517.
(v) Yolo-Solano APCD.
(A) Amended Rule 2.21.
(vi) South Coast Air Quality Management District.
(A) Amended Rule 461.
(B) Amended Rule 431.
(vii) Mariposa County APCD.
(A) New or amended Rules 102(B), 102(E), 102(S), 102(II), 102(SS),
203 (with the exception of (D)), 206(B), 207, 208, 211, 215, 216, 301,
302, 303, 304, 308, 319,
[[Page 221]]
320, 321, 322, 324, 402, 404, 407, 507, 514, 600, 603, and 610.
(B) Previously approved and now deleted (without replacement) Rule
203(k).
(C) Previously approved on June 6, 1977 and now deleted without
replacement Rules 600, 603, and 610.
(D) Previously approved on August 16, 1978 in paragraph
(c)(39)(vii)(A) of this section and now deleted without replacement,
Rules 216 and 402.
(E) Previously approved on August 16, 1978 in paragraph
(c)(39)(vii)(A) of this section and now deleted without replacement Rule
514.
(viii) Sierra County APCD.
(A) New or amended Rules 102(B), 102(E), 102(S), 102(II), 102(SS),
203 (with the exception of (D) and (G)), 206(B), 207, 208, 211, 215,
216, 301, 302, 303, 308, 319, 320, 321, 322, 324, 402, 404, 407, 409,
507, 514, 516, 600 to 617.
(B) Previously approved and now deleted (without replacement) Rules
203(j) and 620.
(C) Previously approved on September 14, 1978 and now deleted
without replacement Rules 601 to 602, 604 to 609, and 611.
(D) Previously approved and now deleted, Rule 102.
(E) Previously approved on September 14, 1978 in paragraph
(c)(39)(viii)(A) of this section and now deleted without replacement
Rules 600, 612, 613, 614, 615, 616, and 617.
(ix) Plumas County APCD.
(A) New or amended Rules 102(B), 102(E), 102(S), 102(II), 102(SS),
203 (with the exception of (D) and (G)), 206(B), 207, 208, 211, 215,
216, 301, 302, 303, 304, 307, 308, 319, 320, 321, 322, 324, 402, 404,
407, 409, 507, 514, 602 to 605, 700, 703, and 710.
(B) Previously approved on September 14, 1978 and now deleted
without replacement Rules 602 to 605, 700, and 710.
(C) Previously approved and now deleted, Rule 102.
(x) Nevada County APCD.
(A) New or amended Rules 102(B), 102(E), 102(S), 102(II), 102(SS),
103, 104, 203(e and i), 206(B), 207, 216, 304, 319, 320, 321, 402, 407,
409, 507, 514, 700, 703(E and I), 704, 710 and 711(A).
(B) Previously approved on September 14, 1978 and now deleted
without replacement Rules 704, 710, and 711(A).
(C) Previously approved and now deleted, Rule 102.
(D) Previously approved on September 14, 1978 in paragraph
(c)(39)(x)(A) of this section and now deleted without replacement, Rule
402.
(E) Previously approved on September 14, 1978 in paragraph
(c)(39)(x)(A) of this section and now deleted without replacement Rule
514.
(40) [Reserved]
(41) Revised regulations for the following APCD's submitted on
October 13, 1977, by the Governor's designee.
(i) Kings County APCD.
(A) New or amended Rules 412 and 412.2.
(ii) San Diego County Air Pollution Control District.
(A) New or amended Rules 2(b), 2(t), 2(u), 2(v), 2(w), 3, 19.2, 40,
42, 50, 52, 53, 54, 61.5, 64, 65, 66, 68, 71, 76, 77, 85, 95, 96,
101(f), 102(d), 102(e), 103(d), 103(g), 104, 109, and 177.
(1) Rule 65 is now removed without replacement as of March 14, 1989.
(B) Previously approved and now deleted (without replacement) Rule
113.
(C) Regulation VIII, Rules 126-138 and Appendix A, except as these
rules apply to the 12-hour carbon monoxide episode criteria specified in
Rule 127.
(D) Previously approved on August 31, 1978 and now deleted without
replacement Rules 77, 85, and 96.
(E) Previously approved on August 31, 1978 and now deleted without
replacement Rule 3.
(F) Previously approved on August 31, 1978 in paragraph
(c)(41)(ii)(A) of this section and now deleted Rule 104 (now replaced by
Rule 101).
(iii) Bay Area APCD.
(A) New or amended rules: Regulation 1, section 3121 and Regulation
2, sections 3210.5 to 3210.11.
(iv) Ventura County APCD.
(A) New Rule 105.
(v) Kern County APCD.
(A) Rule 108.
(vi) San Luis Obispo County APCD.
(A) New Rule 113.
(vii) Monterey Bay Unified APCD.
(A) New Rules 215, 422.
(viii) Amador County APCD.
(A) New or amended Rules 102(C), 102(F), 102(AW), 103, 205(A)(1),
207, 212,
[[Page 222]]
216, 302(A), 304, 305(C), 313(A), 507, 602.1, 604, 605, 701, 703(E) and
710.
(ix) Calaveras County APCD.
(A) New or amended Rules 102, 203 (with the exception of (D) and
(G)), 206(B), 207, 208, 209, 211, 215, 216, 217, 301, 302, 303, 304,
319, 320, 321, 322, 323, 324, 402, 404, 407, 507, 602 to 604, 700, 702,
703, 710, and 715.
(B) Previously approved and now deleted (without replacement) Rule
203(J).
(C) Previously approved on November 7, 1978 and now deleted without
replacement Rules 700, 702, 703, 710, 715.
(D) Previously approved on November 7, 1978 in paragraph
(c)(41)(ix)(A) of this section and now deleted without replacement,
Rules 216, 324, 402, 602, 603, and 604.
(x) Placer County APCD.
(A) New or amended Rules 101, 102, 103, 104, 203 (with the exception
of (G)), 206, 207, 208, 210, 211, 213, 214, 301 to 311, 313 to 322, 401,
402, 404, 407, 408, 409, 507, 603 to 605, 702 to 704, 706, 708, 709,
710, 715, 801 to 804.
(B) Previously approved on November 15, 1978 and now deleted without
replacement Rules 703, 704, 708 to 710, and 715 (Mountain Counties Air
Basin).
(C) Previously approved on November 15, 1978 and now deleted without
replacement Rules 603 to 605, 702 to 704, 706, 708 to 710, and 715 (Lake
Tahoe Air Basin).
(D) Previously approved on November 15, 1978 in paragraph
(c)(41)(x)(A) of this section and now deleted without replacement, Rule
402.
(E) Previously approved on November 15, 1978 in paragraph
(c)(41)(x)(A) of this section and now deleted without replacement, Rules
801 to 804 (Lake Tahoe Air Basin).
(F) Previously approved on November 15, 1978 in paragraph
(c)(41)(x)(A) of this section and now deleted without replacement, Rules
801, 802, 803 (paragraphs B and C), and 804 (Mountain Counties Air
Basin).
(G) Previously approved on November 15, 1978 in paragraph
(c)(41)(x)(A) of this section and now deleted without replacement, Rules
603, 604, 605, and 801 to 804 (Sacramento Valley Air Basin).
(H) Previously approved on November 15, 1978 in paragraph
(c)(41)(x)(A) of this section and now deleted without replacement Rule
706 (Mountain Counties Air Basin).
(I) Previously approved on November 15, 1978 in paragraph
(c)(41)(x)(A) of this section and now deleted without replacement Rules
702 to 704, 706, 708 to 710, and 715 (Sacramento Valley Air Basin).
(xi) Tulare County APCD.
(A) New or amended Rules 108 and 412.1
(xii) Shasta County APCD.
(A) New or amended Rules 1:2 (with the exception of the definition
of ``person''); 2:6(1)(a), (1)(b), (i-ii), (1)(b)(iii), (a, b, and d),
(1)(b), (iv-vii), (1)(c), (i-vi and viii), (1) (d and e), (2) (a-d and
f), (3) (a-c and e-g), (4) (a-c and e-i), (5) (b-d); 2:7, 2:8; 3:2
(except part VI and VII of table II, and explanatory notes 6 and 7);
3:4, 4:1, 4:5, 4:6, 4:14, and 4:19.
(B) Previously approved on November 14, 1978 and now deleted without
replacement Rules 4.5 and 4.6.
(xiii) Madera County APCD.
(A) Amended Rule 412.1.
(xiv) South Coast Air Quality Management District.
(A) New or amended Rules 101 and 102 (except for the definition of
``agricultural burning'').
(xv) Northern Sonoma County APCD.
(A) New or amended Rules 420(e) and (f), and 455(a) and (d).
(42) Revised regulations for the following APCD's submitted on
November 4, 1977 by the Governor's designee.
(i) Imperial County APCD.
(A) New or amended Rules 100 to 110, 113 to 115, 301 to 303, 305,
401, 403 to 406, 408, 409, 411 to 416, 419 to 422, 501 to 516, and 701
to 706.
(B) Previously approved and now deleted (without replacement), Rules
106B, 113, 126, 131 and 147.
(C) Rules 601, 602 (except those portions that pertain to the
criteria levels for carbon monoxide and sulfur dioxide), 603, 604, 605,
606, 607, 608, 609, 610, 611, 612, 613, and 614.
(D) New Rule 417 (A-H, and J).
(E) Previously approved on August 11, 1978 and now deleted without
replacement Rules 501 to 512 and 514 to 516.
(F) Previously approved on August 11, 1978 in paragraph
(c)(42)(i)(A) of this section and now deleted without replacement, Rules
104, 106, and 303.
[[Page 223]]
(ii) Sacramento County APCD.
(A) Rules 3, 7(a) to 7(b)(2), 7b(4) to 7(d), 9, 11, 12, 13, 14, 15,
21, 22a, 23, 24, 25, 26, 94, 95, 96, 97, and 98.
(B) Rules 120, 121, 122, 125, and 126, except those portions that
pertain to the 12-hour CO criteria level.
(iii) Kings County APCD.
(A) New or amended Rules 102, 103, 103.1, 104, 105, 108, 108.1, 110,
111, 112, 113, 401, 402(a) to 402(d), 402(f), 402(g), 404, 404.1, 405,
405.1, 405.2, 405.3, 406, 407.1, 409, 410, 416.1, 417, 417.1, 418, 421,
and 501.
(B) Previously approved and now deleted, Rule 405.1.
(C) Previously approved on August 4, 1978 and now deleted without
replacement Rules 105 and 501.
(D) Previously approved on August 4, 1978 in paragraph
(c)(42)(iii)(A) of this section and now deleted without replacement,
Rules 104 and 110.
(iv) Stanislaus County APCD.
(A) New or amended Rules 103.1, 108, 411.1.
(v) Merced County APCD.
(A) Amended Rules 411(b) and 411.1.
(vi) Kern County APCD.
(A) Rule 412.1.
(vii) San Luis Obispo County APCD.
(A) New or amended Rules 105(A)(1), 407, 501(A)(7), 502(A)(3).
(viii) Glenn County APCD.
(A) New or amended Rules 82, 152, and 154.
(B) Previously approved on September 14, 1978 in paragraph
(c)(42)(viii)(A) of this section and now deleted without replacement,
Rules 152 and 154.
(ix) Great Basin Unified APCD.
(A) New or amended Rules 300, 423, and 617.
(B) Previously approved and now deleted (without replacement) Rules
411 and 418.
(x) El Dorado County APCD.
(A) New or amended Rules 102, 201, 203 [with the exception of (G)],
206(B), 207, 208, 215, 216, 217, 217-49 to 217-50, 217-51(A to D), 217-
53 to 217-56, 217-1 to 217-3, 302, 303, 304, 307, 308, 319, 320, 321,
322, 324, 402, 407, 409, 507, 700, 703 and 710.
(B) Previously approved on November 6, 1978 in paragraph
(c)(42)(x)(A) of this section and now deleted Rule 102.
(C) Previously approved on November 6, 1978 in paragraph
(c)(42)(x)(A) of this section and now deleted without replacement, Rules
216, 324, and 402.
(D) Previously approved on November 6, 1978 in paragraph
(c)(42)(x)(A) of this section and now deleted without replacement Rules
700, 703, and 710.
(xi) Fresno County APCD.
(A) New or amended Rules 411.1 and 416.1(g).
(xii) San Joaquin County APCD.
(A) New or amended Rules 108 and 411.2.
(xiii) San Bernardino County Desert APCD.
(A) New or amended Rules 101, 102, 103, 105, 404, 405, 406(a), 444,
461, 462, 463, 471, 474, 501, 502 and 509.
(B) Previously approved and now deleted without replacement Rules 44
and 53.1.
(C) Rules 701, 702, 712, and 715.
(D) Previously approved on December 21, 1978 and now deleted without
replacement Rules 501, 502, and 509.
(xiv) Riverside County APCD.
(A) New or amended Rules 101, 102, 105, 461, and 501.
(B) Rule 701.
(C) Previously approved on December 21, 1978 and now deleted without
replacement Rule 501.
(D) Previously approved on December 21, 1978 in paragraph
(c)(42)(xiv)(A) of this section and now deleted without replacement,
Rule 105 (Mojave Desert AQMD only).
(xv) Del Norte County APCD.
(A) New or amended Rules 240(e), 420 (e) and (f), and 455 (a) and
(d), and Appendix D to regulation 1.
(xvi) South Coast Air Quality Management District.
(A) New or amended Rules 218, 463, and 466.
(B) Rules 702 (map only) and 708.2.
(C) Rules 714 and 715.1 (except those portions that pertain to
sulfate, oxidant in combination with sulfate, and oxidant in combination
with sulfur dioxide).
(xvii) Humboldt County APCD.
(A) New or amended Rules 240(e), 420 (e) and (f), and 455 (a) and
(d), and Appendix D to Regulation 1.
(xviii) Santa Barbara County APCD.
(A) New Rule 39.3.
(xix) Mendocino County APCD.
[[Page 224]]
(A) New or amended Rules 240(e), 420 (e) and (f), and 455 (a) and
(d), and Appendix D to Regulation 1.
(xx) Trinity County APCD.
(A) New or amended Rules 240(e), 420 (e) and (f), and 455 (a) and
(d), and Appendix D to Regulation 1.
(xxi) Northern Sonoma County APCD.
(A) New or amended Rules 240(e), 310, and Appendix D to Regulation
1.
(xxii) Monterey Bay Unified APCD.
(A) Regulation VII, Rules 700-713.
(43) [Reserved]
(44) Revised regulations for the following APCD's submitted on June
22, 1978, by the Governor's designee.
(i) Great Basin Unified APCD.
(A) Amended Rule 419.
(ii) Santa Barbara County APCD.
(A) New Rule 24.15.
(iii) Ventura County APCD.
(A) New or amended Rules 2, 7, and 56 (with the exception of
Sections B(2)(c) and C).
(iv) Yolo-Solano APCD.
(A) Amended Rules 1.2 (preamble), 1.4, 2.8(c)(2), 2.13(h)(4), 2.15,
2.17, 2.20, 4.4(b), 5.1, 5.4(e)(1), 5.10, 5.11, and 6.7(f).
(B) Previously approved and now deleted (without replacement) Rule
2.8(b)(4).
(C) Previously approved on January 29, 1979 and now deleted without
replacement Rules 5.1, 5.10 and 5.11.
(D) Previously approved on January 29, 1979 in paragraph
(c)(44)(iv)(A) of this section and now deleted without replacement, Rule
1.4.
(v) South Coast Air Quality Management District.
(A) Rules 102, 501.1, and 503.
(B) Previously approved on March 28, 1979, and now deleted without
replacement Rule 503.
(vi) San Diego County APCD.
(A) New or amended Rules 66, 67.0, and 67.1.
(45) Revised regulations for the following APCD's submitted on July
13, 1978 by the Governor's designee.
(i) Bay Area APCD.
(A) New or amended Regulation 2, Division 3, sections 3210.11(B),
3211.2; Regulation 3, Division 3, Sec. 3102.1; Regulation 9.
(ii) South Coast AQMD.
(A) Rules 302, 461, 465, 1102, and 1113.
(iii) San Diego County APCD.
(A) New or amended Rules 42, 76, and 97.
(B) Previously approved on July 30, 1979 and now deleted without
replacement Rules 76 and 97.
(46) The following Administrative Chapters of the California SIP,
submitted on December 29, 1978, by the Governor's designee.
(i) Chapter 2--Statewide Perspective.
(ii) Chapter 20--Compliance.
(iii) Chapter 23--Source Surveillance.
(iv) Chapter 24--Resources.
(v) Chapter 25--Intergovernmental Relations.
(47) Revised regulations for the following APCD's submitted on
January 2, 1979 by the Governor's designee.
(i) South Coast AQMD.
(A) New or amended Rules 301, 303, 708.3, 1201-1206, 1209-1211,
1214, 1217, 1220-1221, 1223-1224 and 1231.
(B) New or amended Rules 462, 481, and 1104.
(C) Previously approved on May 9, 1980 and now deleted without
replacement for implementation in the Antelope Valley Air Pollution
Control District Rules 1201-1205, 1209-1211, 1214, 1217, 1220-1221, and
1223-1224.
(D) Previously approved on May 9, 1980 and now deleted without
replacement for implementation in the South Coast Air Quality Management
District, Rule 1231. (JR)
(E) Previously approved on May 9, 1980 in paragraph (c)(47)(i)(A) of
this section and now deleted without replacement for implementation in
the Antelope Valley Air Pollution Control District Rule 1231.
(F) Previously approved on May 9, 1980 in paragraph (c)(47)(i)(A) of
this section and now deleted without replacement for implementation in
the Mojave Desert Air Quality Management District (Riverside County),
Rules 1201 to 1205, 1209 to 1211, 1214, 1217, 1220, 1221, 1223, and
1224.
(G) Previously approved on May 9, 1980 in paragraph (c)(47)(i)(A) of
this section and now deleted without replacement for implementation in
the South Coast Air Quality Management District, Rules 1201 to 1205,
1209 to 1211, 1214, 1217, 1220, 1221, 1223, and 1224.
(ii) Fresno County APCD.
(A) New or amended Rules 110, 416.1, and 519.
[[Page 225]]
(B) New or amended Rule 409.1.
(iii) Kern County APCD.
(A) New or amended Rules 111, 301, and 519.
(B) Rule 412.
(iv) Lake County APCD.
(A) New or amended Rules 435, and 436, and Tables V and VI.
(v) Monterey Bay Unified APCD.
(A) Amended Rule 301.
(vi) Siskiyou County APCD.
(A) Amended Rule 4.3.
(vii) San Luis Obispo County APCD.
(A) Rule 407.
(B) New or amended Rule 201.
(48) Chapter 3--Legal Authority of the California SIP, submitted on
March 16, 1979, by the Governor's designee.
(49) Addendum to Chapter 23 of the California SIP submitted on March
29, 1979, by the Governor's designee.
(50) Revised regulations for the following APCD's submitted on May
7, 1979, by the Governor's designee.
(i) Del Norte County APCD.
(A) New or amended Rules 240, 410 (a) and (c), and 615.
(B) Previously approved on October 31, 1980 and now deleted without
replacement Rule 615.
(ii) Humboldt County APCD.
(A) New or amended Rules 240, 410 (a) and (c), 615.
(B) Previously approved on October 31, 1980 and now deleted without
replacement Rule 615.
(iii) Mendocino County APCD.
(A) New or amended Rules 240, 410, and 615.
(B) Previously approved on October 31, 1980 and now deleted without
replacement Rule 615.
(iv) Trinity County APCD.
(A) New or amended Rules 240, 410 (a) and (c), and 615.
(B) Previously approved on October 31, 1980 and now deleted without
replacement Rule 615.
(v) Northern Sonoma County APCD.
(A) New or amended Rules 240, 300, 310, 320, 410 (a) and (c), 420,
540, 615.
(B) Previously approved on October 31, 1980 and now deleted without
replacement Rules 320 and 615.
(vi) Merced County APCD.
(A) New or amended Rule 409.1.
(B) New or amended Rule 519.
(vii) Modoc County APCD.
(A) New or amended Rules 1:2 w, 2:11, 2:15, 3:3 and 3:4.
(viii) Monterey Bay Unified APCD.
(A) Rules 403 and 602.
(ix) Ventura County APCD.
(A) New or amended Rules 71 and 71.3.
(B) New or amended Rule 11.
(x) San Diego County APCD.
(A) New or amended Rule 10(h) and deletion of Rule 43.
(51) Revised regulations for the following APCD's submitted May 23,
1979, by the Governor's designee.
(i) Kern County APCD.
(A) Amended Rules 305 and 503.
(B) Rules 410.1 and 424.
(C) Previously approved on August 11, 1980 and now deleted without
replacement Rule 503 (including Southeast Desert).
(ii) Monterey Bay Unified APCD.
(A) Rule 417.
(B) Rule 617.
(iii) Del Norte County APCD.
(A) New or amended Rules 130, 300, 310, 320, 420, 540 and Regulation
1/Appendix D.
(B) Previously approved on October 31, 1980 and now deleted without
replacement Rule 320.
(iv) Humboldt County APCD.
(A) New or amended Rules 130, 300, 310, 320, 420, 540 and Regulation
1/Appendix D.
(B) Previously approved on October 31, 1980 and now deleted without
replacement Rule 320.
(v) Mendocino County APCD.
(A) New or amended Rules 130, 300, 310, 320, 420, 540 and Regulation
1/Appendix D.
(B) Previously approved on October 31, 1980 and now deleted without
replacement Rule 320.
(vi) Trinity County APCD.
(A) New or amended Rules 130, 300, 310, 320, 420, 540 and Regulation
1/Appendix D.
(B) Previously approved on October 31, 1980 and now deleted without
replacement Rule 320.
(vii) San Diego County APCD.
(A) Amended Rules 2(t), 61.5, and 61.7.
(B) New or amended Rules 19.2(d)(4), 50, 62(a), 66(P) and (W), 95,
and 98.
(C) New or amended Rule 11.
(D) Previously approved on September 28, 1981 and now deleted
without replacement Rules 95 and 98.
(viii) San Joaquin County APCD.
(A) New or amended Rule 409.1.
[[Page 226]]
(B) New or amended Rules 110 (a), (b), and (d)-(i), 301, 303-311,
and 511.
(C) New or amended Rules 102, 108.2, 110(c), 302, 401, and 521.
(D) Previously approved on December 9, 1981 and now deleted without
replacement Rules 301, 303 to 311, and 511.
(E) Previously approved on June 18, 1982 and now deleted without
replacement Rule 302.
(ix) Stanislaus County APCD.
(A) New or amended Rule 409.1.
(B) New or amended Rule 110 (A), (B) and (D)-(I).
(C) New or amended Rules 110(c) and 519.
(D) Previously approved on June 18, 1982 and now deleted without
replacement Rule 519.
(x) Tulare County APCD.
(A) New or amended Rules 410.1 and 413.
(B) New or amended Rules 111 (a), (b), and (d)-(i), 402, and 417.
(C) New or amended Rules 108, 111(c), 201, 410 and 519.
(xi) Lake County APCD.
(A) New Rules 227.1, 254.1, and 660.
(B) Previously approved on January 27, 1981 in paragraph
(c)(51)(xi)(A) of this section and now deleted without replacement, Rule
660.
(xii) San Bernardino County Desert APCD.
(A) New Rules 480 and 501.1.
(B) New or amended Rules 442, 463, and 1113.
(C) Previously approved on January 27, 1981 and now deleted without
replacement Rule 501.1.
(xiii) Santa Barbara County APCD.
(A) New or amended Rules 101, 102, 103, 104, 201(A, B, D, E, F, and
G), 202, 203, 204, 205(A and B), 206, 207, 208, 209, 210, 211, 301, 302,
304, 305, 306, 307, 308, 309, 311, 312, 313, 314, 315, 317, 319, 322,
324, 328, 401, 402, 403, 501, 502, 503, 504, 505, 505-A, 506, 507, 508,
509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 601, 602, 603,
604, 605, 606, 607, 608, 609, and 610.
(B) Previously approved on May 18, 1981 and now deleted without
replacement Rules 210 to 211, 501 to 504, 506 to 512, 514 to 516, and
518.
(C) Previously approved on May 18, 1981 in paragraph
(c)(51)(xiii)(A) of this section and now deleted without replacement,
Rule 402.
(D) Previously approved on May 18, 1981 in paragraph
(c)(51)(xiii)(A) of this section and now deleted without replacement
Rules 204, 207, 208, 209, 513, 517, and 519.
(xiv) El Dorado County APCD--Lake Tahoe Air Basin Portion.
(A) New or amended Rules 101, 102 (except LAER, stationary source,
modification definitions), 103, 104, 201-203, 206A-212, 217, 301-305,
307-310, 312-321, 404, 702-704, 706-710, and 801-804. Deleted Rules
59(g)(1), 102I, 102S, 102BB, 102FF, 102GG, 102LL, 102RR, 208, 214, 601,
602, and 700.
(B) Amended Rule 306.
(C) New or amended Rules 102, LAER, stationary source, and
modifications; 213; and 214.
(D) Previously approved on May 18, 1981 in paragraph (c)(51)(xiv)(A)
of this section and now deleted without replacement, Rules 801 to 804.
(E) Previously approved on May 18, 1981 in paragraph (c)(51)(xiv)(A)
of this section and now deleted without replacement Rules 702 to 704 and
707 to 710.
(xv) Placer County APCD--Mountain Counties Air Basin Portion.
(A) New or amended Rules 404, 602, and 603.
(B) Deletion of Rules 604 and 605.
(C) Previously approved on May 18, 1981 and now deleted without
replacement Rules 404, 602, and 603.
(xvi) Sacramento County APCD.
(A) Amended Rule 71.
(B) Previously approved on January 26, 1982 and now deleted without
replacement Rule 71.
(xvii) Shasta County APCD.
(A) Amended Rule 3.4.
(xviii) Sierra County APCD. (A) New or amended Rules 207, 210, 211,
218 and 618.
(B) Previously approved on January 25, 1982 in paragraph
(c)(51)(xviii)(A) of this section and now deleted without replacement,
Rule 618.
(xix) Tehama County APCD.
(A) Amended Rule 2.1 and previously approved and now deleted Rule
2.9 (Action on Applications).
(xx) Ventura County APCD.
(A) New or amended Rules 6, 8, 9, 13, 24, 40, 63, 75, 102, 103, 110,
111, 112, 113, 114, 120, 121, 123, 124, 125, 126, 127, and 130.
[[Page 227]]
(B) Previously approved on June 18, 1982 and now deleted without
replacement Rules 40, 110 to 114, 120 to 121, 123 to 126, and 130.
(C) Previously approved on June 18, 1982 in paragraph (c)(51)(xx)(A)
of this section and now deleted without replacement, Rule 9.
(D) Previously approved on June 18, 1982 in paragraph (c)(51)(xx)(A)
of this section and now deleted without replacement Rules 8 and 127.
(52) Revised regulations for the following APCD's submitted October
15, 1979, by the Governor's designee.
(i) Kern County APCD.
(A) Amended Rule 302
(B) Rules 410.4, 410.5, and 414.2.
(C) Previously approved on August 21, 1981 and now deleted without
replacement for implementation in the Southeast Desert Air Basin, Rule
414.2.
(D) Previously approved on August 21, 1981 in paragraph
(c)(52)(i)(A) of this section and now deleted without replacement within
the San Joaquin Valley Unified Air Pollution Control District area, Rule
414.2.
(ii) Imperial County APCD.
(A) Rules 415.1 and 424.
(B) New or amended Rules 101 L, 110, 201B, 301, 302, 304, 306, 401,
404, 406, 408, 410, 417 I, 418, 419, 422, Regulation VI, 701, 702, 703
(deletion), 705, and 706.
(C) Previously approved on January 27, 1981 in paragraph
(c)(52)(ii)(B) of this section and now deleted without replacement,
Rules 304 and 706.
(iii) [Reserved]
(iv) Kings County APCD.
(A) New or amended Rules 210.1 (except paragraphs (3)(D) and
(5)(B)(8)), 210.2, 410.1, 410.2, 410.3, 410.5, 412.1, 413, 414.1, and
414.2.
(B) New or amended Rules 111 (A), (B), and (D)-(I), 301, 302, and
401.
(C) New or amended Rules 111(c), and 519.
(D) Previously approved on October 9, 1981 and now deleted without
replacement Rule 302.
(E) Previously approved on June 18, 1982 and now deleted without
replacement Rule 519.
(F) Previously approved on December 9, 1981 in paragraph
(c)(52)(iv)(B) of this section and now deleted without replacement, Rule
301.
(G) Previously approved on May 7, 1982 in paragraph (c)(52)(iv)(A)
of this section and now deleted without replacement: Rule 414.2.
(v) Madera County APCD.
(A) New or amended Rules 210.2, 410.1, 410.3, 410.5, 411, and 412.
(B) New or amended Rules 102, 103, 103.1, 104, 105, 108, 108.1, 110,
115, 210.3, 301, 305, 402(a)-(e), 409, 410, 416, 417, 418, 501, 504,
511, 601, 602, 603, 606-611, and 612.
(C) New or amended Rules 111(c) 402(f) and 519.
(vi) Merced County APCD.
(A) New or amended Rules 210.1 (except paragraphs (3)(D) and
(5)(B)(8)), 210.2, 409.5, and 411.
(B) New or amended Rules 109 (A), (B), and (D)-(I).
(C) New or amended Rule 109(c).
(D) Previously approved on May 7, 1982 in paragraph (c)(52)(vii)(A)
of this section and now deleted without replacement: Rules 413.2 and
413.3.
(vii) San Joaquin County APCD.
(A) New or amended Rules 209.1 (except paragraphs (B)(3) and
(D)(2)(b)), 209.2, 409.3, 410, 411.1, 413, 413.1, 413.2, and 413.3.
(B) New or amended Rule 209.3.
(C) New or amended Rule 209.4.
(viii) Stanislaus County APCD.
(A) New or amended Rules 209.2 and 411.
(ix) Tulare County APCD.
(A) New or amended Rules 210.1 (except paragraphs (C)(4) and
(e)(2)(H)), 210.2 and 410.5.
(B) New or amended Rules 301 and 302.
(C) Previously approved on December 9, 1981 and now deleted without
replacement Rules 301 and 302.
(x) Lake County APCD.
(A) Amended Rule 433.
(xi) Amador County APCD.
(A) New or amended Rules 102, 103, 107, 203, 206B, 207, 209-211,
213, 215, 216, 301-313, 315-324, 401, 402, 404, 407, 409, Regulation VI,
700-704, 710, and 711.
(B) Previously approved on May 18, 1981 and now deleted without
replacement Rules 605, 700 to 704, and 710 to 711.
(C) Previously approved on May 18, 1981 in paragraph (c)(52)(xi)(A)
of this
[[Page 228]]
section and now deleted without replacement, Rules 103, 402, and 601 to
604.
(xii) Nevada County APCD.
(A) New or amended Rules 207, 210, 211, 218, 306, 307, and 404.
(B) Previously approved on May 18, 1981 and now deleted without
replacement Rule 404.
(xiii) Placer County APCD--Mountain Counties Air Basin Portion.
(A) New or amended Rules 101, 102, 104, 201, 202, 207, 210, 211,
220-222, 301-310, and 312-323.
(B) New or amended Rules 215 and 219.
(C) Rule 508 (except paragraph (c)(3)(h)).
(D) New or amended Rules 501B, 502, 504, 506, 512, and 513.
(E) Previously approved and now deleted, Rule 104.
(F) Previously approved on May 18, 1981 in paragraph
(c)(52)(xiii)(D) of this section and now deleted without replacement
Rules 504, 506, 512, and 513.
(G) Previously approved on July 7, 1982 in paragraph
(c)(52)(xiii)(C) of this section and now deleted without replacement:
Rule 508.
(xiv) Tuolumne County APCD.
(A) New or amended Rules 207, 210, 218, and 404.
(xv) Fresno County APCD.
(A) New or amended Rules 210.1 [except paragraphs (3)(D) and
(5)(B)(8)], 210.2, 409.5, 409, 409.3, 409.4, and 411.
(B) New or amended Rules 301, 302, and 305.
(C) Previously approved on December 9, 1981 and now deleted without
replacement Rule 305.
(D) Previously approved on December 9, 1981 in paragraph
(c)(52)(xv)(B) of this section and now deleted without replacement, Rule
302.
(xvi) Yuba County APCD.
(A) New or amended Rules 1, Section 1 (except Silviculture
Deletion), 1.1 (except PPM), 2.0-2.2, 2.4 except (a), 2.5-2.12, 2.15-
2.20, 2.22-2.24, 2.27, 2.30, Section 5 (Deletion), 5.0-5.3, 5.5-5.19,
6.1-6.7, 7, 7.1 and 8.1.
(B) New or amended Rules 2.3 and 2.4(a).
(C) Previously approved on January 26, 1982 in paragraph
(c)(52)(xvi)(A) of this section and now deleted without replacement,
Rules 7.0, 7.1, and 8.1.
(D) Previously approved on January 26, 1982 in paragraph
(c)(52)(xvi)(A) of this section and now deleted without replacement
Rules 5.0 to 5.3, 5.5 to 5.19, and 6.1 to 6.7.
(xvii) San Diego County APCD.
(A) New or amended Rule 67.7 and 67.2.
(xviii) Shasta County APCD.
(A) New or amended Rules 1.1, 1.2, 2.11, 2.12, and 3.2 (except rows
(vi) and (vii)).
(B) Amended Rule 2:5.
(xix) Yolo--Solano APCD.
(A) New or amended Rules 4.1-4.3.
(B) New or amended Rules 301, 302, and 305.
(C) Previously approved on January 26, 1982 and now deleted without
replacement Rule 4.3.
(xx) Sacramento County APCD.
(A) New or amended Rule 1.
(xxi) Siskiyou County APCD.
(A) New or amended Rules 2.14-2.16.
(53) Revisions to air pollution emergency episode plans submitted on
February 14, 1980 by the Governor's designee.
(i) Bay Area Air Quality Management District Rules 100, 101, 300,
301, 302, 303, 304, 305, 400, 401, 402, 403, and 404.
(54) Revised regulations for the following APCD's submitted on
February 25, 1980, by the Governor's designee.
(i) Ventura County APCD.
(A) Rules 150, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, and
162.
(B) New or amended Rule 71.1.
(C) New or amended Rules 56, 80, 81, and deletion of Rules 17, 151,
163, and 164.
(ii) Monterey Bay Unified APCD.
(A) Rule 422 and deletion of Rule 508.
(B) Amended Rule 416.
(iii) San Luis Obispo County APCD.
(A) Rules 301, 302, 303, and 304.
(B) Previously approved on May 18, 1981 and now deleted without
replacement Rules 303 and 304.
(iv) Yolo--Solano APCD.
(A) Amended Rule 5.4.
(B) New or amended Rules 2.21, 2.21.1, 2.24 and 2.25.
(C) New or amended Rule 3.13.
(D) Previously approved on January 26, 1982 and now deleted without
replacement Rule 5.4.
(v) Sacramento County APCD.
(A) New or amended Rule 17.
[[Page 229]]
(B) [Reserved]
(C) New or amended Rules 3.13, 3.4.1, and 3.4.2.
(vi) Sutter County APCD.
(A) New or amended Rules 1.4, 2.8.1 (Deletion), 2.17, and 2.82.
(B) Previously approved on January 26, 1982 in paragraph
(c)(54)(vi)(A) of this section and now deleted without replacement, Rule
1.4.
(vii) Yuba County APCD.
(A) Amended Rule 2.26.
(viii) Butte County APCD.
(A) New Rule 2-12.e.
(B) Amended Rules 4.5A and 4.5B.
(C) Previously approved on May 27, 1982 in paragraph (viii)(B) of
this section and now deleted Rules 4.5A and 4.5B.
(ix) Tehama County APCD.
(A) Amended Rules 2.5A and 2.5B.
(x) Colusa County APCD.
(A) New or amended Rules 2.7 A and B.
(xi) Glenn County APCD.
(A) New or amended Rules 51.1 and 51.2.
(xii) Shasta County APCD.
(A) New or amended Rules 1:2 (Best Available Control Technology,
Stationary Source and Precursor) and 2:1 A.
(55) The following material for Imperial County was submitted on
October 11, 1979 by the Governor's designee.
(i) Summary of Plan Compliance with Clean Air Act Requirements.
(ii) Imperial County plan to attain National Ambient Air Quality
Standards for oxidants, October 31, 1978.
(iii) SIP Revision--Imperial County ARB Staff Report, No. 79-4-2.
(iv) ARB resolution 79-9, February 21, 1979.
(v) Copies of Board hearing testimony.
(56) Revised regulations for the following APCDs submitted on March
17, 1980, by the Governor's designee.
(i) Imperial County APCD.
(A) Rules 207 [except Subparagraph C.4.], 208, and 209.
(ii) Ventura County APCD.
(A) Amended Rule 26.3.
(B) New or amended Rules 10, 25, and 27.
(C) Previously approved on June 18, 1982 and now deleted without
replacement Rule 25.
(D) Previously approved on June 18, 1982 in paragraph (c)(56)(ii)(B)
of this section and now deleted without replacement Rule 27.
(57) The North Central Coast Air Basin Strategy (Chapter 10 of the
comprehensive revisions to the State of California Implementation Plan
for the Attainment and Maintenance of Ambient Air Quality Standards)
submitted on September 12, 1979 by the Governor's designee.
(58) Revised regulations for the following APCDs submitted on
December 17, 1979 by the Governor's designee.
(i) Monterey Bay Unified APCD.
(A) Rules 418, 425 and 426.
(B) New or amended Rules 300, 405, and 601.
(ii) South Coast AQMD.
(A) New or amended Rules 1107, 1108, 1108.1 and 1128.
(B) New or amended Rules 404, 442, 501.1, 502, 504.1(b), (c), and
(d), and 1124.
(C) Previously approved on September 28, 1981 and now deleted
without replacement Rule 501.1.
(iii) Great Basin Unified APCD.
(A) New or amended Rules 205, 210, 300A, and G, 403, 408, 419, and
617.
(B) New or amended Rules 203, 209-A and B, 212, and 213.
(C) Previously approved on June 18, 1982 in paragraph
(c)(51)(iii)(B) of this section and now deleted without replacement Rule
203.
(iv) Ventura County APCD.
(A) New or amended Rule 74.3.
(v) Butte County APCD.
(A) New or amended Rules 2.12a, 2.12b, 2.12c, and 2.12d.
(vi) Shasta County APCD.
(A) New or amended Rules 1.2, 3.14, and 3.15.
(vii) Yolo--Solano APCD.
(A) Amended Rules 2.8 and 6.6.
(viii) San Luis Obispo County APCD.
(A) New or amended Rule 407.
(ix) Modoc County APCD.
(A) New or amended Rule 2:8-e.
(59) Revised regulations for the following APCD submitted on March
4, 1980 by the Governor's designee.
(i) Monterey Bay Unified APCD.
(A) Rules 207 (except B.4.) and 208.
(B) New or amended Rules 205, 211, 212, 213, and 214.
(60) Chapter 4, California Air Quality Control Strategies, of the
California SIP,
[[Page 230]]
submitted on May 23, 1979, by the Governor's designee.
(61) Redesignation of AQCR's in California, submitted on September
11, 1978, by the Governor's designee.
(62) The San Diego Air Basin Control Strategy (Chapter 14 of the
Comprehensive Revisions to the State of California Implementation Plan
for the Attainment and Maintenance of Ambient Air Quality Standards)
submitted on July 5, 1979, by the Governor's designee, except the
inspection/maintenance portion. Additional documents were also submitted
as appendices. Those portions of the San Diego Air Basin Control
Strategy, including Appendices, identified by Table 14-1, ``Location of
Plan Elements Which Meet Clean Air Act Requirements'' (pages 6-7),
comprise the submitted nonattainment area plan, except the inspection/
maintenance portion. The remaining portions are for informational
purposes only.
(63) The following portions of the California Environmental Quality
Act submitted on October 20, 1980, by the Governor's designee: Sections
21000; 21001; 21002; 21002.1; 21061; 21063; 21065; 21080.1; 21080.4;
21080.5 (a), (b), (c) and (d); 21081; 21082; 21100; 21104; 21151; 21153;
21160.
(64) Revised regulations for the following APCD submitted on
February 13, 1980, by the Governor's designee.
(i) San Diego County APCD.
(A) Rules 20.1, 20.2, 20.3, 20.4, 20.5 and 20.6.
(65) The following amendments to the South Coast Air Basin Control
Plan were submitted on July 25, 1979, by the Governor's designee.
(i) The South Coast Air Basin Control Strategy (Chapter 18 of the
Comprehensive Revision to the State of California Implementation Plan
for the Attainment and Maintenance of Ambient Air Quality Standards).
Those portions of the South Coast Air Basin Control Strategy identified
by Table 18-1, ``Location of Plan Elements Which Meet Clean Air Act
Requirements,'' together with Rules 1115 and 1126, comprise the
submitted nonattainment area plan control strategy. The remaining
portions are for informational purposes only.
(ii) New or amended Rules 218, 431, 431.1-431.3, 1120, 1206-1208,
1212, 1213, 1215, 1216, 1218, 1219, 1222, and 1225-1230.
(iii) Previously approved on September 28, 1981 and now deleted
without replacement for implementation in the Antelope Valley Air
Pollution Control District Rules 1206, 1208, 1212, 1213, 1215, 1216,
1218, 1219, 1222, and 1225-1230.
(iv) Previously approved on September 28, 1981 in paragraph
(c)(65)(ii) of this section and now deleted without replacement Rules
1206, 1208, 1212, 1213, 1215, 1216, 1218, 1219, 1222, and 1225 to 1230.
(v) Previously approved on September 28, 1981 in paragraph
(c)(65)(ii) of this section and now deleted without replacement for
implementation in the Mojave Desert Air Quality Management District
(Riverside County), Rules 1206, 1208, 1212, 1213, 1215, 1216, 1218,
1219, 1222, and 1225 to 1230.
(66) Revised regulations for the following APCD's, submitted on
February 7, 1980, by the Governor's designee.
(i) South Coast AQMD.
(A) New or amended Rule 461.
(B) Amended Rule 466.
(ii) Bay Area AQMD.
(A) Regulation 8: Rule 1, 2 (except paragraph 301), 4, 7, 8, 9, 10,
11, 13, 14, 15, 16, 18 and 19.
(67) Revised regulations for the following APCD's, submitted on
April 2, 1980, by the Governor's designee.
(i) South Coast AQMD.
(A) New or amended Rule 1122.
(B) New or amended Rules 107, 709(c), 1111, 1121 and 1140.
(ii) Bay Area AQMD.
(A) New or amended Regulation 9, Rules 9-4-100, 9-4-101, 9-4-200 to
9-4-203, 9-4-300, 9-4-301, 9-4-303, and 9-4-400 to 9-4-404.
(iii) Kern County APCD.
(A) New or amended Rules 412.1(b)-(f).
(B) New Rule 411.1.
(C) Previously approved on July 8, 1982 and now deleted without
replacement for implementation in the Southeast Desert Air Basin, Rule
411.1.
(iv) Sacramento County APCD.
(A) New or amended Rules 7, 24, 25, 28, 30, and 53.
(B) New or amended Rules 120, 121, and 122.
[[Page 231]]
(68) Revised regulations for the South Coast AQMD, submitted on
April 3, 1980, by the Governor's designee.
(i) New or amended Rules 1301, 1303, 1304, 1305, 1306, 1307, 1310,
1311, and 1313.
(ii) Previously approved on January 21, 1981 and now deleted without
replacement Rule 1311.
(69) Revised regulations for the South Coast AQMD submitted on April
23, 1980, by the Governor's designee.
(i) New or amended Rules 464, 465, 1123, and 1125.
(ii) New or amended Rules 301, 405, 431.2(c)(5), 701, 702 (a), (d),
(e), (f), (h) and (i), 703-706, 708.3(a), (b)(8)-(b)(10), 708.4(g) and
(h), 709(a), 710(a) and (b)(4), 711(a)(1), (a)(4), (b)(1) and (b)(4),
and 713-715.
(iii) New Rule 1103.
(iv) California Health and Safety Code, Sections 41950 to 41962,
94000 to 94004; and Stationary Source Test Methods--Volume 2:
Certification and Test Procedures for Gasoline Vapor Recovery Systems
submitted on April 23, 1980.
(v) Previously approved on July 8, 1982 in paragraph (c)(69)(iii) of
this section and now deleted without replacement for implementation in
the Antelope Valley Air Pollution Control District Rule 1103.
(70) Revised regulations for the following APCD's submitted on
August 15, 1980, by the Governor's designee.
(i) South Coast AQMD.
(A) New or amended Rules 1302 and 1308.
(B) New or amended Rule 1101.
(1) Previously approved on September 2, 1981 in paragraph
(c)(70)(i)(B) of this section and now deleted without replacement, for
the Antelope Valley area only, Antelope Valley Rule 1101, previously
South Coast Rule 1101. South Coast Rule 1101 remains in effect for the
South Coast area.
(C) New or amended Rules 702(b), 707, 708, 708.3 (a)(2) and (c),
708.4 (a) and (b), 709(e), 710 (b)(1)(D), (b)(2)(D), (b)(3)(B), and
(c)(3)(B), 711 (a)(1)(E), (a)(2)(D), (a)(3)(B), (a)(4)(F), (b)(3)(B),
and (b)(4)(f), and 1102.
(D) Amended Rule 401 (except subparagraph 401(b)).
(ii) San Diego County APCD.
(A) New or amended Rules 2 (z) and (aa), 40, and 10 (f) and (i).
(iii) Shasta County APCD.
(A) Amended Rule 3.3.
(iv) El Dorado County APCD (Mountain Counties and Lake Tahoe Air
Basin).
(A) New or amended Rules 601-613.
(B) Previously approved on May 27, 1982 in paragraph (c)(70)(iv)(A)
of this section and now deleted without replacement, Rules 601 to 613.
(71) The San Joaquin Valley Air Basin Control Strategy (Chapter 16
of the Comprehensive Revisions to the State of California Implementation
Plan for the Attainment and Maintenance of Ambient Air Quality
Standards) submitted on October 11, 1979, by the Governor's designee.
Those portions of the San Joaquin Valley Air Basin Control Strategy
identified by Tables 16-1a, 1b and 1c (Summary of Plan Compliance with
Clean Air Act Requirements) except for those portions which pertain to
Fresno County and the six transportation control measures for Stanislaus
County, comprise the submitted plan. The remaining portions are for
informational purposes only. The following rules were also submitted on
October 11, 1979 as part of the enforceable plan:
(i) Kings County APCD.
(A) New or amended Rules 411 and 414.3.
(B) Previously approved on May 7, 1982 in paragraph (c)(71)(i)(A) of
this section and now deleted without replacement: Rule 414.3.
(ii) Madera County APCD.
(A) New or amended Rule 210.1 (except paragraphs (3)(D) and
(5)(B)(8)).
(iii) Merced County APCD.
(A) New or amended Rules 409.3 and 410.
(iv) Tulare County APCD.
(A) New or amended Rule 410.3.
(72) The San Francisco Bay Area Basin Control Strategy (Chapter 15
of the Comprehensive Revisions to the State of California Implementation
Plan for the Attainment and Maintenance of Ambient Air Quality
Standards) including appendices, submitted on July 25, 1979, by the
Governor's designee.
(73) Revised regulations for the following APCD's submitted on
January 14, 1980, by the Governor's designee.
(i) Bay Area AQMD.
[[Page 232]]
(A) Regulation 2: Rule 1: 2-1-200, 2-1-300, 2-1-307, and 2-1-400,
Rule 2: 2-2-100, 2-2-200, 2-2-209, 2-2-210, 2-2-300, and 2-2-400; Rule
3: 2-3-100, 2-3-101, 2-3-200, 2-3-201, 2-3-300, 2-3-301, 2-3-302, 2-3-
401, 2-3-401.1 to 2-3-401.3, 2-3-402, 2-3-403, 2-3-404, and 2-3-405.
(B) New or amended Regulation 2, Rule 1: 2-1-100 to 2-1-102, 2-1-
111, 2-1-112, and 2-1-408.
(74) Revised regulations for the following APCD's submitted on
December 24, 1979, by the Governor's designee.
(i) Imperial County APCD.
(A) New or amended Rules 111, 413, 414, 416, 416 (deletion), and
517.
(B) Previously approved on January 27, 1981 and now deleted without
replacement Rule 517.
(ii) Santa Barbara County.
(A) Rule 316.
(iii) Ventura County APCD.
(A) New Rule 70 (except paragraph E).
(75) Revised regulations for the Kern County APCD, submitted on
January 8, 1980, by the Governor's designee.
(i) Rules 210.2, 410.3, 411, 414, 414.1, and 414.3.
(ii) New or amended Rule 424(F).
(iii) Previously approved on August 21, 1981 and now deleted without
replacement for implementation in the Southeast Desert Air Basin, Rule
414.3.
(iv) Previously approved on August 21, 1981 in paragraph (c)(75)(i)
of this section and now deleted without replacement within the San
Joaquin Valley Unified Air Pollution Control District area, Rule 414.3.
(76) Revised regulations for the following APCD's, submitted on
April 15, 1980, by the Governor's designee.
(i) Kern County APCD.
(A) Amended Rule 210.1
(77) The following amendments to the plan were submitted on October
18, 1979, by the Governor.
(i) San Luis Obispo County APCD.
(A) New or amended Rules 415, 416, 420, and 422.
(ii) The South Central Coast Air Basin Control Strategy [Chapter 17
of the Comprehensive Revision to the State of California Implementation
Plan for the Attainment and Maintenance of Ambient Air Quality
Standards]. Those portions of the South Central Coast Air Basin Control
Strategy identified by Tables 17-1 and 17-2 ``Location of Plan Elements
Which Meet Clean Air Act Requirements'' together with the rules
identified below comprise the submitted nonattainment area plan. The
remaining portions are for informational purposes only.
(A) Santa Barbara County APCD Rules 320, 321, 323, 327, 329 to 332,
201.C and 205.C. (except subparagraph 5.b.8.).
(B) Ventura County APCD Rules 26 (except 26.2, 26.3 and 26.4), 74.4,
74.7, and 74.8.
(78) Revised regulations for the following APCD submitted on
November 19, 1979, by the Governor's designee.
(i) South Coast AQMD.
(A) Deletion of Rules 67 and 72.
(ii) California Lead SIP.
(79) Revised regulations for the following APCD's submitted on June
2, 1980, by the Governor's designee.
(i) Monterey Bay Unified APCD.
(A) Rule 427.
(ii) Bay Area AQMD.
(A) New or amended Regulation 1, Rules 1-100 to 1-111, 1-114, 1-200
to 1-205, 1-207 to 217, 1-219 to 1-232, 1-400 to 1-402, 1-410 to 1-412,
1-420, 1-430 to 1-434, 1-440, 1-441, 1-500 to 1-502, 1-510, 1-521, 1-
530, 1-540, 1-541, 1-543, 1-544; Regulation 5, Rules 5-100, 5-101, 5-
110, 5-111, 5-200 to 5-207, 5-300, 5-301, 5-400 to 5-404; Regulation 6,
Rules 6-100, 6-101, 6-200 to 6-204, 6-300 to 6-304, 6-310, 6-312,6-320,
6-330, 6-400, 6-401, 6-500 to 6-502; Regulation 11, Rules 11-1-100 to
11-1-102, 11-1-300 to 11-1-303; Regulation 12, Rules 12-2-100, 12-2-101,
12-2-200, 12-2-201, 12-2-300, 12-2-301, 12-2-500, 12-2-501, 12-3-100,
12-3-101, 12-3-300, 12-3-301, 12-3-500, 12-3-501-12-4-100 to 12-4-102,
12-4-200 to 12-4-212, and 12-4-300 to 12-4-307.
(B) New or amended Regulation 1: 1-206, 1-520, 1-542, and 1-600 to
1-604; Regulation 6: 6-305, 6-311, 6-600, and 6-601; and Regulation 11:
11-1-500, 11-1-501, and 11-1-600 to 11-1-603.
(iii) Ventura County APCD.
(A) New or amended Rule 2.
(B) New or amended Rule 59.
(iv) South Coast AQMD.
(A) Deletion of Rule 471.
(B) New Rule 466.1.
(v) San Diego County APCD.
(A) New or amended Rules 1, 2 (a), (b), (t), (v), (u), (x), and (y),
14, 17, 67.0, and 67.1.
(B) Previously approved on September 28, 1981 in paragraph
[[Page 233]]
(c)(79)(v)(A) of this section and now deleted without replacement Rule
14.
(vi) Shasta County APCD.
(A) New Rule 3.17.
(80) The following amendments to the plan were submitted on August
21, 1979 by the Governor's designee.
(i) Revised regulations for Placer County APCD--Lake Tahoe Air Basin
Portion.
(A) New or amended Rules 101-104, 201-204, 206-211, 215, 217, 301-
308, and 310-319.
(B) New Rule 507.
(C) New or amended Rules 502-506 and 511-513.
(D) Previously approved and now deleted, Rule 104.
(E) New or amended Rules 212, 213, 508 (except Paragraph
(1)(C)(3)(h), and 514.
(F) Previously approved on June 23, 1982 in paragraph (c)(80)(i)(C)
of this section and now deleted without replacement Rules 504, 506, and
511 to 513.
(G) Previously approved on June 23, 1982 in paragraph (c)(80)(i)(E)
of this section and now deleted without replacement: Rule 508.
(ii) Chapter 8, Lake Tahoe Basin Control Strategy, including Support
Documents and Appendices. The Transportation Improvement Program and
Regional Transportation Plan are for informational purposes only.
(81) Revised regulations for the following APCD, submitted on
February 11, 1980 by the Governor's designee.
(i) El Dorado County APCD--Lake Tahoe Air Basin Portion.
(A) New or amended Rules 507, 511-515, and 519-528.
(B) New or amended Rules 501 to 506, 508 to 510, and 516 to 518.
(C) Previously approved on May 18, 1981 in paragraph (c)(81)(i)(A)
of this section and now deleted without replacement Rules 512, 514, 519,
and 520 to 524.
(82) [Reserved]
(i) Ventura County APCD.
(A) New or amended Rule 74.6.
(83)(i)(A) [Reserved]
(B) New Rules 22, 23, and 27.
(C) New or amended Regulation 8: Rule 21.
(ii) Kings County APCD.
(A) New or amended Rule 414.
(iii) [Reserved]
(A) Rule 410.
(B) New or amended Rules 411.1 and 416.1.
(84) Revised regulations for the following APCDs submitted on
October 10, 1980, by the Governor's designee.
(i) Madera County APCD.
(A) New or amended Rule 410.4.
(ii) Merced County APCD.
(A) New or amended Rule 409.4.
(iii) Kings County APCD.
(A) New or amended Rule 410.4.
(iv) San Joaquin County APCD.
(A) New or amended Rule 409.4.
(v) Stanislaus County APCD.
(A) New or amended Rule 409.4.
(vi) Tulare County APCD.
(A) New or amended Rule 410.4.
(vii) Modoc County APCD.
(A) Amended Rule 3:12.
(85) Revised regulations for the following APCDs submitted on
December 15, 1980, by the Governor's designee.
(i) Tulare County APCD.
(A) New or amended Rule 412.
(B) New or amended Rule 412.1.
(C) New or amended Rules 201 and 417.1.
(ii) Madera County APCD.
(A) New or amended Rule 412.1
(B) New or amended Rules 201, 202, 301, and 417.1.
(iii) Sacramento County APCD.
(A) New or amended Rule 13.
(iv) San Diego County APCD.
(A) New or amended Rules 61.0, 61.0 (n) and (o), 61.1, 61.1(a)(1)
(i) and (h), 61.2, 61.2(a), 61.3 and 61.4
(v) San Bernardino County APCD, Southeast Desert Air Basin portion.
(A) New or amended Rules 461 and 462.
(vi) Tehama County APCD.
(A) New or amended Rules 1.2, 1.3, 2.7, 2.8, 2.9, 3.1, 3.2, 3.3-
3.14, 4.1, 4.2, 4.6, and 4.7.
(B) Previously approved and now deleted Rule 2.8 (Further
Information).
(C) Previously approved on April 12, 1982 in paragraph
(c)(85)(vi)(A) of this section and now deleted without replacement,
Rules 1.3 and 2.9.
(D) Previously approved on April 12, 1982 in paragraph
(c)(85)(vi)(A) of this section and now deleted without replacement Rules
2.7 and 2.8.
(vii) Santa Barbara County APCD.
(A) New or amended Rule 210.
(B) Previously approved on June 18, 1982 in paragraph
(c)(85)(vii)(A) of this
[[Page 234]]
section and now deleted without replacement, Rule 210.
(viii) South Coast AQMD.
(A) New Rule 1130.
(ix) Kings County APCD.
(A) New or amended Rule 417.1.
(x) Kern County APCD.
(A) New or Amended Rules 110 and 417.1.
(B) Previously approved on July 6, 1982 in paragraph (c)(85)(x)(A)
of this section and now deleted without replacement, Rule 110.
(C) Previously approved on July 6, 1982 in paragraph (c)(85)(x)(A)
of this section and now deleted without replacement for implementation
in Kern County, Southeast Desert Air Basin Rule 110.
(86) Revised regulations for the following APCD's submitted on July
10, 1980 by the Governor's designee.
(i) Bay Area AQMD.
(A) Regulation 8: Rule 2 (Paragraph 301).
(B) New Rules 17 (paragraphs 112, 302, 400, and 401) and 26.
(C) New or amended Regulations, Rules 1-206, 1-218, 6-311, 9-1-100,
9-1-101, 9-1-110 9-1-200 to 9-1-204, 9-1-300 to 9-1-308, 9-1-310, 9-1-
311, 9-1-400 to 9-1-404, 9-1-500 to 9-1-502, and 9-4-302.
(D) New or amended Rule 1-541 and Regulation 9, Rules 9-1-600 to 9-
1-605.
(ii) Butte County APCD.
(A) Amended Rule 4.9.
(B) Previously approved on May 27, 1982 in paragraph (ii)(A) of this
section and now deleted Rule 4.9.
(87) Revised regulations for the following APCD's submitted on
September 5, 1980 by the Governor's designee.
(i) Bay Area AQMD.
(A) Regulation 8: Rule 5, Rule 6, and Rule 12.
(B) New Rules 25 and 28 (except section 401).
(ii) San Diego County APCD.
(A) New or amended Rule 19.
(iii) San Joaquin County APCD.
(A) New or amended Rule 411.2.
(B) New or amended Rules 202 and 416.1.
(iv) San Bernardino County APCD, Southeast Desert Air Basin portion.
(A) New or amended Rules 1301, 1302, 1303, 1304, 1305, 1306, 1307,
1308, 1310, 1311, and 1313.
(v) Los Angeles County APCD, Southeast Desert Air Basin portion.
(A) New or amended Rules 1301, 1302, 1303, 1304, 1305, 1306, 1307,
1308, 1310, 1311, and 1313.
(vi) Sacramento County APCD.
(A) New or amended Rules 74, 90, 92, 93, 94, 95, 96, 98, and
Regulation VII.
(B) Previously approved on June 18, 1982 and now deleted without
replacement Rule 74.
(vii) Ventura County APCD.
(A) New or amended Rules 2 and 55.
(viii) Shasta County APCD.
(A) New Rule 2:6.
(88) Revised regulations for the following APCDs submitted on July
25, 1980, by the Governor's designee.
(i) Stanislaus County APCD.
(A) New or amended Rule 209.1 (except paragraphs (3)(E) and
(5)(B)(8)).
(B) New or amended Rules 103 and 305.
(C) New or amended Rules 202 and 416.1.
(D) Previously approved on December 9, 1981 and now deleted without
replacement Rule 305.
(ii) Bay Area AQMD.
(A) New or amended Regulation 3, Rules 3-100 to 3-103, 3-200 to 3-
206, 3-208 to 3-211, 3-300 to 3-311, and 3-400 to 3-408.
(iii) South Coast AQMD.
(A) New or amended Rule 1119.
(B) Amended Rule 462.
(C) In Resolution 11-04 dated January 18, 2011, Antelope Valley Air
Quality Management District certified that no sources which would be
subject to Rule 1119, ``Petroleum Coke Calcining Operations,'' exist in
the AVAQMD. Therefore, Rule 1119 has been rescinded and is removed from
the SIP.
(iv) [Reserved]
(v) Merced County APCD.
(A) New or amended Rule 411.1.
(B) New or amended Rules 202 and 416.1.
(89) Revised regulations for the following APCDs submitted on March
30, 1981, by the Governor's designee.
(i) Kings County APCD.
(A) New or amended Rule 411.
(ii) Yolo-Solano County APCD.
(A) New or amended Rule 2.13(h)(6).
(iii) Yuba County APCD.
(A) Amended Rules 3.8, 3.12, and 3.15.
[[Page 235]]
(B) New or amended rules 1.3, 3.0-3.7, 3.9, 3.10, 3.13, 4.0-4.5, 4.7
to 4.10, 4.12, 5.4, 6.0, 8.0, 8.2, 9.0-9.5, 9.7, and 9.8.
(C) Previously approved on April 12, 1982 in paragraph
(c)(89)(iii)(B) of this section and now deleted without replacement,
Rules 8.0, 8.2 and 9.0 to 9.4.
(D) Previously approved on April 12, 1982 in paragraph
(c)(89)(iii)(B) of this section and now deleted without replacement
Rules 4.7, 4.8, 4.9, 4.10, 5.4, and 6.0.
(iv) Imperial County APCD.
(A) New Rule 418.1.
(v) Monterey Bay Unified APCD.
(A) New Rule 425.
(vi) Lake County APCD.
(A) New or amended Sections 101, 227.4, 301, 1602, and Table VI.
(B) Previously approved on April 13, 1982 and now deleted without
replacement Rule 301 and Table VI.
(vii) South Coast AQMD.
(A) Amended Rule 1102.1.
(90) The following amendments to the plan were submitted on December
31, 1979, by the Governor's designee.
(i) Chapter 22--Air Quality Monitoring by State and Local Air
Monitoring Stations (SLAMS).
(91) The following amendments to the plan were submitted on November
13, 1979, by the Governor's designee.
(i) The Sacramento Valley Air Basin Control Strategy (Chapter 13 of
the Comprehensive Revisions to the State of California Implementation
Plan for the Attainment and Maintenance of Ambient Air Quality
Standards): those portions pertaining to the Sacramento Metropolitan
Area including the following rules:
(A) Placer County APCD (Mountain Counties Air Basin portion) Rules
212, 217, and 218.
(B) Sacramento County APCD Rules 6, 11, 12, 16, 19, and 56 (except
paragraph (5)(a)(8)).
(C) Yolo-Solano County APCD Rules 2.14 and 3.4 [except paragraph
(5)(a)(8)].
(ii) The Sacramento Valley Air Basin Control Strategy [Chapter 13 of
the Comprehensive Revisions to the State of California Implementation
Plan for the Attainment and Maintenance of Ambient Air Quality
Standards]: those portions pertaining to Butte, Yuba, and Sutter
Counties, including the following rules:
(A) Butte County APCD Rules 2.12f and 4-5.
(92) Revised regulations for the following APCDs submitted on May
28, 1981, by the Governor's designee.
(i) Stanislaus County APCD.
(A) New or amended Rule 409.5.
(ii) Placer County (Mountain Counties Air Basin portion).
(A) New or amended Rules 213, 216, and 223.
(B) New or amended Rules 102, 203, 211, 301, 305, 306, 324, 325,
601, and 702.
(C) Rule 214.
(D) Previously approved and now deleted without replacement Rules
601 and 702.
(iii) Lake County APCD.
(A) New Rule 216.1.
(iv) Great Basin Unified APCD.
(A) New or amended Rules 101, 300, 404-A, 423, and 424.
(B) Previously approved on April 13, 1982 in paragraph
(c)(92)(iv)(A) of this section and now deleted without replacement, Rule
300.
(v) San Diego County APCD.
(A) New or amended Rules 127, 130, 131, 132, and 134.
(B) New or amended Rule 21.
(vi) South Coast AQMD.
(A) New or amended Rule 1113.
(93) Revised regulations for the following APCDs submitted on June
22, 1981, by the Governor's designee.
(i) Stanislaus County APCD.
(A) New or amended Rule 409.3.
(B) New or amended Rule 409.8.
(ii)(A) [Reserved]
(B) New Rule 28, Section 401.
(C) New or amended Regulation 5, Rule 5-401.3.
(iii) Plumas County APCD.
(A) New or amended Rules 203, 301-319, 512-516, 703, and 710.
(B) New or amended Rules 501-511 and 517-521.
(C) Previously approved on June 18, 1982 in paragraph
(c)(93)(iii)(B) of this section and now deleted without replacement,
Rule 509.
(D) Previously approved on June 18, 1982 in paragraph
(c)(93)(iii)(B) of this section and now deleted without replacement
Rules 503, 504, 506, and 518 to 521.
(E) Previously approved on June 18, 1982 in paragraph
(c)(93)(iii)(B) of this section and now deleted without replacement
Rules 507 and 508.
[[Page 236]]
(iv) Sierra County APCD.
(A) New or amended Rules 203, 301-319, 512-516, 522, 523, 703, and
710.
(B) New or amended Rules 501-511 and 517-521.
(C) Previously approved on April 23, 1982 and now deleted without
replacement Rule 522.
(D) Previously approved on June 18, 1982 in paragraph (c)(93)(iv)(B)
of this section and now deleted without replacement, Rule 509.
(E) Previously approved on June 18, 1982 in paragraph (c)(93)(iv)(B)
of this section and now deleted without replacement Rules 503, 504, 506,
and 518 to 521.
(F) Previously approved on June 18, 1982 in paragraph (c)(93)(iv)(B)
of this section and now deleted without replacement Rules 507 and 508.
(v) Kern County APCD.
(A) New or amended Rule 410.6.
(vi) El Dorado County APCD (Mountain Counties Air Basin Portion).
(A) Rules 318, 319, and 320.
(94) Revised regulations for the following APCD's submitted on
October 7, 1980, by the Governor's designee.
(i) Stanislaus County APCD.
(A) New or amended Rule 411.1.
(ii) [Reserved]
(iii) San Bernardino County APCD.
(A) New or amended Rules 701, 704, 705, 707-711, and 712. Previously
approved Rule 707, ``Plans'', submitted on June 6, 1977 is retained.
(95) Revised regulations for the following APCD's submitted on March
23, 1981, by the Governor's designee.
(i) Kern County APCD.
(A) New or amended Rule 412.1(a).
(B) Amended Rule 412.1.
(C) New or amended Rules 202, 202.1, and 426.
(ii) Ventura County APCD.
(A) Amended Rule 26.2.
(B) New or amended Rules 21, 29, 30, and 64.
(C) Previously approved on June 18, 1982 and now deleted without
replacement Rule 21.
(iii) Northern Sonoma County APCD.
(A) Amended Regulation 2, Rules 100, 120, 140, 200, 220, 240, 300,
and 320.
(iv) South Coast AQMD.
(A) Amended Rule 461.
(v) Stanislaus County APCD.
(A) New Rule 409.7.
(B) New or amended Rule 301.
(C) Previously approved on June 18, 1982 and now deleted without
replacement Rule 301.
(vi) Humboldt County APCD.
(A) New or amended Rules 130, 200, 210, 220, 230, 240, 250, and 260.
(B) Previously approved on June 18, 1982 in paragraph (c)(95)(vi)(A)
of this section now deleted without replacement for implementation in
the North Coast Unified Air Quality Management District, Rule 250.
(96) Revised regulations for the following APCDs submitted on
November 3, 1980, by the Governor's designee.
(i) South Coast AQMD.
(A) New or amended Rule 1113.
(ii) Butte County APCD.
(A) New or amended Rules 1-8, 1-8.1, 1-10, 1-13, 1-14, 3-1, 3-2, 3-
6, 3-11, 3-11.2, 3-11.3, 3-12, 3-12.1, 3-12.2, 3-14, 3-15, 3-16, and 3-
16.1.
(iii) Glenn County APCD.
(A) New or amended Rules 2 (a,i,v, and aa), 3, 11, 11.1, 11.2, 13,
13.1, 14, 14.1, 14.2, 14.3, 15, 16, 19, 21, 21.1, 22, 75, 81, 83, 83.1,
83.2, 96, 110, and 112.
(B) Previously approved on January 26, 1982 and now deleted without
replacement Rules 110 and 112.
(C) Previously approved on January 26, 1982 in paragraph
(c)(96)(iii)(A) of this section and now deleted without replacement,
Rule 3.
(D) Previously approved on January 26, 1982 in paragraph
(c)(96)(iii)(A) of this section and now deleted without replacement Rule
96.
(iv) Yolo-Solano APCD.
(A) New or amended Rules 1.2 (a and g), 6.1 and 6.3.
(v) Bay Area AQMD.
(A) New Rule 20.
(97) Revised regulations for the following APCDs submitted on June
24, 1980, by the Governor's designee.
(i) Sacramento County APCD.
(A) New or amended Rule 18.
(98) Revised regulations for the following APCDs, submitted on
January 28, 1981, by the Governor's designee.
(i) Sutter County APCD.
(A) Amended Rules 3.8, 3.14, and 3.15.
(B) New or amended Rules 1.0-1.3, 2.1-2.12, 2.15, 2.16, 3.0-3.7,
3.9, 3.10, 3.12, 3.13, 4.0-4.5, 4.7-4.10, 4.12-4.15, 5.0-5.19, 6.0-6.7,
7.0, 7.1, 7.2, 8.0, 8.1, 8.2, 9.0-9.7, and 9.8.
[[Page 237]]
(C) Previously approved and now deleted Rules 2.1 (Control of
Emissions), 2.7 (Wet Plumes), 2.15 (Fuel Burning Equipment), 2.20
(Payment of Order Charging Costs), 3.7 (Information), 4.5 (Standards for
Granting Applications), 4.6 (Permits, Daily Limits, and 4.8 (Permit
Forms).
(D) Previously approved on April 12, 1982 and now deleted without
replacement Rules 5.0 to 5.17, 5.19, 6.0 to 6.7, and 7.0 to 7.2.
(E) Previously approved on April 12, 1982 in paragraph (c)(98)(i)(B)
of this section and now deleted without replacement, Rules 8.0 to 8.2
and 9.0 and 9.4.
(F) Previously approved on April 12, 1982 in paragraph (c)(98)(i)(B)
of this section and now deleted without replacement Rules 4.7, 4.9,
4.10, 5.18, 9.7, and 9.8.
(ii) Siskiyou County APCD.
(A) New or amended agricultural burning regulations consisting of
``General Provisions'' and Articles I-VII.
(iii) Mendocino County APCD.
(A) Amended Regulation 2, Rules 100, 120, 140, 200, 220, 240, 300,
320, Appendices A, B, and C.
(iv) Del Norte County APCD.
(A) Amended Regulation 2, Rules 100, 120, 140, 200, 220, 240, 300,
320, Appendices A, B, and C.
(v) Humboldt County APCD.
(A) Amended Regulation 2, Rules 100, 120, 140, 200, 220, 240, 300,
320, Appendices A, B, and C.
(vi) Trinity County APCD.
(A) Amended Regulation 2, Rules 100, 120, 140, 200, 220, 240, 300,
320, Appendices A, B, and C.
(vii) El Dorado County APCD.
(A) New Rule 313.
(B) Rules 313, 314, 315, 316, and 317.
(viii) Ventura County APCD.
(A) New Rule 71.2.
(ix) Bay Area AQMD.
(A) New or amended Rules 1-112, 1-113, 1-115 and Regulation 9, Rule
9-3-202.
(x) South Coast AQMD.
(A) New or amended Rule 1115.
(xi) San Diego County APCD.
(99) Commitments by the Bay Area AQMD, Fresno County APCD, Kern
County APCD, Monterey Bay Unified APCD, Sacramento County APCD, San
Diego County APCD, Santa Barbara County APCD, South Coast AQMD, and
Ventura County APCD to carry out public notification programs as
required by section 127 of the Clean Air Act and in accordance with EPA
guidance. These commitments were submitted by the Air Resources Board on
January 22, 1981.
(100) Revised regulations for the following APCDs submitted on
October 25, 1979, by the Governor's designee.
(i) San Diego County APCD.
(A) New or amended Rules 67.3 and 67.5.
(101) Revised regulations for the following APCD's submitted on July
30, 1981 by the Governor's designee.
(i) Bay Area AQMD.
(A) Regulation 8, Rule 1 (Paragraph 202) and Rule 16 (paragraph
110).
(B) New or amended Regulation 2, Rule 2-2-114; Regulation 5, Rule 5-
401.13; and Manual of Procedures--Volume I to Volume VI.
(C) New or amended Regulation 8, Rule 24.
(ii) Kern County APCD.
(A) New or amended Rules 603, 609, 610, 611, and 613.
(B) New or amended Rules 108, 201, 301, 302, and 305.
(C) New or amended Rules 414 and 410.3.
(D) New or amended Rules 410.7, 412, and 414.4.
(E) Previously approved on July 6, 1982 and now deleted without
replacement Rule 305 (including Southeast Desert).
(F) Previously approved on October 11, 1983 and now deleted without
replacement for implementation in the Southeast Desert Air Basin, Rule
414.4.
(G) Previously approved on July 6, 1982 in paragraph (c)(101)(ii)(B)
of this section and now deleted without replacement, Rules 301 and 302
(including Southeast Desert).
(102) Revised rules for the following APCDs submitted on July 14,
1981 by the Governor's designee.
(i) San Joaquin County.
(A) New Rules 409.5 and 409.6.
(ii) Stanislaus County.
(A) New Rule 409.6.
(B) New or amended Rules 409.7 and 409.8.
(iii) Merced County APCD.
[[Page 238]]
(A) New or amended Rules 409.6.
(iv) South Coast AQMD.
(A) New or amended Rule 301.
(103) Revised rules for the following APCDs, submitted on October
23, 1981 by the Governor's designee.
(i) Kings County.
(A) Amended Rule 412.2.
(ii) San Diego County APCD.
(A) New or amended Rule 67.4 and 67.6.
(B) New or amended Rules 42, 64, 101-103, and 109.
(C) New Rule 67.8.
(D) Previously approved on July 6, 1982 and now deleted without
replacement Rule 42.
(E) Previously approved on July 6, 1982 in paragraph (c)(103)(ii)(B)
of this section and now deleted Rule 109 (now replaced by Rule 101).
(iii) Santa Barbara County APCD.
(A) Rule 325.
(B) New or amended Rules 601-608 and 609.
(C) Previously approved and now deleted Rules 609 (Scientific
Committee) and 610 (Emergency Action Committee).
(iv) Ventura County APCD.
(A) Amended Rule 70(E).
(B) New or amended Rules 2, 12, 16, 23, 41, 42, and 74.2.
(C) New Rule 74.5.
(D) Amended Rule 74.9.
(E) Previously approved on June 18, 1982 and now deleted without
replacement Rule 42.
(v) Sacramento County APCD.
(A) Amended Rule 20.
(B) New or amended Rules 50, 70, and 14.
(C) New Rules 4A, 4B, 10 and 51.
(vi) Del Norte County APCD.
(A) Amended Rules 300 and 310.
(B) Previously approved on April 13, 1982 and now deleted without
replacement Rules 300 and 310.
(vii) Humboldt County APCD.
(A) Amended Rules 300 and 310.
(B) Previously approved on April 13, 1982 and now deleted without
replacement Rules 300 and 310.
(viii) Mendocino County APCD.
(A) Amended Rules 300 and 310.
(B) Previously approved on April 13, 1982 and now deleted without
replacement Rules 300 and 310.
(ix) Northern Sonoma County APCD.
(A) Amended Rules 300 and 310.
(B) Previously approved on April 13, 1982 and now deleted without
replacement Rules 300 and 310.
(x) Trinity County APCD.
(A) Amended Rules 300 and 310.
(B) Previously approved on April 13, 1982 and now deleted without
replacement Rules 300 and 310.
(xi) Great Basin Unified APCD.
(A) Amended Rule 301.
(B) Previously approved on April 13, 1982 in paragraph
(c)(103)(xi)(A) of this section and now deleted without replacement,
Rule 301.
(xii) San Luis Obispo County APCD.
(A) New or amended Rules 301, 302, and 411.
(B) Previously approved on June 18, 1982 and now deleted without
replacement Rule 301.
(C) Previously approved on June 18, 1982 and now deleted without
replacement Rule 301.
(xiii) El Dorado County APCD (Mountain Counties Air Basin).
(A) New or amended Rules 301-319, 501, 703, and 710.
(B) Previously approved on May 27, 1982 and now deleted without
replacement rule 501.
(C) Previously approved on May 27, 1982 in paragraph
(c)(103)(xiii)(A) of this section and now deleted without replacement,
Rules 318 and 319.
(D) Previously approved on May 27, 1982 in paragraph
(c)(103)(xiii)(A) of this section and now deleted without replacement
Rule 710.
(xiv) Imperial County APCD.
(A) New or amended Rules 101, 301, 302, 305-307.
(B) Previously approved on May 27, 1982 and now deleted without
replacement Rule 305.
(C) Previously approved on May 27, 1982 in paragraph
(c)(103)(xiv)(A) of this section and now deleted without replacement,
Rules 301, 302, 306, and 307.
(xv) Shasta County APCD.
(A) Amended Rule 2:11.
(xvi) Monterey Bay Unified APCD.
(A) Amended Rules 301, 601, and 602.
(xvii) Tuolumne County APCD.
(A) New or amended Rules 203, 301-319, 501-521, 703, and 710.
(B) Previously approved on May 27, 1982 and now deleted without
replacement Rule 516.
[[Page 239]]
(C) Previously approved on May 27, 1982 in paragraph
(c)(103)(xvii)(A) of this section and now deleted without replacement,
Rule 509.
(D) Previously approved on May 27, 1982 in paragraph
(c)(103)(xvii)(A) of this section and now deleted without replacement
Rules 503, 504, 506, and 518 to 521.
(xviii) South Coast AQMD.
(A) New or amended Rules 504.1, 218, 219, 220, 409, and 502.
(B) Previously approved on July 6, 1982 and now deleted without
replacement Rule 504.1.
(104) Revised regulations for the following APCD's submitted on
November 5, 1981 by the Governor's designee.
(i) Bay Area AQMD.
(A) Regulation 2, Rule 1: 2-1-101, 2-1-102, 2-1-111, 2-1-112, 2-1-
201 to 2-1-205, 2-1-301 to 2-1-306, 2-1-401 to 2-1-410, and 2-1-420 to
2-1-423; Rule 2: 2-2-101 to 2-2-114, 2-2-201 to 2-2-208, 2-2-301 to 2-2-
306, 2-2-310, and 2-2-401 to 2-2-410.
(ii) South Coast AQMD.
(A) New or amended Rule 444.
(iii) Fresno County APCD.
(A) New or amended Rule 409.6.
(105) Schedule to study Nontraditional Total Suspended Particulate
Sources and commitment to implement control measures necessary to
provide for attainment, submitted on November 18, 1981 by the Governor's
designee.
(106) The Southeast Desert Air Basin Control Strategy for ozone
(Chapter 19 of the Comprehensive Revisions to the State of California
Implementation Plan for the Attainment and Maintenance of the Ambient
Air Quality Standards) was submitted by the Governor's designee on
February 15, 1980. The portions of the Southeast Desert Air Basin
Control Strategy identified in Table 19-1 (Summary of Plan Compliance
with Clean Air Act Requirements), except those which pertain to Imperial
County, comprise the plan. The remaining portions are for informational
purposes only.
(107) On August 11, 1980, the Governor's designee submitted a
revision to the State Implementation Plan which adds the Southeast
Desert Air Basin portion of Riverside County into the South Coast Air
Quality Management District.
(108) On November 28, 1980, the Governor's designee submitted a
revision to the State Implementation Plan which deletes Rule 67, for the
San Bernardino County APCD as applied to new sources.
(109) Three items submitted for Fresno County and the Sacramento
Metropolitan Area by the Governor's designee on October 9, 1980:
(i) Air Quality Planning Addendum-Council of Fresno County
Governments 1979-84 Overall Work Program.
(ii) Emission Inventory, 1976 for the Sacramento Metropolitan Area.
(iii) Air Quality Plan Technical Appendix, January 1979 for the
Sacramento Metropolitan Area.
(110) Five items submitted for Ventura County by the Governor's
designee on April 1, 1980:
(i) Appendix B-81, Empirical Kinetic Modeling Approach: Ozone
Formation, Transport, and Concentration Relationships in Ventura County;
Update of Emission Reduction Required for Attainment of Ozone NAAQS.
(ii) Letter: Jan Bush to Mike Redemer, January 23, 1981.
(iii) Letter and enclosures: Janet Lyders to Mike Scheible, February
6, 1981.
(iv) Letter and enclosures: Jan Bush to William Lockett, December
15, 1980.
(v) Letter and enclosures: Jan Bush to William Lockett, October 23,
1980.
(111) Four items submitted for Ventura County by the Governor's
designee on July 16, 1981:
(i) Attachment V--Transportation Control Measures.
(ii) Ventura Air Quality Management Plan, Appendix O, Plan for
Attainment of Standards for Total Suspended Particulates In Ventura
County: Interim Report, July, 1980.
(iii) Attachment IV--Population Forecasts.
(iv) Attachment VI--Implementation of Emission Reductions Required
for Attainment of TSP Standards.
(112) Plan for Attainment of the Federal Secondary Total Suspended
Particulate Standard in Santa Clara County, an addendum to the San
Francisco Bay Area Air Basin Control Strategy (Chapter 15) submitted on
March 16, 1981, by the Governor's designee.
[[Page 240]]
(113) Supplemental material for the San Diego Nonattainment Area
Plan submitted on July 13, 1981, by the Governor's designee.
(114) Supplemental material for the San Diego Nonattainment Area
Plan submitted on August 31, 1981, by the Governor's designee.
(115) Supplemental material for the San Diego Nonattainment Area
Plan submitted on December 8, 1981, by the Governor's designee.
(116) Supplemental material for the South Coast Nonattainment Area
Plan submitted on July 24, 1981, by the Governor's designee.
(117) Supplemental material for the South Coast Nonattainment Area
Plan submitted on December 24, 1981, by the Governor's designee.
(118) Supplemental material for the South Coast Nonattainment Area
Plan submitted on February 18, 1982, by the Governor's designee.
(119) Revised regulations for the following APCDs submitted on April
17, 1980, by the Governor's designee.
(i) El Dorado County APCD (Mountain Counties Air Basin).
(A) New or amended Rules 502-520.
(B) Rule 102.
(C) Previously approved on May 27, 1982 and now deleted without
replacement Rules 502 to 508, 510 to 513, 515, 517 to 519, and 521.
(D) Previously approved on May 27, 1982 in paragraph (c)(119)(i)(A)
of this section and now deleted without replacement, Rule 509.
(E) Previously approved on May 27, 1982 in paragraph (c)(119)(i)(A)
of this section and now deleted without replacement Rule 520.
(ii) Mendocino County APCD.
(A) New or amended Rules 130, 200, 210, 220, 230, 240, 250, and 260.
(B) Previously approved on June 18, 1982 in paragraph
(c)(119)(ii)(A) of this section and now deleted without replacement Rule
250.
(120) The Mountain Counties Air Basin Control Strategy for ozone
(Chapter 9 of the ``Comprehensive Revisions to the State of California
Implementation Plan for the Attainment and Maintenance of the Ambient
Air Quality Standards'' was submitted by the Governor's designee on
April 3, 1981. The submittal also included revised regulations for the
following APCD's.
(i) El Dorado County APCD (Mountain Counties Air Basin portion).
(A) Rules 401, 402, 403, 404, 405, 406, 407, 410, 411, 415, 416,
418, 419, 420, 421, 422, 423, 424, and 425.
(B) Previously approved on July 7, 1982 and now deleted without
replacement Rules 401 to 407, 410 to 411, 415 to 416, and 418 to 424.
(C) Previously approved on July 7, 1982 in paragraph (c)(120)(i)(A)
of this section and now deleted without replacement Rule 425.
(121) Revised regulations for the following APCDs submitted on March
1, 1982 by the Governor's designee.
(i) South Coast AQMD.
(A) New or amended Rule 474.
(B) Amended Rules 107, 1107, 1108.1, 1125 and 1126.
(C) Amended Rule 1110.
(D) Previously approved on October 11, 1983 and now deleted without
replacement Rule 107.
(ii) San Diego County APCD.
(A) New or amended Rules 62 and 53.
(B) Amended Rule 67.6(e).
(C) Amended Rule 17, adopted on November 25, 1981.
(iii) Lake County APCD.
(A) New or amended Rule 655.
(iv) Bay Area AQMD.
(A) Amended Regulation 8, Rules 2-112 and 5-313.4.
(v) Ventura County APCD.
(A) Amended Rule 74.6.
(122) [Reserved]
(123) Supplemental material for the Kern County Nonattainment Area
Plan submitted on March 4, 1982, by the Governor's designee.
(124) Revised regulations for the following APCDs submitted on
August 6, 1982, by the Governor's designee.
(i) Bay Area AQMD.
(A) New or amended Regulation 1: Rules 1-100, 1-112, 1-205, 1-233,
1-234, 1-235, 1-520, 1-522, 1-530, 1-540, 1-543, 1-544, and 1-602;
Regulations 4: Rule 4-303; Regulation 5: Rules 5-208 and 5-402; and
deletion of Regulation 6: Rule 6-132.
(B) [Reserved]
(C) Amended Regulation 8, Rules 2, 4, 5, 8 and 10.
(D) New or amended Regulation 2: Rules 2-1-207, 2-1-208, 2-1-301, 2-
1-304, and 2-1-307.
[[Page 241]]
(E) Amended Regulation 8, Rule 23.
(ii) Lake County APCD.
(A) New or amended Rules 630, 631, 660.1, 660.2, and 660.3.
(B) Previously approved on November 10, 1982 in paragraph
(c)(124)(ii)(A) of this section and now deleted without replacement,
Rules 660.1, 660.2, and 660.3.
(C) Previously approved on November 10, 1982 in paragraph
(c)(124)(ii)(A) of this section and now deleted without replacement
Rules 631 and 660.1 to 660.3.
(iii) San Joaquin County APCD.
(A) New or amended Rules 203, 415, 503, and 521.
(B) Previously approved on November 10, 1982 and now deleted without
replacement Rules 503 and 521.
(iv) South Coast AQMD.
(A) New or amended Rule 407.
(B) Amended Rule 1107.
(C) [Reserved]
(v) Stanislaus County APCD.
(A) New or amended Rules 203 and 503.
(B) New or amended Rules 409.4 and 409.8.
(C) Previously approved on November 10, 1982 and now deleted without
replacement Rule 503.
(vi) Del Norte County APCD.
(A) New or amended Rules 616, 618, and 620.
(B) New or amended Rule 230, adopted December 14, 1981.
(C) Previously approved on November 10, 1982 and now deleted without
replacement Rules 616 and 618.
(vii) Humboldt County APCD.
(A) New or amended Rules 616, 618, and 620.
(B) New or amended Rule 230, adopted December 8, 1981.
(C) Previously approved on November 10, 1982 and now deleted without
replacement Rules 616 and 618.
(D) Previously approved on November 10, 1982 in paragraph
(c)(124)(vii)(A) of this section and now deleted without replacement
Rule 620.
(viii) Mendocino County APCD.
(A) New or amended Rules 610, 616, 618, and 620.
(B) New or amended Rules 130 (introductory text, b1, m1, p5, and
s2), and 230, adopted January 5, 1982.
(C) Previously approved on November 10, 1982 and now deleted without
replacement Rules 616 and 618.
(ix) Northern Sonoma County APCD.
(A) New or amended Rules 616, 618, and 620.
(B) New or amended Rules 130 (introductory text, b1, n1, p5, and
s2), 220(c), 230, and 260, adopted February 23, 1982 and rule 200,
adopted June 15, 1982.
(C) Previously approved on November 10, 1982 and now deleted without
replacement Rules 616 and 618.
(x) Trinity County APCD.
(A) New or amended Rules 616, 618, and 620.
(B) New or amended Rule 230, adopted December 7, 1981.
(C) Previously approved on November 10, 1982 and now deleted without
replacement Rules 616 and 618.
(xi) Kern County APCD.
(A) New or amended Rule 411.
(xii) Butte County APCD.
(A) New or amended Rules 4-6 and 4-6A.
(B) Previously approved on June 1, 1983 in paragraph (xii)(A) of
this section and now deleted Rules 4-6 and 4-6A.
(125) Revised Regulations for the following APCDs submitted on May
20, 1982 by the Governor's designee.
(i) San Diego County APCD.
(A) New or amended Rule 40.
(ii) South Coast AQMD.
(A) New or amended Rule 431.1.
(B) New or amended Rules 303 and 304.
(C) [Reserved]
(D) Amended Rules 442, 467 and 1128.
(iii) Monterey Bay Unified APCD.
(A) New or amended Rule 422.
(B) New Rule 428.
(iv) Shasta County APCD.
(A) New or amended Rules 2:6, 2:7, 2:8, 2:9, 2:11 and 4:4.
(B) Previously approved on November 10, 1982 and now deleted without
replacement Rule 4.4.
(C) Previously approved on November 10, 1982 in paragraph
(c)(125)(iv)(A) of this section and now deleted without replacement,
Rule 2:11.
(v) Tulare County APCD.
(A) New or amended Rules 104 and 405.
(B) Amended Rule 410.1.
(C) Previously approved on November 10, 1982 in paragraph
(c)(125)(v)(A) of
[[Page 242]]
this section and now deleted without replacement, Rule 104.
(vi) Yolo-Solano APCD.
(A) New or amended Rules 4.1 and 4.2.
(B) Previously approved on November 10, 1982 and now deleted without
replacement Rules 4.1 and 4.2.
(vii) Yuba County APCD.
(A) New or amended Rule 9.6.
(viii) Bay Area AQMD.
(A) Manual of Procedures: Volumes I, V and VI.
(B) Amended Regulation 8, Rules 7, 14, 18 and 19.
(ix) San Joaquin County APCD.
(A) Amended Rule 412.
(126) Revised regulations for the following APCDs submitted on
November 8, 1982 by the Governor's designee.
(i) Sacramento County APCD.
(A) New or amended Rules 59 and 70.
(B) Amended Rules 16 and 19.
(C) Previously approved on June 1, 1983 and now deleted without
replacement Rule 70.
(ii) Santa Barbara County APCD.
(A) New or amended Rule 210D.
(B) Previously approved on June 1, 1983 in paragraph (c)(126)(ii)(A)
of this section and now deleted without replacement, Rule 210D.
(iii) Stanislaus County APCD.
(A) New or amended Rules 110, 202, and 302.
(B) Amended Rules 409.8, 411 and 411.1(G).
(C) Previously approved on June 18, 1982 and now deleted without
replacement Rule 302.
(iv) South Coast AQMD.
(A) New or amended Rules 708.3 and 1105.
(v) Tulare County APCD.
(A) New or amended Rule 519.
(B) Amended Rules 410.3 and 410.4.
(C) Previously approved on June 1, 1983 and now deleted without
replacement Rule 519.
(vi) Yolo-Solano County APCD.
(A) New or amended Rule 6.1.
(B) Amended Rule 2.22.
(127) New and amended regulations for the following APCD's submitted
on February 3, 1983 by the Governor's designee.
(i) Bay Area Air Quality Management District.
(A) [Reserved]
(B) Amended Regulation 3: Rules 3-102, 3-302, 3-302.1, 3-303, and
Schedule A.
(C) Amended Rules 13 and 29.
(D) New or amended Regulation 2: Rules 2-2-113.2, 2-2-115, 2-2-209,
2-2-210, 2-2-211, 2-2-303.2, 2-2-304.1, 2-2-304.2, and 2-2-404; and
Regulation 3: Rule 3-312.
(ii) Fresno County APCD.
(A) Amended Rules 406 and 408.
(B) Amended Rule 409.1.
(iii) North Coast Unified AQMD.
(A) New Rule 350.
(B) Previously approved on November 18, 1983 and now deleted without
replacement Rule 350.
(iv) Imperial County APCD.
(A) Amended Rule 409.
(B) Amended Rule 424.
(v) Monterey Bay Unified APCD.
(A) New or amended Rule 601.
(B) Amended Rule 301, submitted on February 3, 1983.
(C) Previously approved on August 9, 1985 in paragraph
(c)(127)(v)(B) of this section and now deleted without replacement, Rule
301.
(vi) San Luis Obispo County APCD.
(A) Amended Rule 302.
(B) Previously approved on November 18, 1983 and now deleted without
replacement Rule 302.
(vii) South Coast AQMD.
(A) New or amended Rules 301.1, 302, 303, and Resolutions 82-23 and
82.35.
(B) New or amended Rules 461, 1102, and 1102.1.
(C) New or amended Rules 301, 304, 401(b) and 1148.
(D) Previously approved on November 18, 1983 and now deleted without
replacement Rule 303.
(E) Previously approved on October 19, 1984 and now deleted without
replacement for implementation in the Antelope Valley Air Pollution
Control District Rule 1148.
(F) Previously approved on November 18, 1983 in paragraph
(c)(127)(vii)(A) of this section and now deleted without replacement for
implementation in the Antelope Valley Air Pollution Control District and
the South Coast Air Quality Management District, Rule 302.
(G) Previously approved on October 19, 1984 in paragraph
(c)(127)(vii)(C) of this section and now deleted without replacement for
implementation in the Antelope Valley Air Pollution Control District and
the South Coast Air Quality Management District, Rule 304.
[[Page 243]]
(H) Previously approved on October 19, 1984 in paragraph
(c)(127)(vii)(C) of this section and now deleted without replacement for
implementation in the Antelope Valley Air Pollution Control District and
the Mojave Desert Air Quality Management District (Riverside County),
Rule 304.
(I) Previously approved on November 18, 1983 in paragraph
(c)(127)(vii)(A) of this section and now deleted without replacement for
implementation in the Antelope Valley Air Pollution Control District and
the Mojave Desert Air Quality Management District, Rules 302 and 303.
(viii) Ventura County APCD.
(A) New or amended Rule 41.
(B) Amended Rule 74.2.
(128) The 1982 Ozone Air Quality Plan for the Monterey Bay Region
was submitted on December 31, 1982 and January 14, 1983 by the
Governor's designee.
(129) The 1982 Ozone Air Quality Plan for Stanislaus County and the
1982 Ozone and CO plan for San Joaquin County were submitted on December
1, 1982 by the Governor's designee.
(130) The 1982 Ozone Air Quality Plan for Santa Barbara County was
submitted on December 31, 1982 by the Governor's designee.
(131) [Reserved]
(132) Revised regulations for the following APCDs submitted on June
28, 1982, by the Governor's designee.
(i) Kern County APCD.
(A) Amended Rule 425.
(B) Previously approved on May 3, 1984 and now deleted without
replacement, Rule 425.
(133) The enabling legislation, Chapter 892, Statutes of 1982,
(Senate Bill No. 33) for a California motor vehicle inspection and
maintenance program and the California Air Resources Board's Executive
Order G-125-15 submitted on September 17, 1982 by the Governor's
designee.
(134) A schedule to implement the California motor vehicle
inspection and maintenance (I/M) program, the California Air Resources
Board's Executive Order G-125-33, and local resolutions and requests
from the Bay Area Air Quality Management District, Sacramento County
APCD, Placer County APCD, Yolo-Solano APCD, San Diego County APCD, South
Coast Air Quality Management District and Ventura County APCD to have
the State implement the I/M program, submitted on July 26, 1983 by the
Governor's designee.
(135) The 1982 Ozone and CO Air Quality Plan for the San Francisco
Bay Air Basin was submitted on February 4, 1983 by the Governor's
designee.
(136) The 1982 Ozone and CO Air Quality Plan for the San Diego Air
Basin was submitted on February 28 and August 12, 1983 by the Governor's
designee.
(137) Revised regulations for the following APCDs was submitted on
July 19, 1983 by the Governor's designee.
(i) Kern County APCD.
(A) New or amended Rules 301.1 and 302.
(B) Amended Rule 410.1
(C) Previously approved on February 1, 1984 in paragraph
(c)(137)(i)(A) of this section and now deleted without replacement,
Rules 301.1 and 302 (including Southeast Desert).
(ii) Merced County APCD.
(A) New or amended Rules 104, 108, 113, 202, 209.1, 301, 305, 407
and 519.
(B) Amended Rule 409.1.
(C) New or amended Rules 409.4, 409.5, 411 and 411.1.
(D) Previously approved on February 1, 1984 and now deleted without
replacement Rules 305 and 319.
(E) Previously approved on February 1, 1984 in paragraph
(c)(137)(ii)(A) of this section and now deleted without replacement,
Rules 104, 113, and 301 (paragraphs a, b, and h).
(iii) Sacramento County APCD.
(A) New or amended Rule 7.
(B) Amended Rule 17.
(iv) San Diego County APCD.
(A) New or amended Rules 10 and 40.
(B) Amended Rules 67.3, 67.4 and 67.6.
(C) Previously approved on February 1, 1984 and now deleted without
replacement Rule 40.
(v) San Luis Obispo County APCD.
(A) New or amended Rule 212.
(vi) Shasta County APCD.
(A) New or amended Rules 2.18, 3.4, and 3.15.
(B) Amended Rules 3.3(b), 3.4(d) and 3.15(c).
(C) Previously approved on February 1, 1984 in paragraph
(c)(137)(vi)(A) of
[[Page 244]]
this section and now deleted without replacement Rule 2.18.
(vii) South Coast AQMD.
(A) New or amended Rules 502, 1207 and deletion of 301.1.
(B) New or amended Rules 301, 301.1, 301.2 and 431.1.
(C) Previously approved on February 1, 1984 and now deleted without
replacement Rule 502.
(D) Previously approved on February 1, 1984 and now deleted without
replacement for implementation in the Antelope Valley Air Pollution
Control District Rule 1207.
(E) Previously approved on October 19, 1984 in paragraph
(c)(137)(vii)(B) of this section and now deleted without replacement
Rules 301, 301.1, and 301.2.
(F) Previously approved on October 19, 1984 in paragraph
(c)(137)(vii)(B) of this section and now deleted without replacement for
implementation in the Antelope Valley Air Pollution Control District,
Rules 301 to 301.2.
(G) Previously approved on February 1, 1984 in paragraph
(c)(137)(vii)(A) of this section and now deleted without replacement for
implementation in the Mojave Desert Air Quality Management District
(Riverside County) Rule 1207.
(H) Previously approved on February 1, 1984 in paragraph
(c)(137)(vii)(A) of this section and now deleted without replacement for
implementation in the South Coast Air Quality Management District Rule
1207.
(viii) Ventura County APCD.
(A) Amended Rule 41.
(B) Previously approved on February 1, 1984 and now deleted without
replacement Rule 41.
(ix) Monterey Bay Unified APCD.
(A) Amended Rule 426.
(x) Placer County APCD (Mountain Counties Air Basin portion).
(A) Amended Rule 218.
(xi) Fresno County APCD.
(A) Amended Rule 409.4.
(138) Revised regulations for the following APCDs was submitted on
April 11, 1983 by the Governor's designee.
(i) Butte County APCD.
(A) Amended Rules 1-36, 4-2, 4-3, 4-11, and 5-3.
(B) Previously approved on November 18, 1983 in paragraph (i)(A) of
this section and now deleted without replacement Rules 4-3 and Rule 4-
11.
(C) Previously approved on November 18, 1983 in paragraph
(c)(138)(i)(A) of this section and now deleted without replacement,
Rules 4-2, 4-11, and 5-3.
(ii) El Dorado County APCD.
(A) New or amended Rules 203, 206, 207, 209-212, 221-226, 521, 609-
612 and 700-703.
(B) Amended Rules 214-220.
(C) New Rule 213.
(D) Previously approved on November 18, 1983 and now deleted without
replacement Rule 521.
(E) Previously approved on November 18, 1983 in paragraph
(c)(138)(ii)(A) of this section and now deleted without replacement,
Rules 609 to 612 (Mountain Counties Air Basin).
(F) Previously approved on November 18, 1983 in paragraph
(c)(138)(ii)(A) of this section and now deleted without replacement
Rules 700, 702, and 703 (Mountain Counties Air Basin).
(iii) Fresno County APCD.
(A) New or amended Rule 301.
(B) Previously approved on November 18, 1983 in paragraph
(c)(138)(iii)(A) of this section and now deleted without replacement,
Rule 301.
(iv) Lake County APCD.
(A) New or amended Rules 900 and 902.
(B) Previously approved on November 18, 1983 in paragraph
(c)(138)(iv)(A) of this section and now deleted without replacement,
Rules 900 and 902.
(v) Madera County APCD.
(A) New or amended Rules 103-117, 301-305, 401-405, 421-425, 501-
503, 519, 606, 610 and 611.
(B) Amended Rules 409, 410, and 417-419.
(C) New or amended Rules 406, 407, 408, 411 and 420.
(D) Previously approved on November 18, 1983 and now deleted without
replacement Rules 305 and 502 to 503.
(E) Previously approved on November 18, 1983 in paragraph
(c)(138)(v)(A) of this section and now deleted without replacement,
Rules 105, 108, 111, and 301 to 304.
(vi) Monterey Bay Unified APCD.
(A) New or amended Rules 200, 201(p), 501, 503, 506, 507 and 508.
(B) Amended Rule 425.
(vii) Ventura County APCD.
[[Page 245]]
(A) New or amended Rule 59c.
(viii) Kern County APCD.
(A) Amended Rule 414.1.
(ix) Kings County APCD.
(A) Amended Rule 410.1.
(139) Amendments to ``Chapter 27--California Lead Control Strategy''
was submitted on April 8, 1983 by the Governor's designee.
(140) Revised regulations for the following APCDs were submitted on
August 30, 1983 by the Governor's designee.
(i) Bay Area AQMD.
(A) Amended Regulation 3: Rules 3-100 through 3-103, 3-200 through
3-211, 3-300 through 3-313 and 3-400 through 3-409.
(B) New Regulation 8, Rule 30.
(C) Previously approved on May 3, 1984 and now deleted without
replacement Rule 3-301.
(D) Previously approved on May 3, 1984 in paragraph (c)(140)(i)(A)
of this section and now deleted without replacement, Regulation 3: Rules
3-100 through 3-103, 3-200 through 3-211, 3-300, 3-302 through 3-313,
and 3-400 through 3-409.
(ii) Kern County APCD.
(A) New or amended Rules 405, 408, 409, and 424.
(B) Previously approved on May 3, 1994 and now deleted without
replacement for implementation in the Southeast Desert Air Basin, Rule
408.
(C) Previously approved on May 3, 1984 and now deleted without
replacement for implementation in the Southeast Desert Air Basin Rule
424.
(iii) Stanislaus County APCD.
(A) New or amended Rules 109 and 213.
(B) Amended Rule 409.1.
(C) Previously approved on May 3, 1984 in paragraph (c)(140)(iii)(A)
of this section and now deleted without replacement, Rule 109.
(iv) Yolo-Solano APCD.
(A) Amended Rule 2.13(1).
(141) The 1982 CO Air Quality Plan for the Lake Tahoe Air Basin was
submitted on December 20, 1982 by the Governor's designee.
(142) The 1982 ozone and CO Air Quality Plan for the Sacramento
nonattainment area submitted on January 10, 1984 by the Governor's
designee, except for the attainment and RFP demonstration portions of
the ozone plan.
(143) Revisions to the 1982 ozone and CO Air Quality Plan for the
Sacramento nonattainment area submitted on February 10, 1984.
(144) The 1982 Ozone and CO Air Quality Management Plan for the
South Coast Air Basin submitted on December 31, 1982 and subsequently
amended on February 15, and June 28, 1984 by the Governor's designee,
except for:
(i) The attainment and RFP demonstration portions of the plan.
(ii) The emission reduction credit for the New Source Review control
measure.
(145) The 1982 Ozone Air Quality Management Plan for Ventura County
submitted on December 31, 1982 by the Governor's designee except for the
attainment and RFP demonstration portions of the plan.
(146) The 1982 Ozone and CO Clean Air Plan for the Fresno
nonattainment area submitted on December 1, 1982 by the Governor's
designee, except for the attainment and RFP demonstration portions of
the plans.
(147) [Reserved]
(148) Revised regulations for the following APCDs were submitted on
October 27, 1983 by the Governor's designee.
(i) Bay Area AQMD.
(A) New or amended Regulations 6-303.4, 9-1-100, 9-1-101, 9-1-110,
9-1-200 through 9-1-205, 9-1-300 through 9-1-312, 9-1-400 through 9-1-
404, 9-1-500 through 9-1-503, 9-1-600 through 9-1-605 and 5-401.13.
(B) Amended Regulation 8, Rules 3, 9, 10, 20, 22, 25 and 28.
(ii) El Dorado County APCD.
(A) New or amended Rules 102, 226, 227, and 228.
(B) New Rules 224 and 225.
(C) Previously approved on May 3, 1984 in paragraph (c)(148)(ii)(A)
of this section and now deleted without replacement, Rule 226.
(iii) Monterey Bay Unified APCD.
(A) New or amended Rules 407, 410, and 411.
(B) Previously approved on May 3, 1984 in (c)(148)(iii)(A) of this
section and now deleted without replacement Rule 407.
(iv) San Diego County APCD.
(A) New or amended Rule 68.
[[Page 246]]
(B) New Rule 67.9.
(v) Shasta County APCD.
(A) New or amended Rule 2.6.
(vi) South Coast AQMD.
(A) New or amended Rules 1105 and 1111.
(B) New or amended Rules 1113, 1122, 1136, 1141 and 1145.
(vii) Ventura County APCD.
(A) New or amended Rule 30.
(viii) Madera County APCD.
(A) Amended Rule 416.
(149) Revised regulations for the following APCD's submitted on
January 20, 1983 by the Governor's designee.
(i) California State.
(A) New or amended California statewide regulations: Test Procedures
for Determining the Efficiency of Gasoline Vapor Recovery Systems at
Service Stations; Certification and Test Procedures for Vapor Recovery
Systems of Gasoline Delivery Tanks; Test Procedure for Gasoline Vapor
Leak Detection Using Combustible Gas Detector.
(150) Revised regulations for the following APCD's submitted August
2, 1983, by the Governor's designee.
(i) Kings County APCD.
(A) New Rule 414.4.
(ii) Yuba County APCD.
(A) Amended Rule 3.9.
(151) [Reserved]
(152) Amendments to ``Chapter 27--California Lead Control Strategy''
were submitted on February 22, 1984 by the Governor's designee.
(153) Revised regulations for the following APCD's were submitted on
March 14, 1984 by the Governor's designee.
(i) Lake County APCD.
(A) New or amended Rule 602.
(ii) North Coast Unified AQMD.
(A) New or amended Rules 100, 120, 130 [Paragraphs (d1) and (s5)],
160 (except (a) and non-criteria pollutants), 240, 500, 520, 600, 610
and Appendix B (except (D)(1)(e)).
(B) New or amended Rules, 130, 130 (b1, m2, n1, p5, s2), 200 (a),
(b), (c)(1-2), and (d), 220(c), and 260.
(C) Previously approved on December 5, 1984 and now deleted without
replacement Rules 600 and 610.
(D) Previously approved on December 5, 1984 in paragraph
(c)(153)(ii)(A) of this section and now deleted without replacement,
Rules 500 and 520.
(iii) San Diego APCD.
(A) New or amended Rules 2, 52 and 53.
(B) Amended Rules 67.0 and 67.1 (deletion).
(iv) San Joaquin APCD.
(A) New or amended Rules 110, 202 and 407.
(B) Amended Rules 409.1 and 409.4.
(v) Bay Area AQMD.
(A) New Regulation 8, Rules 31 and 32.
(vi) Kern County APCD.
(A) Amended Rule 410.1.
(vii) South Coast AQMD.
(A) New or amended Rules 1108.1 and 1141.1.
(B) New Rule 1158, adopted 12-2-83.
(C) Previously approved on March 14, 1984 in paragraph
(c)(153)(vii)(B) of this section and now deleted without replacement for
implementation in the Antelope Valley Air Quality Management District
Rule 1158.
(viii) Ventura County APCD.
(A) Amended Rule 74.2
(154) Revised regulations for the following APCD's were submitted on
April 19, 1984 by the Governor's designee.
(i) Mendocino County APCD.
(A) New or amended Regulation 1: Rules 100, 120, 130 [Paragraphs
(d1) and (s5)], 160 (except (a) and non-criteria pollutants), 240, 500,
520, 600, 610 and Appendix B (except (D)(1)(e)) and Regulation 2: Rules
101, 102, 200, 301, 302, 303, 304, 305, 401, 501, and 502.
(B) New or amended Rules, 130, 200, 220(a)(1&3), (b)(1, 2, 5, and
7), (c), and 260.
(C) Previously approved on December 5, 1984 and now deleted without
replacement Rules 600 and 610.
(D) Previously approved on December 5, 1984 in paragraph
(c)(154)(i)(A) of this section and now deleted without replacement,
Rules 500, 520, and Regulation 2: Rule 502.1.
(ii) Monterey Bay Unified APCD.
(A) New or amended Rules 101, 200, 203 and 422.
(B) Amended Rule 426.
(iii) Sacramento County APCD.
(A) New or amended Rules 101, 102, 103, 403-410, 420, 501, 601, 602
and 701.
(B) Amended Rules 441, 442, 444-446 and 448-455.
[[Page 247]]
(C) Previously approved on December 5, 1984 and now deleted without
replacement Rules 601 and 602.
(iv) San Luis Obispo County APCD.
(A) New or amended Rule 105.
(v) Shasta County APCD.
(A) New or amended Rules 1:2, 2:2 (repealed), 2:3 (repealed), 2:6
2:26 (repealed), 2:27 (repealed), and 3:2.
(B) Amended Rule 3:4, adopted on January 3, 1984.
(vi) Bay Area AQMD.
(A) New or amended Regulation 8, Rules 6, 7, 29 and 33.
(B) Amended Regulation 9, Rule 4 adopted December 7, 1983.
(vii) South Coast AQMD.
(A) Amended Rule 1124.
(B) [Reserved]
(155) Revised regulations for the following APCD's submitted July
10, 1984, by the Governor's designee.
(i) Bay Area AQMD.
(A) New or amended Regulation 8, Rules 11, 34 and 35.
(ii) El Dorado County APCD.
(A) New or amended Rules 215, 216 (deletion), 216 and 217
(deletion).
(B) New or amended Rule 217.
(iii) Madera County APCD.
(A) New or amended Rules 409 and 410.
(B) New or amended Rules 203 and 404.
(iv) South Coast AQMD.
(A) Amended Rule 1113.
(B) New or amended Rules 401 and 1305.
(v) North Coast Unified AQMD.
(A) New or amended Regulation 2.
(B) New or amended Rules 130 (b2, m1, p3, and s7), Chapter II, 200
(c)(3-6) and 220 (a) and (b).
(C) Previously approved on January 29, 1985 in paragraph
(c)(155)(v)(A) of this section and now deleted without replacement,
Regulation 2: Rule 502.
(D) Previously approved on January 29, 1985 in paragraph
(c)(155)(v)(A) of this section and now deleted without replacement
Regulation 2, Rule 2-502.
(vi) Shasta County APCD.
(A) Amended Rule 1:2.
(156) Revised regulations for the following APCD's were submitted on
October 19, 1984 by the Governor's designee.
(i) Bay Area AQMD.
(A) New or amended Rules 2-1 and 8-36.
(ii) Merced County APCD.
(A) New or amended Rules 112, 409.1, and 409.4.
(B) Previously approved on January 29, 1985 in paragraph
(c)(156)(ii)(A) of this section and now deleted without replacement,
Rule 112.
(iii) North Coast Unified AQMD.
(A) New or amended Rules 160 and 460.
(B) Amended Rules 130(c, 1) and 240(e).
(iv) San Diego County APCD.
(A) New or amended Rules 61.0, 61.2, 61.8, and 67.3.
(v) Yolo-Solano APCD.
(A) New or amended Rule 2.21.
(vi) Northern Sonoma County APCD.
(A) New or amended Rules 130 (b2, m1, p3, p3a, and s7), Chapter II,
220(B).
(vii) South Coast AQMD.
(A) New or amended Rule 463, adopted 6-1-84 and 1141.2, adopted 7-6-
84.
(B) Previously approved on January 15, 1987 in paragraph
(c)(156)(vii)(A) of this section and now deleted without replacement for
implementation in the Antelope Valley Air Quality Management District
Rule 1141.2.
(157) [Reserved]
(158) Revised regulations for the following Districts were submitted
on December 3, 1984 by the Governor's designee.
(i) Mendocino County APCD.
(A) New or amended Rules 1-160, 1-240, 1-460 and 2-502.2.
(B) New or amended Rules 130 (b2, m1, p3, s7), Chapter II, 220
(a)(2) and (b)(3, 4, 6, 8 and 9).
(C) Previously approved on May 9, 1985 in paragraph (c)(158)(i)(A)
of this section and now deleted without replacement, Rule 2-502.2.
(159) Revised regulations for the following APCD's were submitted on
February 6, 1985 by the Governor's designee.
(i) Sacramento County APCD.
(A) Amended Rule 202 (except for a) sections 104 and 105 as they
apply to volatile organic compounds and nitrogen oxides, b) sections 109
and 229, and c) the portion of section 405 which concerns stack heights
[under NSR]).
(B) Previously approved on February 6, 1985 and now deleted without
replacement: Rule 202.
(ii) Fresno County APCD.
[[Page 248]]
(A) New or amended Rules 409.7 and 413.1, adopted on October 2,
1984.
(iii) Monterey Bay Unified APCD.
(A) New or amended Rules 100 to 106, 200 to 206, 208 to 214, 400,
401, 405, 406, 408 to 415, 417 to 422, 425 to 428, 500 to 506, 600 to
617, 700 to 713, 800 to 816, and 900 to 904, adopted on December 13,
1984.
(B) Previously approved on July 13, 1987 and now deleted without
replacement Rules 600 to 617 and 800 to 816.
(C) Previously approved on July 13, 1987 in (c)(159)(iii)(A) of this
section and now deleted without replacement Rules 405 and 406.
(D) Previously approved on July 13, 1987 in paragraph
(c)(159)(iii)(A) of this section and now deleted without replacement,
Rule 104.
(E) Previously approved on July 13, 1987 in (c)(159)(iii)(A) of this
section and now deleted without replacement, Rule 209.
(F) Previously approved on July 13, 1987 in (c)(159)(iii)(A) of this
section and now deleted without replacement Rules 409, 410, 411, and
422.
(G) Previously approved on July 13, 1987 in paragraph
(c)(159)(iii)(A) of this section and now deleted without replacement
Rules 203, 210, and 211.
(H) Previously approved on July 13, 1987 in (c)(159)(iii)(A) of this
section and now deleted without replacement Rules 900, 901, 902, 903,
and 904.
(iv) Sacramento County APCD.
(A) New or amended Rules 201 (sections 100-400), 404 (sections 100-
300), and 443 (sections 100-400), adopted on November 20, 1984.
(B) Amended Rule 447 adopted November 20, 1984.
(v) South Coast AQMD.
(A) New or amended Rules 1104 and 1125, adopted on December 7, 1984.
(B) Amended Rule 1141, adopted on November 2, 1984.
(C) Amended Rule 1105 adopted September 21, 1984.
(D) New Rule 1117 adopted January 6, 1984.
(E) Previously approved on July 12, 1990 and now deleted without
replacement for implementation in the Antelope Valley Air Pollution
Control District Rules 1105 and 1117.
(vi) Stanislaus County APCD.
(A) New or amended Rules 202(O), 411, and 416.1, adopted on
September 18, 1984.
(vii) Yolo-Solano County APCD.
(A) Amended Rule 2.21.a.7. (a) and (b) adopted November 21, 1984.
(160) Revised regulations for the following APCD's were submitted on
April 12, 1985, by the Governor's designee.
(i) Incorporation by reference. (A) Bay Area AQMD.
(1) Revisions to Regulation 8, Rule 33, adopted on January 9, 1985.
(B) San Luis Obispo County APCD.
(1) New or amended Rules 201, 205, 405, and 406, adopted on November
13, 1984.
(C) Shasta County APCD.
(1) Amended Rule 2:1.514, adopted on May 29, 1984.
(D) San Diego County APCD.
(1) New Rule 67.10 adopted January 30, 1985.
(E) South Coast AQMD.
(1) Amended Rule 1108 adopted February 1, 1985.
(161) Revisions to the ozone and carbon monoxide nonattainment area
plans for the Fresno County portion of the San Joaquin Valley Air Basin
were submitted by the Governor on June 11, 1984.
(i) Incorporation by reference. (A) State of California Air
Resources Board Executive Order G-125-46 adopted May 11, 1984.
(B) Letters from the County of Fresno to the Bureau of Automotive
Repair dated March 14, 1984 and February 14, 1984 requesting
implementation of an I/M program in Fresno County.
(C) County of Fresno Resolution File Number 18-13 adopted February
14, 1984.
(D) Schedule to implement I/M in Fresno County, adopted on February
14, 1984.
(ii) Additional information. The State submitted no additional
information.
(162) Revised regulations for the following APCD were submitted on
June 21, 1985 by the Governor's designee.
(i) Northern Sonoma County APCD.
(A) Amended Rule 220 (a).
(163) Rule 1304(e), Resource Conservation and Energy Projects,
adopted on March 7, 1980, submitted on April 3,
[[Page 249]]
1980 (See Sec. 52.220(c)(68)(i)), and conditionally approved on January
21, 1981 [See Sec. 52.232(a)(3)(i)(A)] is disapproved but only with
respect to projects whose application for a permit is complete after
January 1, 1986.
(164) Revised regulations for the following APCD's were submitted on
October 16, 1985 by the Governor's designee.
(i) Incorporation by reference. (A) Amador County APCD.
(1) New or amended Rules 301-319 and 501, adopted 6/16/81; and Rules
502-514 and 517-521, adopted 1/8/80.
(2) Previously approved on April 17, 1987 in paragraph
(c)(164)(i)(A)(1) of this section and now deleted without replacement,
Rules 318, 319, and 509.
(3) Previously approved on April 17, 1987 in paragraph
(c)(164)(i)(A)(1) of this section and now deleted without replacement
Rules 504, 506, 519, and 520.
(B) Northern Sonoma County APCD.
(1) Amended Rules 100, 120, 130 (d1 and s5), 500, 520, 600, and 610,
adopted 2/22/84, and amended Rule 200(a), adopted 7/19/83.
(2) Appendices A and B adopted on February 22, 1984.
(3) Previously approved on April 17, 1987 in paragraph
(c)(164)(i)(B)(1) of this section and now deleted without replacement,
Rules 500 and 520.
(C) Ventura County APCD.
(1) Amended Rules 15, 54, 61, 64, 67, 69, 70, 74.3, 74.4, 74.5,
74.6, 74.8, 80, and 103, revised 7/5/83.
(2) Previously approved and now removed (without replacement), Rule
84.
(3) Previously approved on April 17, 1987 and now deleted without
replacement Rule 61.
(4) Rule 74.11 adopted on April 9, 1985.
(5) Previously approved on April 17, 1987 in paragraph
(c)(164)(i)(C)(1) of this section and now deleted without replacement,
Ventura County Rule 67.
(D) Yuba County APCD.
(1) Amended Rules 1.1, 2.0, 2.1, 2.3, 2.5, 2.6, 2.7, 2.9, 2.11, and
2.16, adopted 3/5/85.
(E) South Coast Air Quality Management District.
(1) Rule 1150.1, adopted on April 5, 1985.
(165) Revised regulations for the following APCD's were submitted by
the Governor's designee on November 12, 1985.
(i) Incorporation by reference. (A) Northern Sonoma County APCD.
(1) Amended Rule 130 s4, adopted 7/9/85.
(B) South Coast Air Quality Management District.
(1) Amended Rule 221, adopted 1/4/85.
(166) A revised regulation for the following district was submitted
on December 2, 1983, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast AQMD.
(1) Amended Rule 466 adopted 10/7/83.
(167) A revised regulation for the following district was submitted
on August 1, 1984, by the Governor's designee.
(i) Incorporation by reference. (A) Ventura County APCD.
(1) Amended Rule 74.7 adopted 7-3-84.
(168) Revised regulations for the following APCD's were submitted by
the Governor's designee on February 10, 1986.
(i) Incorporation by reference. (A) Butte County APCD.
(1) New or amended Rules 101, 102, 250, 260, 261, 270, 301, 302,
303, 304, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317,
318, 320, 322, 323, 324, 325, 401, 402, 403, 405, 406, 407, 420, 421,
422, 423, 425, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611,
612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 701, 702, 703, 704,
801, 802, 901, 902, and 3-3 (repealed), adopted August 6, 1985.
(2) New or amended Rules 202, 203, 204, 205, 210, 211, 212, 213,
214, 215, 220, 225, and 231 adopted August 6, 1985.
(3) Previously approved on February 3, 1987 and now deleted without
replacement Rules 601 to 618, 620 to 621, and 801 to 802.
(4) Rule 424, adopted on August 6, 1985.
(5) Previously approved on February 3, 1987 in paragraph
(c)(168)(i)(A)(1) of this section and now deleted without replacement,
Rules 701, 702, 703, and 902.
(6) Previously approved on February 3, 1987 in paragraph
(c)(168)(i)(A)(1) of this section and now deleted without replacement
Rules 423 and 425.
(B) Lake County APCD.
(1) New Rules 650D, 651, and 1701Q, adopted December 10, 1985.
(C) Placer County APCD (Mountain Counties portion).
[[Page 250]]
(1) Amended Rules 102, 312, 314, 315, 320, 505, 507, 803, 211A
(repealed), and 219M (repealed), adopted May 20, 1985.
(2) New or amended Rules 213, 307, and 324 adopted May 20, 1985.
(3) Previously approved on February 3, 1987 in paragraph
(c)(168)(i)(C)(1) of this section and now deleted without replacement,
Rule 803.
(D) Sutter County APCD.
(1) Amended Rule 2.5, adopted October 15, 1985.
(E) Tehama County APCD.
(1) Amended Rules 2.12, 2.13, 2.14, 2.15, 2.16, 2.17, 5.2, 5.3, 5.6,
5.7, 5.8, 5.9, 5.10, 5.11, 5.12, 5.13, 5.15, 5.16, 5.17, 5.18, 5.20,
5.21, 5.22, and 5.23, adopted September 19, 1985.
(2) New or amended Rules 4.3, 4.8, 4.9 (a) and (b), 4.10, and 4.14
adopted September 10, 1985.
(3) Previously approved on February 3, 1987 and now deleted without
replacement Rules 5.2 to 5.3, 5.6 to 5.9, 5.11 to 5.12, 5.13, 5.15 to
5.18, and 5.20 to 5.23.
(4) Previously approved on February 3, 1987 in paragraph
(c)(168)(i)(E)(1) of this section and now deleted without replacement
Rules 2.12 and 5.10.
(F) Monterey Bay Unified APCD.
(1) New or amended Rules 416 and 418 adopted September 18, 1985.
(2) Rule 204, amended on July 17, 1985.
(G) San Diego County APCD.
(1) New or amended Rules 66 (w) and 67.8 (d) adopted September 17,
1985.
(H) South Coast AQMD.
(1) Amended Rule 1159 adopted December 6, 1985.
(2) Rule 1150.2, adopted on October 18, 1985.
(3) Previously approved on July 12, 1990 in paragraph (i)(H)(1) of
this section and now deleted without replacement for implementation in
the Antelope Valley Air Pollution Control District Rule 1159.
(169) New and amended regulations submitted on June 4, 1986 by the
Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rules 404 and 405 adopted on May 7, 1976 and amended on February
7, 1986. Rule 1112.1 adopted on February 7, 1986.
(170) Revised regulations for the following APCD's were submitted on
August 12, 1986, by the Governor's designee.
(i) Incorporation by reference. (A) Placer County Air Pollution
Control District.
(1) Amended rules 101, 201, 305 (Mountain Counties portion), adopted
May 27, 1986.
(171) Revised regulations for the following APCD's were submitted on
November 21, 1986 by the Governor's designee.
(i) Incorporation by reference. (A) Mendocino County APCD.
(1) Amended Rule 200(d), adopted on July 8, 1986.
(B) Placer County APCD.
(1) New Rule 225, adopted on June 17, 1986.
(C) San Joaquin County APCD.
(1) Amended Rules 411.2, 416, and 416.1, adopted on June 24, 1986.
(D) Shasta County APCD.
(1) New or amended Rules 1:1, 1:2 (except ``fugitive emissions''),
2:10, 2:23, 2:26, 2:27, 3:2, 3:3, 4:1, 4:2, and 4:7 adopted on July 22,
1986.
(2) Previously submitted to EPA on June 30, 1972 and approved in the
Federal Register on September 22, 1972 and now removed without
replacement, Rule 2:13.
(3) Previously submitted to EPA on July 19, 1974 and approved in the
Federal Register on August 22, 1977 and now removed without replacement,
Rules 3:8, 4:7, 4:9, 4:10, 4:11, 4:12, 4:13, 4:15, 4:16, 4:17, 4:18,
4:20, 4:21, and 4:22.
(4) Previously submitted to EPA on October 13, 1977 and approved in
the Federal Register on November 14, 1978 and now removed without
replacement, Rules 4:14 and 4:19.
(5) Previously approved on April 12, 1989 and now deleted without
replacement Rule 4.1.
(6) Previously approved on April 12, 1989 in paragraph
(c)(171)(i)(D)(1) of this section and now deleted without replacement
Rules 2:10, 2:26, 2:27, and 4:7.
(172) Revised regulations for the following APCD's were submitted on
March 11, 1987, by the Governor's designee.
(i) Incorporation by reference. (A) Siskiyou County APCD.
[[Page 251]]
(1) New or amended Rules 1.1, 1.2 (A3, A4, A8, A9, B3, B4, C1, C5,
C6, C8, C10, D1, D2, E1, F1, H2, I2, I3, M3, M4, O1, P1, P3, P4, P8, R3,
R4, R6, S1, S2, S3, S5, S6, T2, V1), 1.3, 1.5, 2.3, 2.7, 2.8, 2.9, 2.10,
2.11, and 2.12 adopted on November 25, 1986.
(2) Previously submitted to EPA on February 21, 1972 and approved in
the Federal Register on May 31, 1972 and now removed without
replacement, Rule 1.2 (M).
(3) Previously submitted to EPA on July 25, 1973 and approved in the
Federal Register on August 22, 1977 and now removed without replacement,
Rule 2.13.
(4) Previously approved on April 12, 1989 in paragraph
(c)(172)(i)(A)(1) of this section and now deleted without replacement
Rules 2.8 and 2.9.
(B) Ventura County APCD.
(1) Amended Rule 23, adopted on October 21, 1986.
(173) Revised regulations for the following APCD's were submitted on
June 9, 1987 by the Governor's designee.
(i) Incorporation by reference. (A) Bay Area AQMD.
(1) New Rules 2-1-401.6 and 2-1-401.7, adopted January 7, 1987.
(B) Imperial County APCD.
(1) New or amended Rules 102, 105, 108, 110, 113, 115, 203, 204,
205, 210, 401, 402, 403, 420, 421, 422, and 423, adopted November 19,
1985.
(2) Previously approved on February 3, 1989 in paragraph
(c)(173)(i)(B)(1) of this section and now deleted without replacement,
Rules 105 and 108.
(3) Previously approved on February 3, 1989 in paragraph
(c)(173)(i)(B)(1) of this section and now deleted without replacement
Rules 204 and 210.
(C) Monterey Bay Unified APCD.
(1) Amended Rule 201 (introductory paragraph and subparagraphs (1)
through (8.6)), adopted December 17, 1986.
(2) Rule 200, amended on December 17, 1986.
(D) Tulare County APCD.
(1) Amended Rules 110 and 202 (introductory paragraph and
subparagraphs (a) through (d.7)), adopted May 13, 1986.
(2) Previously approved on February 3, 1989 in paragraph
(c)(173)(i)(D)(1) of this section and now deleted without replacement,
Rule 110.
(E) San Diego County Air Pollution Control District.
(1) Amended Rules 61.7 and 61.8, adopted on January 13, 1987.
(F) South Coast Air Quality Management District.
(1) Rule 443.1, adopted on December 5, 1986.
(174) Revised regulations for the following APCD's were submitted on
September 1, 1987 by the Governor's designee.
(i) Incorporation by reference. (A) South Coast AQMD.
(1) Amended Rule 212, adopted May 1, 1987.
(B) Ventura County APCD.
(1) Amended Rule 12, adopted June 16, 1987.
(175) Revised regulations for the following APCD's were submitted on
November 25, 1987, by the Governor's designee.
(i) Incorporation by reference. (A) Shasta County AQMD.
(1) Amended rules 1:2, 2:6.a.4.(c), 2:6.b, 2:7.a, 2:7.c,
2:8.c.2.(a), 2:8.c.3.(a), 2:8.c.4, and 2:19, adopted on July 28, 1987.
(2) Previously approved on April 17, 1989 in paragraph
(c)(175)(i)(A)(1) of this section and now deleted without replacement
Rule 2:19.
(B) Tehama County APCD.
(1) New or amended rules 1:2, 3:1, 3:6(1), 3:11(a), 3:12, 3:13.j,
3:14(10), 3:15, 4:3, and 4:24, adopted on August 4, 1987.
(2) Rule 4.22, adopted on August 4, 1987.
(3) Previously approved on April 17, 1989 in paragraph
(c)(175)(i)(B)(1) of this section and now deleted without replacement
Rule 3:15.
(C) Yolo-Solano APCD.
(1) Amended rule 3:7(d), adopted on August 12, 1987.
(176) Revised regulations for the following APCD's were submitted on
March 23, 1988 by the Governor's designee.
(i) Incorporation by reference. (A) Siskiyou County Air Pollution
Control District.
(1) New and amended rules 4.1, 4.1-1, 4.1-2, 4.2-1, 4.3, 4.4, 4.5,
4.6, 4.6-1, 4.7, 4.8, 4.9, 4.10, 4.11, 7.1, 7.2, 7.3, 7.4, 7.5-1, 7.5-2,
7.5-3, 7.6, and 7.7 adopted on October 27, 1987.
(B) Lake County Air Pollution Control District.
[[Page 252]]
(1) Amended rules 431.5, 431.7, 432, 432.5, 433, 434, 436.5, 442,
1105, and 1107 adopted October 20, 1987.
(2) Previously approved on October 23, 1989 in paragraph
(c)(176)(i)(B)(1) of this section and now deleted Section 442 (now
replaced by Section 436).
(C) Lassen County Air Pollution Control District.
(1) Amended Articles I, II, III, IV, V, VI, and VII adopted August
11, 1987.
(D) Monterey Bay Unified Air Pollution Control District.
(1) Rule 429 adopted on September 16, 1987.
(E) South Coast Air Quality Management District.
(1) Rule 444, adopted on October 2, 1987.
(177) Revised regulations for the following APCD's were submitted by
the Governor's designee on February 7, 1989.
(i) Incorporation by reference. (A) Ventura County Air Pollution
Control District.
(1) Amended Rules 2 and 55 adopted May 24, 1988.
(2) Amended Rule 56 adopted May 24, 1988.
(3) Previously approved on August 6, 1990 in paragraph
(c)(177)(i)(A) of this section and now deleted without replacement, Rule
55.
(B) Bay Area Air Quality Management District.
(1) Amended Regulation 4 adopted September 7, 1988.
(C) Mariposa County Air Pollution Control District.
(1) Amended Regulation III and Rules 300, 301, 302, 303, 304, 305,
306, 307, and 308 adopted July 19, 1988.
(D) Madera County Air Pollution Control District.
(1) Amended rules 106, 112, 114, 401, 403, 422, 424, 425, 501, 504,
505, 506, 518, 519, 601, 603, 605, 606, 609, 610, 611, 613, and 614
adoped on January 5, 1988.
(2) Previously approved on April 16, 1991 and now deleted without
replacement Rules 106, 501, 504 to 506, and 519.
(3) Previously approved on April 16, 1991 in paragraph
(c)(177)(i)(D)(1) of this section and now deleted without replacement,
Rule 112.
(4) Previously approved on April 16, 1991 in paragraph
(c)(175)(i)(D)(1) of this section and now deleted without replacement
Rule 518.
(E) Bay Area Air Quality Management District.
(1) Rule 8-5 adopted on May 4, 1988.
(F) Lake County Air Quality Management District.
(1) Rules 248.5 and 270, adopted on December 6, 1988.
(2) Section (Rule) 1150, adopted on December 6, 1988.
(178) [Reserved]
(179) Revised regulations for the following APCD's were submitted on
March 26, 1990, by the Governor's designee.
(i) Incorporation by reference. (A) Kings County Air Pollution
Control District.
(1) Amended Rules 417 and 417.1 adopted on February 28, 1989.
(B) San Bernardino County Air Pollution District.
(1) Amended Rules 101, 102 (except fugitive liquid leak and fugitive
vapor leak), 103, 104, 105, and 106 adopted on December 19, 1988.
(2) Previously approved on November 27, 1990 in paragraph
(c)(179)(i)(B)(1) of this section and now deleted without replacement,
Rule 105.
(C) Bay Area Air Quality Management District.
(1) Rule 8-44, adopted January 4, 1989.
(D) Ventura County Air Pollution Control District.
(1) Rule 74.7, adopted on January 10, 1989.
(2) Rule 30 adopted on May 30, 1989.
(E) Siskiyou County Air Pollution Control District.
(1) Rules 1.2 (except section V1), 1.4, 2.1, 2.2, 2.10. 4.1, 4.6,
6.1, and Appendix A, adopted on January 24, 1989.
(2) Rule 4.10 adopted on January 24, 1989.
(3) Rule 4.3, adopted on January 24, 1989.
(4) Previously approved on November 4, 1996 in paragraph
(c)(179)(i)(E)(1) of this section and now deleted without replacement,
Rule 1.4.
(5) Previously approved on November 4, 1996 in paragraph
(c)(179)(i)(E)(1) of this section and now deleted without replacement
Rule 2.10.
(F) Lake County Air Quality Management District.
[[Page 253]]
(1) Rule 1010, adopted on June 13, 1989.
(2) Section (Rule) 431.5, adopted on June 13, 1989.
(G) Tuolumne County Air Pollution Control District.
(1) Rules 101, 102, and Rule 300, adopted November 22, 1988.
(2) Rules 302 to 310, adopted on November 22, 1988.
(180) [Reserved]
(181) New and amended regulations for the following APCD were
submitted on October 16, 1990, by the Governor's designee.
(i) Incorporation by reference. (A) Ventura County Air Pollution
Control District.
(1) Rule 71.2, adopted on September 26, 1989.
(182) New and amended regulations for the following APCDs were
submitted on December 31, 1990, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rules 1175 and 1176, adopted on January 5, 1990.
(2) Rule 109, adopted on May 5, 1989.
(3) Rule 108, adopted on April 6, 1990.
(4) Rule 461, adopted on July 7, 1989.
(5) Rule 431.2, amended on May 4, 1990.
(B) Bay Area Air Quality Management District.
(1) Regulation 8, Rule 8, adopted on November 1, 1989.
(2) Amended Rule 8-28, adopted September 6, 1989.
(3) Rule 8-46, adopted July 12, 1989.
(4) Amended Regulation 8, Rule 16, adopted on August 2, 1989.
(5) Amended Regulation 8, Rule 11, adopted on September 20, 1989.
(6) Regulation 2, Rule 1 adopted on November 1, 1989.
(C) San Luis Obispo County Air Pollution Control District.
(1) Rule 424, adopted on July 18, 1989.
(D) Santa Barbara County Air Pollution Control District.
(1) Amended Rule 323, adopted on February 20, 1990.
(E) San Diego County Air Pollution Control District.
(1) Amended Rules 101, 102, 103, and 108, adopted March 27, 1990.
(2) Previously approved on March 11, 1988 in paragraph
(c)(182)(i)(E)(1) of this section and now deleted Rules 101, 102, 103,
and 108 (now replaced by Rule 101).
(F) Modoc County Air Pollution Control District.
(1) Rules 4.1-2, 4.6, 4.6-1, and 4.9 adopted on January 3, 1989.
(2) Rule 4.11, adopted on January 3, 1989.
(3) Rule 1.2 and Rule 7.1, adopted May 1, 1989.
(4) Rule 4.1, adopted on January 15, 1989.
(G) Siskiyou County Air Pollution Control District.
(1) Rule 4.14, adopted on July 11, 1989.
(2) Rule 7.1, adopted July 11, 1989.
(183) New and amended regulations for the following APCD's were
submitted on April 5, 1991, by the Governor's designee.
(i) Incorporation by reference. (A) San Diego County Air Pollution
Control District.
(1) Rule 67.8, adopted on December 18, 1990.
(2) Rule 61.9, adopted on March 14, 1989, is now removed without
replacement as of April 19, 1994.
(3) Revised Rule 67.3, adopted on October 16, 1990.
(4) Amended Rule 61.4, adopted on October 16, 1990.
(5) Amended Rule 67.4, adopted July 3, 1990.
(6) Amended Rule 61.0, adopted on September 16, 1990.
(7) New Rule 67.12, adopted December 4, 1990.
(8) Previously approved on March 24, 1992 and now deleted without
replacement Rule 67.8.
(9) Amended Rule 67.18, adopted on July 3, 1990.
(10) Revised Rules 61.2, 61.3, and 67.5, adopted October 16, 1990.
(11) Amended Rule 61.1, adopted October 16, 1990.
(12) Rule 67.6, adopted on October 16, 1990.
(13) Rule 67.15, adopted on December 18, 1990.
(B) Ventura County Air Pollution Control District.
(1) Rules 74.5.1 and 74.5.2, adopted on December 4, 1990.
(2) Rule 71, adopted on September 11, 1990.
[[Page 254]]
(3) Rule 74.13, adopted on January 22, 1991.
(4) Rule 74.16, adopted January 8, 1991.
(C) Placer County Air Pollution Control District.
(1) Amended Rule 217, adopted on September 25, 1990.
(2) Amended Rule 213, adopted on September 25, 1990.
(3) New Rule 410 and Amended Rule 223, adopted on September 25,
1990.
(4) Amended Rule 212, adopted September 25, 1990.
(5) Rule 216, adopted on September 25, 1990.
(D) Sacramento Metropolitan Air Quality Management District.
(1) Amended rules 443, adopted September 25, 1990, and 452, adopted
August 21, 1990.
(E)(1) [Reserved]
(2) Rule 316, adopted on July 10, 1990.
(F) Bay Area Air Quality Management District.
(1) Amended Regulation 8, Rule 43, adopted on June 20, 1990.
(2) Regulation 8, Rule 17, adopted on September 5, 1990.
(G) [Reserved]
(H) El Dorado County Air Pollution Control District.
(1) Regulation IX, Rules 900 through 914, adopted September 18,
1990.
(2) Previously approved on October 1, 1999 in paragraph
(c)(183)(i)(H)(1) of this section and now deleted Rules 900, 901, 902,
903, and 904 (now replaced by Rule 238).
(3) Previously approved on October 1, 1999 in paragraph
(c)(183)(i)(H)(1) of this section and now deleted Rules 905, 906, 907,
908, 910, 911, and 912 (now replaced by Rule 244).
(4) Previously approved on October 1, 1999 in paragraph
(c)(183)(i)(H)(1) of this section and now deleted Rule 909 (now replaced
by a Negative Declaration adopted on April 3, 2001).
(5) Previously approved on October 1, 1999 in paragraph
(c)(183)(i)(H)(1) of this section and now deleted without replacement
Rule 913.
(6) Previously approved on October 1, 1999 in paragraph
(c)(183)(i)(H)(1) of this section and now deleted Rule 914 (now replaced
by Rule 501).
(184) New and amended regulations for the following APCDs were
submitted on May 13, 1991, by the Governor's designee.
(i) Incorporation by reference. (A) Sacramento Metropolitan Air
Quality Management District.
(1) Amended rule 445, adopted November 6, 1990.
(2) Amended Rules 442, adopted October 2, 1990, and 446, adopted
December 4, 1990.
(3) Previously approved on August 20, 1991 and now deleted without
replacement Rule 445.
(B) South Coast Air Quality Management District.
(1) Rules 1102 and 1102.1, adopted on December 7, 1990.
(2) Rule 465, adopted on December 7, 1990, and Rule 1123, adopted on
December 7, 1990.
(3) Rules 1153 and 1164, adopted on January 4, 1991, and December 7,
1990, respectively.
(4) New Rule 1174, adopted on October 5, 1990.
(5) Rule 1103, adopted on December 7, 1990.
(6) Rule 464, adopted on December 7, 1990.
(7) Rules 201, 203, 205, 209, 214 to 217 amended on January 5, 1990
and Rule 201.1 adopted on January 5, 1990.
(8) Rule 208, adopted on January 5, 1990.
(9) Previously approved on August 11, 1992 and now deleted without
replacement for implementation in the Antelope Valley Air Pollution
Control District Rule 1123.
(10) Rules 1162 and 1173, adopted on December 7, 1990.
(11) Previously approved on May 13, 1999 in paragraph
(c)(184)(i)(B)(7) of this section and now deleted without replacement
Rules 214, 215, and 216.
(12) Previously approved on October 4, 1994 in paragraph
(c)(184)(i)(B)(4) of this section and now deleted without replacement,
for the Antelope Valley area only, Antelope Valley Rule 1174, previously
South Coast Rule 1174. South Coast Rule 1174 remains in effect for the
South Coast area.
(C) Bay Area Air Quality Management District.
(1) Rule 8-37, adopted on October 17, 1990.
(2) Regulation 6, adopted on December 19, 1990.
[[Page 255]]
(D) San Diego County Air Pollution Control District.
(E) Yolo-Solano Air Quality Management District.
(1) Rule 2.24, adopted on November 14, 1990.
(F) Tehama County Air Pollution Control District.
(1) Rule 1.2, adopted April 25, 1989.
(2) Rule 3.12, adopted on April 25, 1989.
(185) New and amended regulations for the following APCD's were
submitted on May 30, 1991, by the Governor's designee.
(i) Incorporation by reference. (A) Kern County Air Pollution
Control District.
(1) Rules 410.6 and 410.6A, adopted on May 6, 1991.
(2) Rule 410.5, adopted on May 6, 1991.
(3) Rule 410.4A, adopted on May 6, 1991.
(4) Amended Rule 410.1, adopted on May 6, 1991.
(5) Amended Rules 414 and 414.1 and New Rule 414.5, adopted on May
6, 1991.
(6) Revised Rule 410.4, adopted on May 6, 1991.
(7) Rule 410.3 and Rule 412, adopted on May 6, 1991.
(8) [Reserved]
(9) Rule 410.7, adopted May 6, 1991.
(B) San Diego County Air Pollution Control District.
(1) Rule 67.2, adopted on May 21, 1991.
(2) Rule 67.7, adopted on May 21, 1991.
(3) [Reserved]
(4) Amended Rule 67.16, adopted on May 21, 1991.
(5) Rule 67.1, adopted on May 21, 1991.
(C) San Joaquin Valley Unified Air Pollution Control District.
(1) Rules 467.1 and 467.2, adopted on April 11, 1991.
(2) Rule 460.2, adopted on April 11, 1991.
(3) New Rule 460.1, adopted on April 11, 1991.
(4) New Rules 463.4, 464.1, and 464.2, adopted on April 11, 1991.
(5) New Rule 461.2, adopted on April 11, 1991.
(6) Amended Rules 465.3 and 466.1, adopted April 11, 1991.
(7) Previously approved on April 24, 1992 and now deleted without
replacement Rule 467.1.
(D) Placer County Air Pollution Control District.
(1) Amended Rule 215, adopted on September 25, 1990.
(186) New and amended regulations for the following APCDs were
submitted on October 25, 1991, by the Governor's designee.
(i) Incorporation by reference. (A) Sacramento Metropolitan Air
Quality Management District.
(1) Amended Rules 447 adopted April 30, 1991.
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 468.1, adopted on May 16, 1991.
(C) South Coast Air Quality Management District.
(1) Rule 1104, adopted March 1, 1991.
(D) Ventura County Air Pollution Control District.
(1) Rule 62.6, adopted on July 16, 1991.
(2) Rule 103, adopted on June 4, 1991.
(E) Santa Barbara County Air Pollution Control District.
(1) Rule 105 adopted on July 30, 1991.
(F) Northern Sierra Air Pollution Control District.
(1) Rules 302 to 312, adopted on November 10, 1988.
(187) New and amended regulations for the following APCDs were
submitted on January 28, 1992, by the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 463.1, adopted on September 19, 1991.
(2) Rule 460.2 adopted on September 19, 1991.
(3) New Rule 463.2, adopted on September 19, 1991.
(4) New Rule 460.4, adopted on September 19, 1991.
(5) Rule 461.1 and Rule 465.2, adopted on September 19, 1991.
(6) Rule 465.1, adopted on September 19, 1991.
(B) Ventura County Air Pollution Control District.
(1) New Rule 74.17, adopted on September 17, 1991.
(2) Rule 74.1, adopted on November 12, 1991.
(3) New rules 150 to 159 amended on September 17, 1991.
(4) Rules 26.A (``General''), 26.8 and 26.9 adopted on October 22,
1991.
[[Page 256]]
(5) Previously approved on October 4, 1994 in paragraph
(c)(187)(i)(B)(1) of this section and now deleted without replacement,
Rule 74.17.
(C) South Coast Air Quality Management District.
(1) Rule 1142, adopted on June 19, 1991.
(2) Rule 1135, adopted on July 19, 1991.
(3) Previously approved on December 13, 1994 and now deleted without
replacement for implementation in the Antelope Valley Air Pollution
Control District Rule 1142.
(D) San Diego County Air Pollution Control District.
(1) New rules 127, 128, and 130 amended on September 17, 1991.
(188) New and amended regulations for the following APCDs were
submitted on June 19, 1992, by the Governor's designee.
(i) Incorporation by reference. (A) Santa Barbara County Air
Pollution Control District.
(1) Rule 339, adopted on November 5, 1991.
(2) Rule 331, adopted on December 10, 1991.
(3) Rule 342, adopted on March 10, 1992.
(4) Rule 329, adopted on February 25, 1992.
(B) San Bernardino County Air Pollution Control District.
(1) Rule 1116, adopted on March 2, 1992.
(C) South Coast Air Quality Management District.
(1) Rule 1171, adopted on August 2, 1991.
(2) Rule 465, amended on November 1, 1991.
(D) Ventura County Air Pollution Control District.
(1) Rule 74.18, adopted on January 28, 1992.
(2) Rule 74.6, adopted on December 10, 1991.
(3) Rule 74.3, adopted on December 10, 1991.
(4) Rule 29 adopted on October 22, 1991.
(E) [Reserved]
(F) Sacramento Metropolitan Air Quality Management District.
(1) Rules 448 and 449 adopted on December 17, 1991.
(189) New and amended regulations for the following APCDs were
submitted on September 14, 1992, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 1115, adopted on March 6, 1992.
(2) Rule 1126, adopted on March 6, 1992.
(3) Rule 1128, adopted on February 7, 1992, and Rule 1141, adopted
on April 3, 1992.
(4) Rules 1125 and 1136, adopted on August 2, 1991.
(5) New Rule 1179, adopted March 6, 1992.
(6) Rule 109 adopted on March 6, 1992, and Rule 1106.1 adopted on
May 1, 1992.
(7) Rule 1141.1, adopted on November 4, 1983 and amended on March 6,
1992.
(8) Previously approved on December 20, 1993 in paragraph
(c)(189)(i)(A)(3) of this section and now deleted without replacement
for implementation in the Antelope Valley Air Quality Management
District Rule 1141.
(B) Ventura County Air Pollution Control District.
(1) Rule 71.1 and Rule 71.3, adopted on June 16, 1992.
(2) Rule 74.10, adopted on June 16, 1992.
(3) Rule 74.14, adopted on May 26, 1992.
(C) Bay Area Air Quality Management District.
(1) Rule 8-49, adopted on August 21, 1992.
(2) Regulation 9 Rule 1, amended on May 20, 1992.
(190) New and amended regulations for the following APCDs were
submitted on November 12, 1992, by the Governor's designee.
(i) Incorporation by reference. (A) Ventura County Air Pollution
Control District.
(1) Revised Rule 74.19, adopted August 11, 1992.
(2) Rule 74.2 revised on August 11, 1992.
(3) Rule 24 adopted on September 15, 1992.
(B) Bay Area Air Quality Management District.
(1) Rule 8-18, adopted on March 4, 1992.
[[Page 257]]
(C) El Dorado County Air Pollution Control District.
(1) Rule 1000 adopted on September 21, 1992.
(D) Feather River Air Pollution Control District.
(1) Rule 4.8 adopted on September 14, 1992.
(E) Kern County Air Pollution Control District.
(1) Rule 108.2 adopted on July 13, 1992.
(F) San Bernardino County Air Pollution Control District (now Mojave
Desert Air Quality Management District).
(1) Rule 107 adopted on September 14, 1992.
(G) Santa Barbara County Air Pollution Control District.
(1) Rule 212 adopted on October 20, 1992.
(191) New and amended regulations for the following APCDs were
submitted on January 11, 1993, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 1145, adopted on January 10, 1992.
(B) Santa Barbara County Air Pollution Control District.
(1) Rule 346, adopted on October 13, 1992.
(C) San Bernardino County Air Pollution Control District.
(1) Rule 463, adopted on November 2, 1992.
(D) Kern County Air Pollution Control District.
(1) Rule 412.1, adopted on November 9, 1992.
(192) New and amended regulations for the following APCDs were
submitted on April 6, 1993, by the Governor's designee.
(i) Incorporation by reference. (A) Sacramento Air Quality
Management District.
(1) Rule 456, adopted on February 23, 1993.
(2) Rule 454, adopted on February 23, 1993.
(3) Revised Rule 450, adopted February 23, 1993.
(193) New and amended regulations for the following APCDs were
submitted on May 13, 1993, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 1106, adopted on August 2, 1991; Rule 1107, adopted on
August 2, 1991; and Rule 1151, adopted on September 6, 1991.
(2) Rule 1130 adopted on March 6, 1992.
(3) Rule 1122, adopted on April 5, 1991.
(B) San Luis Obispo County Air Pollution Control District.
(1) Rule 417, adopted February 9, 1993.
(C) Butte County Air Pollution Control District.
(1) Rule 241, adopted on January 12, 1993.
(D) Glenn County Air Pollution Control District.
(1) Section 51, adopted on March 16, 1993.
(E) Ventura County Air Pollution Control District
(1) Rule 26.7 adopted on December 22, 1992.
(194) New and amended regulations for the following APCDs were
submitted on November 18, 1993, by the Governor's designee.
(i) Incorporation by reference. (A) Ventura County Air Pollution
Control District.
(1) Rule 70, adopted on May 4, 1993; Rule 71, adopted on June 8,
1993; and Rule 71.4, adopted on June 8, 1993.
(2) Rule 59, adopted on September 15, 1992.
(3) Rule 74.15.1, adopted on May 11, 1993.
(4) Rule 74.21, adopted on April 6, 1993.
(5) Rule 74.20, adopted on June 8, 1993.
(B) Kern County Air Pollution Control District.
(1) Rule 410.4, adopted on July 12, 1993.
(2) Rule 425, adopted on August 16, 1993.
(3) Previously submitted to EPA on June 28, 1982 and approved in the
Federal Register on May 3, 1984 and now removed without replacement,
Rule 425.
(4) Rule 424 adopted on April 19, 1993.
(C) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4603, adopted on May 20, 1993.
(2) Rule 4621, adopted on May 20, 1993.
(3) Rule 4802, adopted on May 21, 1992, and amended on December 17,
1992.
[[Page 258]]
(4) Rules 2031, 2070, 2080, and 2092 adopted on May 21, 1992 and
amended on December 17, 1992.
(5) Rule 4201, adopted on December 17, 1992.
(D) Santa Barbara County Air Pollution Control District.
(1) Rule 349, adopted on April 27, 1993.
(E) San Diego County Air Pollution Control District.
(1) Rule 67.12, adopted on April 6, 1993.
(2) Amended Rule 19, adopted April 6, 1993.
(F) Monterey Bay Unified Air Pollution Control District
(1) Rule 417, Rule 418, and Rule 427, adopted on August 25, 1993.
(2) Rule 425, adopted on August 25, 1993.
(3) Rule 420 and Rule 426, adopted on August 25, 1993.
(4) Previously submitted to EPA on February 6, 1975 and approved in
the Federal Register on July 13, 1987 and now removed without
replacement, Rule 428.
(5) Rule 300--Regulation 3, Part 4, Paragraph 4.4 adopted on June 9,
1993.
(G) Mendocino County Air Quality Management District.
(1) Rule 130 (p6), (t2), and (t3) adopted April 6, 1993.
(2) Rule 400(b) adopted on April 6, 1993.
(H) South Coast Air Quality Management District.
(1) Rule 403.1, adopted on January 15, 1993.
(I) Sacramento Metropolitan Air Quality Management District.
(1) Rule 105 adopted on April 20, 1993.
(J) Yolo-Solano Air Quality Management District.
(1) Rule 3.18 adopted on July 28, 1993.
(195) New and amended regulations for the following APCDs were
submitted on February 11, 1994, by the Governor's designee.
(i) Incorporation by reference. (A) San Diego Air Pollution Control
District.
(1) Rule 67.17, adopted on September 21, 1993.
(B) Ventura County Air Pollution Control District.
(1) Rule 74.22, adopted on November 9, 1993.
(2) Rule 59, adopted on October 12, 1993.
(196) New and amended regulations for the following APCDs were
submitted on March 29, 1994 by the Governor's designee.
(i) Incorporation by reference. (A) Sacramento Metropolitan Air
Quality Management District.
(1) Sacramento Metropolitan AQMD rules 442, 443, 446, 447, and 452
adopted on November 16, 1993.
(B) Ventura County Air Pollution Control District.
(1) Rule 74.9, adopted on December 21, 1993.
(2) Rule 15.1 adopted on October 12, 1993.
(C) Santa Barbara County Air Pollution Control District.
(1) Rule 316, adopted on December 14, 1993.
(2) Rules 325 & 326, adopted on January 25, 1994 and December 14,
1993, respectively.
(3) Rule 343, adopted on December 14, 1993.
(D) Yolo-Solano Air Quality Management District.
(1) Rule 3.2, adopted on August 25, 1993; and rules 3.14 and 3.15,
adopted on September 22, 1993.
(E) Monterey Bay Unified Air Pollution Control District.
(1) Rule 213, amended on February 16, 1994.
(F) [Reserved]
(4) Rule 401, adopted on April 18, 1972 and amended on November 29,
1993.
(197) New and amended regulations for the following APCDs were
submitted on May 24, 1994, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rules 1162, 1173, 1175 and 1176, adopted on May 13, 1994.
(2) Rule 463, adopted on March 11, 1994.
(B) Bay Area Air Quality Management District.
(1) Rule 8-6, adopted on February 2, 1994. Rule 8-5, adopted on
January 20, 1993.
(C) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4622, adopted on February 17, 1994.
(2) Rule 4681, adopted on December 16, 1993.
[[Page 259]]
(3) Rules 4302 and 4303, adopted on May 21, 1992 and amended on
December 16, 1993.
(4) Rule 4103, adopted on December 16, 1993.
(5) Rule 1081, originally adopted on April 11, 1991 and amended on
December 16, 1993.
(6) Rule 2050, ``Cancellation of Application,'' adopted on May 21,
1992 and amended on December 16, 1993.
(D) Ventura County Air Pollution Control District.
(1) Rule 74.24, adopted on March 8, 1994.
(2) Rule 56, adopted on October 22, 1968, as amended on March 29,
1994.
(E) El Dorado County Air Pollution Control District.
(1) Rules 501, 523, 524, and 525 adopted on April 26, 1994.
(198) New and amended regulations for the following APCDs were
submitted on July 13, 1994, by the Governor's designee.
(i) Incorporation by reference. (A) Bay Area Air Quality Management
District.
(1) Revised Rule 8-8, adopted on June 15, 1994.
(B) Placer County Air Pollution Control District.
(1) Rule 230, adopted on June 28, 1994.
(2) Rule 229, adopted on June 28, 1994.
(C) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4407, adopted on May 19, 1994.
(2) Rule 4682 adopted on June 16, 1994 and Rule 4684 adopted on May
19, 1994.
(3) Rule 4607, adopted on May 19, 1994.
(D) Sacramento Metropolitan Air Quality Management District.
(1) Rule 458, adopted on June 7, 1994.
(E) Mojave Desert Air Quality Management District.
(1) Rules 461 and 462, adopted on May 25, 1994.
(2) Rule 1117 adopted June 22, 1994.
(F) Monterey Bay Unified Air Pollution Control District.
(1) Rule 430, adopted on May 25, 1994.
(2) Rule 416, adopted April 20, 1994.
(G) [Reserved]
(H) South Coast Air Quality Management District.
(1) Rule 1146 and Rule 1146.1, adopted May 13, 1994.
(I) San Diego County Air Pollution Control District.
(1) Rule 67.10, adopted on June 15, 1994.
(2) Rule 60 adopted on May 17, 1994.
(J) Ventura County Air Pollution Control District.
(1) Rule 74.28, adopted on May 10, 1994.
(2) Rule 74.30 adopted May 17, 1994.
(3) Rule 64, amended June 14, 1994.
(4) Rule 54, amended on June 14, 1994.
(K) Santa Barbara County Air Pollution Control District.
(1) Rule 354, adopted June 28, 1994.
(2) Rule 359, adopted on June 28, 1994.
(199) New and amended regulations for the following APCDs were
submitted on September 28, 1994 by the Governor's designee.
(i) Incorporation by reference. (A) Bay Area Air Quality Management
District.
(1) Regulation 8, Rules 11 and 16 adopted on June 15, 1994, and
Regulation 8, Rule 28 adopted on June 1, 1994.
(2) Regulation 8, Rules 14 and 43 adopted on June 1, 1994, and
regulation 8, Rules 13, 23, 47 adopted on June 15, 1994.
(3) Rules 8-25 and 8-42, adopted on June 1, 1994 and Rule 8-50,
adopted on June 15, 1994.
(4) Rule 8-22, adopted on June 1, 1994.
(5) Rules 8-29, 8-33, and 8-39, adopted on June 1, 1994, and Rules
8-19 and 8-38, adopted on June 15, 1994.
(6) Rules 8-4, 8-7, 8-15, 8-31, and 8-41 adopted on June 1, 1994.
Rules 8-1, 8-2, 8-12, 8-20, 8-24, 8-30, 8-34, 8-35, and 8-40 adopted on
June 15, 1994. Rule 8-32 adopted on July 6, 1994.
(7) [Reserved]
(8) Regulation 2, Rule 2 and Rule 4 adopted on June 15, 1994.
(B) San Luis Obispo County Air Pollution Control District.
(1) Rule 419, adopted July 12, 1994.
(C) Monterey Bay Unified Air Pollution Control District.
(1) Rules 433 and 434, adopted June 15, 1994.
(D) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4352, adopted on September 14, 1994.
(2) Rule 4354, adopted on September 14, 1994.
(3) Rules 6010, 6020, 6040, 6050, 6060, 6070, 6080, 6081, 6090,
6100, 6110, 6120, 6130, 6140, and 6150 were adopted on May 21, 1992;
amended on December 17, 1992.
(4) Rule 4301, adopted on May 21, 1992, as amended on December 17,
1992.
[[Page 260]]
(5) Rule 1010 adopted on June 18, 1992 and Rule 1130 adopted on June
18, 1992 and amended on December 17, 1992.
(6) Rules 1110, 1140, 1150, 2010, and 2040 amended on December 17,
1992.
(7) Rule 4202, adopted on December 17, 1992.
(8) Rule 1080, originally adopted on June 18, 1992 and amended on
December 17, 1992.
(9) Previously approved on June 3, 1999 in paragraph
(c)(199)(i)(D)(6) of this section and now deleted without replacement
Rule 2040.
(E) Yolo-Solano Air Quality Management District.
(1) Rule 2.34, adopted on July 13, 1994.
(2) Rule 2.32 adopted on August 10, 1994.
(200) Program elements were submitted on November 13, 1992 by the
Governor's designee.
(i) Incorporation by reference. (A) Small Business Stationary Source
Technical and Environmental Compliance Assistance Program, adopted on
October 15, 1992.
(201) A plan for the following agency was submitted on November 7,
1994 by the Governor's designee.
(i) Incorporation by reference. (A) California Air Resources Board.
(1) California's Opt-out Program, Executive Order G-125-145, dated
November 7, 1994.
(202) New and amended regulations for the following APCDs were
submitted on October 19, 1994, by the Governor's designee.
(i) Incorporation by reference. (A) Bay Area Air Quality Management
District.
(1) Rule 2-1-249, adopted on June 15, 1994.
(B) Kern County Air Pollution Control District.
(1) Rule 425.3, adopted on October 13, 1994.
(2) Rule 425.1 adopted on October 13, 1994.
(C) San Diego County Air Pollution Control District. (1) Rule 67.4,
adopted on September 27, 1994.
(2) Rule 67.16, adopted on September 20, 1994.
(3) Rule 69.2, adopted on September 27, 1994.
(4) Rule 68, adopted on September 20, 1994.
(5) Rule 69.4, adopted on September 27, 1994.
(6) Rule 69.3, adopted on September 27, 1994.
(D) Mojave Desert Air Quality Management District.
(1) Rule 464, adopted August 24, 1994.
(E) Placer County Air Pollution Control District.
(1) Rule 250, adopted on October 17, 1994.
(2) Rule 233, adopted on October 6, 1994.
(F) Yolo-Solano Air Quality Management District.
(1) Rule 3.1, adopted on February 23, 1994.
(2) Previously approved on July 7, 1997 in paragraph
(c)(202)(i)(F)(1) of this section and now deleted without replacement
Rule 3.1, paragraphs 403 and 406.
(203) New and amended regulations for the following APCDs were
submitted on October 20, 1994, by the Governor's designee.
(i) Incorporation by reference. (A) El Dorado County Air Pollution
Control District.
(1) Rule 233 adopted on October 18, 1994.
(2) Rule 229 adopted on September 27, 1994.
(204) New and amended plans and regulations for the following
agencies were submitted on November 15, 1994, by the Governor's
designee.
(i) Incorporation by reference. (A) California Air Resources Board.
(1) Title 17, California Code of Regulations, Subchapter 8.5,
Consumer Products, Article 1, Antiperspirants and Deodorants, Sections
94500-94506.5 and Article 2, Consumer Products, Sections 94507-94517,
adopted on December 27, 1990, August 14, 1991, and September 21, 1992.
(2) Title 13, California Code of Regulations, Diesel Fuel
Regulations, Sections 2281-2282, adopted on August 22, 1989, June 21,
1990, April 15, 1991, October 15, 1993, and August 24, 1994.
(3) Title 13, California Code of Regulations, Reformulated Gasoline
Regulations, Sections 2250, 2252, 2253.4, 2254, 2257, 2260, 2261,
2262.1, 2262.2, 2262.3, 2262.4, 2262.5, 2262.6, 2262.7, 2263, 2264,
2266-2272, and 2296, 2297, adopted on
[[Page 261]]
April 1, 1991, May 23, 1991, and September 18, 1992.
(4) Long Term Measures, Improved Control Technology for Light-Duty
Vehicles (Measure M2), Off-Road Industrial Equipment (Diesel), Consumer
Products Long-Term Program (Measure CP4), and Additional Measures
(Possible Market-Incentive Measures and Possible Operational Measures
Applicable to Heavy-Duty Vehicles), as contained in ``The California
State Implementation Plan for Ozone, Volume II: The Air Resources
Board's Mobile Source and Consumer Products Elements,'' adopted on
November 15, 1994.
(5) Mid-Term Measures, Accelerated Ultra-Low Emission Vehicle (ULEV)
requirement for Medium-Duty Vehicles (Measure M3), Heavy-Duty Vehicles
NOX regulations (Measure M5), Heavy-Duty Gasoline Vehicles
lower emission standards (Measure M8), Industrial Equipment, Gas & LPG--
3-way catalyst technology (Measure M11), Mid-Term Consumer Products
(Measure CP-2), as contained in The California State Implementation Plan
for Ozone, Volume II: The Air Resources Board's Mobile Source and
Consumer Products Elements, adopted on Nov. 15, 1994.
(6) State control measures: Accelerated Retirement of LDV's (Measure
M1), Early Introduction of 2g/bhp-hr Heavy Duty Diesel Vehicles (Measure
M4), Accelerated Retirement of Heavy-Duty Vehicles (Measure M7), Aerosol
Paints (Measure CP3), and California Department of Pesticide
Regulation's Pesticide Plan, as contained in ``The California State
Implementation Plan for Ozone, Volume II: The Air Resources Board's
Mobile Source and Consumer Products Elements,'' adopted on November 15,
1994, and tables of local agency control measures and revisions to local
Rate-of-Progress plan elements as contained in ``The California State
Implementation Plan for Ozone, Volume IV: ``Local Plans,'' adopted on
November 15, 1994.
(7) Previously approved on August 21, 1995, in paragraph
(c)(204)(i)(A)(3) of this section, and now deleted without replacement:
Title 13, California Code of Regulations, Reformulated Gasoline
Regulations, sections 2262.1, 2262.2, and 2262.7.
(B) South Coast Air Quality Management District.
(1) Long Term Measures, Advance Technology for Coating Technologies
(Measure ADV-CTS-01), Advance Technology for Fugitives (Measure ADV-
FUG), Advance Technologies for Process Related Emissions (Measure ADV-
PRC), Advance Technologies for Unspecified Stationary Sources (Measure
ADV-UNSP), and Advance Technology for Coating Technologies (Measure ADV-
CTS-02), as contained in the ``1994 Air Quality Management Plan,''
adopted on September 9, 1994.
(2) Control measures, emissions inventory, modeling, and ozone
attainment demonstration, as contained in ``1994 Air Quality Management
Plan,'' adopted on September 9, 1994.
(C) San Diego Air Pollution Control District.
(1) Emissions inventory, 15% Rate-of-Progress plan, Post-1996 Rate-
of-Progress plan, modeling, and ozone attainment demonstration, as
contained in ``1994 Ozone Attainment and Rate-of-Progress Plans for San
Diego County,'' adopted on November 1, 1994.
(D) San Joaquin Valley Unified Air Pollution Control District.
(1) Control measures, emissions inventory, 15% Rate-of-Progress
plan, Post-1996 Rate-of-Progress plan, modeling, and ozone attainment
demonstration, as contained in ``San Joaquin Valley Attainment and Rate-
of-Progress Plans,'' adopted on November 14, 1994.
(E) Ventura County Air Pollution Control District.
(1) Control measures, emissions inventory, 15% Rate-of-Progress
plan, Post-1996 Rate-of-Progress plan, modeling, and ozone attainment
demonstration, as contained in ``1994 Air Quality Management Plan for
Ventura County,'' adopted on November 8, 1994.
(F) Mojave Desert Air Quality Management District.
(1) Control measures, emissions inventory, modeling, and ozone
attainment demonstration, as contained in ``Rate-of-Progress and
Attainment Demonstration Plans for the Mojave Desert,'' adopted on
October 26, 1994.
(205) New and amended plans for the following APCDs were submitted
on
[[Page 262]]
December 28, 1994, by the Governor's designee.
(i) Incorporation by reference. (A) Kern County Air Pollution
Control District.
(1) Emissions inventory, modeling, and ozone attainment
demonstration, as contained in ``Rate-of-Progress and Attainment
Demonstration Plans for the Kern County Air Pollution Control
District,'' adopted on December 1, 1994.
(B) Bay Area Air Quality Management District.
(1) Amendments to the San Francisco Bay Area Redesignation Request
and Maintenance Plan for the National Ozone Standard and 1990 Emissions
Inventory adopted on September 7, 1994 by the Bay Area Air Quality
Management District, October 5, 1994 by the Metropolitan Transportation
Commission, and August 24, 1994 by the Association of Bay Area
Governments.
(2) Federal General Conformity Regulation, adopted on September 7,
1994.
(206) Amended rule for the following APCD was submitted on November
23, 1994, by the Governor's designee.
(i) Incorporation by reference. (A) San Diego County Air Pollution
Control District.
(1) Rule 67.3, adopted on November 1, 1994.
(207) New and amended regulations for the following APCDs were
submitted on November 30, 1994, by the Governor's designee.
(i) Incorporation by reference. (A) Placer County Air Pollution
Control District.
(1) Rule 223, adopted on October 6, 1994.
(2) Rules 101, 102, 103, 201, 202, 203, 204, 208, 209, 210, 211,
213, 214, 217, 219, 220, 221, 222, 225, 226, 228, 406, 407, and 408,
adopted on October 19, 1993; deletion of 104 for Lake Tahoe Air Basin
and Mountain Counties Air Basin submitted on 08/21/ 79 and 10/15/79,
respectively.
(B) El Dorado County Air Pollution Control District.
(1) Rule 224, adopted on September 27, 1994.
(2) Rule 231, adopted September 27, 1994.
(3) Rule 215, adopted on September 27, 1994.
(4) Rules 225 and 230 adopted September 27, 1994.
(5) Rule 502, adopted on November 8, 1994.
(C) Yolo-Solano Air Quality Management District.
(1) Rule 2.21, adopted on March 23, 1994.
(2) Rule 2.28, adopted on May 25, 1994.
(3) Rules 2.25 and 2.33, adopted April 27, 1994 and September 14,
1994, respectively.
(4) Rule 2.13 adopted May 25, 1994.
(5) Rule 2.35, adopted on September 14, 1994.
(6) Rule 2.29, adopted on May 25, 1994.
(7) Rule 2.31, adopted on April 27, 1994.
(8) Rule 2.23 adopted on March 23, 1994.
(D) Mojave Desert Air Quality Management District.
(1) Rule 1102, adopted October 26, 1994.
(2) Rule 1104 adopted September 28, 1994.
(3) Rule 1157 and Rule 1160, adopted on October 26, 1994.
(E) Monterey Bay Unified Air Pollution Control District.
(1) Rule 419, adopted on November 23, 1994.
(2) Appendix G General Conformity, adopted on October 19, 1994.
(F) Great Basin Unified Air Pollution Control District.
(1) Regulation XIII, adopted on October 5, 1994.
(G) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 9110, adopted on October 20, 1994.
(H) Santa Barbara County Air Pollution Control District.
(1) Rule 702, adopted on October 20, 1994.
(I) South Coast Air Quality Management District.
(1) Rule 1901, adopted on September 9, 1994.
(208) New and amended regulations for the following APCDs were
submitted on December 19, 1994, by the Governor's designee.
(i) Incorporation by reference. (A) Placer County Air Pollution
Control District.
(1) Rule 410, adopted on November 3, 1994.
(2) Rule 212, adopted on November 3, 1994.
[[Page 263]]
(209) Redesignation Request and Ozone Maintenance Plan for the
redesignation of the Monterey Bay Unified Air Pollution Control District
submitted on July 14, 1994 and November 14, 1994, respectively, by the
Governor's designee.
(i) Incorporation by reference. (A) Maintenance Plan for the
redesignation of the Monterey Bay Area adopted on October 19, 1994 by
the Monterey Bay Unified Air Pollution Control District, October 12,
1994 by the Association of Monterey Bay Area Governments, and October 6,
1994 by the Council of San Benito County Governments.
(210) New and amended regulations for the following APCDs were
submitted on December 22, 1994 by the Governor's designee.
(i) Incorporation by reference. (A) Bay Area Air Quality Management
District.
(1) Rule 8-45, adopted on November 2, 1994.
(B) San Diego County Air Pollution Control District.
(1) Rule 67.18, adopted on December 13, 1994.
(C) Mojave Desert Air Quality Management District.
(1) Rule 1103, adopted on December 21, 1994.
(2) Rule 471, adopted on December 21, 1994.
(D) Monterey Bay Unified Air Pollution Control District.
(1) Rule 1002, adopted on November 23, 1994.
(E) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4651, adopted on December 17, 1992.
(F) Feather River Air Quality Management District.
(1) Rule 10.4, adopted on November 7, 1994.
(G) Placer County Air Pollution Control District.
(1) Rule 508, adopted on November 3, 1994.
(H) Sacramento Metropolitan Air Quality Management District.
(1) Rule 104, adopted on November 3, 1994.
(211) Revised Clean Air Plans for ozone for the following APCDs
submitted on November 14, 1994, by the Governor's designee.
(i) Incorporation by reference. (A) Santa Barbara Air Pollution
Control District
(1) TCM-5, Improve Commuter Public Transit Service, adopted on
November 2, 1994
(2) Emissions inventory, 15% Rate-of-Progress plan, and control
measures, as contained in ``1994 Clean Air Plan for Santa Barbara
County,'' adopted on November 2, 1994.
(212) Ozone redesignation request for the Bay Area Air Quality
Management District submitted on November 5, 1993, by the Governor's
designee.
(i) Incorporation by reference. (A) Redesignation request for the
San Francisco Bay Area and the Ozone Maintenance Plan for the National
Ozone Standard adopted on September 1, 1993 by the Bay Area Air Quality
Management District, September 22, 1993 by the Metropolitan
Transportation Commission, and September 16, 1993 by the Association of
Bay Area Governments.
(213) California Statewide emission inventory submitted on March 30,
1995, by the Governor's designee.
(i) Incorporation by reference. (A) California Air Resources Board.
(1) 1990 Base-Year Emission Inventory for Ozone Nonattainment Areas
in California.
(i) Sacramento, San Diego, San Joaquin Valley, South Coast,
Southeast desert, Ventura.
(ii) Santa Barbara.
(iii) Monterey Bay Area.
(214) New and amended regulations for the following APCDs were
submitted on January 24, 1995, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 1151, adopted on December 9, 1994.
(B) San Diego County Air Pollution Control District.
(1) Rule 61.1 adopted on January 10, 1995.
(C) Santa Barbara County Air Pollution Control District.
(1) Rule 337, adopted October 20, 1994.
(2) Rule 344, adopted on November 10, 1994.
(3) Rule 337, ``Surface Coating of Aerospace Vehicles and
Components,'' revised on June 21, 2012.
[[Page 264]]
(D) Ventura County Air Pollution Control District.
(1) Rule 74.15, adopted on November 8, 1994.
(2) Rule 74.26 and Rule 74.27, adopted on November 8, 1994.
(E) Placer County Air Pollution Control District.
(1) Rule 215, adopted on November 3, 1994.
(215) New and amended regulations for the following APCDs were
submitted on February 24, 1995, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rules 1125 and 1126, adopted on January 13, 1995.
(2) Rule 1153 adopted on January 13, 1995.
(3) Rule 1106, adopted on January 13, 1995.
(4) Rule 1164, adopted on January 13, 1995.
(5) Rule 1124, adopted January 13, 1995.
(6) Previously approved on July 14, 1995 and now deleted without
replacement for implementation in the Antelope Valley Air Pollution
Control District Rule 1106.
(7) Previously approved on June 13, 1995 in paragraph
(c)(215)(i)(A)(1) of this section and now deleted without replacement
for implementation in the Antelope Valley Air Quality Management
District Rules 1125 and 1126.
(B) Ventura County Air Pollution Control District.
(1) Rule 74.12 adopted on January 10, 1995.
(2) Rule 71 and Rule 71.5, adopted on December 13, 1994.
(3) Rule 74.18 adopted December 13, 1994.
(C) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4403, adopted on February 16, 1995.
(D) Yolo-Solano Air Pollution Control District.
(1) Rule 2.26 adopted November 9, 1994.
(2) Rule 2.37 adopted on November 9, 1994.
(E) Imperial County Air Pollution Control District.
(1) Rule 925, adopted on November 29, 1994.
(F) Monterey Bay Unified Air Pollution Control District.
(1) Rule 421 adopted on December 21, 1994.
(216) New and amended regulations for the following APCDs were
submitted on March 31, 1995, by the Governor's designee.
(i) Incorporation by reference. (A) Mojave Desert Air Quality
Management District.
(1) Rule 1116, adopted on February 22, 1995.
(2) Rule 221, adopted December 21, 1994.
(3) Rule 1159, adopted on February 22, 1995.
(4) Rule 1114 adopted February 22, 1995.
(B) Bay Area Air Quality Management District.
(1) Amended Regulation 2, Rule 1, Section 129 adopted on February 1,
1995; Amended Regulation 2, Rule 6, Sections 232, 234, 310, 311, 403,
404, 420, 421, 422, 423 adopted on February 1, 1995.
(217) New and amended regulations for the following APCDs were
submitted on February 28, 1994, by the Governor's designee.
(i) Incorporation by reference. (A) Bay Area Air Quality Management
District.
(1) Amended Regulation 2, Rule 1, Sections 102, 129, 204, 213, 214,
215, 216, 217, 218, 219, 302, 408, 411 adopted November 3, 1993; and New
Regulation 2, Rule 6, Sections 206, 207, 210, 212, 213, 214, 218, 222,
230, 231, 301, 311, 401, 402, 403, 404, 420, 421, 422, 602 adopted
November 3, 1993.
(B) Lake County Air Pollution Control District.
(1) New Regulation 12, section 12.200 (a4), (c2), (d1), (d2), (d3),
(e3), (f1), (f2), (m1), (o1), (p1), (p2), (s3), and sections 12.800-
12.850, adopted October 19, 1993.
(C) South Coast Air Quality Management District.
(1) Rules 204, 206, and 210 amended on October 8, 1993.
(218) New and amended regulations for the Bay Area Air Quality
Management District were submitted on April 29, 1994 by the Governor's
designee.
(i) Incorporation by reference. (A) New Regulation 2, Rule 6,
Sections 310 and 423 adopted November 3, 1993.
[[Page 265]]
(219) New and amended regulations for the following APCDs were
submitted on April 13, 1995, by the Governor's designee.
(i) Incorporation by reference. (A) Santa Barbara County Air
Pollution Control District.
(1) Rule 339, adopted December 15, 1994.
(220) New and amended regulations for the following APCDs were
submitted on May 24, 1995, by the Governor's designee.
(i) Incorporation by reference. (A) Santa Barbara County Air
Pollution Control District.
(1) Rule 323, adopted March 16, 1995.
(B) Placer County Air Pollution Control District.
(1) Rule 218, adopted on February 9, 1995.
(2) Rule 236 adopted on February 9, 1995.
(3) Rule 244, adopted on February 9, 1995.
(C) South Coast Air Quality Management District.
(1) Rule 1121, adopted on March 10, 1995.
(D) San Diego County Air Pollution Control District.
(1) Rule 1501, adopted on March 7, 1995.
(E) Ventura County Air Pollution Control District.
(1) Rule 34 adopted on March 14, 1995.
(221) New and amended regulations for the following APCDs were
submitted on May 25, 1995 by the Governor's designee.
(i) Incorporation by reference. (A) Kern County Air Pollution
Control District.
(1) Rule 411 and Rule 413, adopted on April 6, 1995.
(2) Rule 410.4, adopted on April 6, 1995.
(3) Rule 425.2, adopted on April 6, 1995.
(B) Butte County Air Quality Management District.
(1) Rule 1103, adopted on February 16, 1995.
(222) New and amended regulations for the following APCDs were
submitted on June 16, 1995, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rules 1107, 1115, and 1171 adopted on May 12, 1995.
(2) Previously approved on July 14, 1995 and now deleted without
replacement for implementation in the Antelope Valley Air Pollution
Control District Rule 1115.
(B) El Dorado County Air Pollution Control District.
(1) Rule 234, adopted on April 25, 1995.
(C) Sacramento Metropolitan Air Quality Management District.
(1) Rule 411, adopted on February 2, 1995.
(2) Rule 413, adopted on April 6, 1995.
(3) Rule 412, adopted on June 1, 1995.
(D) San Diego County Air Pollution Control District.
(1) Rule 67.24, adopted on March 7, 1995.
(E) Butte County Air Quality Management District.
(1) Rule 403, adopted on November 9, 1993.
(223) Revised ozone transportation control measure (TCM) for the San
Joaquin Valley submitted on March 2, 1995, by the Governor's designee.
(i) Incorporation by reference. (A) Railroad Grade Separations TCM,
adopted on September 14, 1994.
(224) New and amended regulations for the following APCDs were
submitted on August 10, 1995, by the Governor's designee.
(i) Incorporation by reference. (A) Sacramento Metropolitan Air
Quality Management District.
(1) Rule 448 and rule 449, adopted on February 2, 1995.
(B) Ventura County Air Pollution Control District.
(1) Rule 70, adopted on May 9, 1995.
(2) Rule 220, adopted on May 9, 1995.
(3) Rule 74.5.2, adopted on May 5, 1995.
(C) Mojave Desert Air Quality Management District.
(1) Rules 1400, 1401, 1402, 1404. Adopted on June 28, 1995.
(2) Rule 103 amended on June 28, 1995.
(D) Monterey Bay Unified Air Pollution Control District.
(1) Rule 436, adopted on May 17, 1995.
(E) Santa Barbara County Air Pollution Control District.
(1) Amended Rule 370 adopted on June 15, 1995.
[[Page 266]]
(225) New and amended regulations for the following APCDs were
submitted on October 13, 1995 by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rules 1130 and 1136 adopted September 8, 1995.
(2) Rule 462, revised on June 9, 1995.
(3) Rule 1166, adopted on July 14, 1995.
(4) Rule 1149, adopted on December 4, 1987 and amended on July 14,
1995.
(B) Placer County Air Pollution Control District.
(1) Rule 238, adopted June 8, 1995.
(2) Rule 212, adopted on June 8, 1995.
(3) Rule 239, revised June 8, 1995.
(4) Rule 235, adopted on June 8, 1995.
(5) Rule 216 adopted on June 8, 1995.
(C) El Dorado County Air Pollution Control District.
(1) Rules 236 and 237, adopted on July 25, 1995 and June 27, 1995,
respectively.
(2) Rule 235 adopted on June 27, 1995.
(3) Rule 520 adopted on June 27, 1995.
(D) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4602, adopted June 15, 1995.
(E) Monterey Bay Unified Air Pollution Control District.
(1) Rule 431, adopted on August 16, 1995.
(F) Santa Barbara County Air Pollution Control District.
(1) Rule 330, adopted on April 21, 1995.
(G) Ventura County Air Pollution Control District.
(1) Rule 74.15.1 revised on June 13, 1995.
(2) Rules 10, 11, 12, 13, 14, 15 and 16 adopted on June 13, 1995.
(H) Mohave Desert Air Quality Management District.
(1) Rule 222, adopted on July 31, 1995.
(226) Air Quality Management Plan for the following APCD was
submitted on September 11, 1991, by the Governor's designee.
(i) Incorporation by reference. (A) Great Basin Unified Air
Pollution Control District.
(1) Air Quality Management Plan for the Mammoth Lakes PM-10 Planning
Area adopted December 12, 1990.
(227) New regulation for the following APCD was submitted on October
18, 1995, by the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 2530, adopted on June 15, 1995.
(228) Air Quality Management Plans for the following APCD were
submitted on January 9, 1992, by the Governor's designee.
(i) Incorporation by reference. (A) Great Basin Unified Air
Pollution Control District.
(1) Revisions to the Air Quality Management Plan for Mammoth Lakes
PM-10 Planning Area adopted November 6, 1991.
(i) Rule 431 adopted November 6, 1991.
(ii) Town of Mammoth Lakes Municipal Code Chapter 8.30 dated October
2, 1991.
(229) New and amended regulations for the following APCDs were
submitted on January 31, 1996, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 461, adopted on September 8, 1995.
(2) Rule 701, adopted on September 9, 1995.
(230) New and amended regulations for the following APCDs were
submitted on March 26, 1996, by the Governors designee.
(i) Incorporation by reference. (A) Ventura County Air Pollution
Control District.
(1) Rule 74.7, adopted on October 10, 1995.
(2) Rule 74.23, adopted on October 10, 1995.
(3) Rule 74.29, adopted on October 10, 1995.
(B) South Coast Air Quality Management District.
(1) Rule 1134, adopted on December 7, 1995.
(2) Rule 102 amended on November 17, 1995.
(C) Kern County Air Pollution Control District.
(1) Rule 427, adopted on January 25, 1996.
(2) Rule 427 adopted on July 2, 1998.
(D) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4352, amended on October 19, 1995.
[[Page 267]]
(2) Rule 4304 adopted on October 19, 1995.
(3) Rule 4351 adopted on October 19, 1995.
(E) Butte County Air Quality Management District.
(1) Rule 422, adopted on September 18, 1990.
(2) Previously approved on May 2, 2001 in paragraph
(c)(230)(i)(E)(1) of this section and now deleted without replacement
Rule 422.
(231) New and amended regulations for the following APCDs were
submitted on May 10, 1996, by the Governor's designee.
(i) Incorporation by reference. (A) Monterey Bay Unified APCD.
(1) Rules 207 and 215, adopted on March 20, 1996.
(B) Kern County Air Pollution Control District.
(1) Rule 102 and Rule 410.3, adopted on March 7, 1996.
(2) Rule 410.1, Rule 410.5, Rule 411, and Rule 414.5 amended on
March 7, 1996.
(3) Rule 414, adopted on March 7, 1996.
(4) Rule 410.4A, adopted on May 6, 1991 and amended on March 7, 1996
and Rule 410.7, adopted on June 29, 1981 and amended on March 7, 1996.
(5) [Reserved]
(6) Rule 410.4, adopted on June 26, 1979 and amended on March 7,
1996.
(7) Rules 413 adopted on April 18, 1972 and Rule 414.1 adopted on
January 9, 1979, both amended on March 7, 1996.
(C) Mojave Desert Air Quality Management District.
(1) Rule 2002, adopted on October 26, 1994.
(D) Butte County Air Quality Management District.
(1) Rule 1105, adopted on February 15, 1996.
(E) Great Basin Unified Air Pollution Control District.
(1) Rules 218 and 219, adopted on December 4, 1995.
(232) New regulations for the following APCD were submitted on March
21, 1994, by the Governor's designee:
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Regulation XX, adopted October 15, 1993.
(2) Previously approved on November 8, 1996 now deleted without
replacement for implementation in the Antelope Valley Air Pollution
Control District, Regulation XX.
(233) New and amended plans for the following agencies were
submitted on December 29, 1994, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) 15% Rate-of-Progress plan and Post-1996 Rate-of-Progress plan
for the Los Angeles-South Coast Air Basin Area, as contained in the
``Rate-of-Progress Plan Revision: South Coast Air Basin & Antelope
Valley & Coachella/San Jacinto Planning Area,'' adopted on December 9,
1994.
(B) Sacramento Metropolitan Air Quality Management District.
(1) Emissions inventory, Post-1996 Rate-of-Progress plan, modeling,
and ozone attainment demonstration, as contained in ``Sacramento Area
Attainment and Rate-of-Progress Plans,'' adopted by Sacramento
Metropolitan Air Quality Management District on December 1, 1994; by
Feather River Air Quality Management District on December 12, 1994; by
El Dorado County Air Pollution Control District on December 13, 1994; by
Yolo-Solano Air Pollution Control District on December 14, 1994; and by
Placer County Air Pollution Control District on December 20, 1994.
(234) The California Vehicle Inspection and Maintenance Program was
submitted on January 22, 1996, by the Governor's designee.
(i) Incorporation by reference. (A) California Air Resources Board.
(1) Motor Vehicle Inspection and Maintenance Program adopted on
January 22, 1996.
(i) Health and Safety Code: Division 26, Part 5 Sec. 39032.5;
Chapter 5. Motor Vehicle Inspection Program, Article 1, Article 2,
Article 3, Article 4, Article 5, Article 6, Article 7, Article 8,
Article 9.
(ii) Business and Professions Code, Chapter 20.3, Automotive Repair,
Article 4, Sec. 9886, Sec. 9886.1, Sec. 9886.2, Sec. 9886.4.
(iii) Vehicle Code Sec. 4000.1, Sec. 4000.2, Sec. 4000.3,
Sec. 4000.6.
[[Page 268]]
(iv) Title 16, California Code or Regulations, Division 33, Bureau
of Automotive Repair, Article 5.5, Motor Vehicle Inspection Program,
Sec. 3340.1, Sec. 3340.5, Sec. 3340.6, Sec. 3340.10, Sec. 3340.15,
Sec. 3340.16, Sec. 3340.16.5, Sec. 3340.16.6, Sec. 3340.17,
Sec. 3340.18, Sec. 3340.22, Sec. 3340.22.1, Sec. 3340.22.2,
Sec. 3340.22.3, Sec. 3340.23, Sec. 3340.24, Sec. 3340.28, Sec. 3340.29,
Sec. 3340.30, Sec. 3340.31, Sec. 3340.32, Sec. 3340.32.1, Sec. 3340.33,
Sec. 3340.33.1, Sec. 3340.35, Sec. 3340.35, Sec. 3340.36, Sec. 3340.41,
Sec. 3340.41.3, Sec. 3340.41.5, Sec. 3340.42, Sec. 3340.42.1.,
Sec. 3340.50, Sec. 3340.50.1, Sec. 3340.50.3, Sec. 3340.50.4,
Sec. 3340.50.5.
(2) Previously approved on January 8, 1997, in paragraph
(234)(i)(A)(1)(i) of this section, and now deleted without replacement:
Health and Safety Code: Division 26, Part 5, Chapter 5 (Motor Vehicle
Inspection Program), Article 1, sections 44001.6, 44001.7, 44003.1,
44006; Article 2, sections 44015.3, 44022, 44023; Article 3, section
44031; Article 8, sections 44081.5, 44082, 44083.
(3) Previously approved on January 8, 1997, in paragraph
(234)(i)(A)(1)(iv) of this section, and now deleted without replacement:
Title 16, California Code of Regulations, Division 33, Bureau of
Automotive Repair, Article 5.5, Motor Vehicle Inspection Program,
sections 3340.16.6, 3340.42.1.
(235) New and amended regulations for the following APCD were
submitted on December 10, 1993, by the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 4901, adopted on July 15, 1993.
(236) New and amended plans for the following agencies were
submitted on June 13, 1996, by the Governor's designee.
(i) Incorporation by reference. (A) California Air Resources Board.
(1) Letter dated June 13, 1996, from James D. Boyd to David
Howekamp, including ``Corrections to State and Local Measures''
(Attachment A) and ``Summary Emission Reduction Spreadsheets''
(Attachment C).
(237) New and amended plans for the following agencies were
submitted on July 10, 1996, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Revised rule adoption schedule, adopted on April 12, 1996.
(238) New and amended plans for the following agencies were
submitted on July 12, 1996, by the Governor's designee.
(i) Incorporation by reference. (A) Ventura County Air Pollution
Control District.
(1) ``Revised Rule Adoption and Implementation Schedule'' (Table 4-
2) and ``Architectural Coatings'' (Appendix E-95, Tables E-43 and E-45)
contained in ``Ventura County 1995 Air Quality Management Plan
Revision,'' adopted on December 19, 1995.
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) Post-1996 Rate-of-Progress plan, as contained in ``San Joaquin
Valley Revised Post-1996 Rate-of-Progress Plans,'' adopted on September
20, 1995.
(239) New and amended regulations for the following APCDs were
submitted on July 23, 1996, by the Governor's designee:
(i) Incorporation by reference. (A) Mojave Desert Air Quality
Management District.
(1) Rules 1300-1306, adopted on March 25, 1996.
(2) Rule 1115, adopted on March 2, 1992, and amended on April 22,
1996.
(B) South Coast Air Quality Management District.
(1) Rule 1128, adopted on May 4, 1979 and amended on March 8, 1996,
and Rule 1130, adopted on October 3, 1980 and amended on March 8, 1996.
(C) Kern County Air Pollution Control District.
(1) Rules 101, 112, 113, 114, and 115 amended on May 2, 1996.
(2) Rules 108 and 108.1 adopted on May 2, 1996.
(3 ) Rule 201, adopted on April 18, 1972 and amended on May 2, 1996.
(4 ) Rules 202.1, 209.1, 210.2, and 210.5, adopted on December 15,
1980, April 5, 1982, December 28, 1976, and November 18, 1985,
respectively, and amended on May 2, 1996.
(5) Rule 205, (a part of regulation II), ``Permit Renewal,'' adopted
on April 18, 1972 and amended on May 2, 1996.
(i) Resolution of May 2, 1996.
(D) Ventura County Air Pollution Control District.
(1) Rule 2 amended on April 9, 1996.
[[Page 269]]
(E) Bay Area Air Quality Management District.
(1) Rule 9-7 adopted on September 15, 1993, Rule 9-8 adopted on
January 20, 1993, Rule 9-9 adopted on September 21, 1994, and Rule 9-12
adopted on January 19, 1994.
(2) Rule 8-4, Rule 8-11, Rule 8-12, Rule 8-13, Rule 8-14, Rule 8-19,
Rule 8-20, Rule 8-23, Rule 8-29, Rule 8-31, Rule 8-32, Rule 8-38, Rule
8-43, Rule 8-45, Rule 8-50 amended on December 20, 1995.
(3) Rule 8-3, adopted on March 1, 1978, revised on December 20,
1995.
(4) Rule 9-11 amended November 15, 1995.
(5) Rule 8-26, adopted on May 7, 1980 and amended on December 20,
1995.
(6) Rule 9-10 adopted on January 5, 1994.
(7) Manual of Procedures, volume I, section 5, adopted on September
16, 1993.
(F) San Joaquin Valley Unified Air Pollution Control District.
(1) Rules 8010, 8020, 8030, 8040, 8060, and 8070 adopted on April
25, 1996.
(240) New and amended regulations for the following APCD were
submitted on August 28, 1996 by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rules 212, 1301, 1302, 1309, 1309.1, 1310, and 1313, adopted on
December 7, 1995, Rule 1303, adopted on May 10, 1996, and Rules 1304 and
1306, adopted on June 14, 1996.
(2) Rules 2000, 2001, 2002, 2004, 2006, 2007, 2011, 2011--Appendix
A, 2012, 2012--Appendix A, and 2015 adopted on October 15, 1993 and
amended on December 7, 1995.
(3) Rule 2012(j)(3)--Testing Guidelines (Protocol) for Alternative
Nitrogen Oxides Emission Rate Determination at Process Units, dated
March 31, 1994, adopted on December 7, 1995.
(4) Rule 2005 adopted on October 15, 1993 and amended on May 10,
1996.
(5) Rule 1136 adopted on September 16, 1983 and amended on June 14,
1996.
(241) New and amended regulations for the following APCD were
submitted on October 18, 1996 by the Governor's designee.
(i) Incorporation by reference. (A) San Diego County Air Pollution
Control District.
(1) Rules 2, Definitions; 67.0, Architectural Coatings; 67.1,
Alternative Emission Control Plans; 67.2, Dry Cleaning Equipment Using
Petroleum-Based Solvents; 67.3, Metal Parts and Products Coating
Operations; 67.5, Paper, Film, and Fabric Coating Operations; 67.7,
Cutback and Emulsified Asphalts; 67.12, Polyester Resin Operations;
67.15, Pharmaceutical and Cosmetic Manufacturing Operations; 67.16,
Graphic Arts Operations; 67.17, Storage of Materials Containing Volatile
Organic Compounds; 67.18, Marine Coating Operations; and 67.24, Bakery
Ovens, adopted on May 15, 1996.
(2) Rule 67.4, revised on May 15, 1996.
(3) Rule 66, adopted on July 1, 1972, revised on July 25, 1995.
(4) Rule 19.3 adopted on May 15, 1996.
(5) Rule 67.19, adopted May 15, 1996.
(6) Rule 24, ``Temporary Permit to Operate,'' adopted on March 20,
1996.
(B) Yolo-Solano Air Quality Management District.
(1) Rule 2.27, revised on August 14, 1996.
(C) Ventura County Air Pollution Control District.
(1) Rule 74.19.1, adopted on June 11, 1996.
(2) Rules 74.6.1, 74.6.2, and 74.6.3, adopted on July 9, 1996.
(3) Rule 23 adopted on July 9, 1996.
(D) Kern County Air Pollution Control District.
(1) Rules 416 and 417, adopted on April 18, 1972 and amended on July
11, 1996.
(242) New and amended regulations for the following APCDs were
submitted on November 26, 1996, by the Governor's designee.
(i) Incorporation by reference. (A) Mojave Desert AQMD.
(1) Rule 1118, adopted on October 28, 1996.
(B) South Coast Air Quality Management District.
(1) Rule 1113, adopted on September 2, 1977 and amended on November
8, 1996.
(2) Rule 1176, adopted on November 3, 1989 and amended on September
13, 1996.
(243) Transportation Air Quality Conformity Procedures and
Transportation Conformity Consultation Procedures
[[Page 270]]
for the following AQMD were submitted on December 16, 1996, by the
Governor's designee.
(i) Incorporation by reference. (A) Bay Area Air Quality Management
District.
(1) ``The San Francisco Bay Area Transportation Air Quality
Conformity Procedures,'' which includes sections 93.100-93.104 and
sections 93.106-93.136, adopted on November 6, 1996.
(2) ``The San Francisco Bay Area Transportation Air Quality
Conformity Interagency Consultation Procedures,'' adopted on November 6,
1996.
(244) New and amended regulations for the following APCDs were
submitted on March 3, 1997, by the Governor's designee.
(i) Incorporation by reference. (A) Monterey Bay Unified Air
Pollution Control District.
(1) Rule 101 revised on November 13, 1996.
(2) Rule 404, adopted on October 16, 1996.
(3) Rule 207, amended on December 18, 1996.
(4) Rule 434, adopted on December 18, 1996.
(5) Rule 426 revised December 18, 1996.
(B) San Diego County Air Pollution Control District.
(1) Amended Rule 10, adopted July 25, 1995.
(C) Mojave Desert Air Quality Management District.
(1) Rule 1114 adopted on March 2, 1992 and amended on November 25,
1996.
(2) Rule 403.1, ``Fugitive Dust Control for the Searles Valley
Planning Area'', adopted on June 22, 1994 and amended on November 25,
1996.(D) South Coast Air Quality Management District.
(1) Rule 1130.1, adopted on August 2, 1991 and amended on December
13, 1996.
(E) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 6030 adopted on May 21, 1992; amended on November 13, 1996.
(2) Rule 4305 adopted on December 19, 1996.
(F) Santa Barbara County Air Pollution Control District.
(1) Rule 323 revised July 18, 1996.
(G) Ventura County Air Pollution Control District.
(1) Rules 74.12, 74.13, 74.18, 74.19, 74.24, and 74.30, amended on
September 10, 1996.
(2) Rule 74.20, revised on January 14, 1997.
(245) New and amended regulations for the following APCDs were
submitted on March 26, 1997, by the Governor's designee.
(i) Incorporation by reference. (A) Yolo-Solano Air Quality
Management District.
(1) Rule 3.4, adopted on December 11, 1996.
(B) San Diego County Air Pollution Control District.
(1) Amended Rule 21, adopted November 29, 1994.
(C) Monterey Bay Unified Air Pollution Control District.
(1) Rule 430, amended on January 15, 1997.
(2) Previously approved on February 9, 1999 in (245)(i)(C)(l) and
now deleted without replacement Rule 430.
(246) New and amended regulations for the following APCDs were
submitted on October 28, 1996, by the Governor's designee.
(i) Incorporation by reference. (A) Northern Sierra Air Quality
Management District.
(1) Rules 101, 202, 203, 204, 206, 207, 208, 209, 210, 221, 222,
223, 225, 300, 301, 314, 315, and 317, adopted on September 11, 1991,
Rule 102 adopted on May 11, 1994, Rule 313 adopted on June 10, 1992, and
Rule 316 adopted on August 14, 1996.
(2) Rule 211, adopted on September 11, 1991.
(3) Previously approved on September 16, 1997 in paragraph
(c)(246)(i)(A)(1) of this section and now deleted without replacement,
Rule 223.
(4) Rule 505, ``Conditional Approval,'' Rule 510, ``Separation of
Emissions,'' Rule 511, ``Combination of Emissions,'' Rule 512,
``Circumvention,'' Rule 515, ``Provision of Sampling and Testing
Facilities,'' and Rule 517, ``Transfer,'' adopted on September 11, 1991.
(5) Rule 501, ``Permit Required'' and Rule 513, ``Source
Recordkeeping,'' amended on May 11, 1994.
(247) New and amended plans for the following agency were submitted
on February 5, 1997, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
[[Page 271]]
(1) Carbon monoxide emissions inventory, VMT forecasts and
commitments to monitor actual VMT levels and revise and replace the VMT
projections as needed in the future, as contained in the South Coast
1997 Air Quality Management Plan.
(2) Nitrogen dioxide attainment plan and maintenance plan, as
contained in the South Coast 1997 Air Quality Management Plan, adopted
on November 15, 1996.
(3) Baseline and projected emissions inventories and ozone
attainment demonstration, as contained in the South Coast 1997 Air
Quality Management Plan for ozone.
(4) Baseline and projected emissions inventories, SCAQMD commitment
to adopt and implement control measures, reasonable further progress,
contingency measures, attainment demonstration, PM-10 attainment date
extension request to December 31, 2006, as contained in the South Coast
1997 Air Quality Management Plan, with respect to PM-10.
(5) SCAQMD commitment to adopt and implement control measures, as
contained in the Coachella Request for Redesignation and Maintenance
Plan for PM-10.
(6) Appendix V, page V-5-4, Table 5-2--``Carbon Monoxide Emissions
(tons/day) Projected from 1993 through 2000 for the South Coast Air
Basin.''
(248) New and amended regulations for the following APCDs were
submitted on August 1, 1997, by the Governor's designee.
(i) Incorporation by reference. (A) San Diego County Air Pollution
Control District
(1) Rule 67.10 adopted on June 25, 1997.
(2) Rule 67.9, adopted on April 30, 1997.
(3) Rules 52, 53, 54, amended on January 27, 1997.
(B) South Coast AQMD.
(1) Rule 1124, adopted on December 13, 1996.
(2) Rule 403, amended on February 14, 1997, and Rule 1186, adopted
on February 14, 1997.
(3) Rule 1145, adopted on July 8, 1983 and amended on February 14,
1997.
(C) Placer County Air Pollution Control District.
(1) Rule 239, adopted on November 3, 1994 and amended on February
13, 1997.
(D) Mojave Desert Air Quality Management District.
(1) Rule 1157, amended May 19, 1997.
(E) Ventura County Air Pollution Control District.
(1) Rule 70 revised on May 13, 1997.
(F) Bay Area Air Quality Management District.
(1) Regulation 8, Rule 45, adopted on November 6, 1996.
(249) New and amended regulations for the following APCD's were
submitted on September 8, 1997, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 1122, adopted on March 2, 1979 and amended on July 11,
1997.
(2) Rule 701, amended on June 13, 1997.
(B) Kern County Air Pollution Control District.
(1) Rule 425.2 adopted on October 13, 1994 and amended on July 10,
1997.
(250) New regulations for the following APCD were submitted on
October 31, 1997, by the Governor's designee.
(i) Incorporation by reference. (A) Santa Barbara County Air
Pollution Control District.
(1) Rule 1301 adopted on September 18, 1997.
(251) New and amended plans for the following agency were submitted
on November 5, 1997, by the Governor's designee.
(i) Incorporation by reference. (A) Ventura County Air Pollution
Control District.
(1) Commitments to adopt and implement control measures contained in
the Ventura 1997 Air Quality Management Plan, adopted on October 21,
1997.
(252) Air Quality Management Plan for the following APCD was
submitted on December 28, 1992, by the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Federal 1992 Air Quality Attainment Plan for Carbon Monoxide and
Appendices adopted on November 18, 1992.
(253) Carbon Monoxide Redesignation Request and Maintenance Plan for
ten
[[Page 272]]
federal planning areas submitted on July 3, 1996, by the Governor's
designee.
(i) Incorporation by reference. (A) California Air Resources Board.
(1) Carbon Monoxide Redesignation Request and Maintenance Plan for the
following areas: Bakersfield Metropolitan Area, Chico Urbanized Area,
Fresno Urbanized Area, Lake Tahoe North Shore, Lake Tahoe South Shore,
Modesto Urbanized Area, Sacramento Area, San Diego Area, San Francisco-
Oakland-San Jose Area, and Stockton Urbanized Area adopted on April 26,
1996.
(254) New and amended regulations for the following APCDs were
submitted on March 10, 1998, by the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District
(1) Rule 4401 adopted on January 15, 1998.
(2) Rule 4605, adopted on December 19, 1991 and amended on December
19, 1996.
(3) Rules 4602 and 4607, adopted on April 11, 1991 and amended on
September 17, 1997.
(4) Rule 4661, adopted on December 17, 1992.
(5) Rule 4701 adopted on December 19, 1996, and Rule 4703 adopted on
October 16, 1997.
(B) Northern Sonoma County Air Pollution Control District.
(1) Rule 130 amended on July 25, 1995.
(C) Santa Barbara County Air Pollution Control District.
(1) Rule 102 amended on April 17, 1998.
(2) Rule 339, adopted on November 5, 1991 and revised on April 17,
1997.
(3) Rule 321, adopted on February 24, 1971 and revised on September
18, 1997.
(4) Rule 342 amended on April 17, 1997.
(5) Rule 316 revised on April 17, 1997.
(D) South Coast Air Quality Management District.
(1) Rule 102 amended on June 13, 1997.
(2) Rule 1151, adopted on July 8, 1988 and amended on June 13, 1997,
and Rule 1171, adopted on August 2, 1991 and amended on June 13, 1997.
(3) Rule 1302, amended December 7, 1995.
(4) Rule 1134 adopted on August 8, 1997.
(5) Rule 1138, adopted on November 14, 1997.
(E) Antelope Valley Air Pollution Control District.
(1) Resolution No. 97-01 dated July 1, 1997.
(2) Rules 101 and 102 amended on August 19, 1997 and Rule 103
amended on September 16, 1997.
(3) Rules 201, 203, 204, 205, and 217, adopted on January 9, 1976
and amended on August 19, 1997.
(F) Bay Area Air Quality Management District.
(1) Regulation 5, adopted on November 2, 1994.
(G) Monterey Bay Unified Air Pollution Control District.
(1) Rule 431, adopted on December 17, 1997.
(H) Mojave Desert Air Quality Management District.
(1) Rules 474, 475, and 476 adopted on August 25, 1997.
(2) Rule 1158, adopted on February 22, 1995 and amended on August
25, 1997.
(I) Sacramento Metropolitan Air Quality Management District.
(1) Rule 414, adopted August 1, 1996.
(J) Lake County Air Quality Management District.
(1) Rule 640, as amended on July 15, 1997; and Rule 1350, adopted on
October 15, 1996.
(2) Sections (Rules) 433, adopted on July 15, 1997.
(K) Ventura County Air Pollution Control District.
(1) Rule 59, adopted on October 6, 1969 and amended on July 15,
1997.
(L) Great Basin Unified Air Pollution Control District.
(1) Rule 432, adopted on May 8, 1996.
(255) New and amended regulations for the following APCD's were
submitted on May 18, 1998, by the Governor's designee.
(i) Incorporation by reference. (A) Sacramento Metropolitan Air
Quality Management District.
(1) Rule 450, adopted on July 23, 1981 and amended on December 5,
1996, and Rule 459, adopted on December 7, 1995 and amended on October
2, 1997.
(2) Rules 101, 442, 443, 447, 452, 456, and 458, adopted on
September 5, 1996.
(3) Rule 454, adopted on June 5, 1979 and amended on April 3, 1997.
(4) Rule 413, amended May 1, 1997.
[[Page 273]]
(5) Rule 449, adopted on April 3, 1997.
(6) Rule 105, Emission Statement, adopted on April 20, 1993, and
amended September 5, 1996.
(B) North Coast Unified Air Quality Management District.
(1) Rule 130 amended September 26, 1997.
(C) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 1020, amended December 18, 1997.
(D) Lake County Air Quality Management District.
(1) Rule 1002, as amended on March 19, 1996.
(2) Section (Rule) 439.5, adopted on July 15, 1997.
(E) Placer County Air Pollution Control District.
(1) Rule 102, adopted June 19, 1997.
(F) South Coast Air Quality Management District.
(1) Rule 1146.2, adopted on January 9, 1998.
(G) Ventura County Air Pollution Control District.
(1) Rules 26.1, 26.2, 26.3, 26.4, 26.5, 26.6 and 26.10 adopted on
January 13, 1998.
(256) New and amended regulations for the following APCDs were
submitted on June 23, 1998, by the Governor's designee.
(i) Incorporation by reference. (A) Bay Area Air Quality Management
District.
(1) Regulation 1, revised on November 3, 1993.
(2) Rule 8-51, adopted on November 18, 1992 and amended on January
7, 1998.
(B) San Diego County Air Pollution Control District.
(1) Rule 50, adopted on August 13, 1997.
(C) Kern County Air Pollution Control District.
(1) Rule 410.3, adopted on June 26, 1979 and revised on May 7, 1998.
(2) Rule 409, adopted on April 18, 1972, as amended on May 7, 1998.
(D) Antelope Valley Air Pollution Control District.
(1) Rule 701 was amended on January 20, 1998.
(E) El Dorado County Pollution Control District .
(1) Rule 239 adopted on March 24, 1998.
(F) Ventura County Air Pollution Control District.
(1) Rule 74.10, adopted on September 29, 1981 and amended on March
10, 1998.
(G) Sacramento Metropolitan Air Quality Management District.
(1) Rule 447 amended on April 2, 1998.
(257) Plan revisions for the Coachella Valley Planning Area were
submitted on February 16, 1995, by the Governor's designee.
(i) Incorporation by reference. (A) Fugitive dust control ordinances
for: City of Cathedral City Ordinance No. 377, adopted on February 18,
1993; City of Coachella Ordinance No. 715, adopted on October 6, 1993;
City of Desert Hot Springs Ordinance No. 93-2, adopted on May 18, 1993;
City of Indian Wells Ordinance No. 313, adopted on February 4, 1993;
City of Indio Ordinance No. 1138, adopted on March 17, 1993; City of La
Quinta Ordinance No. 219, adopted on December 15, 1992; City of Palm
Desert Ordinance No. 701, adopted on January 14, 1993; City of Palm
Springs Ordinance No. 1439, adopted on April 21, 1993; City of Rancho
Mirage Ordinance No. 575, adopted on August 5, 1993; and County of
Riverside Ordinance No. 742, adopted on January 4, 1994.
(258) New and amended regulations for the following APCD's were
submitted on June 3, 1997, by the Governor's designee.
(i) Incorporation by reference. (A) Monterey Bay Unified Air
Pollution Control District.
(1) Rule 433, adopted on June 15, 1994 and revised on March 26,
1997.
(2) Rule 215, amended on March 26, 1997.
(3) Rule 425, adopted on March 26, 1997.
(259) New and amended regulations for the following APCDs were
submitted on December 3, 1998, by the Governor's designee.
(i) Incorporation by reference. (A) Yolo-Solano Air Quality
Management District.
(1) Rule 10.3, adopted on February 8, 1995.
(260) New and amended regulations for the following APCDs were
submitted on October 27, 1998, by the Governor's designee.
(i) Incorporation by reference. (A) Sacramento Metropolitan Air
Quality Management District.
[[Page 274]]
(1) Rule 101, amended on September 3, 1998.
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 2020 adopted on September 17, 1998.
(C) Kern County Air Pollution Control District.
(1) Rule 208, originally adopted on April 18, 1972, amended on
September 17, 1998.
(261) New and amended regulations for the following APCDs were
submitted on January 12, 1999, by the Governor's designee.
(i) Incorporation by reference. (A) Monterey Bay Unified Air
Pollution Control District.
(1) Rule 101, adopted November 12, 1998.
(262) New and amended regulations for the following APCDs were
submitted on February 16, 1999, by the Governor's designee.
(i) Incorporation by reference. (A) Bay Area Air Quality Management
District.
(1) Regulation 1, adopted on October 7, 1998.
(2) Previously approved on June 28, 1999 in paragraph
(c)(262)(i)(A)(1) of this section and now deleted without replacement
Regulation 1, Rules 402 and 402.1.
(B) Ventura County Air Pollution Control District.
(1) Rule 2, adopted November 10, 1998.
(2) Rule 74.24.1, adopted on November 10, 1998.
(3) Rule 74.6, revised on November 10, 1998.
(C) South Coast Air Quality Management District.
(1) Rule 1107, adopted on June 1, 1979 and amended on August 14,
1998.
(2) Rule 1151, adopted on December 11, 1998.
(D) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4606 adopted on December 19, 1991 and amended on December
17, 1998.
(E) Antelope Valley Air Pollution Control District.
(1) Rule 1171, adopted on November 17, 1998.
(2) [Reserved]
(3) Rule 226, adopted on March 17, 1998 and amended on July 21,
1998.
(263) New and amended regulations for the following APCDs were
submitted on May 13, 1999, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 1103, adopted on March 12, 1999.
(2) Rule 102 adopted on February 4, 1977 and amended on June 12,
1998.
(3) Rules 403 and 1186, amended on December 11, 1998.
(B) Santa Barbara County Air Pollution Control District.
(1) Rule 102 adopted on January 21, 1999.
(2) Rule 351 adopted on August 24, 1993 and amended on August 20,
1998.
(C) Sacramento Metropolitan Air Quality Management District.
(1) Rule 464, adopted on July 23, 1998.
(D) Tehama County Air Pollution Control District.
(1) Rule 4:31 adopted on March 14, 1995, Rule 4:34 adopted on June
3, 1997, and Rule 4.37 adopted on April 21, 1998.
(2) Rule 4.14 adopted on November 3, 1998.
(264) New and amended regulations for the following APCDs were
submitted on June 3, 1999, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 462, adopted on May 14, 1999.
(2) Rule 1106.1, adopted on May 1, 1992, and amended on February 12,
1999.
(B) Yolo-Solano Air Quality Management District.
(1) Rule 2.30, adopted on April 14, 1999.
(C) Ventura County Air Pollution Control District.
(1) Rule 64, adopted on April 13, 1999.
(2) Rule 103 adopted on February 9, 1999.
(D) Monterey Bay Unified Air Pollution Control District.
(1) Rule 1002, adopted on April 21, 1999.
(265) New and amended plans for the following agencies were
submitted on May 20, 1999, by the Governor's designee.
(i) Incorporation by reference. (A) California Air Resources Board.
(1) Executive Order G-99-037, dated May 20, 1999, State commitment
to continue working with U.S. EPA and
[[Page 275]]
the affected parties to achieve the emission reductions identified in
the SIP for federal measures, and to adopt by December 31, 2000, and
submit as a SIP revision, a revised attainment demonstration for the
federal one-hour ozone standard in the South Coast Air Basin, and adopt
by December 31, 2001, control measures needed to achieve any additional
emission reductions which are determined to be appropriate for ARB;
Attachment A, update to the 1994 ozone SIP for the South Coast.
(266) New and amended regulations for the following APCDs were
submitted on September 29, 1998 by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 1168, adopted on April 7, 1989, and amended February 13,
1998.
(2) Rule 431.1, adopted on November 4, 1997 and amended on June 12,
1998.
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4653, adopted on March 19, 1998.
(2) Rule 4354, adopted on April 16, 1998.
(3) Rule 2201 adopted on August 20, 1998.
(4) Rule 4642, adopted on April 16, 1998.
(267) New plan for Owens Valley PM-10 Planning Area for the
following agency was submitted on December 10, 1998 by the Governor's
designee.
(i) Incorporation by reference. (A) Great Basin Unified APCD.
(1) Owens Valley PM-10 Planning Area Demonstration of Attainment
State Implementation Plan, Section 7-4, Commitment to adopt 2003 SIP
Revision and Section 8-2, the Board Order adopted on November 16, 1998
with Exhibit 1.
(268) New and amended regulations for the following agencies were
submitted on July 23, 1999, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 2005 adopted on April 9, 1999.
(2) Rule 218, ``Continuous Emission Monitoring,'' amended on May 14,
1999.
(3) Rule 218.1, ``Continuous Emission Monitoring Performance
Specification,'' adopted on May 14, 1999.
(B) Mojave Desert Air Quality Management District.
(1) Rule 1116 revised on April 26, 1999.
(C) Lake County Air Quality Management District.
(1) Section (Rule) 226.5, adopted on September 13, 1988.
(269) New and amended regulations for the following APCDs were
submitted on September 7, 1999, by the Governor's designee.
(i) Incorporation by reference. (A) Kern County Air Pollution
Control District.
(1) Rule 102, adopted on April 18, 1972 and amended on July 1, 1999.
(B) San Diego County Air Pollution Control District.
(1) Rule 2, adopted on June 30, 1999.
(C) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 1020, adopted on June 18, 1992 and amended on June 17,
1999.
(2) Rule 4452 adopted on December 17, 1992.
(D) South Coast Air Quality Management District.
(1) Rule 102, adopted on February 4, 1997 and amended on April 9,
1999.
(270) New and amended regulations for the following APCDs were
submitted on October 29, 1999, by the Governor's designee.
(i) Incorporation by reference. (A) Ventura County Air Pollution
Control District.
(1) Rule 37 adopted September 14, 1999.
(2) Previously approved on December 13, 1999 in paragraph
(c)(270)(i)(A)(1) of this section and now deleted without replacement,
Ventura County Rule 37.
(B) Monterey Bay Unified Air Pollution Control District.
(1) Rule 207, amended on September 15, 1999.
(C) South Coast Air Quality Management District.
(1) Amended Rule 465, adopted on August 13, 1999.
(2) Rule 1104 adopted on April 7, 1978 and amended on August 13,
1999.
(3) Rule 1158, adopted on June 11, 1999.
(D) Santa Barbara County Air Pollution Control District.
[[Page 276]]
(1) Rule 353, adopted on August 19, 1999.
(E) Antelope Valley Air Pollution Control District.
(1) Rule 1151 adopted on July 20, 1999.
(271) New and amended regulations for the following agencies were
submitted on August 22, 1997, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 2002 adopted on February 14, 1997.
(272) New and amended plan for the following agency was submitted on
February 4, 2000, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) SCAQMD commitment to adopt and implement short- and
intermediate-term control measures; SCAQMD commitment to adopt and
implement long-term control measures; SCAQMD commitment to achieve
overall emissions reductions for the years 1999-2008; SCAQMD commitment
to implement those measures that had been adopted in regulatory form
between November 1994 and September 1999; rate-of-progress plan for the
1999, 2002, 2005, 2008, and 2010 milestone years; amendment to the
attainment demonstration in the 1997 Air Quality Management Plan for
ozone; and motor vehicle emissions budgets for purposes of
transportation conformity, as contained in the 1999 Amendment to the
South Coast 1997 Air Quality Management Plan.
(2) SCAQMD commitment to adopt and implement control measures, as
contained in the 1999 Amendment to the South Coast Air Quality
Management Plan, with respect to PM-10.
(273) New and amended regulations for the following APCD's were
submitted on August 21, 1998, by the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 4621, amended on June 18, 1998.
(2) Rule 4622, adopted on June 18, 1998.
(274) New and amended regulations for the following APCD were
submitted on June 29, 1995, by the Governor's designee.
(i) Incorporation by reference. (A) Mojave Desert Air Quality
Management District.
(1) Rule 1161, adopted on June 28, 1995.
(275) New and amended plan for the following agency was submitted on
March 19, 1999, by the Governor's designee.
(i) Incorporation by reference. (A) Santa Barbara County Air
Pollution Control District.
(1) Control measures 333, 352, 353, T13, T18, T21, and T22; 1999
rate-of-progress plan; and motor vehicle emissions budgets (cited on
page 5-4), as contained in the Santa Barbara 1998 Clean Air Plan.
(ii) Additional materials. (A) Santa Barbara County Air Pollution
Control District.
(1) Baseline and projected emissions inventories, and ozone
attainment demonstration, as contained in the Santa Barbara 1998 Clean
Air Plan.
(276) New and amended regulations for the following APCDs were
submitted on February 23, 2000, by the Governor's designee.
(i) Incorporation by reference. (A) Monterey Bay Unified Air
Pollution Control District.
(1) Rules 101 and 102, adopted on December 15, 1999.
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4661, adopted on December 9, 1999.
(277) New and amended regulations for the following APCDs were
submitted on March 28, 2000, by the Governor's designee.
(i) Incorporation by reference. (A) Santa Barbara County Air
Pollution Control District.
(1) Rule 330, adopted on June 11, 1979 and amended on January 20,
2000.
(B) Sacramento Metropolitan Air Quality Management District.
(1) Rule 701, adopted on May 27, 1999.
(C) Bay Area Air Quality Management District.
(1) Rule 8-11 adopted on January 24, 1979 and amended on November
19, 1997.
[[Page 277]]
(2) Rule 8.20, amended on March 3, 1999.
(3) Rule 8-16, adopted on March 7, 1979 and amended on September 15,
1998.
(4) Rule 8-40 amended December 15, 1999.
(5) Bay Area Air Quality Management District Rule 8-52, adopted on
July 7, 1999.
(6) Rule 8-7, adopted on November 17, 1999.
(7) Rule 8-5 adopted on December 15, 1999 and Rule 8-18 adopted on
January 7, 1998.
(8) Rule 8-28, adopted on July 16, 1980 and amended on March 18,
1998.
(D) South Coast Air Quality Management District.
(1) Rule 1121 adopted on December 10, 1999.
(278) New and amended regulations for the following APCDs were
submitted on January 21, 2000, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 1130 amended on October 8, 1999.
(2) Rule 1186, adopted on September 10, 1999.
(3) Previously approved on January 21, 2000 in paragraph
(c)(278)(i)(A)(2) of this section and now deleted without replacement
for implementation in the Antelope Valley Air Quality Management
District Rule 1186.
(B) Santa Barbara County Air Pollution Control District.
(1) Rule 352 adopted on September 16, 1999.
(C) Ventura County Air Pollution Control District.
(1) Rule 74.11.1 adopted on September 14, 1999.
(2) Rules 57 and 68, adopted on June 14, 1977.
(279) New and amended regulations for the following APCDs were
submitted on May 26, 2000, by the Governor's designee.
(i) Incorporation by reference. (A) Imperial County Air Pollution
Control District.
(1) Rule 426 amended September 14, 1999
(2) Rules 101, 408, 409, 420, 421, 701, and 702, adopted on
September 14, 1999.
(3) Rule 416, adopted on September 14, 1999.
(4) Rules 109 and 110 adopted on September 14, 1999.
(5) Rule 427, adopted on September 14, 1999.
(6) Rules 100 and 113, adopted on September 14, 1999.
(7) Rule 405, adopted on September 14, 1999.
(8) Rule 417 adopted on September 14, 1999.
(9) Rule 415, adopted on September 14, 1999.
(10) Rule 115 adopted on November 19, 1985 and amended on September
14, 1999.
(11) Rule 400, revised on September 14, 1999.
(12) Rule 201, adopted prior to October 15, 1979 and revised on
September 14, 1999.
(13) Rule 208, adopted March 17, 1980 and revised on September 14,
1999.
(14) Rules 203, 205, and 206, adopted on November 19, 1985 and
revised on September 14, 1999.
(B) Monterey Bay Unified Air Pollution Control District.
(1) Rule 404, Monterey Bay Unified APCD, adopted on March 22, 2000.
(2) Rule 403, adopted on March 22, 2000.
(3) Rule 400, adopted July 1, 1969 and amended on March 22, 2000.
(280) New and amended regulations for the following APCDs were
submitted on July 26, 2000, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 1189, adopted on January 21, 2000.
(2) Rule 461, adopted on April 21, 2000.
(3) Rule 1150.1, adopted on April 5, 1985 and amended on March 17,
2000.
(B) El Dorado County Air Pollution Control District.
(1) Rule 240, adopted on February 15, 2000.
(C) Yolo-Solano Air Quality Management District.
(1) Rule 1.1, revised on August 13, 1997.
(2) Rule 101, adopted on February 15, 2000.
[[Page 278]]
(281) New and amended regulations for the following APCDs were
submitted on May 23, 2001, by the Governor's designee.
(i) Incorporation by reference. (A) El Dorado County Air Pollution
Control District.
(1) Rules 238, 244, and 245, adopted on March 27, 2001.
(2) Rule 229, adopted on January 23, 2001.
(B) Monterey Bay Unified Air Pollution Control District.
(1) Rule 213 adopted on March 21, 2001.
(282) New and amended regulations for the following APCDs were
submitted on May 31, 2001, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rules 1631, 1632, 1633, and 2507 adopted on May 11, 2001.
(2) Rules 2000, 2001, 2002, 2004, 2006, 2007, 2010, 2011, 2012,
2015, and 2020 adopted on May 11, 2001; and Rules 2011-2 and 2012-2
adopted on March 16, 2001.
(B) Bay Area Air Quality Management District.
(1) Rule 8-51, revised on May 2, 2001.
(C) Monterey Bay Unified Air Pollution Control District
(1) Rule 205, ``Provision of Sampling and Testing Facilities,''
revised on March 21, 2001.
(283) San Francisco Bay Area Ozone Attainment Plan for the 1-Hour
National Ozone Standard, June 1999, was submitted on August 13, 1999 by
the Governor's designee.
(i) Incorporation by reference. (A) Bay Area Air Quality Management
District.
(1) Tables 10 and 12 of the San Francisco Bay Area Ozone Attainment
Plan for the 1-Hour National Ozone Standard, June 1999, which detail the
commitment to adopt and implement any combination of new control
measures to achieve 11 ton per day reduction in VOC emissions by June
2000.
(2) Contingency measures, Table 18, ``Post-Attainment Year (2000-
2003) Inventory Reductions Reflected in the SIP''.
(284) New and amended regulations for the following APCDs were
submitted on May 8, 2001, by the Governor's designee.
(i) Incorporation by reference. (A) Monterey Bay Unified Air
Pollution Control District.
(1) Rules 429 adopted on September 16, 1987 and amended on January
17, 2001 and Rule 434 adopted on June 15, 1994 and amended on January
17, 2001.
(2) Rules 418 and 419, adopted on December 13, 2000.
(3) Rule 416, adopted on September 1, 1974 and amended on January
17, 2001.
(4) Rule 433, adopted on January 17, 2001.
(B) South Coast Air Quality Management District.
(1)Rule 1612.1 adopted on March 16, 2001.
(2) Rule 1146, adopted on November 17, 2000.
(3) Rule 442 adopted on May 7, 1976 and amended on December 15,
2000.
(4) Rule 1102, adopted on January 6, 1978 and amended on November
17, 2000.
(5) Rule 1131 adopted on September 15, 2000.
(6) Rule 1132, adopted on January 19, 2001.
(C) Santa Barbara County Air Pollution Control District.
(1) Rule 326 adopted on December 14, 1993, and amended on January
18, 2001.
(2) Rule 346, adopted on January 18, 2001.
(D) Ventura County Air Pollution Control District.
(1) Rule 74.9, adopted on July 21, 1981 and amended on November 14,
2000.
(2) Rule 70, adopted on November 14, 2000.
(285) New and amended regulations for the following APCDs were
submitted on December 11, 2000 by Governor's designee.
(i) Incorporation by reference. (A) Ventura County Air Pollution
Control District.
(1) Rule 74.15.1, adopted on June 13, 2000.
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4603 adopted on April 11, 1991 and amended on September 21,
2000.
(C) Bay Area Air Quality Management District.
(1) Rule 9-11, adopted on May 17, 2000.
(2) Regulation 8, Rule 34, adopted on October 6, 1999.
(D) Antelope Valley Air Pollution Control District.
[[Page 279]]
(1) Rule 701, adopted on July 18, 2000.
(E) San Diego County Air Pollution Control District.
(1) Rule 61.2, amended on July 26, 2000.
(286) New and amended regulations for the following APCDs were
submitted on March 14, 2001 by Governor's designee.
(i) Incorporation by reference. (A) South Coast AQMD.
(1) Rule 109 amended on August 18, 2000, Rule 481 amended on
November 17, 2000, Rule 1107 amended on November 17, 2000, Rule 1141.1
amended on November 17, 2000, Rule 1141.2 amended on November 17, 2000,
and Rule 1162 amended on November 17, 2000.
(2) Rule 1168, amended on September 15, 2000.
(3) Rule 1141 adopted on July 8, 1983, and amended on November 17,
2000.
(287) New and amended regulations for the following APCD were
submitted on November 8, 2001 by the Governor's designee.
(i) Incorporation by reference. (A) Mojave Desert Air Quality
Management District.
(1) Rule 1161 adopted on October 22, 2001.
(288) New and amended regulations for the following APCDs were
submitted on October 30, 2001, by the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rules 4103 and 4106, adopted on June 21, 2001.
(B) Lake County Air Quality Management District.
(1) Sections [Rules] 203, 204.5, 208.3, 208.8, 226.4, 226.5, 240.8,
246, 248.3, 248.5, 249.5, 251.7, 270, 431, 431.5, 433, 434, 1000, 1001,
1003, 1105, 1107, 1130, 1140, 1145, 1150, 1160, and 1170, adopted on
June 19, 2001.
(C) Ventura County Air Pollution Control District.
(1) Rule 74.19 adopted on August 11, 1992 and amended on April 10,
2001.
(D) Imperial County Air Pollution Control District.
(1) Rules 412 and 413 adopted on January 16, 2001.
(2) Rule 403, adopted on November 19, 1985 and revised on July 24,
2001.
(E) South Coast Air Quality Management District.
(1) Rule 2005 adopted on April 20, 2001.
(289) New and amended regulation for the following AQMD were
submitted on November 28, 2001, by the Governor's designee.
(i) Incorporation by reference. (A) Yolo-Solano Air Quality
Management District.
(1) Rule 2.32 adopted on October 10, 2001.
(290) New and amended regulations for the following APCDs were
submitted on December 14, 2001, by the Governor's designee.
(i) Incorporation by reference. (A) Kern County Air Pollution
Control District.
(1) Rule 427, adopted on November 1, 2001.
(291) [Reserved]
(292) New and amended regulations for the following APCDs were
submitted on November 7, 2001, by the Governor's designee.
(i) Incorporation by reference. (A) Monterey Bay Air Pollution
Control District.
(1) Rule 431, adopted on October 17, 2001.
(B) Santa Barbara County Air Pollution Control District.
(1) Rule 325 adopted on January 25, 1994, and amended on July 19,
2001.
(293) New and amended regulations for the following APCDs were
submitted on January 22, 2002, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rules 208 and 444, adopted on December 21, 2001.
(2) Rule 1124 adopted on July 6, 1979, and amended on September 21,
2001.
(3) Rule 1634, adopted on November 9, 2001.
(B) Yolo-Solano Air Quality Management District.
(1) Rule 2.14, adopted on November 14, 2001.
(294) New and amended regulations for the following APCD were
submitted on February 20, 2002, by the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 4653, amended on December 20, 2001.
[[Page 280]]
(2) Rule 4603 adopted on April 11, 1991, and amended on December 20,
2001.
(3) Rule 4602 adopted on April 11, 1991 and amended on December 20,
2001; Rule 4604 adopted on April 11, 1991 and amended on December 20,
2001; Rule 4606 adopted on December 19, 1991 and amended on December 20,
2001; Rule 4607 adopted on April 11, 1991 and amended on December 20,
2001; and, Rule 4684 adopted on May 19, 1994 and amended on December 20,
2001.
(4) Rule 4661, adopted on May 21, 1992 and amended on December 20,
2001, Rule 4662, adopted April 11, 1991 and amended on December 20,
2001, and Rule 4663, adopted on December 20, 2001.
(5) Rule 4605 adopted on December 19, 1991 and amended on December
20, 2001.
(295) New and amended regulations for the following APCD were
submitted on February 8, 2002, by the Governor's designee.
(i) Incorporation by reference. (A) Tehama County Air Pollution
Control District.
(1) Rules 4:31 and 4:37 adopted on January 29, 2002.
(296) New and amended regulations for the following APCD were
submitted on November 9, 2001, by the Governor's designee.
(i) Incorporation by reference. (A) El Dorado County Air Pollution
Control District.
(1) Rule 244 adopted on March 27, 2001, and amended on September 25,
2001.
(2) Rule 232, adopted on October 18, 1994 and amended on September
25, 2001.
(297) New and amended regulations for the following APCDs were
submitted on March 15, 2002, by the Governor's designee.
(i) Incorporation by reference. (A) Ventura County Air Pollution
Control District.
(1) Rule 74.6, adopted on January 8, 2002.
(2) Rule 74.29 adopted on October 10, 1995, and amended on January
8, 2002.
(3) Rule 74.24.1 adopted on November 10, 1998, and amended on
January 8, 2002.
(4) Rule 74.23, adopted on January 8, 2002.
(5) Rule 74.2, adopted on November 13, 2001.
(B) Imperial County Air Pollution Control District.
(1) Rule 101, adopted on July 28, 1981 and amended on December 11,
2001.
(C) South Coast Air Quality Management District.
(1) Rule 1107 adopted on June 1, 1979, and amended on November 9,
2001.
(2) Rule 518.2 adopted on January 12, 1996, amended on December 21,
2001.
(D) Monterey Bay Unified Air Pollution Control District.
(1) Rule 427, adopted on January 16, 1980 and amended on December
19, 2001.
(2) Rule 417 adopted on September 1, 1974, and amended on December
19, 2001.
(E) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4601, adopted on October 31, 2001.
(2) Rule 4623, adopted on April 11, 1991 and amended on December 20,
2001.
(F) Santa Barbara County Air Pollution Control District.
(1) Rule 323, adopted on November 15, 2001.
(298) New and amended contingency measures for the following APCDs
were submitted on May 29, 2002, by the Governor's designee.
(i) Incorporation by reference. (A) Santa Barbara County Air
Pollution Control District.
(1) 2001 Clean Air Plan Contingency Control Measures R-SC-1
(Architectural Coatings); N-IC-1 and N-IC-3 (Control of Emissions from
Reciprocating Internal Combustion Engines); N-XC-2 (Large Water Heaters
and Small Boilers, Steam Generators, and Process Heaters); R-SL-2
(Solvent Degreasers) [incorrectly identified as CAP Control Measure R-
SL-1 in Table 4-3, ``Proposed APCD Control Measures'']; R-SL-2 (Solvent
Cleaning Operations); N-IC-2 (Gas Turbines); R-SL-4 (Electronic
Industry--Semiconductor Manufacturing); N-XC-4 (Small Industrial and
Commercial Boilers, Steam Generators, and Process Heaters), adopted on
November 15, 2001.
(299) Amended regulation for the following APCD was submitted on
July 2, 2002, by the Governor's designee.
(i) Incorporation by reference. (A) El Dorado County Air Pollution
Control District.
[[Page 281]]
(1) Rule 233, adopted on October 18, 1994, and amended on June 11,
2002.
(300) Amended regulations for the following APCDs were submitted on
June 18, 2002, by the Governor's designee.
(i) Incorporation by reference. (A) Mojave Desert Air Quality
Management District.
(1) Rule 1161 amended on March 25, 2002.
(B) Bay Area Air Quality Management District.
(1) Rule 8-3, adopted on November 21, 2001.
(C) Monterey Bay Unified Air Pollution Control District.
(1) Rule 426, adopted on April 17, 2002.
(D) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4703 adopted on April 25, 2002.
(301) Amended regulation for the following APCD was submitted on
March 5, 2002, by the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 4354, adopted September 14, 1994 and amended February 21,
2002.
(302) New and amended regulations for the following APCDs were
submitted on October 16, 2002, by the Governor's designee.
(i) Incorporation by reference. (A) Imperial County Air Pollution
Control District.
(1) Rule 701, revised on August 13, 2002.
(2) Rule 101, adopted on August 13, 2002.
(3) Rule 420 adopted on November 11, 1985, and amended on August 13,
2002.
(B) Monterey Bay Unified Air Pollution Control District.
(1) Rule 408, adopted on September 1, 1974 and revised on August 21,
2002.
(2) Rule 415, adopted on August 21, 2002.
(3) Rule 414, adopted on August 21, 2002.
(4) Rules 412 and 413, adopted on September 1, 1974 and revised on
August 21, 2002.
(303) New and amended regulations for the following APCDs were
submitted on August 6, 2002, by the Governor's designee.
(i) Incorporation by reference. (A) Santa Barbara County Air
Pollution Control District.
(1) Rule 401, adopted on October 18, 1971 and revised on May 16,
2002.
(B) Yolo Solano Air Quality Management District.
(1) Rule 2.22, revised on June 12, 2002.
(2) Rule 2.21, adopted on March 23, 1994 and amended on June 12,
2002.
(C) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4311 adopted on June 20, 2002.
(2) Rule 4661, adopted on May 16, 2002.
(3) Rule 4693, adopted on May 16, 2002.
(4) Rule 3170, ``Federally Mandated Ozone Nonattainment Fee,''
adopted on May 16, 2002.(304) New and amended regulations for the
following APCD were submitted on December 6, 2001, by the Governor's
designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rules 8011, 8021, 8031, 8041, 8051, 8061, 8071, and 8081,
adopted on November 15, 2001.
(305) Amended regulations for the following APCD were submitted on
May 20, 2002 by the Governor's designee.
(i) Incorporation by reference. (A) Ventura County Air Pollution
Control District.
(1) Rules 10, 26.1, 26.2, 26.3, 26.4, 26.6, and 26.11 adopted on May
14, 2002.
(306) The following plan was submitted on December 5, 2002, by the
Governor's designee.
(i) Incorporation by reference. (A) Kern County Air Pollution
Control District.
(1) PM-10 (Respirable Dust) Attainment Demonstration, Maintenance
Plan, and Redesignation Request (excluding pages 4-1, 4-2, 6-1, 6-2,
Appendix A, and pages D-12 through D-37 of Appendix D) adopted on
September 5, 2002.
(B) California Air Resources Board, California.
(1) California Air Resources Board Executive Order G-125-295 adopted
on December 4, 2002.
(307) New and amended regulations for the following APCDs were
submitted on November 19, 2002, by the Governor's designee.
(i) Incorporation by reference. (A) Sacramento Metropolitan Air
Quality Management District.
(1) Rule 449, adopted on February 5, 1975 and amended on September
26, 2002.
[[Page 282]]
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4622, adopted on May 21, 1992 and amended on September 19,
2002.
(C) San Diego County Air Pollution Control District.
(1) Rule 101, adopted on September 25, 2002.
(2) Rule 67.11.1, adopted on September 25, 2002.
(3) Rule 67.11, ``Wood Products Coating Operations,'' adopted on
June 27, 2012 and effective on June 27, 2013.
(D) South Coast Air Quality Management District.
(1) Rule 1137 adopted on February 1, 2002.
(308) New and amended regulations for the following APCDs were
submitted on December 12, 2002, by the Governor's designee.
(i) Incorporation by reference. (A) Bay Area Air Quality Management
District.
(1) Rule 8-7, amended on November 6, 2002.
(B) Lake County Air Quality Management District.
(1) Sections 226.5, 232.1, 238.5, 249.3, 250.5, 433.5, 436, and
436.5, adopted on October 1, 2002 and Sections 431.5, 431.7, 432.5, and
433, amended on October 1, 2002.
(C) Sacramento Metropolitan Air Quality Management District.
(1) Rule 307, adopted on September 26, 2002.
(D) South Coast Air Quality Management District.
(1) Rule 1631, amended on October 4, 2002.
(309) New and amended plan for the following agency was submitted on
November 18, 2002, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District (SCAQMD).
(1) SCAQMD commitment to adopt and implement control measures, and
reasonable further progress, as contained in the Implementation Status
of the PM-10 Portion of the 1997 AQMP and PM-10 Emissions Budgets for
Transportation Conformity use (2002 status report) adopted by SCAQMD on
June 7, 2002.
(2) Baseline and projected emissions inventories, SCAQMD commitment
to adopt and implement control measures, reasonable further progress,
contingency measures, attainment demonstration, PM-10 attainment date
extension, and motor vehicle emissions budgets, as contained in Chapters
3, 4, 5, 6 and 8 of the 2002 Coachella Valley PM-10 SIP adopted by
SCAQMD on June 21, 2002, and the 2002 Coachella Valley PM-10 SIP
Addendum (Appendix E) adopted by SCAQMD on September 13, 2002.
(310) New and amended rules for the following districts were
submitted on May 21, 2002, by the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 4692, adopted on March 21, 2002.
(B) South Coast Air Quality Management District.
(1) Rule 1178 adopted on December 21, 2001; Rule 481 adopted on
October 7, 1977 and amended on January 11, 2002; and, Rule 1141.2
adopted on July 6, 1984 and amended on January 11, 2002.
(311) New and amended rules for the following districts were
submitted on December 23, 2002, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 1171, adopted on August 2, 1991 and amended on August 2,
2002.
(2) Previously approved on June 3, 2003 in paragraph
(c)(311)(i)(A)(1) of this section and now deleted without replacement,
Subsection (c)(1) (July 1, 2005 VOC limits) of Rule 1171.
(3) Rule 1309.1, adopted on May 3, 2002.
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) Rules 2020 and 2201 adopted on December 19, 2002.
(312) New and amended rules for the following districts were
submitted on January 21, 2003, by the Governor's designee.
(i) Incorporation by reference. (A) Bay Area Air Quality Management
District.
(1) Rules 8.5 and 8.18, amended on November 27, 2002, and adopted on
January 1, 1978 and October 1, 1980, respectively.
(B) Santa Barbara County Air Pollution Control District.
[[Page 283]]
(1) Rule 360, adopted on October 17, 2002.
(313) New and amended plan for the following agency was submitted on
December 20, 2002, by the Governor's designee.
(i) Incorporation by reference. (A) San Diego County Air Pollution
Control District.
(1) Ozone Redesignation Request and Maintenance Plan for San Diego
County, including motor vehicle emissions budgets for 2010 and 2014,
Resolution 02-389, adopted on December 11, 2002.
(314) New and amended plan for the following agency was submitted on
February 21, 2003, by the Governor's designee.
(i) Incorporation by reference. (A) Santa Barbara County Air
Pollution Control District.
(1) Emission Inventories, 1-hour ozone maintenance demonstration,
commitments to continue ambient monitoring and to track progress, and
contingency measures, as contained in the Final 2001 Clean Air Plan
adopted on December 19, 2002.
(315) New and amended regulations for the following APCDs were
submitted on April 1, 2003, by the Governor's designee.
(i) Incorporation by reference. (A) Bay Area Air Quality Management
District.
(1) Rule 8-4, amended on October 16, 2002 and Rule 8-16, adopted on
March 7, 1979 and amended on October 16, 2002.
(2) Rule 8-31 adopted on September 7, 1983 and amended on October
16, 2002; and Rule 8-43 adopted on November 23, 1988 and amended on
October 16, 2002.
(3) Rule 8-14, adopted on March 7, 1979 and amended on October 16,
2002; and Rule 8-19, adopted on January 9, 1980 and amended on October
16, 2002.
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4408, adopted on December 19, 2002.
(2) Rule 4610, adopted on December 19, 2002.
(C) Mojave Desert Air Quality Management District.
(1) Rule 1113, adopted on February 24, 2003.
(316) New and amended regulations for the following APCDs were
submitted on June 5, 2003, by the Governor's designee.
(i) Incorporation by reference. (A) Kern County Air Pollution
Control District.
(1) Rule 417, originally adopted on April 18, 1972, amended on March
13, 2003.
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4313, adopted on March 27, 2003.
(C) San Diego County Air Pollution Control District.
(1) Rule 67.3 adopted on May 9, 1979 and amended on April 9, 2003.
(D) South Coast Air Quality Management District.
(1) Rule 1133 adopted on January 10, 2003; Rule 1133.1 adopted on
January 10, 2003; and, Rule 1133.2 adopted on January 10, 2003.
(E) Yolo-Solano Air Quality Management District.
(1) Rule 2.33, revised on March 12, 2003.
(F) Antelope Valley Air Quality Management District.
(1) Rule 1113, adopted on March 18, 2003.
(317) The plan and amended regulation for the following APCD were
submitted on August 19, 2003, by the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 4901, adopted on July 15, 1993 and amended on July 17,
2003.
(2) 2003 PM10 Plan, San Joaquin Valley Plan to Attain Federal
Standards for Particulate Matter 10 Microns and Smaller (all except
``Contingency Control Measures'' section, pages 4-53 to 4-55), adopted
on June 19, 2003, and ``Regional Transportation Planning Agency
Commitments for Implementation,'' dated April 2003 (Volume 3).
(B) [Reserved]
(318) Amended regulation for the following APCD was submitted on
September 19, 2003, by the Governor's designee.
(i) Incorporation by reference. (A) Ventura County Air Pollution
Control District.
(1) Rule 74.20, adopted on September 9, 2003.
(319) Amended regulation for the following APCD was submitted on
November 14, 2003, by the Governor's designee.
[[Page 284]]
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 1168, amended on October 3, 2003.
(320) New and amended regulations for the following APCDs were
submitted on August 11, 2003, by the Governor's designee.
(i) Incorporation by reference. (A) Monterey Bay Unified Air
Pollution Control District.
(1) Rule 438, adopted on April 16, 2003.
(2) Rule 1002, adopted on February 22, 1989 and revised on April 16,
2003.
(3) Rule 418, adopted on September 1, 1974 and revised on April 16,
2003.
(4) Rule 101, adopted on April 16, 2003.
(B) South Coast Air Quality Management District.
(1) Rule 109 adopted on May 5, 1989 and amended on May 2, 2003; and,
Rule 1131 adopted on September 15, 2000 and amended on June 6, 2003.
(C) Santa Barbara County Air Pollution Control District.
(1) Rule 102, adopted on June 19, 2003.
(321) New and amended regulations for the following APCDs were
submitted on November 4, 2003, by the Governor's designee.
(i) Incorporation by reference. (B) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 4902, adopted on June 17, 1993.
Editorial Note: The following paragraph (B) (1) was added at 69 FR
21715, Apr. 22, 2004.
(B) Kern County Air Pollution Control District.
(1) Rules 108 and 417, originally adopted on April 18, 1972, amended
on July 24, 2003.
(C) Great Basin Air Pollution Control District.
(1) Rule 101, adopted on September 24, 2003.
(2) Rule 406, adopted on January 21, 1976 and revised on September
24, 2003.
(3) Rule 407, adopted on September 5, 1974 and revised on September
24, 2003.
(D) San Diego County Air Pollution Control District.
(1) Rule 69.4, adopted on September 27, 1994 and amended on July 30,
2003.
(322) New and amended plan for the following agency was submitted on
December 9, 2003, by the Governor's designee.
(i) Incorporation by reference. (A) Kern County Air Pollution
Control District.
(1) East Kern County Ozone Attainment Demonstration, Maintenance
Plan and Redesignation Request, adopted on May 1, 2003: Chapter 5--
``Regional Forecast,'' including emissions inventory summary (Table 5-1)
and motor vehicle emissions budgets (Table 5-2); Chapter 6-- ``Emission
Control Measures,'' including contingency measures (Table 6-1); and
Appendix B-- ``Emission Inventories.''
(323) The following plan was submitted on November 30, 2001 by the
Governor's designee.
(i) Incorporation by reference. (A) Bay Area Air Quality Management
District
(1) San Francisco Bay Area Ozone Attainment Plan for the 1-hour
National Ozone Standard (Section 3: Emission Inventory; Section 5:
Control Strategy, except subsection ``Demonstrating Reasonable Further
Progress'' Appendix B: Control Measure Descriptions; Appendix C:
Reasonably Available Control Measure Analysis; Appendix E: Further Study
Measure Descriptions;) adopted on October 24, 2001.
(324) Amended regulation for the following AQMD was submitted on
April 1, 2004, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 1132, adopted on January 19, 2001 and amended on March 5,
2004.
(325) Amended regulations for the following APCD were submitted on
September 29, 2003, by the Governor's Designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rules 4305 and 4351 adopted on August 21, 2003, and Rule 4306
adopted on September 18, 2003.
(326) Amended regulations for the following APCD were submitted on
October 9, 2003, by the Governor's Designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rules 4701 and 4702 adopted on August 21, 2003.
[[Page 285]]
(327) The following plan was submitted on December 30, 2003 by the
Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Amendments to the 2003 San Joaquin Valley Plan to Attain Federal
Standards for Particulate Matter 10 Microns and Smaller, adopted
December 18, 2003.
(328) Amended regulations for the following APCDs were submitted on
January 15, 2004, by the Governor's Designee.
(i) Incorporation by reference. (A) Ventura County Air Pollution
Control District
(1) Rule 70, adopted on June 25, 1974 and revised on November 11,
2003.
(2) Rule 56, adopted on October 22, 1968 and amended on November 11,
2003.
(B) South Coast Air Quality Management District.
(1) Rule 1171, adopted on November 7, 2003.
(2) Previously approved on July 27, 2004 in paragraph
(c)(328)(i)(B)(1) of this section and now deleted without replacement,
Subsection (c)(1) (July 1, 2005 VOC limits) of Rule 1171.
(C) Monterey Bay Unified Air Pollution Control District.
(1) Rule 400, adopted on July 1, 1969, and amended on October 15,
2003.
(329) Amended regulations for the following APCDs were submitted on
February 20, 2004, by the Governor's Designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rules 2007, 2011 including protocol for Rule 2011, and 2012
including protocol for Rule 2012 amended on December 5, 2003.
(330) The following plan was submitted on April 10, 2003 by the
Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Amended 2002 and 2005 Ozone Rate of Progress Plan for San
Joaquin Valley, adopted on December 19, 2002.
(i) Appendix E, ``Regional Transportation Planning Agency
Commitments for Implementation.''
(331) New and amended regulations for the following APCDs were
submitted on June 3, 2004, by the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 4610 amended on April 17, 2003.
(2) Rule 4604, adopted on April 11, 1991, and amended on January 15,
2004.
(B) South Coast Air Quality Management District.
(1) Rule 461, originally adopted on January 9, 1976 and amended on
January 9, 2004.
(2) Rule 1105.1, adopted on November 7, 2003.
(332) Amended regulations for the following APCDs were submitted on
July 19, 2004, by the Governor's designee.
(i) Incorporation by reference. (A) Imperial County Air Pollution
Control District.
(1) Rule 403, adopted on November 19, 1985 and revised on May 18,
2004 and Rule 405, adopted prior to November 4, 1977 and revised on May
18, 2004.
(2) Rule 415, originally adopted on November 4, 1977 and revised on
May 18, 2004.
(3) Rule 425, adopted on August 5, 1989, and amended on May 18,
2004.
(4) Rule 414, Storage of Reactive Organic Compound Liquids, adopted
on December 11, 1979, and revised on May 18, 2004.
(B) Ventura County Air Pollution Control District.
(1) Rule 2, adopted on October 22, 1968, and amended on April 13,
2004.
(2) Rules 50, 52, and 53, adopted on July 2, 1968 and revised on
April 13, 2004.
(3) Rules 68 and 102, adopted on May 23, 1972 and revised on April
13, 2004.
(333) New and amended regulations for the following AQMD were
submitted on July 29, 2004, by the Governor's designee.
(i) Incorporation by reference. (A) South Coast Air Quality
Management District.
(1) Rule 2015 adopted on October 15, 1993 and amended on June 4,
2004.
(2) Amended Rules 403 (except for subdivision h), 403.1 (except for
subdivision j), and 1186, as adopted on April 2, 2004.
[[Page 286]]
(334) New and amended regulations for the following APCDs were
submitted on September 23, 2004, by the Governor's designee.
(i) Incorporation by reference. (A) Kern County Air Pollution
Control District.
(1) Rule 416.1, adopted on July 8, 2004.
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4550 and the List of Conservation Management Practices,
adopted on May 20, 2004, re-adopted on August 19, 2004.
(2) Rules 8011, 8021, 8031, 8041, 8051, and 8061, amended on August
19, 2004 and Rules 8071 and 8081, amended on September 16, 2004.
(335) New and amended regulations for the following APCDs were
submitted on January 13, 2005, by the Governor's designee.
(i) Incorporation by reference. (A) Monterey Bay Unified Air
Pollution Control District.
(1) Rule 408, adopted on September 1, 1974 and revised on September
15, 2004.
(2) Rule 438, adopted on April 16, 2003 and revised on September 15,
2004.
(3) Rule 404, adopted on December 15, 2004.
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4103, adopted on June 18, 1992 and amended on September 16,
2004.
(C) Ventura County Air Pollution Control District.
(1) Rule 74.25, adopted on October 12, 2004.
(D) South Coast Air Quality Management District.
(1) Rule 1122, adopted on October 1, 2004.
(E) Kern County Air Pollution Control District
(1) Rule 402, ``Fugitive Dust'', adopted on November 29, 1993 and
amended on November 3, 2004.
(336) New and amended regulations for the following APCDs were
submitted on April 26, 2005, by the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 4101, adopted on May 21, 1992, and amended on February 17,
2005.
(B) Ventura County Air Pollution Control District.
(1) Rules 74.6, 74.6.1, 74.12, 74.13, 74.19, 74.19.1, 74.24, and
74.30, adopted on November 11, 2003.
(C) Imperial County Air Pollution Control District.
(1) Rule 101, adopted on January 11, 2005.
(2) Rule 424, adopted on November 9, 1982 and revised on January 11,
2005.
(D) Santa Barbara County Air Pollution Control District.
(1) Rule 102, adopted on January 20, 2005.
(337) New and amended regulations for the following APCDs were
submitted on July 15, 2005, by the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Rule 4623, adopted on April 11, 1991 and amended on May 19,
2005.
(2) Rule 4403, adopted on April 11, 1991 and revised on April 20,
2005; Rule 4409 adopted on April 20, 2005; Rule 4451 adopted on April
11, 1991 and revised on April 20, 2005; Rule 4452 adopted on April 11,
1991 and revised on April 20, 2005; and, Rule 4455 adopted on April 20,
2005.
(3) Rule 4204, adopted on February 17, 2005.
(B) Ventura County Air Pollution Control District.
(1) Rule 74.14, adopted on November 24, 1987 and revised on April
12, 2005.
(2) Rule 57, adopted on July 2, 1968 and revised on January 11, 2005
and Rule 57.1, adopted on January 11, 2005.
(3) Rule 74.20, Adhesives and Sealants, adopted on June 8, 1993, and
revised on January 11, 2005.
(C) South Coast Air Quality Management District.
(1) Rules 2010, 2011, 2011 Protocol Appendix A Chapters 2-6 and
Attachments A-F, 2012, and 2012 Protocol Appendix A Chapters 2-8 and
Attachments A-G adopted on January 7, 2005.
(D) Monterey Bay Unified Air Pollution Control District.
(1) Rule 403, adopted on September 1, 1974 and revised on February
16, 2005.
(338) New and amended regulations for the following agency were
submitted on March 13, 2002, by the Governor's designee.
(i) Incorporation by reference. (A) California Air Resources Board.
[[Page 287]]
(1) California Code of Regulations, Title 17, Division 3, Chapter 1,
Subchapter 8.5, Consumer Products, Article 3, Aerosol Coating Products,
Sections 94520 to 94528, and Subchapter 8.6, Maximum Incremental
Reactivity, Article 1, Tables of Maximum Incremental Reactivity (MIR)
Values, Sections 94700 to 94701, both adopted on May 1, 2001.
(339) New and amended plans were submitted on January 9, 2004, by
the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District (SCAQMD).
(1) South Coast 2003 Air Quality Management Plan (AQMP), as adopted
by SCAQMD on August 1, 2003, and by California Air Resources Board on
October 23, 2003.
(i) Baseline and projected emissions inventories in AQMP Chapter III
Tables 3-1A and 3-3A, in Appendix III Tables A-1, A-2, A-3, A-5, and A-
7, and in Appendix V Attachment 4; SCAQMD commitment to adopt and
implement control measures CMB-07, CMB-09, WST-01, WST-02, PRC-03, BCM-
07, BCM-08, MSC-04, MSC-06, TCB-01 in AQMP Chapter 4 Table 4-8A, and in
Appendix IV-A); PM-10 reasonable further progress in AQMP Chapter 6,
Table 6-1 and in Appendix V Chapter 2; contingency measures CTY-01, CTY-
14, TCB-01 in Appendix IV-A Section 2; PM-10 attainment demonstration in
AQMP Chapter 5, and in Appendix V Chapter 2; and motor vehicle emissions
budgets in ``2003 South Coast AQMP On-Road Motor Vehicle Emissions
Budgets.''
(2) 2003 Coachella Valley PM-10 State Implementation Plan, as
adopted by SCAQMD on August 1, 2003, and by California Air Resources
Board on October 23, 2003.
(i) Baseline and projected emissions inventories in Tables 2-2, 2-3,
2-4, and 2-5; reasonable further progress in Tables 2-9 and 2-7;
attainment demonstration in Chapter 3; and motor vehicle emissions
budgets in ``2003 Coachella Valley PM-10 SIP On-Road Motor Vehicle
Emissions Budgets.''
(B) [Reserved]
(ii) Additional material.
(A) The following portions of the Final 2003 State and Federal
Strategy (2003 State Strategy) for the California State Implementation
Plan, adopted by the California Air Resources Board (ARB) on October 23,
2003:
(1) State agency commitments with respect to the following near-term
defined measures for the South Coast Air Basin: LT/MED-DUTY-1 [Air
Resources Board (ARB)], LT/MED-DUTY-2 (Bureau of Automotive Repair), ON-
RD HVY-DUTY-1 (ARB), ON-RD HVY-DUTY-3 (ARB), OFF-RD CI-1 (ARB), OFF-RD
LSI-1 (ARB), OFF-RD LSI-2 (ARB), SMALL OFF-RD-1 (ARB), SMALL OFF-RD-2
(ARB), MARINE-1 (ARB), MARINE-2 (ARB), FUEL-2 (ARB), CONS-1 (ARB), CONS-
2 (ARB), FVR-1 (ARB), FVR-2 (ARB), and PEST-1 (Department of Pesticide
Regulation) in Resolution 03-22 Attachments A-2, A-3, A-4 and A-6 Table
I-7 and in 2003 State Strategy Section I Appendix I-1 and Sections II
and III.
(B) The following portions of the South Coast 2003 Air Quality
Management Plan (AQMP), adopted by the South Coast Air Quality
Management District (SCAQMD) on August 1, 2003 and adopted by the
California Air Resources Board on October 23, 2003:
(1) Base year and future year baseline planning inventories (summer
and winter) in AQMP Chapter III and Appendix III; SCAQMD commitment to
adopt and implement control measures CTS-07, CTS-10, FUG-05, MSC-01,
MSC-03, PRC-07, WST-01, WST-02, FSS-04, FLX-01, CMB-10, MSC-05, MSC-07,
MSC-08, FSS-06, and FSS-07 in AQMP Chapter 4, Table 4-1, as qualified
and explained in AQMP, Chapter 4, pages 4-59 through 4-61 and in
Appendix IV-A Section 1, and SCAQMD commitments to achieve near-term and
long-term emissions reductions through rule adoption and implementation
in AQMP Chapter 4, Tables 4-8A and 4-8B; contingency measure CTY-01 in
AQMP Chapter 9, Table 2 and in Appendix IV-A Section 2 (excluding FSS-
05); nitrogen dioxide maintenance demonstration in AQMP Chapter 6 page
6-11; and motor vehicle emissions budget for nitrogen dioxide in year
2003 of 686 tons per day (winter planning inventory) in AQMP Chapter 6
Table 6-7.
(2) [Reserved]
(340) New and amended rules for the following agencies were
submitted on
[[Page 288]]
November 16, 2004, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District (SCAQMD).
(1) Amended Handbooks for Rules 403 (Chapters 5, 7, and 8) and 403.1
(Chapters 2, 3, 4, and 7), as adopted on April 2, 2004.
(B) Plan revisions for the Coachella Valley Planning Area.
(1) Fugitive dust control ordinances for: City of Cathedral City
Ordinance No. 583 (1/14/04), City of Coachella Ordinance No. 896 (10/8/
03), City of Desert Hot Springs Ordinance No. 2003-16 (10/7/03), City of
Indian Wells Ordinance No. 545 (11/6/03), City of Indio Ordinance No.
1357 (12/3/03), City of La Quinta Ordinance No. 391 (12/2/03), City of
Palm Desert Ordinance No. 1056 (11/13/03), City of Palm Springs
Ordinance No. 1639 (11/5/03), City of Rancho Mirage Ordinances No. 855
(12/18/03) and No. 863 (4/29/04), and County of Riverside Ordinance No.
742.1 (1/13/04).
(341) The 2004 Revision to the California State Implementation Plan
for Carbon Monoxide, Updated Carbon Monoxide Maintenance Plan for the
Ten Federal Planning Areas, submitted on November 8, 2004 by the
Governor's designee.
(i) Incorporation by reference.
(A) California Air Resources Board.
(1) 2004 Revision to the California State Implementation Plan for
Carbon Monoxide, Updated Maintenance Plan for Ten Federal Planning
Areas, adopted by the California Air Resources Board on July 22, 2004.
The ten Federal planning areas include Bakersfield Metropolitan Area,
Chico Urbanized Area, Fresno Urbanized Area, Lake Tahoe North Shore
Area, Lake Tahoe South Shore Area, Modesto Urbanized Area, Sacramento
Urbanized Area, San Diego Area, San Francisco-Oakland-San Jose Area, and
Stockton Urbanized Area.
(342) New and amended regulations for the following APCDs were
submitted on October 20, 2005, by the Governor's designee.
(i) Incorporation by reference.
(A) Yolo-Solano Air Quality Management District.
(1) Rule 2.21, adopted on March 23, 1994, and amended on September
14, 2005.
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4103, adopted on June 18, 1992 and amended on May 19, 2005.
(C) South Coast Air Quality Management District.
(1) Rule 461, adopted on January 9, 1976 and amended on June 3,
2005.
(2) Rules 2000, 2001, 2005, 2007, 2011 Protocol Appendix A Chapter
1, and 2012 Protocol Appendix A Chapter 1 adopted on May 6, 2005.
(3) Rule 463, adopted on August 15, 1977 and amended on May 6, 2005.
(4) Rule 403, adopted on May 7, 1976 and amended on June 3, 2005.
(D) Great Basin Unified Air Pollution Control District.
(1) Rule 405, adopted on September 5, 1974 and revised on July 7,
2005.
(343) An amended regulation for the following AQMD was submitted on
December 21, 2005, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rule 2002 adopted on January 7, 2005.
(344) New and amended regulations for the following APCDs were
submitted on March 10, 2006, by the Governor's designee.
(i) Incorporation by reference.
(A) Antelope Valley Air Quality Management District.
(1) Rule 442, adopted on May 7, 1976 and amended on November 15,
2005.
(2) Rule 101, ``Title,'' and Rule 102, ``Definition of Terms,''
originally adopted on February 4, 1977 and amended on May 17, 2005.
(3) Rule 106, ``Increments of Progress,'' Rule 210,
``Applications,'' Rule 212, ``Standards for Approving Permits,'' and
Rule 218, ``Stack Monitoring,'' originally adopted on January 9, 1976
and amended on May 17, 2005.
(4) Rule 108, ``Alternative Emission Control Plans,'' Rule 109,
``Recordkeeping for Volatile Organic Compound Emissions,'' Rule 208,
``Permit for Open Burning,'' Rule 220, ``Exemption--Net Increase in
Emissions,'' Rule 221, ``Plans,'' and Rule 226, ``Limitations on
Potential to Emit,'' originally adopted on March 2, 1990, May 5, 1989,
October 8, 1976, November 4, 1977, January 4, 1985,
[[Page 289]]
and March 17, 1998, respectively, and amended on May 17, 2005.
(B) Lake County Air Quality Management District.
(1) Chapter VIII, Section 1002 and Table 8, adopted on March 19,
1996 and amended on August 9, 2005.
(C) San Joaquin Valley Unified Air Quality Management District.
(1) Rule 4308, adopted on October 20, 2005; Rule 4309, adopted on
December 15, 2005; and Rule 4905, adopted on October 20, 2005.
(D) Ventura County Air Pollution Control District.
(1) Rule 74.9, Stationary Internal Combustion Engines, adopted on
November 8, 2005.
(345) New and amended regulations for the following APCDs were
submitted on June 16, 2006, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rule 102, adopted on December 3, 2004.
(2) Rule 1178 adopted on December 21, 2001, and amended on April 7,
2006.
(B) Sacramento Metropolitan Air Quality Management District.
(1 ) Rule 411, adopted on October 27, 2005.
(C) Ventura County Air Pollution Control District.
(1) Rule 11, ``Definitions for Regulation II,'' and Rule 29,
``Conditions on Permits,'' adopted on June 13, 1995 and May 23, 1972,
respectively, and revised on March 14, 2006.
(2) Rule 26, ``New Source Review--General,'' Rule 26.2, ``New Source
Review--Requirements,'' Rule 26.3, ``New Source Review--Exemptions,''
Rule 26.4, ``New Source Review--Emissions Banking,'' Rule 26.5, ``New
Source Review--Essential Public Service Bank,'' and Rule 26.6, ``New
Source Review--Calculations,'' originally adopted on October 22, 1991
and now revised on March 14, 2006.
(D) Great Basin Unified Air Pollution Control District
(1) Rule 201, ``Exemptions,'' adopted on September 5, 1974 and
revised on January 23, 2006.
(E) Imperial County Air Pollution Control District.
(1) Rule 800,``General Requirements for Control of Fine Particulate
Matter (PM-10),'' adopted on October 10, 1994, revised on November 25,
1996 and revised on November 8, 2005.
(2) Rule 801,``Construction & Earthmoving Activities,'' Rule 802,
``Bulk Materials,'' Rule 803,``Carry-Out & Track-Out,'' Rule 804,``Open
Areas,'' Rule 805,''Paved & Unpaved Roads,`` Rule 806,''Conservation
Management Practices,'' adopted on November 8, 2005.
(346) New and amended plans for the following AQMD were submitted on
February 24, 2006, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District (SCAQMD).
(1) 2005 Carbon Monoxide Redesignation Request and Maintenance Plan
for the South Coast Air Basin, as adopted by SCAQMD on March 4, 2005,
and by California Air Resources Board on February 24, 2006.
(347) New and amended regulations for the following APCDs were
submitted on October 5, 2006, by the Governor's designee.
(i) Incorporation by reference.
(A) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4307, adopted on April 20, 2006.
(2) Rule 4352, ``Solid Fuel Fired Boilers, Steam Generators and
Process Heaters,'' amended on May 18, 2006.
(B) South Coast Air Quality Management District.
(1) Rule 1118 adopted February 13, 1998, and amended November 4,
2005.
(2) Rule 1127, ``Emissions Reductions from Livestock Waste,''
adopted on August 6, 2004.
(C) Mojave Desert Air Quality Management District.
(1) Rule 442, Adopted: 5/7/76; CARB Ex. Ord. G-73: 02/01/77;
Readopted: 07/25/77; Amended: 02/02/79; Amended: 02/27/06.
(D) Ventura County Air Pollution Control District.
(1) Rule 74.30, Wood Products Coatings, adopted May 17, 1994 and
revised on June 27, 2006.
(348) New and amended rules for the following APCDs were submitted
on December 29, 2006 by the Governor's designee.
[[Page 290]]
(i) Incorporation by reference.
(A) San Joaquin Valley Air Pollution Control District.
(1) Rule 4354, adopted on August 17, 2006.
(2) Rule 9310, ``School Bus Fleets,'' adopted on September 21, 2006.
(3) Rule 9510, ``Indirect Source Review (ISR),'' adopted on December
15, 2005.
(B) South Coast Air Quality Management District.
(1) Rule 1156, adopted on November 4, 2005.
(349) San Francisco Bay Area Transportation Air Quality Conformity
Protocol--Conformity Procedures and Interagency Consultation Procedures
was submitted on December 20, 2006, by the Governor's designee.
(i) Incorporation by reference.
(A) Association of Bay Area Governments (ABAG), Bay Area Air Quality
Management District (BAAQMD), and Metropolitan Transportation Commission
(MTC).
(1) The San Francisco Bay Area Transportation Air Quality Conformity
Protocol--Conformity Procedures (July 26, 2006) and San Francisco Bay
Area Transportation Air Quality Conformity Protocol--Interagency
Consultation Procedures (July 26, 2006), adopted by BAAQMD on July 19,
2006, by ABAG on July 20, 2006, and by MTC on July 26, 2006.
(350) New and amended regulations were submitted on May 8, 2007, by
the Governor's designee.
(i) Incorporation by reference.
(A) Great Basin Unified Air Pollution Control District.
(1) Rule 431, adopted on December 7, 1990 and revised on December 4,
2006.
(2) Rule 401, ``Fugitive Dust'', adopted on September 5, 1974 and
amended on December 04, 2006.(B) Mojave Desert Air Quality Management
District.
(1) Rule 444, adopted on October 8, 1976 and amended on September
25, 2006.
(2) Rule 1106, Marine Coating Operations, adopted on August 28, 2006
and amended on October 23, 2006.
(C) San Joaquin Valley Unified Air Pollution Control District.
(1 ) Rule 4702, adopted on August 21, 2003 and amended on January
18, 2007.
(2) Rule 4401, ``Steam-Enhanced Crude Oil Production Wells,''
adopted on December 14, 2006.(D) South Coast Air Quality Management
District.
(1) Rule 1107, Coating of Metal Parts and Products, adopted on June
1, 1979, and amended on January 6, 2006.
(E) Ventura County Air Pollution Control District.
(1) Rule 26.1, ``New Source Review--Definitions,'' originally
adopted on October 22, 1991 and now revised on November 14, 2006.
(351) New and amended regulation for the following APCDs were
submitted on August 24, 2007, by the Governor's designee.
(i) Incorporation by reference.
(A) Imperial County Air Pollution Control District.
(1) Rule 101, Adopted 7/28/81; revised 9/14/99; 1/16/2001; 12/11/
2001; 08/13/02; 01/11/2005; 10/10/2006.
(2) Rule 420, ``Beef Feedlots,'' adopted on October 10, 2006.
(3) Rule 201, ``Permits Required'' amended on October 10, 2006.
(4) Rule 202, ``Exemptions'' amended on October 10, 2006.
(B) Monterey Bay Unified Air Pollution Control District.
(1) Rule 101, Adopted 9-1-74; Revised 12-21-83; 12-13-84; 11-13-96;
11-12-98; and 12-15-1999; and 4-16-03; and 2-21-07.
(2) Rules 415 and 418, adopted on September 1, 1974 and revised on
February 21, 2007 and March 21, 2007, respectively.
(3) Rule 1002, adopted on February 22, 1989 and revised on March 21,
2007.
(C) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4104, ``Reduction of Animal Matter,'' Rule 4404, ``Heavy
Oil Test Station--Kern County,'' adopted May 21, 1992 and amended on
December 17, 1992.
(2) Rule 4641, ``Cutback, Slow Cure, and Emulsified Asphalt, Paving
and Maintenance Operations,'' Rule 4672, ``Petroleum Solvent Dry
Cleaning Operations,'' adopted April 11, 1991 and amended on December
17, 1992.
(3) Rule 4453, ``Refinery Vacuum Producing Devices or Systems,''
adopted on May 21, 1992 and amended on December 17, 1992.
(4) Rule 4454, ``Refinery Process Unit Turnaround,'' adopted on May
21, 1992 and amended on December 17, 1992.
[[Page 291]]
(5) Rule 4402, ``Crude Oil Production Sumps'', adopted on April 11,
1991 and amended December 17, 1992.
(6) Rule 4625, ``Wastewater Separators'', adopted on April 11, 1991
and amended December 17, 1992.
(7) Rule 4565, ``Biosolids, Animal Manure, and Poultry Litter
Operations'', adopted on March 15, 2007.
(D) Kern County Air Pollution Control District.
(1) Rule 404.1, adopted on April 18, 1972 and amended on January 24,
2007.
(i) Resolution No. 2007-001-01, Reference No. Item 5, Adoption of
Amendments to Rules and Regulations of the Kern County Air Pollution
Control District; to Wit: Rule 404.1.
(2) Rule 431, adopted on January 24, 2007 and amended on March 8,
2007.
(i) Resolution No. 2007-003-03, Reference No. Item 3, Amendments to
Rules and Regulations of the Kern County Air Pollution Control District;
To Wit: Rule 431 (Propellant Combustion and Rocket Testing).
(352) New and amended regulations were submitted on September 5,
2007, by the governor's designee.
(i) Incorporation by reference.
(A) Sacramento Metropolitan Air Quality Management District.
(1 ) Rule 413, adopted on April 6, 1995 and amended on March 24,
2005.
(353) New and amended regulations were submitted on August 12, 2002,
by the Governor's designee.
(i) Incorporation by reference.
(A) Bay Area Air Quality Management District.
(1) Rule 9-10, Inorganic Gaseous Pollutants: Nitrogen Oxides and
Carbon Monoxide from Boilers, Steam Generators, and Process Heaters in
Petroleum Refineries, adopted on July 17, 2002.
(354) New and amended regulations for the following APCDs were
submitted on March 7, 2008, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rule 2004, ``Requirements'' adopted on October 15, 1993 and
amended on April 6, 2007.
(2) Rule 2007, ``Trading Requirements'' adopted on October 15, 1993
and amended April 6, 2007.
(3) Rule 2010, ``Administrative Remedies and Sanctions'' adopted on
October 15, 1993 and amended on April 6, 2007.
(4) Rule 1146.2, ``Emissions of Oxides of Nitrogen From Large Water
Heaters and Small Boilers and Process Heaters,'' adopted on January 8,
1998 and amended on May 5, 2006.
(5) Rule 1113, ``Architectural Coatings,'' amended on July 13, 2007.
(B) Mojave Desert Air Quality Management District.
(1) Rule 1162, Polyester Resin Operationss, adopted on August 27,
2007
(C) Sacramento Metropolitan Air Quality Management District
(1) Rule 411, ``NOx from Boilers, Process Heaters and Steam
Generators'' adopted on October 27, 2005 and amended on August 23, 2007.
(D) Monterey Bay Unified Air Pollution Control District.
(1) Rule 427, ``Steam Drive Crude Oil Production Wells,'' adopted on
January 16, 1980 and amended on October 17, 2007.
(E) San Joaquin Valley Unified Air Pollution Control District
(1) Rule 4662, ``Organic Solvent Degreasing Operations,'' Adoption
April 11, 1991 and amended September 20, 2007
(2) Rule 4663, ``Organic Cleaning Storage, and Disposal,'' Adoption
December 20, 2001 and amended September 20, 2007
(3) Rule 4624, ``Transfer of Organic Liquid,'' adopted on December
20, 2007.
(4) Rule 4653, ``Adhesives,'' adopted on September 20, 2007.
(5) Rule 4703, ``Stationary Gas Turbines,'' adopted on September 20,
2007.
(6) Rule 4621, ``Gasoline Transfer into Stationary Storage
Containers, Delivery Vessels, and Bulk Plants,'' amended on December 20,
2007.
(7) Rule 4622, ``Gasoline Transfer into Motor Vehicle Fuel Tanks,''
amended on December 20, 2007.
(8) Rule 4651, ``Soil Decontamination Operations,'' amended on
September 20, 2007.
(9) Rule 4604, ``Can and Coil Coating Operations,'' adopted on
September 20, 2007.
(10) Rule 4612, ``Motor Vehicle and Mobile Equipment Coating
Operations-Phase II,'' adopted on September 20, 2007.
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(11) Rule 4605, ``Aerospace Assembly and Component Coating
Operations,'' adopted on September 20, 2007.
(12) 4684, ``Polyester Resin Operations,'' adopted on September 20,
2007.
(13) Rule 4661, ``Organic Solvents,'' amended on September 20, 2007.
(14) Rule 2020, ``Exemptions,'' adopted on September 19, 1991 and
amended on December 20, 2007.
(F) San Diego Air Pollution Control District.
(1) Rule 67.6.1, ``Cold Solvent Cleaning and Stripping Operations,''
adopted May 23, 2007.
(2) Rule 67.6.2, ``Vapor Degreasing Operations,'' adopted May 23,
2007.
(3) Rule 67.0, ``Architectural Coatings,'' adopted on December 12,
2001.
(G) Northern Sierra Air Quality Management District.
(1) Rule 227, ``Cutback and Emulsified Asphalt Paving Materials,''
adopted on November 27, 2006.
(355) The following plan revision was submitted on November 30,
2007, by the Governor's designee.
(i) Incorporation by reference.
(A) California Air Resources Board.
(1) Attachment 3 to Executive Order S-07-003, Appendix H, Revised
Proposed Revision to the Pesticide Element of the 1994 Ozone SIP for the
Ventura County Nonattainment Area (August 13, 2007).
(2) California Air Resources Board, Executive Order S-07-003,
November 30, 2007; to Wit: Revised Pesticide Element of the 1994 Ozone
SIP for the Ventura County Nonattainment Area.
(356) The following plan was submitted on November 16, 2007, by the
Governor's Designee.
(i) Incorporation by reference.
(A) San Joaquin Valley Air Pollution Control District.
(1) 2007 PM10 Maintenance Plan and Request for Redesignation,
adopted by the San Joaquin Valley Air Pollution Control District on
September 20, 2007, section 6. Contingency Plan on pages 16 to 17.
(ii) Additional materials.
(A) San Joaquin Valley Air Pollution Control District.
(1) 2007 PM10 Maintenance Plan and Request for Redesignation,
adopted by the San Joaquin Valley Air Pollution Control District on
September 20, 2007, except for Appendices A through F.
(2) State of California, Air Resources Board, Staff Report, Analysis
of the San Joaquin Valley 2007 PM10 Maintenance Plan, Release Date:
October 12, 2007, Appendix B Emission Inventory.
(3) Letter dated May 13, 2008, from James N. Goldstene, California
Air Resources Board, to Wayne Nastri, EPA, providing revised motor
vehicle emission budgets for the 2007 San Joaquin Valley PM10
Maintenance Plan.
(B) State of California Air Resources Board.
(1) Proposed State Strategy for California's 2007 State
Implementation Plan, adopted on September 27, 2007.
(2) CARB Resolution No. 07-28 with Attachments A and B, September
27, 2007. Commitment to achieve the total emissions reductions necessary
to attain the Federal standards in the SJV air basin, which represent
2.3 tons per day (tpd) of direct PM2.5 and 17.1 tpd of
nitrogen oxides by 2014 for purposes of the 1997 PM2.5 NAAQS,
as described in Resolution No. 07-28 at Attachment B, pp. 3-6, and
modified by CARB Resolution No. 09-34 (April 24, 2009) adopting ``Status
Report on the State Strategy for California's 2007 State Implementation
Plan (SIP) and Proposed Revisions to the SIP Reflecting Implementation
of the 2007 State Strategy'' and by CARB Resolution No. 11-24 (April 28,
2011) adopting the ``Progress Report on Implementation of
PM2.5 State Implementation Plans (SIP) for the South Coast
and San Joaquin Valley Air Basins and Proposed SIP Revisions.''
(3) Executive Order S-07-002, Relating to Approval of the State
Strategy for California's State Implementation Plan (SIP) for the
Federal 8-Hour Ozone and PM2.5 Standards, November 16, 2007.
(4) CARB Resolution No. 07-28 with Attachments A and B, September
27, 2007. Commitments to achieve the total emissions reductions
necessary to attain the Federal standards in the SJV air basin, which
represent aggregate emissions reductions of 24 tons per day (tpd) of
volatile organic compounds (VOC) and 46 tpd of nitrogen oxides
(NOX) by 2023 from existing technologies and 81 tpd of
NOX by 2023 from new technologies and to achieve 23 tpd
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of VOC by 2014; 88-93 tpd of NOX by 2017; 24 tpd of VOC and
56 tpd of NOX by 2020 as provided in CARB Resolution 07-28,
Attachment B, pp. 3-6 as modified by the 2009 State Strategy Status
Report, pp. 20-21 as adopted by CARB Resolution No. 09-34 (April 24,
2009).
(357) The following commitments were submitted on February 29, 2008,
by the Governor's Designee:
(i) Incorporation by reference.
(A) Commitments for the installation and operation of a FRM or FEM
PM-10 monitor and SIP development and submittal.
(1 ) Resolution No. 2008-001-02, adopted by the Air Pollution
Control Board, Kern County Air Pollution Control District on February
27, 2008.
(2 ) Executive Order S-08-004, adopted by the California Air
Resources Board on March 3, 2008.
(358) The 8-Hour Ozone Reasonable Available Control Technology State
Implementation Plans (RACT)(SIP) for the following Air Quality
Management Districts (AQMDs)/Air Pollution Control Districts (APCDs)
were submitted on January 31, 2007, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Resolution 06-24 (A Resolution of the South Coast Air Quality
Management District (SCAQMD) Board certifying that the SCAQMD's current
air pollution rules and regulations fulfill the 8-hour Reasonably
Available Control Technology (RACT) requirements, and adopting the RACT
SIP revision, dated July 14, 2006.
(2) South Coast Air Quality Management District (SCAQMD) Staff
Report, SCAQMD 8-Hour Ozone Reasonably Available Control Technology
(RACT) State Implementation Plan (SIP) Demonstration, including
appendices, dated June 2006.
(3) Notice of Exemption from the California Environmental Quality
Act, SCAQMD 8-Hour Ozone Reasonably Available Control Technology (RACT)
State Implementation Plan (SIP), dated June 2, 2006.
(4) EPA comment letter to South Coast Air Quality Management
District dated June 28, 2006, on 8-hour Ozone Reasonably Available
Control Technology--State Implementation Plan (RACT SIP) Analysis, draft
staff report dated May 2006, from Andrew Steckel, Chief, Rulemaking
Office, U.S. EPA to Mr. Joe Cassmassi, Planning and Rules Manager, South
Coast Air Quality Management District.
(B) Ventura County Air Pollution Control District.
(1) Ventura County Air Pollution Control Board Resolution approving
and adopting the 2006 Reasonably Available Control Technology State
Implementation Plan Revision, dated June 27, 2006.
(2) Final Ventura County Air Pollution Control District 2006
Reasonably Available Control Technology (RACT) State Implementation Plan
(SIP) Revision, including Tables A-1, A-2, B, C, and D, dated June 27,
2006.
(359) New and amended regulations were submitted on July 18, 2008,
by the Governor's designee.
(i) Incorporation by reference.
(A) North Coast Unified Air Quality Management District.
(1) Rule 104.2, ``Visible Emissions,'' Rule 104.3, ``Particulate
Matter,'' Rule 104.4, ``Fugitive Dust Emissions,'' and Rule 104.10,
``Petroleum Loading and Storage,'' originally adopted on November 3,
1982 and revised on May 19, 2005.
(2) Rule 200, ``Effective Date and Definitions,'' Rule 202, ``Burn
Hours and Notice of Ignition,'' Rule 203, ``General Burn Practices,
Requirements, and Conditions,'' Rule 204, ``Ignition Devices and
Methods,'' Rule 207, ``Wildland Vegetation Management,'' and Rule 208,
``Burn Registration Program,'' originally adopted on July 18, 2003 and
revised on May 15, 2005; Rule 201, ``General Prohibitions and Exemptions
for Selected Open Burning'' originally adopted on July 18, 2003 and
revised on May 17, 2007; Rule 205, ``Certificates from Department of
Fish and Game,'' adopted on July 18, 2003; and Rule 206, ``Burning at
Disposal Sites,'' originally adopted on July 18, 2003 and revised on
December 16, 2004.
(3) Rule 100, ``General Provisions,'' originally adopted on November
3, 1982 and amended on May 19, 2005.
(4) Rule 101, ``Definitions,'' originally adopted on November 3,
1982 and
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amended on May 19, 2005 and May 15, 2008.
(5) Rule 108, ``Severability of Rules and Regulations,'' originally
adopted on May 19, 2005.
(B) South Coast Air Quality Management District
(1) Rule 1121, ``Fuel Burning Equipment,'' adopted on December 10,
1999 and amended on September 3, 2004.
(2) Rule 445, ``Wood Burning Devices,'' adopted on March 7, 2008.
(C) Placer County Air Pollution Control District.
(1) Rule 212, ``Storage of Organic Liquids,'' adopted on May 24,
1977 and amended on June 19, 1997.
(2) Rule 216, ``Organic Solvent Cleaning and Degreasing
Operations,'' amended on December 11, 2003.
(3) Rule 215, ``Transfer of Gasoline Into Trucks, Trailers, and
Railroad Tank Cars at Loading Facilities,'' adopted on June 19, 1997.
(D) Antelope Valley Air Quality Management District.
(1) Rule 444, ``Open Outdoor Fires,'' adopted on October 8, 1976 and
revised on February 19, 2008.
(E) Santa Barbara County Air Pollution Control District.
(1) Rule 361, ``Small Boilers, Steam Generators and Process
Heaters,'' adopted on January 17, 2008.
(F) San Diego County Air Pollution Control District.
(1) Rule 61.4, ``Transfer of Volatile Organic Compounds into Vehicle
Fuel Tanks,'' revised on March 26, 2008.
(360) New and amended regulations were submitted on May 20, 2008 by
the Governor's designee.
(i) Incorporation by Reference.
(A) South Coast Air Quality Management District
(1) Rule 1110.2, ``Gaseous- and Liquid-Fueled Internal Combustion
Engines, adopted on August 3, 1990 and amended February 1, 2008.
(361) New and amended regulations were submitted on October 20,
2008, by the governor's designee.
(i) Incorporation by Reference.
(A) Santa Barbara County Air Pollution Control District.
(1) Rule 102, ``Definitions,'' adopted on October 18, 1971 and
revised on June 19, 2008.
(2) Rule 333, ``Control of Emissions from Reciprocating Internal
Combustion Engines,'' adopted on June 19, 2008.
(3) Rule 339, ``Motor Vehicle and Mobile Equipment Coating
Operations,'' revised on June 19, 2008.
(B) Antelope Valley Air Quality Management District
(1) Rule 1173, ``Fugitive Emissions of Volatile Organic Compounds,''
adopted July 7, 1989 and amended June 17, 2008.
(362) New and amended regulations were submitted on April 29, 2009
by the Governor's designee.
(i) Incorporation by Reference.
(A) San Diego Air Pollution Control District.
(1) Rule 27.1, ``Federal Requirements for the San Diego County Air
Pollution Control District's Alternative Mobile Source Emission
Reduction Program Approved On September 8, 2000,'' adopted and effective
on August 8, 2008.
(B) South Coast Air Quality Management District.
(1) Rule 1168, ``Adhesive and Sealant Applications,'' amended on
January 7, 2005.
(2) Rule 1156, ``Further Reductions of Particulate Emissions from
Cement Manufacturing Facilities,'' amended on March 6, 2009.
(C) Sacramento Metropolitan Air Quality Management District.
(1) Rule 450, ``Graphic Arts Operations,'' adopted October 23, 2008.
(D) San Joaquin Valley Air Pollution Control District.
(1) Rule 4902, ``Residential Water Heaters,'' amended on March 19,
2009.
(363) New and amended regulations were submitted on March 17, 2009
by the Governor's designee.
(i) Incorporation by Reference.
(A) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 1020, ``Definitions,'' adopted on June 18, 1992 and amended
on January 15, 2009.
(2) Rule 4607, ``Graphic Arts and Paper, Film, Foil, and Fabric
Coatings,'' adopted on December 18, 2008.
(3) Rule 4306, ``Boilers, Steam Generators and Process Heaters--
Phase 3, '' adopted on October 16, 2008.
(4) Rule 4307, ``Boilers, Steam Generators and Process Heaters--2.0
MMbtu/hr to 5.0 MMbtu/hr,'' adopted on October 16, 2008.
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(5) Rule 2201, ``New and Modified Stationary Source Review Rule,''
adopted on September 19, 1991, and amended on December 18, 2008.
(6) Rule 2530, ``Federally Enforceable Potential to Emit,'' adopted
on June 15, 1995, and amended on December 18, 2008.
(7) Rule 4320, ``Advance Emission Reduction Options for Boilers,
Steam Generators and Process Heaters greater than 5.0 MMbtu/hr,''
adopted on October 16, 2008.
(B) Santa Barbara County Air Pollution Control District.
(1) Rule 102, ``Definitions,'' adopted on October 18, 1971 and
amended on January 15, 2009.
(2) Rule 316, ``Storage and Transfer of Gasoline,'' adopted on
January 15, 2009.
(C) Yolo Solano Air Quality Management District
(1) Rule 3.21, ``Rice Straw Emission Reduction Credits,'' adopted on
December 10, 2008.
(D) Placer County Air Pollution Control District.
(1) Rule 231, ``Industrial, Institutional and Commercial Boiler,
Steam Generator and Process Heaters,'' amended on October 9, 1997.
(E) Ventura County Air Pollution Control District.
(1) Rule 74.18, ``Motor Vehicle and Mobile Equipment Coating
Operations,'' revised on November 11, 2008.
(364) New and amended regulations were submitted on December 23,
2008 by the Governor's designee.
(i) Incorporation by Reference.
(A) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4606, ``Wood Products and Flat Wood Paneling Product
Coating Operations,'' adopted on October 16, 2008.
(2) Rule 4901, ``Wood Burning Fireplaces and Wood Burning Heaters,''
amended on October 16, 2008.
(3) Rule 4603, ``Surface Coating of Metal Parts and Products,''
adopted on October 16, 2008.
(B) South Coast Air Quality Management District.
(1) Rule 1158, ``Storage, Handling, and Transport of Coke, Coal and
Sulfur,'' amended July 11, 2008.
(2) Rule 1186, ``PM10 Emissions from Paved and Unpaved
Roads and Livestock Operations,'' amended on July 11, 2008.
(C) Yolo-Solano Air Quality Management District.
(1) Rule 2.41, ``Expandable Polystyrene Manufacturing Operations,''
adopted on September 10, 2008.
(D) Mojave Desert Air Quality Management District.
(1) Rule 1165, ``Glass Melting Furnaces,'' amended on August 25,
2008.
(365) New and amended regulations were submitted on March 27, 2008,
by the Governor's designee.
(i) Incorporation by Reference.
(A) California Air Resources Board.
(1) Barclays Official California Code of Regulations, Title 17
Public Health, Division 3 Air Resources, Chapter 1 Air Resources Board,
Subchapter 8.5 Consumer Products, Article 1 Antiperspirants and
Deodorants, amendment filed 6-20-2005, operative 7-20-2005.
(2) Barclays Official California Code of Regulations, Title 17
Public Health, Division 3 Air Resources, Chapter 1 Air Resources Board,
Subchapter 8.5 Consumer Products, Article 2 Consumer Products, amendment
filed 11-8-2007, operative 12-8-2007.
(3) Barclays Official California Code of Regulations, Title 17
Public Health, Division 3 Air Resources, Chapter 1 Air Resources Board,
Subchapter 8.5 Consumer Products, Article 3 Aerosol Coating Products,
amendment filed 11-8-2007, operative 12-8-2007.
(366) New and amended regulations for the following agencies were
submitted on April 6, 2009, by the Governor's designee.
(i) Incorporation by reference.
(A) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4103, ``Open Burning,'' amended May 17, 2007.
(B) South Coast Air Quality Management District.
(1) Rule 1125, ``Metal Container, Closure, and Coil Coating
Operations,'' amended on March 7, 2008.
(2) Rule 1149, ``Storage Tank and Pipeline Cleaning and Degassing,''
amended on May 2, 2008.
(3) Rule 1162, ``Polyester Resin Operations,'' amended on July 8,
2005.
(4) Rule 1151, ``Motor Vehicle and Mobile Equipment Non-Assembly
Line
[[Page 296]]
Coating Operations,'' amended on December 2, 2005.
(C) Antelope Valley Air Quality Management District.
(1) Rule 461, ``Gasoline Transfer and Dispensing,'' adopted on
October 21, 2008.
(367) The following plan was submitted on December 19, 2007, by the
Governor's Designee.
(i) [Reserved]
(ii) Additional material.
(A) Monterey Bay Unified Air Pollution Control District (MBUAPCD).
(1) 2007 Federal Maintenance Plan for Maintaining the National Ozone
Standard in the Monterey Bay Region (Monterey Maintenance Plan),
excluding Appendix A.
(2) MBUAPCD Board of Directors Certified Minutes and Resolution
dated March 21, 2007, adopting the Monterey Maintenance Plan.
(3) Letter dated May 10, 2007, from Association of Monterey Bay Area
Governments (AMBAG) to MBUAPCD, confirming AMBAG's approval of the
Monterey Maintenance Plan on May 9, 2007.
(4) California Air Resources Board Executive Order G-07-
68, dated December 19, 2007, adopting the Monterey Maintenance Plan.
(368) New and amended regulations were submitted on June 26, 2009 by
the Governor's designee.
(i) Incorporation by Reference.
(A) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4570, ``Confined Animal Facilities,'' adopted on June 18,
2009.
(369)-(370) [Reserved]
(371) An amended plan was submitted on September 8, 2008 by the
Governor's designee.
(i) [Reserved]
(ii) Additional Material.
(A) San Joaquin Valley Air Pollution Control District.
(1) ``Clarifications Regarding the 2004 Extreme Ozone Attainment
Demonstration Plan for the Revoked Federal 1-hr Ozone Standard'' adopted
by the SJVAPCD on August 31, 2008 and by CARB on September 5, 2008.
(B) State of California Air Resources Board.
(1) Executive Order S-08-012, ``Approval and Submittal of Amendments
to the 2004 San Joaquin Valley 1-hour Ozone Attainment Plan,'' dated
September 5, 2008.
(372) The following revisions to the California Motor Vehicle
Inspection and Maintenance Program were submitted on June 5, 2009 (2009
I/M Revision), by the Governor's Designee.
(i) Incorporation by reference. (A) California Air Resources Board.
(1) California Code of Regulations, Title 16 (Professional and
Vocational Regulations), Division 33 (Bureau of Automotive Repair),
Chapter 1 (Automotive Repair Dealers and Official Stations and
Adjusters), Article 1 (General Provisions), sections 3303.1, ``Public
Access to License, Administrative Action, and Complaint Information''
(operative July 20, 2007); 3303.2, ``Review of Applications for
Licensure, Registration and Certification; Processing Time'' (operative
July 9, 2003); Article 5.5 (Motor Vehicle Inspection Program), sections
3340.1, ``Definitions'' (operative June 29, 2006); 3340.7, ``Fee for
Inspection at State-Contracted Test-Only Facility'' (operative August
17, 1995); 3340.9, ``Repair Assistance Program'' (operative October 30,
2000); 3340.10, ``Licensing of Smog Check Stations'' (operative July 26,
1996); 3340.15, ``General Requirements for Smog Check Stations''
(operative July 9, 2003); 3340.16, ``Test-Only Station Requirements''
(operative August 1, 2007); 3340.16.5, ``Test-and-Repair Station
Requirements'' (operative June 29, 2006); 3340.17, ``Test Equipment,
Electronic Transmission, Maintenance and Calibration Requirements''
(operative June 29, 2006); 3340.18, ``Certification of Emissions
Inspection System Calibration Gases and Blenders of Gases'' (operative
July 9, 2003); 3340.22.1, ``Smog Check Station Service Signs''
(operative February 1, 2001); 3340.22.2, ``Smog Check Station Repair
Cost Limit Sign'' (operative February 1, 2001); 3340.23, ``Licensed Smog
Check Station That Ceases Operating As a Licensed Station'' (operative
June 23, 1995); 3340.24, ``Suspension, Revocation, and Reinstatement of
Licenses'' (operative June 23, 1995); 3340.28, ``Licenses and
Qualifications for Technicians'' (operative January 17, 2009); 3340.29,
``Licensing of Technicians'' (operative January 17, 2009); 3340.30,
``General Requirements for Licensed Technicians''
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(operative June 23, 1995); 3340.31, ``Retraining of Licensed
Technicians'' (operative June 23, 1995); 3340.32, ``Standards for the
Certification of Institutions Providing Retraining to Licensed
Technicians or Prerequisite Training to Those Seeking to Become Licensed
Technicians'' (operative July 9, 2003); 3340.32.1, ``Standards for the
Decertification and Recertification of Institutions Providing Retraining
to Licensed Technicians or Prerequisite Training to Those Seeking to
Become Licensed Technicians'' (operative June 23, 1995); 3340.33,
``Standards for the Certification of Basic and Advanced Instructors
Providing Retraining to Intern, Basic Area, and Advanced Emission
Specialist Licensed Technicians or Prerequisite Training to Those
Seeking to Become Intern, Basic Area, or Advanced Emission Specialist
Licensed Technicians'' (operative February 1, 2001); 3340.33.1,
``Standards for the Decertification and Recertification of Instructors
Providing Retraining to Licensed Technicians or Prerequisite Training to
Those Seeking to Become Licensed Technicians'' (operative June 23,
1995); 3340.35, ``A Certificate of Compliance, Noncompliance, Repair
Cost Waiver or an Economic Hardship Extension'' (operative June 25,
1998); 3340.35.1, ``A Certificate of Compliance, Noncompliance, Repair
Cost Waiver or an Economic Hardship Extension Fee Calculation''
(operative December 2, 1998); 3340.36, ``Clearing Enforcement Forms''
(operative July 26, 1996); 3340.37, ``Installation of Oxides of Nitrogen
(NOx) Devices)'' (operative July 26, 1996); 3340.41, ``Inspection, Test,
and Repair Requirements'' (operative June 29, 2006); 3340.42,
``Mandatory Smog Check Inspection and Test Procedures, and Emissions
Standards'' (operative January 11, 2008); 3340.50, ``Fleet Facility
Requirements'' (operative February 15, 2002); 3340.50.3, ``Fleet Records
and Reporting Requirements'' (operative June 23, 1995); 3340.50.4,
``Fleet Certificates'' (operative June 25, 1998); 3340.50.5 ``Suspension
or Rescission of Fleet Facility License'' (operative June 23, 1995);
Article 10 (Gold Shield Program), sections 3392.1, ``Gold Shield Program
(GSP)'' (operative May 28, 2003); 3392.2, ``Responsibilities of Smog
Check Stations Certified as Gold Shield'' (operative August 1, 2007);
3392.3, ``Eligibility for Gold Shield Certification; Quality Assurance''
(operative May 28, 2003); 3392.4, ``Gold Shield Guaranteed Repair (GSGR)
Program Advertising Rights'' (operative May 28, 2003); 3392.5, ``Causes
for Invalidation of Gold Shield Station Certification'' (operative May
28, 2003); 3392.6, ``Gold Shield Program Hearing and Determination''
(operative May 28, 2003); Article 11 (Consumer Assistance Program),
sections 3394.1, ``Purpose and Components of the Consumer Assistance
Program'' (operative October 30, 2000); 3394.2, ``Consumer Assistance
Program Administration'' (operative October 30, 2000); 3394.3, ``State
Assistance Limits'' (operative October 30, 2000); 3394.4, ``Eligibility
Requirements'' (operative August 12, 2008); 3394.5, ``Ineligible
Vehicles'' (operative October 30, 2000); 3394.6, ``Application and
Documentation Requirements'' (operative July 31, 2006).
(ii) Additional material. (A) California Air Resources Board. (1)
Executive Order S-09-008, dated June 9, 2009, adopting the 2009 I/M
Revision.
(2) Non-regulatory portion of the Revised State Implementation Plan
for California's Motor Vehicle Inspection & Maintenance Program (April
7, 2009), excluding chapter 51.351 (except as it applies to the San
Francisco Bay Area), chapter 51.352, and attachments 4 and 5.
(3) Health and Safety Code (2009): Division 26, Part 1, Chapter 2,
section 39032.5; Part 5, Chapter 5 (Motor Vehicle Inspection Program),
Articles 1-9.
(4) Business and Professions Code (2008): Division 3, Chapter 20.3
(Automotive Repair), Article 4, sections 9886, 9886.1, 9886.2, 9886.3,
9886.4.
(5) Vehicle Code (2009): Division 3, Chapter 1 (Original and Renewal
of Registration; Issuance of Certificates of Title), Article 1, sections
4000.1, 4000.2, 4000.3, 4000.6.
(373) The following revisions to the California Motor Vehicle
Inspection and Maintenance Program were submitted on October 28, 2009,
by the Governor's Designee.
(i) [Reserved]
(ii) Additional material. (A) California Air Resources Board. (1)
California I/M
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Program SIP Revision--Additional Enhanced I/M Performance Modeling,
Tables of Results, excluding New Mobile 6 Input and Output Files and New
Registration Distribution Files.
(374) The following revisions to the California Reformulated
Gasoline Regulations were submitted on June 15, 2004 (2004 RFG
Revision), by the Governor's Designee.
(i) Incorporation by reference.
(A) California Air Resources Board.
(1) Title 13, California Code of Regulations, Division 3 (Air
Resources Board), Chapter 5 (Standards for Motor Vehicle Fuels), Article
1 (Standards for Gasoline), Subarticle 1 (Gasoline Standards That Became
Applicable Before 1996), sections 2253.4, ``Lead in Gasoline''
(operative August 12, 1991); 2254, ``Manganese Additive Content''
(operative August 12, 1991); 2257, ``Required Additives in Gasoline''
(operative July 16, 1999); 2259, ``Exemptions for Motor Vehicle Fuels
Used in Test Programs'' (operative February 15, 1995); Subarticle 2
(Standards for Gasoline Sold Beginning March 1, 1996), sections 2260,
``Definitions'' (operative May 1, 2003); 2261, ``Applicability of
Standards; Additional Standards'' (operative May 1, 2003); 2262, ``The
California Reformulated Gasoline Phase 2 and Phase 3 Standards''
(operative December 24, 2002); 2262.3, ``Compliance With the CaRFG Phase
2 and CaRFG Phase 3 Standards for Sulfur, Benzene, Aromatic
Hydrocarbons, Olefins, T50 and T90'' (operative August 20, 2001);
2262.4, ``Compliance With the CaRFG Phase 2 and CaRFG Phase 3 Standards
for Reid Vapor Pressure'' (operative December 24, 2002); 2262.5,
``Compliance With the Standards for Oxygen Content'' (operative December
24, 2002); 2262.6, ``Prohibition of MTBE and Oxygenates Other Than
Ethanol in California Gasoline Starting December 31, 2003'' (operative
May 1, 2003); 2262.9, ``Requirements Regarding Denatured Ethanol
Intended For Use as a Blend Component in California Gasoline''
(operative December 24, 2002); 2263, ``Sampling Procedures and Test
Methods'' (operative May 1, 2003); 2263.7, ``Multiple Notification
Requirements'' (operative September 2, 2000); 2264, ``Designated
Alternative Limits'' (operative August 20, 2001); 2264.2, ``Election of
Applicable Limit for Gasoline Supplied From a Production or Import
Facility'' (operative September 2, 2000); 2265, ``Gasoline Subject to PM
Alternative Specifications Based on the California Predictive Model''
(operative December 24, 2002); 2266, ``Certified Gasoline Formulations
Resulting in Equivalent Emission Reductions Based on Motor Vehicle
Emissions Testing'' (operative August 20, 2001); 2266.5, ``Requirements
Pertaining to California Reformulated Gasoline Blendstock for Oxygen
Blending (CARBOB) and Downstream Blending'' (operative May 1, 2003);
2267, ``Exemptions for Gasoline Used in Test Programs'' (operative
September 2, 2000); 2268, ``Liability of Persons Who Commit Violations
Involving Gasoline That Has Not Yet Been Sold or Supplied to a Motor
Vehicle'' (operative September 2, 2000); 2269, ``Submittal of Compliance
Plans'' (operative December 24, 2002); 2270, ``Testing and
Recordkeeping'' (operative December 24, 2002); 2271, ``Variances''
(operative December 24, 2002); 2272, ``CaRFG Phase 3 Standards for
Qualifying Small Refiners'' (operative May 1, 2003); 2273, ``Labeling of
Equipment Dispensing Gasoline Containing MTBE'' (operative May 1, 2003);
2273.5, ``Documentation Provided with Delivery of Gasoline to Retail
Outlets'' (operative May 1, 2003).
(2) ``California Procedures for Evaluating Alternative
Specifications for Phase 2 Reformulated Gasoline Using the California
Predictive Model,'' as last amended December 11, 1998.
(3) ``California Procedures for Evaluating Alternative
Specifications for Phase 3 Reformulated Gasoline Using the California
Predictive Model,'' as last amended April 25, 2001.
(4) ``California Procedures for Evaluating Alternative
Specifications for Gasoline Using Vehicle Emissions Testing,'' as last
amended April 25, 2001.
(5) ``Procedures for Using the California Model for California
Reformulated Gasoline Blendstocks for Oxygenate Blending (CARBOB),'' as
adopted April 25, 2001.
(ii) Additional material.
(A) California Air Resources Board.
(1) Executive Order G-125-320, dated June 15, 2004, adopting the
2004 RFG Revision.
[[Page 299]]
(2) The following additional material is available for inspection at
EPA Region 9. To inspect this material, please contact EPA Region 9, 75
Hawthorne Street, San Francisco, California, 94105, Chief of Air
Planning, (415) 947-8021.
(i) Standard Test Method for Determination of Ethanol Content of
Denatured Fuel Ethanol by Gas Chromatography, Designation: D 5501-94
(1998); Standard Test Method for Gum Content in Fuels by Jet
Evaporation, Designation: D 381-00; Standard Test Method for Water Using
Volumetric Karl Fischer Titration, Designation: E 203-96; Standard Test
Method for Water in Organic Liquids by Coulometric Karl Fischer
Titration, Designation: E 1064-00; Standard Test Methods for Chloride
Ion In Water, Designation: D 512-89 (1999); Standard Test Methods for
Copper in Water, Designation: D 1688-95; Standard Test Method for
Acidity in Volatile Solvents and Chemical Intermediates Used in Paint,
Varnish, Lacquer, and Related Products, Designation: D 1613-96 (1999);
Standard Test Method for Determination of pHe of Ethanol, Denatured Fuel
Ethanol, and Fuel Ethanol (Ed75-Ed85), Designation: D 6423-99.
(ii) Standard Test Method for Determination of Total Sulfur in Light
Hydrocarbons, Motor Fuels and Oils by Ultraviolet Fluorescence,
Designation: D 5453-93.
(iii) Standard Test Method for Determination of MTBE, ETBE, TAME,
DIPE, tertiary-Amyl Alcohol and C1 to C4 Alcohols in Gasoline by Gas
Chromatography, Designation: D 4815-99; Standard Test Method for
Distillation of Petroleum Products at Atmospheric Pressure, Designation:
D 86-99a; Standard Test Method for Determination of Olefin Content of
Gasolines by Supercritical-Fluid Chromatography, Designation: D 6550-00.
(375) The following revisions to the California Reformulated
Gasoline Regulations were submitted on February 3, 2009 (2009 RFG
Revision), by the Governor's Designee.
(i) Incorporation by reference.
(A) California Air Resources Board.
(1) Title 13, California Code of Regulations, Division 3 (Air
Resources Board), Chapter 5 (Standards for Motor Vehicle Fuels), Article
1 (Standards for Gasoline), Subarticle 2 (Standards for Gasoline Sold
Beginning March 1, 1996), sections 2260, ``Definitions'' (operative
August 29, 2008); 2261, ``Applicability of Standards; Additional
Standards'' (operative August 29, 2008); 2262, ``The California
Reformulated Gasoline Phase 2 and Phase 3 Standards'' (operative August
29, 2008); 2262.3, ``Compliance With the CaRFG Phase 2 and CaRFG Phase 3
Standards for Sulfur, Benzene, Aromatic Hydrocarbons, Olefins, T50 and
T90'' (operative August 29, 2008); 2262.4, ``Compliance With the CaRFG
Phase 2 and CaRFG Phase 3 Standards for Reid Vapor Pressure'' (operative
August 29, 2008); 2262.5, ``Compliance With the Standards for Oxygen
Content'' (operative August 29, 2008); 2262.6, ``Prohibition of MTBE and
Oxygenates Other Than Ethanol in California Gasoline Starting December
31, 2003'' (operative April 9, 2005); 2262.9, ``Requirements Regarding
Denatured Ethanol Intended For Use as a Blend Component in California
Gasoline'' (operative August 29, 2008); 2263, ``Sampling Procedures and
Test Methods'' (operative August 29, 2008); 2263.7, ``Multiple
Notification Requirements'' (operative August 29, 2008); 2264,
``Designated Alternative Limits'' (operative August 20, 2001); 2264.2,
``Election of Applicable Limit for Gasoline Supplied From a Production
or Import Facility'' (operative August 29, 2008); 2265, ``Gasoline
Subject to PM Alternative Specifications Based on the California
Predictive Model'' (operative August 29, 2008); 2265.1, ``Offsetting
Emissions Associated with Higher Sulfur Levels'' (operative August 29,
2008); 2265.5, ``Alternative Emission Reduction Plan (AERP)'' (operative
August 29, 2008); 2266, ``Certified Gasoline Formulations Resulting in
Equivalent Emission Reductions Based on Motor Vehicle Emissions
Testing'' (operative August 29, 2008); 2266.5, ``Requirements Pertaining
to California Reformulated Gasoline Blendstock for Oxygen Blending
(CARBOB) and Downstream Blending'' (operative August 29, 2008); 2270,
``Testing and Recordkeeping'' (operative August 29, 2008); 2271,
``Variances'' (operative August 29, 2008); 2273, ``Labeling of
[[Page 300]]
Equipment Dispensing Gasoline Containing MTBE'' (operative August 29,
2008).
(2) ``California Procedures for Evaluating Alternative
Specifications for Phase 3 Reformulated Gasoline Using the California
Predictive Model,'' as last amended August 7, 2008.
(3) ``Procedures for Using the California Model for California
Reformulated Gasoline Blendstocks for Oxygenate Blending (CARBOB),'' as
last amended August 7, 2008.
(ii) Additional material.
(A) California Air Resources Board.
(1) Executive Order S-09-001, dated February 3, 2009, adopting the
2009 RFG Revision.
(376) The following revisions to the California Diesel Fuel
Regulations were submitted on February 3, 2009 (2009 Diesel Fuels
Revision), by the Governor's Designee.
(i) Incorporation by reference.
(A) California Air Resources Board.
(1) Title 13, California Code of Regulations, Division 3 (Air
Resources Board), Chapter 1 (Motor Vehicle Pollution Control Devices),
Article 1 (General Provisions), sections 1956.8, ``Exhaust Emissions
Standards and Test Procedures--1985 and Subsequent Model Heavy-Duty
Engines and Vehicles'' (operative December 31, 2008); 1960.1, ``Exhaust
Emissions Standards and Test Procedures--1981 through 2006 Model
Passenger Cars, Light-Duty and Medium-Duty Vehicles'' (operative March
26, 2004); 1961, ``Exhaust Emissions Standards and Test Procedures--2004
and Subsequent Model Passenger Cars, Light-Duty and Medium-Duty
Vehicles'' (operative June 16, 2008); Chapter 5 (Standards for Motor
Vehicle Fuels), Article 2 (Standards for Diesel Fuel), sections 2281,
``Sulfur Content of Diesel Fuel'' (operative August 4, 2005); 2282,
``Aromatic Hydrocarbon Content of Diesel Fuel'' (operative August 4,
2005); 2284, ``Lubricity of Diesel Fuel'' (operative August 4, 2005);
2285, ``Exemption from Diesel Fuel Requirements for Military-
Specification Fuels Used in Qualifying Military Vehicles'' (operative
August 14, 2004); Chapter 14 (Verification Procedure, Warranty and In-
Use Compliance Requirements for In-Use Strategies to Control Emissions
from Diesel Engines), section 2701, ``Definitions'' (operative January
1, 2005).
(2) Title 17, California Code of Regulations, Division 3 (Air
Resources), Chapter 1 (Air Resources Board), Subchapter 7.5 (Airborne
Toxic Control Measures), section 93114, ``Airborne Toxic Control Measure
To Reduce Particulate Emissions from Diesel-Fueled Engines--Standards
for Nonvehicular Diesel Fuel'' (operative August 14, 2004).
(ii) Additional material.
(A) California Air Resources Board.
(1) Executive Order S-09-001, dated February 3, 2009, adopting the
2009 Diesel Fuels Revision.
(377) New and amended regulations were submitted on September 15,
2009.
(i) Incorporation by Reference.
(A) Sacramento Metropolitan Air Quality Management District.
(1) Rule 452, ``Can Coating,'' Rule 454, ``Degreasing Operations,''
Rule 463, ``Wood Products Coatings,'' adopted September 25, 2008.
(2) Rule 466, ``Solvent Cleaning,'' adopted on May 23, 2002.
(3) Rule 456, ``Aerospace Assembly and Component Coating
Operations,'' amended on October 23, 2008.
(4) Rule 465, ``Polyester Resin Operations,'' amended on September
25, 2008.
(5) Rule 464, ``Organic Chemical Manufacturing Operations,'' adopted
on September 25, 2008.
(B) Yolo Solano Air Quality Management District.
(1) Rule 2.37, ``Natural Gas-Fired Water Heaters and Small
Boilers,'' revised on April 8, 2009.
(2) Rule 2.42, ``Nitric Acid Production,'' adopted on May 13, 2009.
(C) Ventura County Air Pollution Control District.
(1) Rule 70, ``Storage and Transfer of Gasoline,'' adopted on March
10, 2009.
(378) New and amended regulations were submitted on January 10, 2010
by the Governor's designee.
(i) Incorporation by Reference.
(A) South Coast Air Quality Management District.
(1) Rule 1173, ``Control of Volatile Organic Compound Leaks and
Releases
[[Page 301]]
from Components at Petroleum Facilities and Chemical Plants,'' amended
on February 6, 2009.
(2) Rule 1132, ``Further Control of VOC Emissions From High-Emitting
Spray Booth Facilities,'' amended on May 5, 2006.
(3) Rule 1148.1, ``Oil and Gas Production Wells,'' adopted on March
5, 2004.
(B) Placer County Air Pollution Control District.
(1) Rule 245, ``Surface Coating of Metal Parts and Products,''
amended on August 20, 2009.
(C) Ventura County Air Pollution Control District.
(1) Rule 74.12, ``Surface Coating of Metal Parts and Products,''
adopted on April 8, 2008.
(2) Rule74.29, ``Soil Decontamination Operations,'' adopted on April
8, 2008.
(D) San Joaquin Valley Air Pollution Control District
(1) Rule 4311, ``Flares,'' amended on June 18, 2009.
(E) Feather River Air Quality Management District.
(1) Rule 3.22, ``Internal Combustion Engines,'' adopted on June 01,
2009.
(379) New and amended regulations for the following APCDs were
submitted on May 17, 2010 by the Governor's designee.
(i) Incorporation by Reference.
(A) South Coast Air Quality Management District.
(1) Rule 1144, ``Vanishing Oils and Rust Inhibitors,'' adopted on
March 6, 2009.
(2) Rule 1145, ``Plastic, Rubber, Leather, and Glass Coatings,''
amended on December 4, 2009.
(3) Rule 1111, ``Reduction of NOX Emissions from Natural
Gas-Fired, Fan-Type Central Furnaces,'' amended on November 6, 2009.
(4) Rule 1147, ``NOX Reductions from Miscellaneous
Sources,'' adopted on December 5, 2008.
(5) Rule 1157, ``PM10 Emission Reductions from Aggregate
and Related Operations,'' adopted on September 6, 2006.
(B) San Diego County Air Pollution Control District.
(1) Rule 2, ``Definitions,'' Rev. Adopted and Effective on June 30,
1999, Table 1--Exempt Compounds: Rev. and Effective on November 4, 2009.
(C) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4308, ``Boilers, Steam Generators and Process Heaters --
0.075 MMBtu/hr to less than 2.0 MMbtu/hr,'' adopted on December 17,
2009.
(2) Rule 4695, ``Brandy Aging and Wine Aging Operations'' adopted on
September 17, 2010.
(3) Rule 4602, ``Motor Vehicle Assembly Coatings,'' amended on
September 17, 2009.
(4) Rule 4603, ``Surface Coating of Metal Parts and Products,
Plastic Parts and Products and Pleasure Crafts,'' amended on September
17, 2009.
(5) Rule 4692, ``Commercial Charbroiling,'' amended on September 17,
2009.
(6) Rule 4601, ``Architectural Coatings'', amended on December 17,
2009.
(D) Placer County Air Pollution Control District
(1) Rule 233, ``Biomass Boilers,'' amended on December 10, 2009.
(E) Mojave Desert Air Quality Management District.
(1) Rule 1159, ``Stationary Gas Turbines,'' amended on September 28,
2009.
(380) The following plan was submitted on July 14, 2010, by the
Governor's Designee.
(i) Incorporation by reference.
(A) Great Basin Unified Air Pollution Control District.
(1) ``Board Order 080128-01 Requiring the City of Los
Angeles to Undertake Measures to Control PM-10 Emissions from the Dried
Bed of Owens Lake,'' including Attachments A-D, adopted February 1,
2008, and included as Appendix C to the ``2010 PM-10 Maintenance Plan
and Redesignation Request for the Coso Junction Planning Area,'' adopted
May 17, 2010.
(ii) Additional materials.
(A) Great Basin Unified Air Pollution Control District (GBUAPCD).
(1) Non-regulatory portions of ``The 2010 PM-10 Maintenance Plan and
Redesignation Request for the Coso Junction Planning Area'' (the 2010
Plan), including Appendices A, B, and D, adopted May 17, 2010.
(2) Letter dated June 10, 2010 from Theodore D. Schade, GBUAPCD, to
Deborah Jordan, United States Environmental Protection Agency Region 9,
[[Page 302]]
regarding Coso Junction PM-10 Contingency Measures.
(3) GBUAPCD Board Resolution 2010-01, dated May 17, 2010, adopting
the 2010 Plan.
(B) California Air Resources Board (CARB).
(1) CARB Resolution 10-25, dated June 24, 2010, adopting the 2010
Plan.
(381) New and amended regulations were submitted on July 20, 2010,
by the Governor's designee.
(i) Incorporation by reference.
(A) Imperial County Air Pollution Control District.
(1) Rule 101, ``Definitions,'' adopted on February 23, 2010.
(2) Rule 424, ``Architectural Coatings,'' amended on February 23,
2010.
(3) Rule 425, ``Aerospace Coating Operations,'' revised February 23,
2010.
(4) Rule 427, ``Automotive Refinishing Operations,'' revised
February 23, 2010.
(5) Rule 400.1, ``Stationary Gas Turbine(s)--Reasonably Available
Control Technology (RACT),'' adopted on February 23, 2010.
(6) Rule 116, ``Emissions Statement and Certification,'' adopted on
February 23, 2010.
(7) Rule 400.2, ``Boilers, Process Heaters and Steam Generators,''
adopted on February 23, 2010.
(B) Kern County Air Pollution Control District.
(1) Rule 102, ``Definitions,'' adopted on March 11, 2010.
(2) Rule 410.1A, ``Architectural Coatings,'' adopted on March 11,
2010. Effective as of 1/1/2011.
(C) Ventura County Air Pollution Control District.
(1) Rule 2, ``Definitions'', ``Exempt Organic Compounds,'' revised
on January 12, 2010.
(2) Rule 74.2, ``Architectural Coatings,'' amended on January 12,
2010.
(D) Northern Sierra Air Quality Management District
(1) Rule 215, ``Phase II Vapor Recovery System Requirements,''
amended on February 22, 2010.
(E) Placer County Air Pollution Control District.
(1) Rule 502, ``New Source Review,'' as adopted on February 11,
2010.
(F) Feather River Air Quality Management District.
(1) Rule 10.1, ``New Source Review,'' as amended on October 5, 2009,
except section C, as adopted on February 8, 1993.
(G) Antelope Valley Air Quality Management District.
(1) Rule 1134, ``Stationary Gas Turbines,'' amended on January 19,
2010.
(2) Rule 109, ``Recordkeeping for Volatile Organic Compound
Emissions,'' amended April 20, 2010.
(H) Mojave Desert Air Quality Management District
(1) Rule 1117, ``Graphic Arts and Paper, Film, Foil and Fabric
Coatings,'' amended September 28, 2009.
(I) Yolo-Solano Air Quality Management District.
(1) Rule 2.3, ``Ringelmann Chart,'' revised on January 13, 2010.
(2) Rule 2.11, ``Particulate Matter Concentration,'' revised on
January 13, 2010.
(3) Rule 2.12, ``Specific Contaminants,'' revised on January 13,
2010.
(J) San Diego Air Pollution Control District.
(1) Rule 66.1, ``Miscellaneous Surface Coating Operations and Other
Processes Emitting Volatile Organic Compounds,'' adopted on February 24,
2010.
(K) South Coast Air Quality Management District.
(1) Rule 1112.1, ``Emissions of Particulate Matter and Carbon
Monoxide from Cement Kilns,'' amended on December 4, 2009.
(382) New and amended regulations for the following APCDs were
submitted on July 11, 2007, by the Governor's designee.
(i) Incorporation by reference.
(A) Sacramento Metropolitan Air Quality Management District.
(1) Permit to Operate for the Kiefer Landfill (``Permit to Operate
No. 17359 (Rev01)''), as revised on November 13, 2006.
(ii) Additional Material
(A) El Dorado County Air Quality Management District.
(1) El Dorado County Air Quality Management District Reasonably
Available Control Technology (RACT) State Implementation Plan (SIP)
Update Analysis Staff Report (``2006 RACT SIP'') adopted on February 6,
2007.
[[Page 303]]
(383) New and amended regulations were submitted on February 16,
2010, by the Governor's designee.
(i) Incorporation by Reference.
(A) California Air Resources Board.
(1) Executive Order R-08-016, dated May 5, 2009.
(2) ``Final Regulation Order, Regulation for Reducing Emissions from
Consumer Products,'' California Code of Regulations, Title 17 (Public
Health), Division 3 (Air Resources), Chapter 1 (Air Resources Board),
Subchapter 8.5 (Consumer Products), Article 2 (Consumer Products),
amendment filed 6-18-2009, operative 7-18-2009.
(384) New and amended regulations for the following APCD's were
submitted on September 10, 2010 by the Governor's designee.
(i) Incorporation by Reference
(A) South Coast Air Quality Management District
(1) Resolution No. 10-20, dated July 9, 2010.
(2) ``Revision to the State Implementation Plan for the South Coast
Air Quality Management District, State of California: Sulfur Oxides and
Particulate Matter Offset Requirements for the Proposed CPV Sentinel
Power Plant to be Located in Desert Hot Springs, California, Including
AB 1318 Offset Tracking System'', which is incorporated by reference in
Resolution No. 10-20, dated July 9, 2010.
(3) ``CPV Sentinel Energy Project AB 1318 Tracking System'', which
is incorporated by reference in Resolution No. 10-20, dated July 9,
2010.
(385) New and amended regulations for the following APCDs were
submitted on February 28, 2011.
(i) Incorporation by Reference.
(A) Mendocino County Air Quality Management District.
(1) Rule 130, ``Definitions,'' amended February 15, 2011.
(B) Northern Sonoma County Air Pollution Control District.
(1) Rule 130, ``Definitions,'' amended December 14, 2010.
(386) The following plan was submitted on November 16, 2007, by the
Governor's Designee.
(i) [Reserved]
(ii) Additional materials.
(A) California Air Resources Board (CARB).
(1) CARB Resolution 07-28, dated September 27, 2007, adopting the
``2007 State Implementation Plan for the 1997 ozone and PM2.5
National Ambient Air Quality Standards'' (``2007 State Strategy'').
(2) ``Interstate Transport State Implementation Plan (SIP) for the
1997 8-hour Ozone Standard and PM2.5 to satisfy the
Requirements of Clean Air Act section 110(a)(2)(D)(i) for the State of
California (September 21, 2007),'' as modified by Attachment A and
submitted as Appendix C to the 2007 State Strategy (``2007 Transport
SIP''), at page 5 (``Evaluation of Interference with Other States'
Measures Required to Meet Regional Haze and Visibility SIP
Requirements'').
(3) 2007 Transport SIP at pages 19-20 (Attachment A) (``Evaluation
of Significant Contribution to Nonattainment or Interference with
Maintenance of Attainment Standards in Another State'').
(4) 2007 Transport SIP at pages 21-22 (Attachment A) (``Evaluation
of interference with Prevention of Significant Deterioration Measures of
any other State'').
(387) The following plan was submitted on March 16, 2009, by the
Governor's Designee.
(i) [Reserved]
(ii) Additional materials.
(A) California Air Resources Board (CARB).
(1) CARB Resolution 09-4, dated January 22, 2009, adopting the
``California Regional Haze Plan''.
(2) The ``California Regional Haze Plan'', adopted on January 22,
2009, as amended and supplemented on September 8, 2009 in a ``letter
from James N. Goldstene, CARB to Laura Yoshii, United States
Environmental Protection Agency'', and as amended and supplemented on
June 9, 2010 in a ``letter from James N. Goldstene, CARB to Jared
Blumenfeld, United States Environmental Protection Agency''.
(388) New and amended regulations for the following APCD were
submitted on April 5, 2011 by the Governor's Designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District--SCAQMD)
[[Page 304]]
(1) Rule 1143, ``Consumer Paint Thinners & Multi-purpose Solvents,''
adopted on March 6, 2009 and amended December 3, 2010.
(2) Rule 1144, ``Metal Working Fluids and Direct-Contact
Lubricants,'' adopted on March 6, 2009, and amended July 9, 2010.
(3) Rule 1175, ``Control of Emissions from the Manufacture of
Polymeric Cellular (Foam) Products,'' amended November 5, 2010.
(4) Rule 2002, ``Allocations for Oxides of Nitrogen (NOX)
and Oxides of Sulfur (SOX),'' amended November 5, 2010.
(5) Rule 1171, ``Solvent Cleaning Operations,'' amended February 1,
2008.
(B) San Joaquin Valley Air Pollution Control District.
(1) Rule 4354, ``Glass Melting Furnaces,'' amended on September 16,
2010.
(2) Rule 4103, ``Open Burning,'' amended on April 15, 2010, not
effective until June 1, 2010.
(3) Table 9-1, Revised Proposed Staff Report and Recommendations on
Agricultural Burning, approved on May 20, 2010.
(4) San Joaquin Valley Air Pollution Control District, Resolution
No. 10-05-22, adopted on May 20, 2010.
(5) California Air Resources Board, Resolution 10-24, adopted on May
27, 2010.
(C) Santa Barbara County Air Pollution Control District.
(1) Rule 321, ``Solvent Cleaning Machines and Solvent Cleaning,''
revised September 20, 2010.
(D) Sacramento Metropolitan Air Quality Management District.
(1) Rule 466, ``Solvent Cleaning,'' amended October 28, 2010.
(2) Rule 414, ``Water Heaters, Boilers and Process Heaters Rated
Less Than 1,000,000 BTU per hour,'' amended on March 25, 2010.
(3) Rule 451, ``Surface Coating of Miscellaneous Metal Parts and
Products,'' amended October 28, 2010.
(4) Rule 448, ``Gasoline Transfer into Stationary Storage
Containers,'' amended on February 26, 2009.
(5) Rule 449, ``Transfer of Gasoline into Vehicle Fuel Tanks,''
amended on February 26, 2009.
(E) Placer County Air Pollution Control District.
(1) Rule 236, ``Wood Products and Coating Operations,'' amended
October 14, 2010, effective July 1, 2011.
(2) Rule 238, ``Factory Coating of Flat Wood Paneling,'' amended
October 14, 2010, effective July 1, 2011.
(3) Rule 218, ``Architectural Coatings,'' amended October 14, 2010.
(4) Rule 234, ``Automotive Refinishing Operations,'' adopted
November 3, 1994 and amended October 14, 2010, effective July 1, 2011.
(F) Mojave Desert Air Quality Management District.
(1) Rule 1116, ``Automotive Refinishing Operations,'' amended on
August 23, 2010.
(389) New and amended regulations were submitted on December 7,
2010, by the Governor's Designee.
(i) Incorporation by Reference.
(A) Sacramento Metropolitan Air Quality Management District.
(1) Rule 214, ``Federal New Source Review,'' as adopted on October
28, 2010.
(B)(1) [Reserved]
(2) Rule 242, ``Stationary Internal Combustion Engines,'' adopted on
April 10, 2003.
(3) Rule 246, ``Natural Gas-Fired Water Heaters,'' adopted on June
19, 1997.
(4) Rule 503, ``Emission Statement,'' amended on August 12, 2010.
(390) Amended regulations were submitted on January 28, 2011, by the
Governor's Designee.
(i) Incorporation by Reference.
(A) Sacramento Metropolitan Air Quality Management District.
(1) Rule 203, ``Prevention of Significant Deterioration,'' as
amended on January 27, 2011.
(B) Placer County Air Pollution Control.
(1) Rule 243, ``Polyester Resin Operations,'' adopted on April 10,
2003.
(391) New and amended regulations were submitted on June 21, 2011 by
the Governor's designee. Final approval of these regulations is based,
in part, on the clarifications contained in letters dated July 6, 2012
and August 20, 2012 from the Placer County Air Pollution Control
District regarding specific implementation of parts of the Prevention of
Significant Deterioration program.
(i) Incorporation by reference.
[[Page 305]]
(A) Eastern Kern Air Pollution Control District.
(1) Rule 102, ``Definitions,'' amended on January 13, 2011.
(B) Santa Barbara County Air Pollution Control District.
(1) Rule 102, ``Definitions,'' revised on January 20, 2011.
(C) Placer County Air Pollution Control District.
(1) Rule 518, ``Prevention of Significant Deterioration (PSD) Permit
Program,'' adopted on February 10, 2011.
(ii) Additional materials.
(A) Placer County Air Pollution Control District (PCAPCD).
(1) Letter dated July 6, 2012 from Thomas J. Christofk, PCAPCD, to
Gerardo Rios, United States Environmental Protection Agency Region 9,
regarding Clarifications of District Rule 518 and 40 CFR 51.166.
(2) Letter dated August 20, 2012 from Thomas Christofk, PCAPCD, to
Gerardo Rios, United States Environmental Protection Agency Region 9,
regarding Clarifications of District Rule 518 and 40 CFR 52.21(k)(2).
(392) A plan was submitted on June 30, 2008 by the Governor's
designee.
(i) [Reserved]
(ii) Additional Material.
(A) San Joaquin Valley Unified Air Pollution Control District.
(1) 2008 PM2.5 Plan, adopted on April 30, 2008.
(2) SJVUAPCD Governing Board, In the Matter of: Adopting the San
Joaquin Valley Unified Air Pollution Control District 2008
PM2.5 Plan, Resolution No. 08-04-10, April 30, 2008.
Commitments to achieve emissions reductions (including emissions
reductions of 8.97 tpd of NOX, 6.7 tpd of direct
PM2.5, and 0.92 tpd of SOx by 2014) as described in Table 6-
3a (p. 6-11), Table 6-3b (p. 6-12), and Table 6-3c (p. 6-12)
respectively of the 2008 PM2.5 Plan and commitments to adopt
and submit control measures as described in Table 6-2 (p. 6-9) of the
2008 PM2.5 Plan, as amended June 17, 2010.
(B) State of California Air Resources Board.
(1) CARB Resolution No. 08-28 with Attachment A, May 22, 2008.
(393) An amended plan was submitted on August 12, 2009 by the
Governor's designee.
(i) [Reserved]
(ii) Additional Material.
(A) State of California Air Resources Board.
(1) Status Report on the State Strategy for California's 2007 State
Implementation Plan (SIP) and Proposed Revisions to the SIP Reflecting
Implementation of the 2007 State Strategy, pages 11-17, April 24, 2009.
(2) CARB Resolution No. 09-34, April 24, 2009.
(394) An amended plan was submitted on September 15, 2010 by the
Governor's designee.
(i) [Reserved]
(ii) Additional Material.
(A) San Joaquin Valley Unified Air Pollution Control District.
(1) 2008 PM2.5 Plan Amendment to Extend the Rule 4905
Amendment Schedule, June 17, 2010.
(2) SJVUAPCD Governing Board, In the Matter of: Proposed Amendments
to the 2008 PM2.5 Plan to Extend the Rule Amendment Schedule
for Rule 4905 (Natural Gas-Fired, Fan-Type Residential Central
Furnaces), Resolution 10-06-18, June 17, 2010.
(B) State of California Air Resources Board.
(1) Executive Order S-10-003, Relating to Approval of Amendments to
the 2008 PM2.5 Plan to Extend the Rule Amendment Schedule for
Rule 4905 (Natural Gas-Fired, Fan-Type Residential Central Furnaces),
September 15, 2010.
(395) An amended plan was submitted on May 18, 2011 by the
Governor's designee.
(i) [Reserved]
(ii) Additional Material.
(A) State of California Air Resources Board.
(1) Progress Report on Implementation of PM2.5 State
Implementation Plans (SIP) for the South Coast and San Joaquin Valley
Air Basins and Proposed SIP Revisions, Release Date: March 29, 2011.
(2) CARB Resolution No. 11-24, April 28, 2011. Commitment to propose
measures as described in Appendix B of the Progress Report on the
Implementation of PM2.5 State Implementation Plans (SIP) for
the South Coast and San Joaquin Valley Air Basins and Proposed SIP
Revisions.
[[Page 306]]
(3) Executive Order S-11-010, ``Approval of Revisions to the Fine
Particulate Matter State Implementation Plans for the South Coast Air
Quality Management Plans for the South Coast Air Quality Management
District and the San Joaquin Valley Air Pollution Control District,''
May 18, 2011.
(396) An amended plan was submitted on July 29, 2011 by the
Governor's designee.
(i) [Reserved]
(ii) Additional Material.
(A) State of California Air Resources Board.
(1) 8-Hour Ozone State Implementation Plan Revisions and Technical
Revisions to the PM2.5 State Implementation Plan
Transportation Conformity Budgets for the South Coast and San Joaquin
Valley Air Basins, Appendix A, page A-6, (dated June 20, 2011), adopted
July 21, 2011.
(i) Commitment to develop and submit by 2020 revisions to the SIP
that will: Reflect modifications to the 2023 emissions reduction target
based on updated science and identify additional strategies and
implementing agencies needed to achieve the needed reductions by 2023 as
given in the 2011 Ozone SIP Revisions on page A-8.
(2) CARB Resolution No. 11-22, July 21, 2011.
(i) Commitment to develop, adopt and submit by 2020 contingency
measures to be implemented if advanced technology measures do not
achieve the planned reductions and attainment contingency measures
meeting the requirements of CAA 172(c)(9), pursuant to CAA section
182(e)(5) as given on page 4.
(ii) Commitment to update the air quality modeling in the SJV 2007
Ozone Plan to reflect the emissions inventory improvements and any other
new information by December 31, 2014 or the date by which state
implementation plans are due for the expected revision to the Federal 8-
hour ozone standard whichever comes first, as provided on page 3.
(iii) Commitments to propose measures as provided in Appendix B,
Table B-1 of the Progress Report on the Implementation of PM2.5 State
Implementation Plans (SIP) for the South Coast and San Joaquin Valley
Air Basins and Proposed SIP Revisions (Release Date: March 29, 2011),
adopted April 28, 2011, as amended by Appendix A, p. A-7 of the 8-Hour
Ozone State Implementation Plan Revisions and Technical Revisions to the
PM2.5 State Implementation Plan Transportation Conformity
Budgets for the South Coast and San Joaquin Valley Air Basins (Release
Date: June 20, 2011), adopted July 21, 2011.
(3) Executive Order S-11-016, ``Approval of Revisions to the 8-Hour
Ozone State Implementation Plans for the South Coast Air Quality
Management District and the San Joaquin Valley Air Pollution Control
District,'' July 29, 2011.
(397) A plan was submitted on November 16, 2007 by the
Governor's designee.
(i) [Reserved]
(ii) Additional Material.
(A) State of California Air Resources Board.
(1) Proposed State Strategy for California's 2007 State
Implementation Plan, adopted on September 27, 2007.
(2) CARB Resolution No. 07-28 with Attachments A and B, September
27, 2007. Commitment to achieve the total emissions reductions necessary
to attain the Federal standards in the South Coast air basin, which
represent 6.1 tons per day (tpd) of direct PM2.5, 38.1 tpd of
SOX, 33.6 tpd of VOC and 118.2 tpd of nitrogen oxides by 2014
for purposes of the 1997 PM2.5 NAAQS, as described in
Resolution No. 07-28 at Attachment B, pp. 3-5, and modified by CARB
Resolution No. 09-34 (April 24, 2009) adopting the ``Status Report on
the State Strategy for California's 2007 State Implementation Plan (SIP)
and Proposed Revision to the SIP reflecting Implementation of the 2007
State Strategy,'' and by CARB Resolution 11-24 (April 28, 2011) adopting
the ``Progress Report on Implementation of PM2.5 State
Implementation Plans (SIP) for the South Coast and San Joaquin Valley
Air Basins and Proposed SIP Revisions.''.
(3) Executive Order S-07-002, Relating to Approval of the State
Strategy for California's State Implementation Plan (SIP) for the
Federal 8-Hour Ozone and PM2.5 Standards, November 16, 2007.
[[Page 307]]
(4) CARB Resolution No. 07-20 with Attachment A, June 14, 2007.
(5) CARB Resolution No. 07-28 with Attachments A and B, September
27, 2007. Commitment to achieve the total emissions reductions necessary
to attain the Federal standards in the South Coast air basin, which
represent 152 tpd of NOX and 46 tpd of VOC by 2014, and 54
tpd of VOC and 141 tpd of nitrogen oxides by 2023 for purposes of the
1997 8-hour ozone NAAQS, as described in Resolution No. 07-28 at
Attachment B, p. 4, and modified by CARB Resolution No. 09-34 (April 24,
2009) adopting the ``Status Report on the State Strategy for
California's 2007 State Implementation Plan (SIP) and Proposed Revision
to the SIP reflecting Implementation of the 2007 State Strategy.''
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) 2007 Ozone Plan, adopted on April 30, 2007.
(2) SJVUAPCD Governing Board, In the Matter of: Adopting the San
Joaquin Valley Unified Air Pollution Control District 2007 Ozone Plan,
Resolution No. 07-04-11a, April 30, 2007. Commitments to achieve
emissions reductions as described in Table 6-1 of the 2007 Ozone Plan,
as amended December 18, 2008.
(398) A plan was submitted on November 28, 2007 by the Governor's
designee.
(i) [Reserved]
(ii) Additional Material.
(A) South Coast Air Quality Management District.
(1) Final South Coast 2007 Air Quality Management Plan, adopted on
June 1, 2007.
(2) SCAQMD Governing Board Resolution 07-9, ``A Resolution of the
Governing Board of the South Coast Air Quality Management District
certifying the final Program Environmental Impact Report for the 2007
Air Quality Management Plan, adopting the Final 2007 Air Quality
Management Plan (AQMP), to be referred to after adoption as the Final
2007 AQMP, and to fulfill USEPA Requirements for the use of emissions
reductions form the Carl Moyer Program in the State Implementation
Plan,'' June 1, 2007. Commitments to achieve emissions reductions
(including emissions reductions of 2.9 tons per day (tpd) of direct
PM2.5, 2.9 tpd of SOX, 10.4 tpd of VOC and 10.8
tpd of nitrogen oxides by 2014) as described by SCAQMD Governing Board
Resolution No. 07-9, p. 10, June 1, 2007, and modified by SCAQMD
Governing Board Resolution 11-9, p. 3, March 4, 2011, and commitments to
adopt and submit control measures as described in Table 4-2A of the
Final 2007 AQMP, as amended March 4, 2011.
(3) SCAQMD Governing Board Resolution 07-9, ``A Resolution of the
Governing Board of the South Coast Air Quality Management District
certifying the final Program Environmental Impact Report for the 2007
Air Quality Management Plan, adopting the Final 2007 Air Quality
Management Plan (AQMP), to be referred to after adoption as the Final
2007 AQMP, and to fulfill USEPA Requirements for the use of emissions
reductions form the Carl Moyer Program in the State Implementation
Plan,'' June 1, 2007. Commitments to achieve emissions reductions
(including emissions reductions of 19.3 tpd of VOC and 9.2 tpd of
nitrogen oxides by 2023) as described by SCAQMD Governing Board
Resolution No. 07-9, p. 10, June 1, 2007, and modified by SCAQMD
Governing Board Resolution 11-9, p. 3, March 4, 2011, and commitments to
adopt and submit control measures as described in Table 4-2A of the
Final 2007 AQMP, as amended March 4, 2011.
(B) State of California Air Resources Board.
(1) CARB Resolution No. 07-41, September 27, 2007.
(399) An amended plan was submitted on May 18, 2011 by the
Governor's designee.
(i) [Reserved]
(ii) Additional Material.
(A) State of California Air Resources Board.
(1) Progress Report on Implementation of PM2.5 State
Implementation Plans (SIP) for the South Coast and San Joaquin Valley
Air Basins and Proposed SIP Revisions, Appendices B and C. Release Date:
March 29, 2011.
(2) CARB Resolution No. 11-24, April 28, 2011.
[[Page 308]]
(3) Executive Order S-11-010, ``Approval of Revisions to the Fine
Particulate Matter State Implementation Plans for the South Coast Air
Quality Management Plans for the South Coast Air Quality Management
District and the San Joaquin Valley Air Pollution Control District,''
May 18, 2011.
(400) An amended plan was submitted on May 19, 2011 by the
Governor's designee.
(i) [Reserved]
(ii) Additional Material.
(A) South Coast Air Quality Management District.
(1) Revisions to the 2007 PM2.5 and Ozone State
Implementation Plan for South Coast Air Basin and Coachella Valley (SIP
Revisions), adopted on March 4, 2011.
(2) SCAQMD Governing Board Resolution 11-9, ``A Resolution of the
South Coast Air Quality Management District Governing Board (AQMD)
certifying the Addendum to Final Program Environmental Impact Report
(PEIR) for the 2007 Air Quality Management Plan, (AQMP), for a revision
to the Final 2007 AQMP, to be referred to after adoption as the Revision
to the Final 2007 AQMP,'' March 4, 2011.
(B) State of California Air Resources Board.
(1) CARB Resolution No. 11-24, April 28, 2011. Commitment to propose
measures as described in Appendix B of the ``Progress Report on the
Implementation of the PM2.5 State Implementation Plans (SIP)
for the South Coast and San Joaquin Valley Air Basins and Proposed SIP
Revisions.''
(401) An amended plan was submitted on July 29, 2011 by the
Governor's designee.
(i) [Reserved]
(ii) Additional Material.
(A) State of California Air Resources Board.
(1) 8-Hour Ozone State Implementation Plan Revisions and Technical
Revisions to the PM2.5 State Implementation Plan
Transportation Conformity Budgets for the South Coast and San Joaquin
Valley Air Basins, Appendix A, page A-5 (dated June 20, 2011), adopted
July 21, 2011.
(i) Commitment to develop and submit by 2020 revisions to the SIP
that will reflect modifications to the 2023 emissions reduction target
based on updated science, and identify additional strategies and
implementing agencies needed to achieve the needed reductions by 2023 as
given in the 2011 Ozone SIP Revision on page A-8.
(2) CARB Resolution No. 11-22, July 21, 2011.
(i) Commitment to develop, adopt and submit by 2020 contingency
measures to be implemented if advanced technology measures do not
achieve the planned emissions reductions, and attainment contingency
measures meeting the requirements of CAA section 172(c)(9), pursuant to
CAA section 182(e)(5) as given on p. 4.
(ii) Commitment to propose measures as provided in Appendix B Table
B-1 of the Progress Report on the Implementation of PM2.5 State
Implementation Plans (SIP) for the South Coast and San Joaquin Valley
Air Basins and Proposed SIP Revisions (Release Date: March 29, 2011),
adopted April 28, 2011.
(3) Executive Order S-11-016, ``Approval of Revisions to the 8-Hour
Ozone State Implementation Plans and Technical Revisions to the
PM2.5 State Implementation Plan Transportation Conformity
Budgets for the South Coast San Joaquin Valley Air Basin,'' July 21,
2011.
(402) New and amended regulations were submitted on July 28, 2011 by
the Governor's designee.
(i) Incorporation by reference.
(A) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4401, ``Steam-Enhanced Crude Oil Production Wells,''
adopted on June 16, 2011.
(2) Rule 4605, ``Aerospace Assembly and Component Coating
Operations,'' amended on June 16, 2011.
(403) A new rule for the following APCD was submitted on March 2,
2011, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rule 1315, ``Federal New Source Review Tracking System,''
excluding paragraph (b)(2) and subdivisions (g) and (h), adopted on
February 4, 2011.
(404) New and amended regulations for the following APCDs were
submitted on September 27, 2011, by the Governor's Designee.
[[Page 309]]
(i) Incorporation by Reference
(A) South Coast Air Quality Management District
(1) Rule 2005, ``New Source Review for RECLAIM,'' amended on June 3,
2011.
(2) Rule 1420.1, ``Emissions Standard For Lead From Large Lead-Acid
Battery Recycling Facilities,'' adopted on November 5, 2010.
(3) Rule 1113, ``Architectural Coatings,'' amended on June 3, 2011.
(4) Rule 1150.1, ``Control of Gaseous Emissions from Municipal Solid
Waste Landfills,'' amended on April 1, 2011.
(B) Northern Sierra Air Quality Management District.
(1) Rule 228, ``Surface Coating of Metal Parts and Products,''
amended on April 25, 2011.
(2) Rule 214, ``Phase I Vapor Recovery Requirements,'' amended on
April 25, 2011.
(C) Ventura County Air Pollution Control District.
(1) Rule 2, ``Definitions,'' adopted on October 22, 1968, as revised
through April 12, 2011.
(2) Rule 74.19, ``Graphic Arts,'' revised on June 14, 2011.
(D) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4354, ``Glass Melting Furnaces,'' amended on May 19, 2011.
(405) New and amended regulations for the following APCDs were
submitted on August 26, 2011 by the Governor's designee.
(i) Incorporation by reference.
(A) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4684, ``Polyester Resin Operations,'' amended on August 18,
2011.
(406) New and amended regulations were submitted on January 28,
2011, by the Governor's designee.
(i) Incorporation by Reference.
(A) California Air Resources Board.
(1) Submittal letter from Robert D. Fletcher (California Air
Resources Board) to Jared Blumenfeld (Environmental Protection Agency),
stating the submission does not include the second tier emission limits
for Multi-purpose Solvent and Paint Thinner, dated January 28, 2011.
(2) Executive Order R-10-013, dated August 6, 2010.
(3) ``Final Regulation Order, Regulation for Reducing Emissions from
Consumer Products,'' California Code of Regulations, Title 17 (Public
Health), Division 3 (Air Resources), Chapter 1 (Air Resources Board),
Subchapter 8.5 (Consumer Products), Article 2 (Consumer Products),
adopted August 6, 2010, effective October 20, 2010.
(407) A plan was submitted on June 18, 2009 by the Governor's
designee.
(i) [Reserved]
(ii) Additional Material.
(A) San Joaquin Valley Air Pollution Control District.
(1) Reasonably Available Control Technology (RACT) Demonstration for
Ozone State Implementation Plan (SIP), adopted April 16, 2009.
(408) An amended plan was submitted on April 24, 2009 by the
Governor's designee.
(i) [Reserved]
(ii) Additional Material.
(A) San Joaquin Valley Unified Air Pollution Control District.
(1) Amendments to the 2007 Ozone Plan (amending the rulemaking
schedule for Measure S-GOV-5 Organic Waste Operations) adopted on
December 18, 2008.
(2) SJVUAPCD Governing Board, In the Matter of: Proposed Amendment
to the 2007 Ozone Plan to Extend the Rule Adoption Schedule for Organic
Waste Operations, SJVUAPCD Governing Board Resolution No. 08-12-18.
December 18, 2008.
(409) New regulation was submitted on December 9, 2011, by the
Governor's designee.
(i) Incorporation by reference.
(A) California Air Resources Board.
(1) State of California Office of Administrative Law, ``Notice of
Approval of Regulatory Action,'' Title 13, California Code of
Regulations (CCR), section 2027, effective on November 9, 2011.
(2) Final Regulation Order, 13 CCR section 2027 (``In-Use On-Road
Diesel-Fueled Heavy-Duty Drayage Trucks'').
(410) New regulation was submitted on December 15, 2011, by the
Governor's designee.
(i) Incorporation by reference.
(A) California Air Resources Board.
(1) State of California Office of Administrative Law, ``Notice of
Approval of Regulatory Action,'' Title 13, California Code of
Regulations (CCR), section 2025, effective on December 14, 2011.
[[Page 310]]
(2) Final Regulation Order, 13 CCR section 2025 (``Regulation to
Reduce Emissions of Diesel Particulate Matter, Oxides of Nitrogen and
Other Criteria Pollutants, from In-Use Heavy-Duty Diesel-Fueled
Vehicles'').
(411) New and amended regulations for the following APCDs were
submitted on February 23, 2012. Final approval of these regulations is
based, in part, on the clarifications contained in letters dated July
10, 2012 and August 21, 2012 from the Imperial County Air Pollution
Control District regarding specific implementation of parts of the
Prevention of Significant Deterioration program.
(i) Incorporation by reference.
(A) Sacramento Metropolitan Air Quality Management District.
(1) Rule 459, ``Automotive, Mobile Equipment, and Associated Parts
and Components Coating Operations,'' amended August 25, 2011.
(2) Rule 101, ``General Provisions and Definitions,'' amended on
October 27, 2011.
(B) San Joaquin Valley Air Pollution Control District.
(1) Rule 4682, ``Polystyrene, Polyethylene, and Polypropylene
Products Manufacturing,'' amended on December 15, 2011.
(2) Rule 4402, ``Crude Oil Production Sumps,'' amended on December
15, 2011.
(3) Rule 4625, ``Wastewater Separators,'' amended on December 15,
2011.
(4) Rule 4352, ``Solid Fuel Fired Boilers, Steam Generators and
Process Heaters,'' amended on December 15, 2011.
(C) San Diego County Air Pollution Control District
(1) Rule 67.4, ``Metal Container, Metal Closure and Metal Coil
Coating Operations,'' adopted and effective on November 9, 2011.
(2) Rule 67.16, ``Graphic Arts Operations,'' adopted on November 9,
2011 and effective on May 9, 2012.
(D) Antelope Valley Air Quality Management District
(1) Rule 1168, ``Adhesive and Sealant Applications,'' amended on
September 20, 2011.
(E) Imperial County Air Pollution Control District.
(1) Rule 904, ``Prevention of Significant Deterioration (PSD) Permit
Program,'' revised on December 20, 2011.
(F) South Coast Air Quality Management District.
(1) Rule 463, ``Organic Liquid Storage,'' amended on November 4,
2011.
(G) Santa Barbara County Air Pollution Control District.
(1) Rule 352, ``Natural Gas-Fired Fan-Type Central Furnaces and
Small Water Heaters,'' revised on October 20, 2011.
(ii) Additional materials.
(A) Imperial County Air Pollution Control District (ICAPCD).
(1) Letter dated July 10, 2012 from Brad Poiriez, ICAPCD, to Gerardo
Rios, United States Environmental Protection Agency Region 9, regarding
Clarifications of District Rule 904 and 40 CFR 51.166.
(2) Letter dated August 21, 2012 from Brad Poiriez, ICAPCD, to
Gerardo Rios, United States Environmental Protection Agency Region 9,
regarding Clarifications of District Rule 904 and 40 CFR 52.21(k)(2).
(412) New regulations were submitted on June 14, 2011 by the
Governor's designee.
(i) Incorporation by Reference.
(A) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 3170, ``Federally Mandated Ozone Nonattainment Fee,''
amended on May 19, 2011.
(413) The following plan revisions were submitted on October 12,
2009, by the Governor's designee.
(i) Incorporation by reference.
(A) California Department of Pesticide Regulation.
(1) California Code of Regulations, Title 3 (Food and Agriculture),
Division 6 (Pesticides and Pest Control Operations), Chapter 2
(Pesticides), Subchapter 4 (Restricted Materials), Article 4 (Field
Fumigation Use Requirements), sections 6447, ``Methyl Bromide-Field
Fumigation--General Requirements,'' the undesignated introductory text
(operative January 25, 2008; as published in Register 2010, No. 44);
6447.3, ``Methyl Bromide-Field Fumigation Methods'' (operative January
25, 2008); 6448, ``1,3, Dichloropropene Field Fumigation--General
Requirements'' (operative January 25, 2008);
[[Page 311]]
6449, ``Chloropicrin Field Fumigation--General Requirements'' (operative
January 25, 2008); 6450, ``Metam-Sodium, Potassium N-
methyldithiocarbamate (metam-potassium), and Dazomet Field Fumigation--
General Requirements'' (operative January 25, 2008); 6450.2, ``Dazomet
Field Fumigation Methods'' (operative January 25, 2008); 6451, ``Sodium
Tetrathiocarbonate Field Fumigation--General Requirements'' (operative
January 25, 2008); 6451.1, ``Sodium Tetrathiocarbonate Field Fumigation
Methods'' (operative January 25, 2008); 6452, ``Reduced Volatile Organic
Compound Emissions Field Fumigation Methods'' (operative January 25,
2008); 6452.1, ``Fumigant Volatile Organic Compound Emission Records and
Reporting'' (operative January 25, 2008).
(ii) Additional material.
(A) California Department of Pesticide Regulation.
(1) Decision, ``In the Matter of Proposed Ozone SIP Commitment for
the San Joaquin Valley,'' signed by Mary-Ann Warmerdam, April 17, 2009,
including Exhibit A, ``Department of Pesticide Regulation Proposed SIP
Commitment for San Joaquin Valley.''
(2) Memorandum, Rosemary Neal, Ph.D., California Department of
Pesticide Regulation to Randy Segawa, California Department of Pesticide
Regulation, November 5, 2008; Subject: Update to the Pesticide Volatile
Organic Inventory. Estimated Emissions 1990-2006, and Preliminary
Estimates for 2007.
(414) The following plan revisions were submitted on August 2, 2011,
by the Governor's designee.
(i) Incorporation by reference.
(A) California Department of Pesticide Regulation.
(1) California Code of Regulations, Title 3 (Food and Agriculture),
Division 6 (Pesticides and Pest Control Operations), Chapter 2
(Pesticides), Subchapter 4 (Restricted Materials), Article 4 (Field
Fumigation Use Requirements), sections 6448.1, ``1,3-Dichloropropene
Field Fumigation Methods'' (operative April 7, 2011); 6449.1,
``Chloropicrin Field Fumigation Methods'' (operative April 7, 2011);
6450.1, ``Metam-Sodium and Potassium N-methyldithiocarbamate (Metam-
Potassium) Field Fumigation Methods'' (operative April 7, 2011); 6452.2,
``Fumigant Volatile Organic Compound Emission Limits'' (excluding
benchmarks for, and references to, Sacramento Metro, San Joaquin Valley,
South Coast, and Southeast Desert in subsection (a) and excluding
subsection (d))(operative April 7, 2011); 6452.3, ``Field Fumigant
Volatile Organic Compound Emission Allowances'' (operative April 7,
2011); 6452.4, ``Annual Volatile Organic Compound Emissions Inventory
Report'' (excluding reference to section 6446.1 in
subsection(a)(4))(operative April 7, 2011).
(2) California Code of Regulations, Title 3 (Food and Agriculture),
Division 6 (Pesticides and Pest Control Operations), Chapter 3 (Pest
Control Operations), Subchapter 2 (Work Requirements), Article 1 (Pest
Control Operations Generally), sections 6624, ``Pesticide Use Records''
(excluding references in subsection (f) to methyl iodide and section
6446.1) (operative December 20, 2010); section 6626, ``Pesticide Use
Reports for Production Agriculture'' (operative April 7, 2011).
(415) New and amended regulations were submitted on August 23, 2011
by the Governor's designee. Final approval of these regulations is
based, in part, on the clarifications contained in a May 18, 2012 letter
from the San Joaquin Valley Unified Air Pollution Control District
regarding specific implementation of parts of the Prevention of
Significant Deterioration program.
(i) Incorporation by reference.
(A) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 2410, ``Prevention of Significant Deterioration,'' adopted
on June 16, 2011.
(ii) Additional materials.
(A) San Joaquin Valley Unified Air Pollution Control District
(SJVUAPCD).
(1) Letter dated May 18, 2012 from David Warner, SJVUAPCD, to
Gerardo Rios, United States Environmental Protection Agency Region 9,
regarding Clarifications of District Rule 2410 and 40 CFR 51.166.
(416) Specified portions of the following rule were submitted on
November 18, 2011 by the Governor's designee.
(i) Incorporation by reference.
[[Page 312]]
(A) San Joaquin Valley Unified Air Pollution Control District
(SJVUAPCD).
(1) The following specified portions of SJVUAPCD Rule 4694, Wine
Fermentation and Storage Tanks, adopted December 15, 2005:
(i) Section 1.0 (Purpose), except for the words ``fermentation and''
and ``or achieve equivalent reductions from alternative emission
sources'';
(ii) Section 2.0 (Applicability), except for the words ``fermenting
wine and/or'';
(iii) Section 3.0 (Definitions), paragraphs 3.1--Air Pollution
Control Officer (APCO), 3.2--Air Resources Board (ARB or CARB), 3.18--
Gas Leak, 3.19--Gas-Tight, 3.21--Must, 3.22--Operator, 3.27--Storage
Tank, 3.29--Tank, 3.33--Volatile Organic Compound (VOC), 3.35--Wine, and
3.36--Winery;
(iv) Section 4.0 (Exemptions), paragraph 4.2;
(v) Section 5.0 (Requirements), paragraph 5.2--Storage Tanks; and
(vi) Section 6.0 (Administrative Requirements), paragraph 6.4--
Monitoring and Recordkeeping, introductory text and paragraph 6.4.2.
(2) Rule 4566, ``Organic Material Composting Operations,'' adopted
on August 18, 2011.
(B) South Coast Air Quality Management District.
(1) Rule 1133.1, ``Chipping and Grinding Activities,'' amended on
July 8, 2011.
(2) Rule 1133.3, ``Emission Reductions from Greenwaste Composting
Operations,'' adopted on July 8, 2011.
(C) Placer County Air Pollution Control District.
(1) Rule 502, ``New Source Review,'' as amended on October 13, 2011.
(ii) Additional materials.
(A) California Air Resources Board (CARB)
(1) CARB Executive Order S-11-024, November 18, 2011, adopting
specified portions of SJVUAPCD Rule 4694 as a revision to the SIP.
(B) San Joaquin Valley Unified Air Pollution Control District
(SJVUAPCD)
(1) SJVUAPCD Resolution No. 11-08-20, August 18, 2011, adopting
specified portions of SJVUAPCD Rule 4694 as a revision to the SIP.
(417) [Reserved]
(418) New and amended regulation for the following APCD was
submitted on April 22, 2011, by the Governor's Designee.
(i) Incorporation by Reference
(A) South Coast Air Quality Management District
(1) Rule 317, ``Clean Air Act Non-Attainment Fees,'' amended on
February 4, 2011.
(419) New and amended regulations for the following APCDs were
submitted on April 25, 2012. Final approval of these regulations is
based, in part, on the clarifications contained in letters dated July
19, 2012 and August 21, 2012 from the Eastern Kern Air Pollution Control
District regarding specific implementation of parts of the Prevention of
Significant Deterioration program.
(i) Incorporation by reference.
(A) Eastern Kern Air Pollution Control District.
(1) Rule 210.4, ``Prevention of Significant Deterioration,'' adopted
on January 12, 2012.
(B) Placer County Air Pollution Control District
(1) Rule 102, ``Definitions,'' amended February 9, 2012.
(C) Butte County Air Quality Management District.
(1) Rule 207, ``Wood Burning Devices,'' amended on December 11,
2008.
(ii) Additional materials.
(A) Eastern Kern Air Pollution Control District (EKAPCD).
(1) Letter dated July 19, 2012 from David L. Jones, EKAPCD, to
Gerardo Rios, United States Environmental Protection Agency Region 9,
regarding Clarifications of District Rule 210.4 and 40 CFR 51.166.
(2) Letter dated August 21, 2012 from David L. Jones, EKAPCD, to
Gerardo Rios, United States Environmental Protection Agency Region 9,
regarding Clarifications of District Rule 210.4 and 40 CFR 52.21(k)(2).
(420) A new regulation for the following APCD was submitted on July
3, 2012. Final approval of this regulation is based, in part, on the
clarifications contained in a letter dated August 7, 2012 from the Yolo-
Solano Air Quality Management District regarding specific implementation
of parts of the
[[Page 313]]
Prevention of Significant Deterioration program.
(i) Incorporation by reference.
(A) Yolo-Solano Air Quality Management District.
(1) Rule 3.24, ``Prevention of Significant Deterioration,'' adopted
on June 13, 2012.
(ii) Additional materials.
(A) Yolo-Solano Air Quality Management District (YSAQMD).
(1) Letter dated August 7, 2012 from Mat Ehrhardt, YSAQMD, to
Gerardo Rios, United States Environmental Protection Agency Region 9,
regarding Clarifications of District Rule 210.4 and 40 CFR 51.166.
(421) New regulations were submitted on December 30, 2010, by the
Governor's designee. Final approval of this regulation is based, in
part, on the clarifications contained in a August 15, 2012 letter from
the South Coast Air Quality Management District regarding specific
implementation of parts of the Prevention of Significant Deterioration
program.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rule 1714, ``Prevention of Significant Deterioration for
Greenhouse Gases,'' adopted on November 5, 2010.
(ii) Additional materials.
(A) South Coast Air Quality Management District (SCAQMD).
(1) Letter dated August 15, 2012 from Mohsen Nazemi, SCAQMD, to
Gerardo Rios, EPA Region 9, regarding Clarifications for Rule 1714--
Prevention of Significant Deterioration for Greenhouse Gases.
(422) Amended regulations for the following APCDs were submitted on
September 20, 2012 by the Governor's designee.
(i) Incorporation by reference.
(A) Monterey Bay Unified Air Pollution Control District
(1) Rule 400, ``Visible Emissions,''amended on August 15, 2012.
(423) New and amended regulations for the following APCDs were
submitted on September 21, 2012, by the Governor's designee.
(i) Incorporation by reference.
(A) Placer County Air Pollution Control District
(1) Rule 301, ``Nonagricultural Burning Smoke Management,'' amended
on February 9, 2012.
(2) Rule 302, ``Agricultural Waste Burning Smoke Management,''
amended on February 9, 2012.
(3) Rule 303, ``Prescribed Burning Smoke Management,'' amended on
February 9, 2012.
(4) Rule 304, ``Land Development Burning Smoke Management,'' amended
on February 9, 2012.
(5) Rule 305, ``Residential Allowable Burning,'' amended on February
9, 2012.
(6) Rule 306, ``Open Burning of Nonindustrial Wood Waste at
Designated Disposal Sites,'' amended on February 9, 2012.
(7) Rule 233, ``Biomass Boilers,'' amended on June 14, 2012.
(B) Sacramento Metropolitan Air Quality Management District.
(1) Rule 417, ``Wood Burning Appliances,'' adopted on October 26,
2006.
(C) South Coast Air Quality Management District.
(1) Rule 461, ``Gasoline Transfer and Dispensing,'' amended on April
6, 2012.
(D) Antelope Valley Air Quality Management District.
(1) Rule 107, ``Certification of Submission and Emission
Statements,'' adopted on May 15, 2012.
(2) Rule 1151, ``Motor Vehicle and Mobile Equipment Coating
Operations,'' amended on June 19, 2012.
(E) Santa Barbara County Air Pollution Control District.
(1) Rule 102, ``Definitions'' amended on June 21, 2012.
(2) Rule 353, ``Adhesives and Sealants,'' revised on June 21, 2012.
(3) Rule 321, ``Solvent Cleaning Machines and Solvent Cleaning,''
revised on June 21, 2012.
(4) Rule 330, ``Surface Coating of Metal Parts and Products,''
revised on June 21, 2012.
(5) Rule 349, ``Polyester Resin Operations,'' revised on June 21,
2012.
(F) Feather River Air Quality Management District.
(1) Rule 10.1, ``New Source Review,'' as amended on February 6,
2012.
(424) New and amended regulations for the following APCDs were
submitted on November 7, 2012 by the Governor's designee.
(i) Incorporation by Reference
[[Page 314]]
(A) Imperial County Air Pollution Control District
(1) Rule 800, ``General Requirements for Control of Fine Particulate
Matter PM10,'' amended on October 16, 2012.
[2] Rule 804, ``Open Areas,'' amended on October 16, 2012.
[3] Rule 805, ``Paved and Unpaved Roads,'' amended on October 16,
2012.
[4] Rule 806, ``Conservation Management Practices (CMPs),'' amended
on October 16, 2012.
(425) A plan was submitted on December 28, 2012, by the Governor's
designee.
(i) [Reserved]
(ii) Additional material
(A) San Diego County Air Pollution Control District (SDAPCD).
(1) Redesignation Request and Maintenance Plan for the 1997 National
Ozone Standard for San Diego County, including motor vehicle emissions
budgets (MVEBs) and inventories.
(2) SDAPCD Resolution Number 12-175, dated December 5, 2012.
``Resolution Adopting the Redesignation Request and Maintenance Plan for
the 1997 National Ozone Standard for San Diego County,'' including
inventories and motor vehicle emissions budgets for 2020 and 2025.
(B) State of California Air Resources Board (CARB)
(1) CARB Resolution Number 12-36, dated December 6, 2012. ``Approval
of the San Diego 8-Hour Ozone SIP Redesignation Request and Maintenance
Plan,'' including inventories and motor vehicle emissions budgets for
2020 and 2025.
(426) The following plan was submitted on April 28, 2010, by the
Governor's Designee.
(i) [Reserved]
(ii) Additional materials.
(A) South Coast Air Quality Management District.
(1) Final PM10 Redesignation Request and Maintenance Plan
for the South Coast Air Basin (December 2009) (2009 South Coast
PM10 Redesignation Request and Maintenance Plan), adopted
January 8, 2010.
(2) SCAQMD Board Resolution 10-1, dated January 8, 2010, adopting
the 2009 South Coast PM10 Redesignation Request and
Maintenance Plan.
(B) State of California Air Resources Board.
(1) CARB Resolution 10-21, dated March 25, 2010, adopting the 2009
South Coast PM10 Redesignation Request and Maintenance Plan.
(427) New and amended regulations for the following APCDs were
submitted on September 26, 2012, by the Governor's Designee.
(i) Incorporation by Reference.
(A) Sacramento Metropolitan Air Quality Management District.
(1) Rule 214, ``Federal New Source Review,'' amended on August 23,
2012.
(2) Rule 217, ``Public Notice Requirements for Permits,'' adopted on
August 23, 2012.
(428) New and amended regulations for the following APCDs was
submitted on February 6, 2013, by the Governor's Designee.
(i) Incorporation by Reference.
(A) Placer County Air Pollution Control District.
(1) Rule 235, ``Adhesives,'' amended on October 11, 2012.
(2) Rule 239, ``Graphic Arts Operations,'' amended on October 11,
2012.
(B) Antelope Valley Air Quality Management District.
(1) Rule 218, ``Continuous Emission Monitoring,'' amended on July
17, 2012.
(2) Rule 218.1, ``Continuous Emission Monitoring Performance
Specifications,'' adopted on July 17, 2012.
(C) Mojave Desert Air Quality Management District.
(1) Rule 1113, ``Architectural Coatings,'' amended on April 23,
2012.
(D) South Coast Air Quality Management District.
(1) Rule 1177, ``Liquefied Petroleum Gas Transfer and Dispensing,''
adopted on June 1, 2012.
(429) New and amended regulations for the following APCDs was
submitted on April 22, 2013, by the Governor's Designee.
(i) Incorporation by Reference.
(A) Ventura County Air Pollution Control District.
(1) Rule 74.20, ``Adhesives and Sealants,'' revised on September 11,
2012.
(B) Antelope Valley Air Quality Management District.
(1) Rule 431.1, ``Sulfur Content of Gaseous Fuels,'' amended on
August 21, 2012.
[[Page 315]]
(C) Monterey Bay Unified Air Pollution Control District.
(1) Rule 426, ``Architectural Coatings,'' amended on August 15,
2012.
(430) New and amended regulations for the following APCD was
submitted on June 11, 2013 by the Governor's Designee.
(i) Incorporation by Reference.
(A) South Coast Air Quality Management District.
(1) Rule 444, ``Open Burning,'' adopted on May 3, 2013.
(2) Rule 445, ``Wood Burning Devices,'' adopted on May 3, 2013.
(431) A plan was submitted on December 7, 2010, by the Governor's
designee.
(i) [Reserved]
(ii) Additional materials
(A) Sacramento Metropolitan Air Quality Management District
(SMAQMD).
(1) PM10 Implementation/Maintenance Plan and
Redesignation Request for Sacramento County, including motor vehicle
emissions budgets (MVEBs) and attainment year emission inventory.
(2) SMAQMD Resolution Number 2010-046, dated October 28, 2010.
``Sacramento Metropolitan Air Quality Management District
PM10 Implementation/Maintenance Plan and Redesignation
Request for Sacramento County,'' including attainment year emissions
inventory and MVEBs for 2012 and 2022.
(B) State of California Air Resources Board (CARB).
(1) CARB Resolution Number 10-37, dated November 18, 2010.
``Adoption and Submittal of the PM10 Implementation/
Maintenance Plan and Redesignation Request for Sacramento County,''
including attainment year emissions inventory and MVEBs for 2012 and
2022.
(432) The following plan was submitted on November 14, 2011, by the
Governor's Designee.
(i) [Reserved]
(ii) Additional materials.
(A) South Coast Air Quality Management District.
(1) South Coast Air Quality Management District Proposed Contingency
Measures for the 2007 PM2.5 SIP (dated October 2011)
(``Contingency Measures SIP''), adopted October 7, 2011.
(2) SCAQMD Resolution No. 11-24, dated October 7, 2011, adopting the
Contingency Measures SIP.
(3) Letter dated April 24, 2013 from Elaine Chang, Deputy Executive
Officer, SCAQMD, to Deborah Jordan, Director, Air Division, EPA Region
9, Re: ``Update of the 2012 RFP Emissions and 2015 Reductions from
Contingency Measures for the 2007 Annual PM2.5 Air Quality
Management Plan for the South Coast Air Basin,'' including attachments.
(B) State of California Air Resources Board.
(1) CARB Executive Order S-11-023, dated November 14, 2011, adopting
the Contingency Measures SIP.
(433) The following plan was submitted on June 20, 2012, by the
Governor's Designee.
(i) [Reserved]
(ii) Additional materials.
(A) South Coast Air Quality Management District.
(1) Final 2012 Lead State Implementation Plan--Los Angeles County
(May 2012) (``2012 Los Angeles County Lead SIP''), adopted May 4, 2012.
(2) SCAQMD Board Resolution 12-11, dated May 4, 2012, adopting the
2012 Los Angeles County Lead SIP.
(B) State of California Air Resources Board.
(1) CARB Resolution 12-20, dated May 24, 2012, adopting the 2012 Los
Angeles County Lead SIP.
(434) New and amended regulations for the following APCDs was
submitted on September 24, 2013, by the Governor's Designee.
(i) Incorporation by Reference.
(A) Placer County Air Pollution Control District.
(1) Rule 240, ``Surface Preparation and Cleanup,'' amended on
December 11, 2003.
(435) A plan revision submitted on November 15, 2012 by the
Governor's Designee.
(i) [Reserved]
(ii) Additional materials.
(A) Butte County Air Quality Management District.
(1) ``2012 PM2.5 Emission Inventory Submittal to the
State Implementation Plan for the Chico, CA/Butte County (partial)
Planning Area,'' as
[[Page 316]]
submitted by the California Air Resources Board on November 15, 2012.
The document in CARB's submittal is titled, ``Chico Nonattainment Area
(Partial Butte County) 2011 Daily Winter-Time Emissions Inventory (Base
Year 2005--Grown and Controlled in Tons Per Day.''
(436) A plan revision submitted on January 14, 2013 by the
Governor's Designee.
(i) [Reserved]
(ii) Additional materials.
(A) San Francisco Bay Area Air Quality Management District.
(1) ``2012 PM2.5 Emission Inventory to the State
Implementation Plan for the San Francisco Bay Area'' as submitted by the
California Air Resources Board on January 14, 2013. The document in
CARB's submittal is titled, ``Bay Area Winter Emissions Inventory for
Primary PM2.5 & PM Precursors: Year 2010.''
(437) New and amended regulations for the following APCD was
submitted on November 17, 2009 by the Governor's designee.
(i) [Reserved]
(ii) Additional Material
(A) Ventura County Air Pollution Control District.
(1) Reasonably Available Control Technology State Implementation
Plan Revision (2009 RACT SIP Revision) as adopted on September 15, 2009
(``2009 RACT SIP'').
(438) The following plan was submitted on July 3, 2013, by the
Governor's Designee.
(i) [Reserved]
(ii) Additional materials.
(A) San Joaquin Valley Unified Air Pollution Control District.
(1) ``Quantifying Contingency Reductions for the
2008PM2.5 Plan'' (dated June 20, 2013), adopted October 7,
2011.
(2) SJVUAPCD Governing Board Resolution No. 13-6-18, dated June 20,
2013, ``In the Matter of: Authorizing Submittal of the `Quantification
of Contingency Reductions for the 2008 PM2.5 Plan' to EPA.''
(3) Electronic mail, dated July 24, 2013, from Samir Sheikh,
SJVUAPCD, to Kerry Drake, EPA Region 9, ``RE: Per our conversation
earlier.''
(B) State of California Air Resources Board.
(1) CARB Executive Order 13-30, dated June 27, 2013, ``San Joaquin
Valley PM2.5 Contingency Measures Update.''
[37 FR 10850, May 31, 1972]
Editorial Notes: 1. For Federal Register citations affecting
Sec. 52.220, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
2. At 77 FR 2233, Jan. 17, 2012, and at 77 FR 7537, Feb. 13, 2012,
Sec. 52.220 was amended; however, the amendments could not be
incorporated due to inaccurate amendatory instruction.
Effective Date Notes: 1. At 79 FR 28615, May 19, 2014, Sec. 52.220
was amended by adding paragraphs (c)(332)(i)(B)(4) and (c)(429)(i)(A)(2
and (3), effective July 18, 2014. For the convenience of the user, the
added text is set forth as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(332) * * *
(i) * * *
(B) * * *
(4) Rule 5, ``Effective Date,'' amended on April 13, 2004.
* * * * *
(429) * * *
(i) * * *
(A) * * *
(2) Rule 74.11.1, ``Large Water Heaters and Small Boilers,'' amended
on September 11, 2012.
(3) Rule 74.15.1, ``Boilers, Steam Generators, and Process
Heaters,'' amended on September 11, 2012.
* * * * *
2. At 79 FR 34435, June 17, 2014, Sec. 52.220 was amended by adding
paragraph (c)(342)(i)(D)(2), effective Aug. 15, 2014. For the
convenience of the user, the added text is set forth as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(342) * * *
(i) * * *
(D) * * *
(2) Rule 502, ``Conservation Management Practices,'' adopted on July
7, 2005.
* * * * *
[[Page 317]]
3. At 79 FR 37224, July 1, 2014, Sec. 52.220 was amended by adding
paragraphs (c)(429)(i)(A)(4) and (5), effective Sept. 2, 2014. For the
convenience of the user, the added text is set forth as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(429) * * *
(i) * * *
(A) * * *
(4) Rule 74.13, ``Aerospace Assembly and Component Manufacturing
Operations,'' revised on September 11, 2012.
(5) Rule 74.24, ``Marine Coating Operations,'' revised on September
11, 2012.
* * * * *
4. At 79 FR 37226, July 1, 2014, Sec. 52.220 was amended by adding
paragraph (c)(199)(i)(D)(10), effective Sept. 2, 2014. For the
convenience of the user, the added text is set forth as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(199) * * *
(i) * * *
(D) * * *
(10) Rules 1040, 1050, 1070 and 1090 adopted on June 18,1992 and
amended on December 17, 1992.
* * * * *
Sec. 52.221 Classification of regions.
The California plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
----------------------------------------------------------
Air quality control region Photochemical
Particulate Sulfur Nitrogen Carbon oxidants
matter oxides dioxide monoxide (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
North Coast Intrastate............................... II III III III III
San Francisco Bay Area Intrastate.................... II II III I I
North Central Coast Intrastate....................... II III III III I
South Central Coast Intrastate....................... III III III III III
Metropolitan Los Angeles Intrastate.................. I II I I I
Northeast Plateau Intrastate......................... III III III III III
Sacramento Valley Intrastate......................... II III III I I
San Joaquin Valley Intrastate........................ I III III I I
Great Basin Valley Intrastate........................ III III III III III
Southeast Desert Intrastate.......................... I III III III I
San Diego Intrastate................................. II III III I I
Lake County Intrastate............................... II III III III III
Lake Tahoe Intrastate................................ II III III I I
Mountain Counties Intrastate......................... II III III I I
----------------------------------------------------------------------------------------------------------------
[37 FR 10850, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 46
FR 3884, Jan. 16, 1981]
Sec. 52.222 Negative declarations.
(a) The following air pollution control districts submitted negative
declarations for volatile organic compound source categories to satisfy
the requirements of section 182 of the Clean Air Act, as amended. The
following negative declarations are approved as additional information
to the State Implementation Plan.
(1) Mojave Desert Air Quality Management District.
(i) Natural Gas and Gasoline Processing Equipment and Chemical
Processing and Manufacturing were submitted on July 13, 1994 and adopted
on May 25, 1994.
(ii) Asphalt Air Blowing was submitted on December 20, 1994 and
adopted on October 26, 1994.
(iii) Vacuum Producing Devices or Systems was submitted on December
29, 1994 and adopted on December 21, 1994.
(iv) Synthetic Organic Chemical Manufacturing Industry (SOCMI)
Distillation, SOCMI Reactors, SOCMI Batch Processing, Offset
Lithography,
[[Page 318]]
Industrial Wastewater, Plastic Parts Coating (Business Machines),
Plastic Parts (Other), and Ship Building were submitted on August 7,
1995 and adopted on June 28, 1995.
(v) Pneumatic Rubber Tire Manufacturing, Large Petroleum Dry
Cleaners, Surface Coating of Cans, Surface Coating of Coils, Surface
Coating Fabrics, Surface Coating Operations at Automotive and Light Duty
Truck Assembly Plants, Surface of Coating of Large Appliances, Surface
of Coating of Magnet Wire, Vacuum Producing Devices or Systems, Leaks
From Petroleum Refinery Equipment, Process Unit Turnarounds, Equipment
Leaks From Natural Gas/Gasoline Processing Plants, Synthesized
Pharmaceutical Products, Air Oxidation Process--SOCMI, Polymer
Manufacturing SOCMI and Polymer Manufacturing Equipment Leaks, Reactor
Processes and Distillation Operations in SOCMI, and Synthetic Organic
Chemical Polymer and Resin Manufacturing were submitted on July 11, 2007
and adopted January 22, 2007.
(vi) Petroleum Refinery Equipment, Manufacture of High-Density
Polyethylene, Polypropylene, and Polystyrene Resins, and Fugitive
Emissions from Synthetic Organic Chemical Polymer and Resin
Manufacturing Equipment were submitted on October 22, 2010 and adopted
on August 23, 2010.
(2) Sacramento Metropolitan Air Quality Management District.
(i) Plastic Parts Coating: Business Machines and Plastic Parts
Coating: Other were submitted on June 6, 1996 and adopted on May 2,
1996.
(ii) Coating Operations at Aerospace Manufacturing and Rework
Operations was submitted on January 12, 2012 and adopted on October 27,
2011.
(iii) Fiberglass and Boat Manufacturing Materials and Automobile and
Light-Duty Truck Assembly Coatings were submitted on July 12, 2012 and
adopted on March 22, 2012.
(3) Santa Barbara County Air Pollution Control District.
(i) Industrial Wastewater, Plastic Parts Coating: Business Machines,
Plastic Parts Coating: Other, Industrial Cleaning Solvents, Offset
Lithography, and Shipbuilding Coatings were submitted on July 12, 1996
and adopted on May 16, 1996.
(ii) Synthetic Organic Chemical Manufacturing Industry (SOCMI) Batch
Processing, SOCMI Reactors, and SOCMI Distillation; and Wood Furniture
Manufacturing Operations were submitted on April 9, 2002 and adopted on
February 21, 2002.
(4) Placer County Air Pollution Control District.
(i) Aerospace Coatings; Industrial Waste Water Treatment; Plastic
Parts Coating: Business Machines; Plastic Parts Coating: Other;
Shipbuilding and Repair; Synthetic Organic Chemical Manufacturing, Batch
Plants; and Synthetic Organic Chemical Manufacturing, Reactors were
submitted on February 25, 1998 and adopted on October 7, 1997.
(5) San Diego County Air Pollution Control District.
(i) Synthetic organic chemical manufacturing (distillation),
synthetic organic chemical manufacturing (reactors), wood furniture,
plastic parts coatings (business machines), plastic parts coatings
(other), offset lithography, industrial wastewater, autobody
refinishing, and volatile organic liquid storage were submitted on
February 25, 1998 and adopted on October 22, 1997.
(6) Antelope Valley Air Pollution Control District.
(i) Motor Vehicle Assembly Line Coating Operations submitted on
January 12, 1999 and adopted on November 18, 1997.
(ii) Refinery Process Turnarounds submitted on February 16, 1999 and
adopted on November 18, 1997.
(iii) Marine Vessel Coating Operations, Marine Tank Vessel
Operations, and Thermal Enhanced Oil Recovery Wells submitted on June
23, 1998 and adopted on January 20, 1998.
(iv) Pharmaceuticals and Cosmetic Manufacturing Operations submitted
on March 28, 2000 and adopted on January 18, 2000.
(v) Metal Container, Closure and Coil Coating Operations and Magnet
Wire Coating Operations submitted on June 3, 2004 and adopted on
February 17, 2004.
(vi) Control of Volatile Compound Emissions from Resin Manufacturing
[[Page 319]]
and Surfactant Manufacturing submitted on July 19, 2004 and adopted on
March 16, 2004.
(vii) Large Appliances, Surface Coating; Wood Furniture Surface
Coating; Gasoline Bulk Plants, Equipment Leaks from Natural Gas/Gasoline
Processing Plants; Leaks from Petroleum Refinery Equipment; Air
Oxidation Processes (SOCMI); Reactor and Distillation Processes (SOCMI);
Tank Truck Gasoline Loading Terminals 76,000 L; Manufacture
of Synthesized Pharmaceutical Products; Manufacture of Pneumatic Rubber
Tires; Manufacture of High Density Polyethylene, Polypropylene and
Polystyrene; Equipment Used in Synthetic Organic Chemical Polymers and
Resin Manufacturing; Refinery Vacuum-Producing Systems, Wastewater
Separators and Process Unit Turnarounds; and Magnetic Wire Coating
Operations submitted on January 31, 2007 and adopted on September 19,
2006.
(viii) Ship Repair Operations; Storage of Petroleum Liquids in Fixed
Roof Tanks; and Petroleum Liquid Storage in External Floating Roof Tanks
submitted on January 7, 2011 and adopted on October 19, 2010.
(ix) Petroleum Coke Calcining Operations--Oxides of Sulfur submitted
on June 20, 2011 and adopted on January 18, 2011.
(7) El Dorado County Air Pollution Control District.
(i) Bulk Terminal Facilities or External or Internal Floating Roof
Tank Sources was submitted on May 23, 2001 and adopted on April 3, 2001.
(ii) Control of VOC Emissions from Existing Stationary Sources,
Volume VI: Surface Coating of Miscellaneous Metal Parts and Products;
Control of VOC Emissions from Solvent Metal Cleaning; and Control of VOC
Emissions from Existing Stationary Sources, Volume VIII: Graphic Arts--
Rotogravure and Flexography submitted on September 30, 2013 and adopted
on December 11, 2012.
(iii) Control of VOC Emissions from Coating Operations at Aerospace
Manufacturing and Rework; Control of Volatile Organic Emissions from
Existing Stationary Sources--Volume II: Surface Coating of Cans, Coils,
Paper, Fabrics, Automobiles, and Light-Duty Trucks; Control of Volatile
Organic Emissions from Existing Stationary Sources, Volume V: Surface
Coating of Large Appliances; Control of Volatile Organic Emissions from
Existing Stationary Sources, Volume IV: Surface Coating of Insulation of
Magnet Wire; Control of Volatile Organic Emissions from Existing
Stationary Sources, Volume III: Surface Coating of Metal Furniture; 61
FR 44050 Shipbuilding and Ship Repair Operations (Surface Coating);
Control of Volatile Organic emissions from Existing Stationary Sources,
Volume VII: Factory Surface Coating of Flat Wood Paneling; Control of
VOC Emissions from Wood Furniture Manufacturing Operations; Control of
VOC Equipment Leaks from Natural Gas/Gasoline Processing Plants; Control
of Refinery Vacuum Producing Systems, Wastewater Separators, and Process
Unit Turnarounds; Control of VOC Leaks from Petroleum Refinery
Equipment; Control of VOC Emissions from Air Oxidation Processes in
Synthetic Organic Chemical Manufacturing Industry; Control of VOC
Emissions from Reactor Processes and Distillation Operations in SOCMI;
Control of VOC Emissions from Storage of Petroleum Liquids in Fixed Roof
Tanks; Control of VOC Emissions from Petroleum Liquid Storage in
External Floating Roof Tanks; Control of VOC Emissions from Large
Petroleum Dry Cleaners; Control of Volatile Organic Emissions from
Manufacture of Synthesized Pharmaceutical Products; Control of VOC
Emissions from Manufacture of High-Density Polyethylene, Polypropylene,
and Polystyrene Resins; Control of VOC Fugitive Emissions from Synthetic
Organic Chemical Polymer and Resin Manufacturing Equipment; and Control
of Volatile Organic Emissions from Manufacture of Pneumatic Rubber Tires
were submitted on July 11, 2007 and adopted on February 6, 2007.
(8) San Joaquin Valley Unified Air Pollution Control District.
(i) Synthesized Pharmaceutical Products Manufacturing and Coating
Operations at Shipbuilding/Ship Repair Facilities submitted on June 18,
2009 and adopted on April 16, 2009.
[[Page 320]]
(ii) Rubber Tire Manufacturing submitted on June 20, 2011 and
adopted on September 20, 2010.
(9) Northern Sierra Air Quality Management District.
(i) Flexible Package Printing, Flat Wood Paneling Coatings, Paper,
Film, and Foil Coatings, Large Appliance Coatings, Metal Furniture
Coatings, Industrial Cleaning Solvents, and Offset Lithographic Printing
and Letterpress Printing were submitted on August 14, 2008 and adopted
on May 19, 2008.
(ii) Fiberglass Boat Manufacturing Materials, Miscellaneous
Industrial Adhesives, and Automobile and Light-Duty Truck Assembly
Coatings were submitted on May 17, 2011 and adopted on April 25, 2011.
(10) Ventura County Air Pollution Control District.
(i) EPA-453/R06-004 Control Techniques Guidelines for Flat Wood
Paneling Coatings; EPA-453/R-07-004 Control Techniques Guidelines for
Large Appliance Coatings; EPA-453/R-07-003 Control Techniques Guidelines
for Paper, Film, and Foil Coatings; EPA-452/R-08-006 Control Techniques
Guidelines for Automobile and Light-Duty Truck Assembly Coatings; EPA
453/R-08-005 Control Techniques Guidelines for Miscellaneous Industrial
Adhesives; EPA 453/R-06-003 Control Techniques Guidelines for Flexible
Package Printing; EPA 453/R-07-005 Control Techniques Guidelines for
Metal Furniture Coatings; and EPA 453/R-08-004 Control Techniques
Guidelines for Fiberglass Boat Manufacturing Materials were submitted on
November 17, 2009 and adopted on September 15, 2009.
(b) The following air pollution control districts submitted negative
declarations for oxides of nitrogen source categories to satisfy the
requirements of section 182 of the Clean Air Act, as amended. The
following negative declarations are approved as additional information
to the State Implementation Plan.
(1) Sacramento Metropolitan Air Quality Management District.
(i) Nitric and Adipic Acid Manufacturing Plants, Utility Boilers,
Cement Manufacturing Plants, Glass Manufacturing Plants, and Iron and
Steel Manufacturing Plants were submitted on March 4, 1996, and adopted
on August 3, 1995.
(2) San Joaquin Valley Unified Air Pollution Control District.
(i) Nitric and Adipic Acid Manufacturing Plants, Cement
Manufacturing Plants, Asphalt Batch Plants, Iron and Steel Manufacturing
Plants, and Driers were submitted on October 17, 1994 and adopted on
September 14, 1994.
(3) Placer County Air Pollution Control District.
(i) Nitric and Adipic Acid Manufacturing Plants, Utility Boilers,
Cement Manufacturing Plants, Glass Manufacturing Plants, and Iron and
Steel Manufacturing Plants were submitted on February 25, 1998 and
adopted on October 9, 1997.
(4) Antelope Valley Air Pollution Control District.
(i) Boilers and Process Heaters In Petroleum Refineries submitted on
May 13, 1999 and adopted on April 21, 1998.
(ii) Cement Kilns and Glass Melting Furnaces submitted on July 23,
1999 and adopted on March 16, 1999.
(iii) Nitric Acid Units submitted on March 28, 2000 and adopted on
January 18, 2000.
[60 FR 47076, Sept. 11, 1995]
Editorial Note: For Federal Register citations affecting
Sec. 52.222, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
Sec. 52.223 Approval status.
(a) With the exceptions set forth in this subpart, the Administrator
approves California's plan for the attainment and maintenance of the
national standards under section 110 of the Clean Air Act.
(b) With the exceptions set forth in this subpart, the Administrator
approves the plan with respect to Part D, Title I of the Clean Air Act,
as amended in 1977, for the nonattainment areas listed in this
paragraph. In addition, continued satisfaction of the requirements of
Part D for the ozone portion of the State Implementation Plan (SIP)
depends on the adoption and submittal of reasonably available control
technology (RACT) requirements by July 1, 1980, for sources covered by
Control Technique Guidelines (CTGs)
[[Page 321]]
issued between January 1978 and January 1979 and adoption and submittal
by each subsequent January of additional RACT requirements for sources
covered by CTGs issued by the previous January.
(1) Imperial County for O3.
(2) North Central Coast Air Basin for O3.
(3) South Coast Air Basin for O3, CO, NO2, and
PM.
(4) San Diego Air Basin for O3, CO, and TSP.
(5) San Joaquin Valley Air Basin.
(i) Kern County nonattainment area for ozone, CO, SO2,
and PM.
(ii) Kings County for O3 and TSP.
(iii) Madera County for O3 and TSP.
(iv) Merced County for O3 and TSP.
(v) San Joaquin County for CO, O3 and TSP.
(vi) Stanislaus County for CO, O3 and TSP.
(vii) Tulare County for O3 and TSP.
(viii) Fresno County for O3, CO, and TSP.
(6) South Central Coast Air Basin.
(i) Santa Barbara County nonattainment area for O3, CO
and TSP.
(ii) Ventura County for O3, CO and TSP.
(7) Sacramento Valley Air Basin.
(i) Butte County for O3 and CO.
(ii) Sutter County for O3.
(iii) Yuba County for O3.
(iv) Sacramento AQMA for O3.
(v) Sacramento County Metropolitan Area for CO.
(8) Southeast Desert Air Basin.
(i) Los Angeles County for Ozone.
(ii) San Bernardino County for Ozone.
(iii) Riverside County for Ozone.
(9) San Francisco Bay Area Air Basin for O3, CO and TSP.
(10) Mountain Counties Air Basin.
(i) El Dorado County (Mountain Counties Air Basin portion) for
O3.
(ii) Placer County (Mid-County portion) for O3.
(c) [Reserved]
(d) With the exceptions set forth in this subpart, the Administrator
approves the plan with respect to Part D, Title I of the Clean Air Act,
as amended in 1977, for the nonattainment areas listed in this
paragraph.
(1) Lake Tahoe Basin for CO.
(2) EPA approves the CO plan for the Lake Tahoe Basin as meeting the
requirements of Part D. This approval includes the resolution of the
Lake Tahoe Regional Planning Agency banning new source construction
pending the adoption of a new regional plan and ordinances. However, EPA
disapproves the plan for any future time during which the Tahoe Regional
Planning Agency may remove its construction ban prior to EPA approval of
the new regional plan and ordinances.
(e) The Administrator approves the following portions of the 1999
Ozone Attainment Plan for the San Francisco Bay Area submitted by the
California Air Resources Board on August 13, 1999: the 1995 baseline
emissions inventory, the reasonable further progress demonstration, and
the deletion of transportation control measures 6 and
16.
(f)(1) Insofar as the Prevention of Significant Deterioration (PSD)
provisions found in North Coast Unified Air Quality Management
District's approved plan apply to stationary sources of greenhouse gas
(GHGs) emissions, the Administrator approves that application only to
the extent that GHGs are ``subject to regulation'', as provided in this
paragraph (b), and the Administrator takes no action on that application
to the extent that GHGs are not ``subject to regulation.''
(2) Beginning January 2, 2011, the pollutant GHGs is subject to
regulation if:
(i) The stationary source is a new major stationary source for a
regulated NSR pollutant that is not GHGs, and 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
[[Page 322]]
will result in an emissions increase of 75,000 tpy CO2e or
more.
(4) For purposes of this paragraph (b)--
(i) The term greenhouse gas shall mean the air pollutant defined in
40 CFR 86.1818-12(a) as the aggregate group of six greenhouse gases:
Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons,
perfluorocarbons, and sulfur hexafluoride.
(ii) The term tpy CO2 equivalent emissions
(CO2e) shall represent an amount of GHGs emitted, and shall
be computed as follows:
(A) Multiplying the mass amount of emissions (tpy), for each of the
six greenhouse gases in the pollutant GHGs, by the gas's associated
global warming potential published at Table A-1 to subpart A of 40 CFR
part 98--Global Warming Potentials.
(B) Sum the resultant value from paragraph (b)(4)(ii)(A) of this
section for each gas to compute a tpy CO2e.
(iii) The term emissions increase shall mean that both a significant
emissions increase (as calculated using the procedures in the EPA-
approved North Coast Unified Air Quality Management District rules at
R1-1-130(s2)) and a significant net emissions increase (as defined in
the North Coast Unified Air Quality Management District rules at R1-1-
130(n1)) occur. For the pollutant GHGs, an emissions increase shall be
based on tpy CO2e, and shall be calculated assuming the
pollutant GHGs is a regulated NSR pollutant, and ``significant'' is
defined as 75,000 tpy CO2e instead of applying the value in
the EPA-approved North Coast Unified Air Quality Management District
rules at R1-1-130(s2).
(g)(1) Insofar as the Prevention of Significant Deterioration (PSD)
provisions found in Northern Sonoma County Air Pollution Control
District's approved plan apply to stationary sources of greenhouse gas
(GHGs) emissions, the Administrator approves that application only to
the extent that GHGs are ``subject to regulation'', as provided in this
paragraph (b), and the Administrator takes no action on that application
to the extent that GHGs are not ``subject to regulation.''
(2) Beginning January 2, 2011, the pollutant GHGs is subject to
regulation if:
(i) The stationary source is a new major stationary source for a
regulated NSR pollutant that is not GHGs, and also will emit or will
have the potential to emit 75,000 tpy CO2e or more; or
(ii) The stationary source is an existing major stationary source
for a regulated NSR pollutant that is not GHGs, and also will have an
emissions increase of a regulated NSR pollutant, and an emissions
increase of 75,000 tpy CO2e or more; and,
(3) Beginning July 1, 2011, in addition to the provisions in
paragraph (b)(2) of this section, the pollutant GHGs shall also be
subject to regulation:
(i) At a new stationary source that will emit or have the potential
to emit 100,000 tpy CO2e; or
(ii) At an existing stationary source that emits or has the
potential to emit 100,000 tpy CO2e, when such stationary
source undertakes a physical change or change in the method of operation
that will result in an emissions increase of 75,000 tpy CO2e
or more.
(4) For purposes of this paragraph (b)--
(i) The term greenhouse gas shall mean the air pollutant defined in
40 CFR 86.1818-12(a) as the aggregate group of six greenhouse gases:
Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons,
perfluorocarbons, and sulfur hexafluoride.
(ii) The term tpy CO2 equivalent emissions
(CO2e) shall represent an amount of GHGs emitted, and shall
be computed as follows:
(A) Multiplying the mass amount of emissions (tpy), for each of the
six greenhouse gases in the pollutant GHGs, by the gas's associated
global warming potential published at Table A-1 to subpart A of 40 CFR
part 98--Global Warming Potentials.
(B) Sum the resultant value from paragraph (b)(4)(ii)(A) of this
section for each gas to compute a tpy CO2e.
(iii) The term emissions increase shall mean that both a significant
emissions increase (as calculated using the procedures in the EPA-
approved Northern Sonoma County Air Pollution Control District rules at
R1-1-130(s2)) and a significant net emissions increase (as defined in
the Northern Sonoma County Air Pollution Control District rules at R1-1-
130(n1)) occur.
[[Page 323]]
For the pollutant GHGs, an emissions increase shall be based on tpy
CO2e, and shall be calculated assuming the pollutant GHGs is
a regulated NSR pollutant, and ``significant'' is defined as 75,000 tpy
CO2e instead of applying the value in the EPA-approved
Northern Sonoma County Air Pollution Control District rules at R1-1-
130(s2).
(h)(1) Insofar as the Prevention of Significant Deterioration (PSD)
provisions found in Mendocino County Air Quality Management District's
approved plan apply to stationary sources of greenhouse gas (GHGs)
emissions, the Administrator approves that application only to the
extent that GHGs are ``subject to regulation'', as provided in this
paragraph (b), and the Administrator takes no action on that application
to the extent that GHGs are not ``subject to regulation.''
(2) Beginning January 2, 2011, the pollutant GHGs is subject to
regulation if:
(i) The stationary source is a new major stationary source for a
regulated NSR pollutant that is not GHGs, and also will emit or will
have the potential to emit 75,000 tpy CO2e or more; or
(ii) The stationary source is an existing major stationary source
for a regulated NSR pollutant that is not GHGs, and also will have an
emissions increase of a regulated NSR pollutant, and an emissions
increase of 75,000 tpy CO2e or more; and,
(3) Beginning July 1, 2011, in addition to the provisions in
paragraph (b)(2) of this section, the pollutant GHGs shall also be
subject to regulation:
(i) At a new stationary source that will emit or have the potential
to emit 100,000 tpy CO2e; or
(ii) At an existing stationary source that emits or has the
potential to emit 100,000 tpy CO2e, when such stationary
source undertakes a physical change or change in the method of operation
that will result in an emissions increase of 75,000 tpy CO2e
or more.
(4) For purposes of this paragraph (b)--
(i) The term greenhouse gas shall mean the air pollutant defined in
40 CFR 86.1818-12(a) as the aggregate group of six greenhouse gases:
Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons,
perfluorocarbons, and sulfur hexafluoride.
(ii) The term tpy CO2 equivalent emissions
(CO2e) shall represent an amount of GHGs emitted, and shall
be computed as follows:
(A) Multiplying the mass amount of emissions (tpy), for each of the
six greenhouse gases in the pollutant GHGs, by the gas's associated
global warming potential published at Table A-1 to subpart A of 40 CFR
part 98--Global Warming Potentials.
(B) Sum the resultant value from paragraph (b)(4)(ii)(A) of this
section for each gas to compute a tpy CO2e.
(iii) The term emissions increase shall mean that both a significant
emissions increase (as calculated using the procedures in the EPA-
approved Mendocino County Air Quality Management District rules at R1-1-
130(s2)) and a significant net emissions increase (as defined in the
Mendocino County Air Quality Management District rules at R1-1-130(m1)
(1982)) occur. For the pollutant GHGs, an emissions increase shall be
based on tpy CO2e, and shall be calculated assuming the
pollutant GHGs is a regulated NSR pollutant, and ``significant'' is
defined as 75,000 tpy CO2e instead of applying the value in
the EPA-approved Mendocino County Air Quality Management District rules
at R1-1-130(s2).
[45 FR 74484, Nov. 11, 1980]
Editorial Note: For Federal Register citations affecting
Sec. 52.223, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
Sec. 52.224 General requirements.
(a) The requirements of Sec. 51.116(c) of this chapter are not met
except in certain Air Pollution Control Districts (APCD) as indicated in
this paragraph since the plan does not provide procedures by which
emission data, as correlated with applicable emission limitations, will
be made available to the public.
(1) The following APCD's meet the requirements of Sec. 51.116(c) of
this chapter:
(i) Siskiyou County APCD.
(ii) San Diego County APCD.
(iii) Great Basin Unified APCD.
(iv) Del Norte County APCD.
(v) Humboldt County APCD.
(vi) Mendocino County APCD.
[[Page 324]]
(vii) Northern Sonoma County APCD.
(viii) Trinity County APCD.
(ix) Amador County APCD.
(2) The following APCD's do not provide for the correlation of
emission data with applicable emission limitations as required by
Sec. 51.116(c) of this chapter. In these APCD's, only the requirements
of Sec. 52.224(b)(4) are in effect:
(i) Merced County APCD.
(ii) Stanislaus County APCD.
(iii) Fresno County APCD.
(iv) Calaveras County APCD.
(v) Tuolumne County APCD.
(vi) San Joaquin County APCD.
(vii) Mariposa County APCD.
(viii) Tulare County APCD.
(ix) Kern County APCD.
(x) Madera County APCD.
(xi) Yolo-Solano APCD.
(xii) Sutter County APCD.
(xiii) Glenn County APCD.
(xiv) Tehama County APCD.
(xv) Sierra County APCD.
(xvi) Shasta County APCD.
(xvii) Sacramento County APCD.
(xviii)-(xix) [Reserved]
(xx) Lake County APCD.
(xxi) Imperial County APCD.
(xxii) [Reserved]
(xxiii) Ventura County APCD.
(xxiv) Monterey Bay Unified APCD.
(xxv) [Reserved]
(xxvi) San Luis Obispo County APCD.
(xxvii) Kings County APCD.
(xxviii) Plumas County APCD.
(xxix) Nevada County APCD.
(b) Regulation for public availability of emission data. (1) Any
person who cannot obtain emission data from the Agency responsible for
making emission data available to the public, as specified in the
applicable plan, except for those APCD's specified in paragraph (a) of
this section, concerning emissions from any source subject to emission
limitations which are part of the approved plan may request that the
appropriate Regional Administrator obtain and make public such data.
Within 30 days after receipt of any such written request, the Regional
Administrator shall require the owner or operator of any such source to
submit information within 30 days on the nature and amounts of emissions
from such source and any other information as may be deemed necessary by
the Regional Administrator to determine whether such source is in
compliance with applicable emission limitations or other control
measures that are part of the applicable plan.
(2) Commencing after the initial notification by the Regional
Administrator pursuant to paragraph (b)(1) of this section, the owner or
operator of the source shall maintain records of the nature and amounts
of emissions from such source and any other information as may be deemed
necessary by the Regional Administrator to determine whether such source
is in compliance with applicable emission limitations or other control
measures that are part of the plan. The information recorded shall be
summarized and reported to the Regional Administrator, on forms
furnished by the Regional Administrator, and shall be submitted within
45 days after the end of the reporting period. Reporting periods are
January 1 to June 30 and July 1 to December 31.
(3) Information recorded by the owner or operator and copies of this
summarizing report submitted to the Regional Administrator shall be
retained by the owner or operator for 2 years after the date on which
the pertinent report is submitted.
(4) Emission data obtained from owners or operators of stationary
sources will be correlated with applicable emission limitations and
other control measures that are part of the applicable plan and will be
available at the appropriate regional office and at other locations in
the state designated by the Regional Administrator.
(c) The deletion of the following rules or portions of rules is
disapproved, since these regulations are necessary to fulfill the
requirements of 40 CFR 51.116(c).
(1) Northcoast intrastate region:
(i) Lake County APCD.
(A) Section 49a, Public Records, and Section 49b, Record, of Part
III, Definitions; and Part II, Authorization and Disclosure, submitted
on October 23, 1974 and previously approved under 40 CFR 52.223, are
retained.
[40 FR 55328, Nov. 28, 1975]
Editorial Note: For Federal Register citations affecting
Sec. 52.224, see the List of CFR Sections Affected, which appears in the
[[Page 325]]
Finding Aids section of the printed volume and at www.fdsys.gov.
Sec. 52.225 Legal authority.
(a) The requirements of Sec. 51.230(c) of this chapter are not met
since the State Emergency Services Act does not apply to air pollution
emergencies in a manner comparable to section 303 of the Clean Air Act,
as amended.
(b) The requirements of Sec. 51.230(f) of this chapter are not met
since authority to make emission data available to the public
inadequate. Such release is precluded under certain circumstances.
[37 FR 10852, May 31, 1972, as amended at 51 FR 40676, Nov. 7, 1986]
Sec. 52.226 Control strategy and regulations: Particulate matter,
San Joaquin Valley and Mountain Counties Intrastate Regions.
(a) [Reserved]
(b) The following regulatory changes represent a relaxation of
previously submitted regulations and an adequate control strategy has
not been submitted showing that the relaxation will not interfere with
attainment and maintenance of the National Ambient Air Quality Standards
for particulate matter:
(1) Kings County APCD.
(i) Rule 405, Process Weight, submitted on July 25, 1973 is
disapproved; and Rule 405, submitted on June 30, 1972, and previously
approved in 40 CFR 52.223 is retained.
(ii) Rule 407.1, Disposal of Solid and Liquid Wastes, submitted on
November 4, 1977, is disapproved; and Rule 407.1, Disposal of Solid and
Liquid Wastes, submitted on June 30, 1972, and previously approved under
40 CFR 52.223 is retained.
(2) Calaveras County APCD.
(i) The revocation of Rule 407(b), Combustion Contaminants, is
disapproved; and Rule 407(b), submitted on June 30, 1972, and previously
approved in 40 CFR 52.223 is retained.
(ii) The revocation of Rule 408, Fuel Burning Equipment, is
disapproved; and Rule 408, submitted on June 30, 1972, and previously
approved in 40 CFR 52.223 is retained.
(iii) The addition of Rule 209, Fossil Fuel-Steam Generator
Facility, is disapproved; and Rule 408, submitted on June 30, 1972 and
previously approved in 40 CFR 52.223 is retained.
(3) Tuolumne County APCD.
(i) Rule 207, Particulate Matter, submitted on July 22, 1975, is
disapproved; and Rules 404 and 407(b), submitted on June 30, 1972 and
previously approved in 40 CFR 52.223 are retained.
(ii) Rule 209, Fossil Fuel-Steam Generator Facility, submitted on
July 22, 1975, is disapproved; and Rule 408, submitted on June 30, 1972,
and previously approved in 40 CFR 52.223 is retained.
(iii) Rule 207, Particulate Matter, submitted on February 10, 1977,
is disapproved and the previously approved Rules 404 and 407(b),
submitted on June 30, 1972, remain in effect.
(iv) Rule 209, Fossil Fuel-Steam Generator Facility, submitted on
February 10, 1977, is disapproved and the previously approved Rule 408,
submitted on June 30, 1972, remains in effect.
(4) Fresno County APCD.
(i) Rule 407, Disposal of Solid or Liquid Wastes, submitted on
February 10, 1976, is disapproved; and Rule 407.1, submitted on June 30,
1972, and previously approved in 40 CFR 52.223 is retained.
(ii) Rule 407, Disposal of Solid or Liquid Wastes, submitted on
November 10, 1976, is disapproved; and Rule 407.1, submitted on June 30,
1972 and previously approved in 40 CFR 52.223 is retained.
(5) San Joaquin County APCD.
(i) Rule 407.1, Disposal of Solid or Liquid Wastes, submitted on
February 10, 1976, is disapproved; and Rule 407.1, submitted on June 30,
1972 and previously approved in 40 CFR 52.223 is retained.
(6) Mariposa County APCD.
(i) Rule 209, Fossil Fuel-Steam Generator Facility, submitted on
January 10, 1975, is disapproved; and Rule 6.4, submitted on June 30,
1972 and previously approved in 40 CFR 52.223 is retained.
(7) Kern County APCD.
(i) Rule 407.1, Disposal of Solid or Liquid Wastes, submitted on
July 22, 1975, is disapproved; and Rule 407.1, submitted on June 30,
1972 and previously approved in 40 CFR 52.223 is retained.
(8) Madera County APCD.
(i) Rule 405, Process Weight, submitted on January 10, 1975 is
disapproved; and Rule 405, submitted on
[[Page 326]]
June 30, 1972 and previously approved in 40 CFR 52.223 is retained.
(9) Tulare County APCD.
(i) Paragraph b. of Rule 407.1.
(10) Merced County APCD.
(i) Rule 407.1, Disposal of Solid or Liquid Wastes, submitted on
August 2, 1976 is disapproved; and Rule 407.1 submitted on June 30, 1972
and previously approved in 40 CFR 52.223 is retained.
[37 FR 10850, May 31, 1972]
Editorial Note: For Federal Register citations affecting
Sec. 52.226, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
Sec. 52.227 Control strategy and regulations: Particulate matter,
Metropolitan Los Angeles Intrastate Region.
(a) The requirements of Subpart G of this chapter are not met since
the plan does not provide for attainment and maintenance of the
secondary standards for particulate matter in the Metropolitan Los
Angeles Intrastate Region.
(b) The following regulations are disapproved since they are not
part of the approved control strategy and do not provide for the degree
of control needed for the attainment and maintenance of the primary
standards for particulate matter in the Metropolitan Los Angeles
Intrastate Region.
(1) Los Angeles County Air Pollution Control District:
(i) Regulation IV, Rule 68.1.
(2) Riverside County Air Pollution Control District:
(i) Regulation IV, Rule 54 for process sources with a process weight
rate in excess of 62,000 lbs. per hour. Rule 54 is approved for process
sources with a process weight of 62,000 lbs. per hour or less.
(3) Southern California APCD:
(i) Regulation IV, Rule 404 Particulate Matter--Concentration,
submitted on August 2, 1976.
(ii) Regulation IV, Rule 473 Disposal of Solid and Liquid Wastes,
submitted on August 2, 1976.
(4) South Coast AQMD.
(i) Rule 401(b) submitted on August 15, 1980.
(c) The rescission by the Southern California APCD of the following
rules, which were previously approved in the May 31, 1972 (37 FR 10850)
and September 22, 1972 (37 FR 19813) Federal Register issues, is
disapproved since adequate replacement rules have not been submitted and
no analysis has been presented to show that this rescission will not
interfere with the attainment and maintenance of the NAAQS for
particulate matter as required by section 110 of the Clean Air Act. In
addition, the following rules, as submitted in June 1972 and approved
for the SIP, remain federally enforceable:
(1) Los Angeles County APCD.
(i) Regulation IV, Rule 52 Particulate Matter--Concentration.
(ii) Regulation IV, Rule 58 Disposal of Solid and Liquid Wastes.
(2) San Bernardino County APCD.
(i) Regulation IV, Rule 52A Particulate Matter--Concentration.
(ii) Regulation IV, Rule 58A Disposal of Solid and Liquid Wastes.
(3) Riverside County APCD.
(i) Regulation IV, Rule 52 Particulate Matter--Concentration.
(ii) Regulation IV, Rule 58 Disposal of Solid and Liquid Wastes.
(4) Orange County APCD.
(i) Regulation IV, Rule 52 Particulate Matter--Concentration.
(ii) Regulation IV, Rule 58 Disposal of Solid and Liquid Wastes.
[37 FR 10850, May 31, 1972, as amended at 37 FR 19813, Sept. 22, 1972;
43 FR 25687, June 14, 1978; 49 FR 18824, May 3, 1984; 51 FR 40676, Nov.
7, 1986]
Sec. 52.228 Regulations: Particulate matter, Southeast Desert
Intrastate Region.
(a) The following regulations are disapproved since they are not
part of the approved control strategy and do not provide for the degree
of control needed for the attainment and maintenance of the national
standards for particulate matter in the Southeast Desert Intrastate
Region.
(1) Imperial County Air Pollution Control District:
(i) Rule 114A.
(ii) Rule 116B.
(2) Los Angeles County Air Pollution Control District:
(i) Regulation IV, Rule 68.1.
(3) Riverside County Air Pollution Control District:
[[Page 327]]
(i) Regulation IV, Rule 54 for process sources with a process weight
rate in excess of 160,000 lbs. per hour. Rule 54 is approved for process
sources with a process weight of 160,000 lbs. per hour or less.
(b) The following regulatory changes represent a relaxation of
previously submitted regulations, and an adequate control strategy has
not been submitted showing that the relaxation will not interfere with
the attainment and maintenance of the national ambient air quality
standards for particulate matter:
(1) Southeast Desert Intrastate Region:
(i) Imperial County APCD.
(A) Rule 406, Disposal of Solid and Liquid Wastes submitted on
November 4, 1977 is disapproved; and Rule 116 C, Specific Contaminants
submitted on June 30, 1972 and previously approved under 40 CFR 52.223
is retained.
(ii) Los Angeles County Air Pollution Control District.
(A) Regulation IV, Rule 404 Particulate Matter-Concentration, and
Rule 473, Disposal of Solid and Liquid Wastes, submitted on June 6, 1977
are disapproved. Rules 52 and 58, titled as above, respectively, and
submitted on June 30, 1972 and previously approved under 40 CFR 52.223
are retained.
(iii) Riverside County Air Pollution Control District.
(A) Regulation IV, Rules 404 Particulate Matter-Concentration, 405
Particulate Matter-Weight, and Rule 473, Disposal of Solid and Liquid
Wastes, submitted on June 6, 1977 are disapproved. Rules 52, Particulate
Matter-Weight, 54, Dust and Fumes, and 58, Disposal of Solid and Liquid
Wastes, submitted in 1972 and approved under 40 CFR 52.223, are
retained.
[37 FR 10850, May 31, 1972, as amended at 37 FR 19813, Sept. 22, 1972;
43 FR 35695, Aug. 11, 1978; 43 FR 40014, Sept. 8, 1978; 64 FR 49400,
Sept. 13, 1999]
Sec. 52.229 Control strategy and regulations: Photochemical oxidants
(hydrocarbons), Metropolitan Los Angeles Intrastate Region.
(a) [Reserved]
(b) The following rules are disapproved because they would result in
a relaxation of control requirements contained in the presently approved
State Implementation Plan, and no analysis has been presented to show
that this relaxation will not interfere with the attainment and
maintenance of NAAQS for photochemical oxidants (hydrocarbons) as
required by section 110 of the Clean Air Act.
(1) Southern California APCD.
(i) Regulation IV, Rule 465 Vacuum Producing Devices or Systems,
submitted on August 2, 1976.
(2) South Coast Air Quality Management District.
(i) Regulation IV, Rule 461 Gasoline Transfer and Dispensing,
submitted on June 6, 1977. The version of this rule by the same number
and title submitted on April 21, 1976 and approved under 40 CFR 52.223
is retained.
(ii) Rule 1115, Automotive Coatings, adopted on March 16, 1984 by
the District and submitted by the state to EPA on July 10, 1984.
(iii) Rule 1113, Architectural Coatings, adopted on August 2, 1985
and submitted to EPA on November 12, 1985. The version of this rule by
the same number and title submitted on July 10, 1984 and approved by EPA
on January 24, 1985 is retained.
(c) The rescission by the Southern California APCD of the following
rules, which were previously approved in the September 22, 1972 (37 FR
19813) Federal Register issue, is disapproved since adequate replacement
rules have not been submitted and no analysis has been presented to show
that this rescission will not interfere with the attainment and
maintenance of the NAAQS for photochemical oxidants (hydrocarbons) as
required by section 110 of the Clean Air Act. In addition, the following
rules, as submitted in June 1972 and approved for the SIP, remain
federally enforceable:
(1) Los Angeles County APCD, Regulation IV, Rule 69, Vacuum
Producing Devices or Systems.
(2) San Bernardino County APCD, Regulation IV, Rule 69, Vacuum
Producing Devices or Systems.
(3) Riverside County APCD, Regulation IV, Rule 74, Vacuum Producing
Devices or Systems.
[[Page 328]]
(4) Orange County APCD, Regulation IV, Rule 69, Vacuum Producing
Devices or Systems.
[37 FR 10850, May 31, 1972, as amended at 43 FR 25687, June 14, 1978; 43
FR 40014, Sept. 8, 1978; 46 FR 5978, Jan. 21, 1981; 54 FR 5237, Feb. 2,
1989; 54 FR 34515, Aug. 21, 1989]
Sec. 52.230 Control strategy and regulations: Nitrogen dioxide.
(a) The requirements of Sec. 52.14(c)(3) of this chapter as of
September 22, 1972 (47 FR 1983), are not met since the plan does not
provide for the degree of nitrogen oxides emission reduction attainable
through application of reasonably available control technology in the
Metropolitan Los Angeles Intrastate Region. Therefore, Rule 68.b of the
Orange County Air Pollution Control District is disapproved.
(b) The following rules are disapproved since they are not part of
the approved control strategy and do not provide for the degree of
control necessary for the attainment and maintenance of NAAQS for
nitrogen dioxide in the Metropolitan Los Angeles Intrastate AQCR:
(1) Orange County APCD, Regulation IV, Rule 474, Fuel Burning
Equipment--Oxides of Nitrogen, submitted on February 10, 1977.
(c) The rescission by the Southern California APCD of the following
rules is disapproved since adequate replacement rules have not been
submitted and no analysis has been presented to show that this
rescission will not interfere with the attainment and maintenance of the
National Ambient Air Quality Standards as required by section 110 of the
Clean Air Act. In addition, the following rules, as submitted in June
1972 and approved for the SIP, remain federally enforceable:
(1) Orange County APCD, Regulation IV, Rule 68, Fuel Burning
Equipment--NOx.
(2) Orange County APCD, Regulation IV, Rule 67.1, Fuel Burning
Equipment.
[43 FR 25687, June 14, 1978, as amended at 46 FR 3884, Jan. 16, 1981; 51
FR 40677, Nov. 7, 1986]
Sec. 52.231 Regulations: Sulfur oxides.
(a) [Reserved]
(b) The deletion of the following rules or portions of rules is
disapproved, since an adequate control strategy demonstration has not
been submitted indicating that the deletions of the control requirements
contained in those rules would not interfere with the attainment or
maintenance of the National Ambient Air Quality Standard for Sulfur
Oxides.
(1) Lake County Intrastate Region.
(i) Lake County, APCD.
(A) Section 3(F), Sulfur of Part V, Prohibitions and Standards,
submitted on October 23, 1974 and previously approved under 40 CFR
52.223, is retained as applicable to sources other than sulfur recovery
units.
[43 FR 34464, 34466, Aug. 4, 1978, as amended at 46 FR 3884, Jan. 16,
1981; 46 FR 42461, Aug. 21, 1981]
Sec. 52.232 Part D conditional approval.
(a) The following portions of the California SIP contain
deficiencies with respect to Part D of the Clean Air Act which must be
corrected by meeting the indicated conditions of Part D plan approval.
(1) Imperial County for ozone.
(i) By May 7, 1981, the NSR rules must be revised and submitted as
an SIP revision. The rules must satisfy section 173 and 40 CFR Subpart
I, ``Review of new sources and modifications.''
In revising the Imperial County APCD's NSR rules, the State/APCD must
address (A) any new requirements in EPA's amended regulations for NSR
under section 173 of the Clean Air Act (August 7, 1980, 45 FR 52676)
which the APCD rules do not now satisfy and (B) those deficiencies cited
in EPA's Evaluation Report Addendum (contained in Document File NAP-CA-
06 at the EPA Library in Washington, DC and the Region IX office).
(ii) By January 1, 1981, a cutback asphalt rule which reflects
reasonably available control technology (RACT) must be submitted as an
SIP revision.
(2) North Central Coast Air Basin for ozone.
(i) By May 7, 1981, the NSR rules must be revised and submitted as
an SIP revision. The rules must satisfy section 173 and 40 CFR 51.18,
``Review of new sources and modifications.'' In revising the Monterey
Bay Unified APCD's NSR rules, the State/APCD
[[Page 329]]
must address (a) any new requirements in EPA's amended regulations for
NSR under section 173 of the Clean Air Act (August 7, 1980, 45 FR 52676)
which the APCD rules do not now satisfy and (b) those deficiencies with
respect to the September 5, 1979 notice cited in EPA's Evaluation Report
Addendum (contained in Document File NAP-CA-14 at the EPA Library in
Washington, DC and the Region IX office).
(ii) By March 4, 1981, one of the following must be submitted as an
SIP revision: (a) Adequate justification that the cutback asphalt rule
represents RACT, (b) amendment of the cutback asphalt rule to conform
with the controls recommended in the CTG document for cutback asphalt,
or (c) adequate documentation that the cutback asphalt rule will result
in emission reductions which are within 5 percent of the reductions
achievable with the controls recommended in the cutback asphalt CTG
document.
(3) South Coast Air Basin.
(i)(A) By May 7, 1981, the NSR rules must be revised and submitted
as an SIP revision. The rules must satisfy section 173 of the Clean Air
Act and 40 CFR 51.18, ``Review of new sources and modifications.'' In
revising the South Coast AQMD's NSR rules, the State/AQMD must address
(1) any new requirements in EPA's amended regulations for NSR (45 FR
31307, May 13, 1980 and 45 FR 52676, August 7, 1980) which the AQMD
rules do not currently satisfy and (2) those deficiencies cited in EPA's
Evaluation Report Addendum which still apply despite EPA's new NSR
requirements (contained in Document File NAP-CA-9 at the EPA Library in
Washington, DC and the Regional Office).
(4) San Diego Air Basin.
(i) For ozone, CO, TSP, and NO2:
(A) By May 7, 1981, the NSR rules submitted on March 17, 1980 must
be revised and submitted as an SIP revision. In revising the NSR rules,
the State/APCD must address (1) any new requirements in EPA's amended
regulations for NSR under section 173 of the Clean Air Act (May 13,
1980, 45 FR 31307; and August 7, 1980, 45 FR 52676) which the APCD rules
do not currently satisfy and (2) the deficiencies cited in EPA's
Evaluation Report Addendum which still apply despite EPA's new NSR
requirements. The Evaluation Report Addendum is contained in document
file NAP-CA-19 and available at the EPA Region IX Office and the EPA
Library in Washington, DC
(5) The Kern County APCD.
(i) For PM:
(A) By November 19, 1981, the NSR rules must be revised and
submitted as an SIP revision. The rules must satisfy section 173 of the
Clean Air Act and 40 CFR Subpart I, ``Review of new sources and
modifications.'' In revising Kern County's NSR rules, the State/APCD
must address all the requirements in EPA's amended regulations for NSR
(45 FR 31307, May 13, 1980 and 45 FR 52676, August 7, 1980) which the
APCD rules do not currently satisfy including those deficiencies cited
in EPA's Evaluation Report Addendum which still apply despite EPA's new
NSR requirements (contained in document File NAP-CA-07 at the EPA
Library in Washington, DC and the Regional Office).
(ii) [Reserved]
(6) [Reserved]
(7) San Francisco Bay Area Air Basin.
(i) For ozone and CO:
(A) By June 17, 1982, submittal of implementation commitments and
schedules and additional commitments to provide annually the financial
and personnel resources necessary to carry out the plan for
transportation sources.
(8) [Reserved]
(9) The Santa Barbara County nonattainment areas.
(i) For O3, TSP, and CO by (90 days from the date of
publication of this notice).
(A) The new source review (NSR) rules must be revised to meet the
requirements in EPA's amended regulations for NSR under section 173 of
the Clean Air Act (45 FR 31307, May 13, 1980 and 45 FR 52676, August 7,
1980) and submitted as an SIP revision.
(ii) For O3 by (90 days from the date of publication of
this notice), a revised cutback asphalt paving materials rule which does
not allow for indefinite compliance date extensions and submitted as an
SIP revision.
(10)-(11) [Reserved]
[[Page 330]]
(12) Butte, Sutter and Yuba County APCDs.
(i) For Ozone:
(A) By August 2, 1982, the NSR rules for the counties discussed in
this notice must be revised to meet the requirements in EPA's amended
regulations for NSR under section 173 of the Clean Air Act (May 13,
1980, 45 FR 31307 and August 7, 1980, 45 FR 52676).
(13) Los Angeles and Riverside portions of the Southeast Desert Air
Basin.
(i) For Ozone:
(A) By August 9, 1982, the new source review rules for the three
county areas must be revised to meet the requirements in EPA's amended
regulations under section 173 (May 13, 1980, (45 FR 31307), August 7,
1980, (45 FR 52676), and October 14, 1981, (46 FR 50766)).
(B) By August 9, 1982, the State must provide adopted regulations
for degreasing operations in the Los Angeles County portion of the SEDAB
which represent RACT.
(14)-(15) [Reserved]
(16) San Bernardino County portion of the Southeast Desert Air
Basin.
(i) For ozone:
(A) By October 30, 1985, the NSR rules must be revised to meet the
requirements in EPA's amended regulations for NSR under section 173 of
the Clean Air Act (May 13, 1980 (45 FR 31307), August 7, 1980 (45 FR
52676), and October 14, 1981 (46 FR 50766)).
(17) Yolo and Solano Counties.
(i) For ozone and CO in those portions of Yolo and Solano Counties
that are part of the Sacramento Metropolitan Area:
(A) By October 30, 1985, the NSR rules must be revised to meet the
requirements in EPA's amended regulations for NSR under section 173 of
the Clean Air Act (May 13, 1980 (45 FR 31307), August 7, 1980 (45 FR
52676), and October 14, 1981 (46 FR 50766)).
(ii) For ozone:
By November 1, 1982, the State must provide either (A) an adequate
demonstration that the following regulations represent RACT, (B) amend
the regulations so that they are consistent with the CTG, or (C)
demonstrate that the regulations will result in VOC emission reductions
which are within five percent of the reductions which would be achieved
through the implementation of the CTG recommendations:
Yolo-Solano County APCD
Rule 2.24, ``Solvent Cleaning Operations (Degreasing).''
[45 FR 74485, Nov. 10, 1980]
Editorial Note: For Federal Register citations affecting
Sec. 52.232, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
Sec. 52.233 Review of new sources and modifications.
(a) The following regulations are disapproved because they are not
consistent with Clean Air Act requirements.
(1) Imperial County APCD.
(i) Subparagraph C.5. of Rule 207, Standards for Permit to
Construct, submitted March 17, 1980.
(2) Monterey Bay Unified APCD.
(i) Subparagraph B.5. of Rule 207, Standards for Permit to
Construct, submitted March 17, 1980.
(3) South Coast AQMD.
(i) In Rule 1306(a)(i), submitted on April 3, 1980, sentence 3 is
disapproved.
(ii) In Rule 1306(d)(1)(B)(ii), submitted on April 3, 1980, the
following portion of the rule is disapproved: ``Which have occurred
during the highest three years of the last five year period, divided by
three, provided the applicant demonstrates that such permit units have
been operated at least 90 days during each of such three years.''
(iii) In Rule 1307(a) submitted on April 3, 1980, the following
portion of the rule is disapproved: ``Greater than 68 kilograms (150
pounds) per day except carbon monoxide, for which the value is an
increase greater than 340 kilograms (750 pounds) per day.''
(4) Kern County APCD.
(i) Those portions of paragraph (3)(E) of Rule 210.1, submitted on
April 15, 1980, which allow new sources and modifications to be exempt
from LAER.
(b) [Reserved]
(c) The requirements of Sec. 51.160(a) of this chapter are not met
in the following Air Pollution Control Districts since the regulations
of the APCD's do
[[Page 331]]
not provide the means to prevent construction of sources which would
violate applicable portions of the control strategy or would interfere
with the attainment or maintenance of a national standard.
(1) Mariposa County APCD.
(2) Santa Barbara County APCD.
(d) The requirements of Sec. 51.160(a) of this chapter are not met
in the following Air Pollution Control Districts since the regulations
of the APCD's do not include a means to prevent construction or
modification if such construction or modification would interfere with
the attainment or maintenance of a national standard.
(1) Amador County APCD.
(2) Calaveras County APCD.
(3) El Dorado County APCD (Mountain Counties Intrastate portion).
(4) [Reserved]
(5) Glenn County APCD.
(6) Humboldt County APCD.
(7)-(8) [Reserved]
(9) Lake County APCD.
(10) Lassen County APCD.
(11) [Reserved]
(12) Mendocino County APCD.
(13) [Reserved]
(14) Modoc County APCD.
(15) Monterey Bay Unified APCD.
(16) Nevada County APCD.
(17) Northern Sonoma County APCD.
(18) [Reserved]
(19) Plumas County APCD.
(20) [Reserved]
(21) Shasta County APCD.
(22) Sierra County APCD.
(23) Siskiyou County APCD.
(24) [Reserved]
(25) Sutter County APCD.
(26) [Reserved]
(27) Tuolumne County APCD.
(e) [Reserved]
(f) Regulation for review of new sources and modifications. (1) The
requirements of this paragraph are applicable to:
(i) Any stationary source in the APCD's listed below, the
construction or modification of which is commenced after the effective
date of this regulation.
(a) Mariposa County APCD.
(b) [Reserved]
(c) Santa Barbara County APCD.
(ii) Any stationary source subject to the requirements of
Secs. 52.226(c), 52.227(c), 52.228(b), or 52.230(b), the construction or
modification of which is commenced after the effective date of this
regulation.
(2) No owner or operator shall commence construction or modification
of a stationary source after the effective date of this regulation
without first obtaining approval from the Administrator of the location
and design of such source.
(i) Application for approval to construct or modify shall be made on
forms furnished by the Administrator, or by other means prescribed by
the Administrator.
(ii) A separate application is required for each source.
(iii) Each application shall be signed by the applicant.
(iv) Each application shall be accompanied by site information,
plans, descriptions, specifications, and drawings showing the design of
the source, the nature and amount of emissions, and the manner in which
it will be operated and controlled.
(v) Any additional information, plans, specifications, evidence, or
documentation that the Administrator may require shall be furnished upon
request.
(3) No approval to construct or modify will be granted unless the
applicant shows to the satisfaction of the Administrator that:
(i) The source will be operated without causing a violation of any
local, State, or Federal regulations which are part of the applicable
plan.
(ii) The source will not prevent or interfere with attainment or
maintenance of any national standard.
(4) (i) Within twenty (20) days after receipt of an application to
construct, or any addition to such application, the Administrator shall
advise the owner or operator of any deficiency in the information
submitted in support of the application. In the event of such a
deficiency, the date of receipt of the application for the purpose of
paragraph (f)(4)(ii) of this section, shall be the date on which all
required information is received by the Administrator.
(ii) Within thirty (30) days after receipt of a complete
application, the Administrator shall:
[[Page 332]]
(a) Make a preliminary determination whether the source should be
approved, approved with conditions, or disapproved.
(b) Make available in at least one location in each region in which
the proposed source would be constructed, a copy of all materials
submitted by the owner or operator, a copy of the Administrator's
preliminary determination and a copy or summary of other materials, if
any, considered by the Administrator in making his preliminary
determination; and
(c) Notify the public, by prominent advertisement in a newspaper of
general circulation in each region in which the proposed source would be
constructed, of the opportunity for written public comment on the
information submitted by the owner or operator and the Administrator's
preliminary determination on the approvability of the source.
(iii) A copy of the notice required pursuant to this paragraph shall
be sent to the applicant and to state and local air pollution control
agencies, having cognizance over the location where the source will be
situated.
(iv) Public comments submitted in writing within thirty (30) days
after the date such information is made available shall be considered by
the Administrator in making his final decision on the application. No
later than ten (10) days after the close of the public comment period,
the applicant may submit a written response to any comment submitted by
the public. The Administrator shall consider the applicant's response in
making his final decision. All comments shall be made available for
public inspection in at least one location in the region in which the
source would be located.
(v) The Administrator shall take final action on the application
within thirty (30) days after the close of the public comment period.
The Administrator shall notify the applicant in writing of his approval,
conditional approval, or denial of the application, and shall set forth
his reasons for ocnditional approval or denial. Such notification shall
be made available for public inspection in at least one location in the
region in which the source would be located.
(vi) The Administrator may extend each of the time periods specified
in paragraph (f)(4)(ii), (iv) or (v) of this section by no more than 30
days, or such other period as agreed to by the applicant and the
Administrator.
(5) The Administrator may impose any reasonable conditions upon an
approval, including conditions requiring the source to be provided with:
(i) Sampling ports of a size, number, and location as the
Administrator may require,
(ii) Safe access to each port,
(iii) Instrumentation to monitor and record emission data, and
(iv) Any other sampling and testing facilities.
(6) The Administrator may cancel an approval if the construction is
not begun within 2 years from the date of issuance, or if during the
construction, work is suspended for 1 year.
(7) Any owner or operator subject to the provisions of this
regulation shall furnish the Administrator written notification as
follows:
(i) A notification of the anticipated date or initial startup of the
source not more than 60 days or less than 30 days prior to such date.
(ii) A notification of the actual date of initial startup of the
source within 15 days after such date.
(8) Within 60 days after achieving the maximum production rate at
which the source will be operated but not later than 180 days after
initial startup of such source the owner or operator of such source
shall conduct a performance test(s) in accordance with methods and under
operating conditions approved by the Administrator and furnish the
Administrator a written report of the results of such performance test.
(i) Such test shall be at the expense of the owner or operator.
(ii) The Administrator may monitor such test and may also conduct
performance tests.
(iii) The owner or operator of a source shall provide the
Administrator 15 days prior notice of the performance test to afford the
Administrator the opportunity to have an observer present.
(iv) The Administrator may waive the requirement for performance
tests
[[Page 333]]
if the owner or operator of a source has demonstrated by other means to
the Administrator's satisfaction that the source is being operated in
compliance with all local, State and Federal regulations which are part
of the applicable plan.
(9) Approval to construct or modify shall not be required for:
(i) The installation or alteration of an air pollutant detector, air
pollutants recorder, combustion controller, or combustion shutoff.
(ii) Air-conditioning or ventilating systems not designed to remove
air pollutants generated by or released from equipment.
(iii) Fuel burning equipment, other than smokehouse generators which
has a heat input of not more than 250 MBtu/h (62.5 billion g-cal/h) and
burns only gaseous fuel containing not more than 0.5 grain H2
S per 100 stdft\3\ (5.7 g/100 stdm\3\); has a heat input of not more
than 1 MBtu/h (250 Mg-cal/h) and burns only distillate oil; or has a
heat input of not more than 350,000 Btu/h (88.2 Mg-cal/h) and burns any
other fuel.
(iv) Mobile internal combustion engines.
(v) Laboratory equipment used exclusively for chemical or physical
analyses.
(vi) Other sources of minor significance specified by the
Administrator.
(10) Approval to construct or modify shall not relieve any person of
the responsibility to comply with any local, State, or Federal
regulation which is part of the applicable plan.
(11) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as approved
and conditioned by the Administrator, or any owner or operator of a
stationary source subject to this paragraph who commences construction
or modification without applying for any receiving approval hereunder,
shall be subject to enforcement action under section 113 of the Act.
(g) Regulation for review of new sources and modifications. (1) The
requirements of this paragraph are applicable to any stationary source
in the APCD's listed below, the construction or modification of which is
commenced after the effective date of this regulation.
(i) Amador County APCD.
(ii) Calaveras County APCD.
(iii) El Dorado County APCD (Mountain Counties Intrastate portion).
(iv) [Reserved]
(v) Glenn County APCD.
(vi) Humboldt County APCD.
(vii)-(viii) [Reserved]
(ix) Lassen County APCD.
(x) Madera County APCD.
(xi) Mendocino County APCD.
(xii) Merced County APCD.
(xiii) Modoc County APCD.
(xiv) Monterey Bay Unified APCD.
(xv) Nevada County APCD.
(xvi) [Reserved]
(xvii) Plumas County APCD.
(xviii) San Joaquin County APCD.
(xix) Shasta County APCD.
(xx) Sierra County APCD.
(xxi) Siskiyou County APCD.
(xxii) Stanislaus County APCD.
(xxiii) Sutter County APCD.
(xxiv) Tulare County APCD.
(xxv) Tuolumne County APCD.
(2) No owner or operator shall commence construction or modification
of any new source after the effective date of this regulation without
first obtaining approval from the Administrator of the location of such
source.
(i) Application for approval to construct or modify shall be made on
forms furnished by the Administrator, or by other means prescribed by
the Administrator.
(ii) A separate application is required for each source.
(iii) Each application shall be signed by the applicant.
(iv) Each application shall be accompanied by site information,
stack data, and the nature and amount of emissions. Such information
shall be sufficient to enable the Administrator to make any
determination pursuant to paragraph (g)(3) of this section.
(v) Any additional information, plans, specifications, evidence, or
documentation that the Administrator may require shall be furnished upon
request.
(3) No approval to construct or modify will be granted unless the
applicant shows to the satisfaction of the Administrator that the source
will not prevent or interfere with attainment or maintenance of any
national standard.
(4) (i) Within twenty (20) days after receipt of an application to
construct,
[[Page 334]]
or any addition to such application, the Administrator shall advise the
owner or operator of any deficiency in the information submitted in
support of the application. In the event of such a deficiency, the date
of receipt of the application for the purpose of paragraph (g)(4)(ii) of
this section, shall be the date on which all required information is
received by the Administrator.
(ii) Within thirty (30) days after receipt of a complete
application, the Administrator shall:
(a) Make a preliminary determination whether the source should be
approved, approved with conditions, or disapproved.
(b) Make available in at least one location in each region in which
the proposed source would be constructed, a copy of all materials
submitted by the owner or operator, a copy of the Administrator's
preliminary determination and a copy or summary of other materials, if
any, considered by the Administrator in making his preliminary
determination; and
(c) Notify the public, by prominent advertisement in a newspaper of
general circulation in each region in which the proposed source would be
constructed, of the opportunity for written public comment on the
information submitted by the owner or operator and the Administrator's
preliminary determination on the approvability of the source.
(iii) A copy of the notice required pursuant to this subparagraph
shall be sent to the applicant and to state and local air pollution
control agencies, having cognizance over the location where the source
will be situated.
(iv) Public comments submitted in writing within thirty (30) days
after the date such information is made available shall be considered by
the Administrator in making his final decision on the application. No
later than ten (10) days after the close of the public comment period,
the applicant may submit a written response to any comment submitted by
the public. The Administrator shall consider the applicant's response in
making his final decision. All comments shall be made available for
public inspection in at least one location in the region in which the
source would be located.
(v) The Administrator shall take final action on an application
within thirty (30) days after the close of the public comment period.
The Administrator shall notify the applicant in writing of his approval,
conditional approval, or denial of the application, and shall set forth
his reasons for conditional approval or denial. Such notification shall
be made available for public inspection in at least one location in the
region in which the source would be located.
(vi) The Administrator may extend each of the time periods specified
in paragraph (g)(4) (ii), (iv) or (v) of this section by no more than 30
days, or such other period as agreed to by the applicant and the
Administrator.
(5) The Administrator may cancel an approval if the construction is
not begun within 2 years from the date of issuance, or if during the
construction, work is suspended for 1 year.
(6) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with any local, State, or
Federal regulation which is part of the applicable plan.
(7) Approval to construct or modify shall not be required for:
(i) The installation or alteration of an air pollutant detector, air
pollutants recorder, combustion controller, or combustion shutoff.
(ii) Air-conditioning or ventilating systems not designed to remove
air pollutants generated by or released from equipment.
(iii) Fuel burning equipment, other than smokehouse generators,
which has a heat input of not more than 250 MBtu/h (62.5 billion g-cal/
h) and burns only gaseous fuel containing not more than 20.0 grain
H2 S per 100 stdft\3\ (54.8 g/100 stdm\3\); has a heat input
of not more than 1 MBtu/h (250 Mg-cal/h) and burns only distillate oil;
or has a heat input of not more than 350,000 Btu/h (88.2 Mg-cal/h) and
burns any other fuel.
(iv) Mobile internal combustion engines.
(v) Laboratory equipment used exclusively for chemical or physical
analyses.
(vi) Other sources of minor significance specified by the
Administrator.
[[Page 335]]
(8) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as approved
and conditioned by the Administrator, or any owner or operator of a
stationary source subject to this paragraph who commences construction
or modification without applying for and receiving approval hereunder,
shall be subject to enforcement action under section 113 of the Act.
(h)-(i) [Reserved]
(j) Delegation of authority. (1) The Administrator shall have the
authority to delegate responsibility for implementing the procedures for
conducting source review pursuant to this section in accordance with
paragraphs (j) (2), (3), and (4) of this section.
(2) Where the Administrator delegates the responsibility for
implementing the procedures for conducting source review pursuant to
this section to any Agency, other than a Regional Office of the
Environmental Protection Agency, a copy of the notice pursuant to
paragraphs (f)(4)(iii) and (g)(4)(iii) of this section shall be sent to
the Administrator through the appropriate Regional Office.
(3) In accordance with Executive Order 11752, the Administrator's
authority for implementing the procedures for conducting source review
pursuant to this section shall not be delegated, other than to a
Regional Office of the Environmental Protection Ands; except that, with
respect to the latter category, where new or modified sources are
constructed or operated on Federal lands pursuant to leasing or other
Federal agreements, the Federal Land Manager may at his discretion, to
the extent permissible under applicable statutes and regulations,
require the lessee or permittee to be subject to new source review
requirements which have been delegated to a state or local agency
pursuant to this paragraph.
(4) The Administrator's authority for implementing the procedures
for conducting source review pursuant to this section shall not be
redelegated, other than to a Regional Office of the Environmental
Protection Agency, for new or modified sources which are located in
Indian reservations except where the State has assumed jurisdiction over
such land under other laws, in which case the Administrator may delegate
his authority to the States in accordance with paragraphs (j) (2), (3),
and (4) of this section.
(k) Conditions on steam production. (1) Notwithstanding any
provisions to the contrary in the California State Implementation Plan,
the Watson petroleum refinery owned by Atlantic Richfield Company,
located at 1801 East Sepulveda Boulevard, Carson, California, shall
operate under the following conditions listed in paragraphs (k)(2)
through (6) of this section.
(2) The total steam load comprised of the steam purchased from
Watson Energy Systems and the amount generated by boilers 31,
32, 33, 42, 51, and 52 at
the ARCO Watson Refinery shall not exceed 1,355,000 pounds per hour at
680 deg.F, 600 psig.
(3) Continuous written records of steam purchased from Watson Energy
Systems and of the steam produced by boilers 31, 32,
42, 51, or 52 at the ARCO Watson Refinery,
during receipt of steam from Watson Energy Systems, shall be maintained
and made available for inspection by the EPA and the South Coast Air
Quality Management District. These records shall be kept in terms of
pounds per hour of steam at 680 deg.F, 600 psig.
(4) The steam purchased from the Watson Energy Systems facility
shall be used as a ``first-on, last-off'' source of steam for the ARCO
Watson Refinery, except for steam produced by waste heat or as part of
the refining process, or as required to maintain fired boilers in
service for emergency use.
(5) Any proposed changes in equipment or fuel that would increase
the oil fired steam generating capacity or decrease oil fired steam
generating efficiency of boilers 31, 32, 33,
42, 51, and 52 at the ARCO Watson Refinery
must be reviewed and approved by the EPA prior to implementation of the
proposed changes.
(6) ARCO shall maintain written records of oil consumption at
boilers 31, 32, 33, 42, 51,
and 52 during receipt of steam from Watson Energy Systems.
These records shall be available for inspection by the South Coast Air
Quality Management District and
[[Page 336]]
the EPA. The total oil consumption of these boilers shall not exceed a
monthly average of 226,000 gallons per day when receiving steam from the
Watson Energy systems plant at a rate of 350,000 pounds per hour. When
receiving steam at a lower rate, ARCO shall be allowed to increase its
boiler fuel oil consumption to achieve a total steam load not to exceed
the limit of condition two (2).
(l) The following rules and regulations are disapproved because they
do not meet the requirements of sections 110, 172, and 173 of the Clean
Air Act, since they exempt certain source categories from the offset
requirements of the Act:
(1) South Coast Air Quality Management District.
(i) Rule 1304(e), Resource Conservation and Energy Projects,
submitted on April 3, 1980, but only with respect to projects whose
application for a permit is complete after January 1, 1986,
(ii) Rule 1304(b)(2), Resource and Energy Conservation Projects,
submitted on November 8, 1982, but only with respect to projects whose
application for a permit is complete after January 1, 1986,
(m) Revised South Coast Regulation XIII, submitted on November 8,
1982, is not approved inasmuch as action on it is temporarily deferred.
[37 FR 19813, Sept. 22, 1972]
Editorial Note: For Federal Register citations affecting
Sec. 52.233, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
Sec. 52.234 Source surveillance.
(a) Except in the Air Pollution Control Districts (APCDs) listed in
this paragraph, the requirements of Sec. 51.211 of this chapter are not
met since the plan does not provide for recordkeeping and periodic
reporting of emission data by sources.
(1) Amador County APCD.
(2) Bay Area AQMD.
(3) Calaveras County APCD.
(4) Del Norte County APCD.
(5) El Dorado County APCD.
(6) Humboldt County APCD.
(7) Imperial County APCD.
(8) Lake County APCD.
(9) Mariposa County APCD.
(10) Mendocino County APCD.
(11) Nevada County APCD.
(12) Northern Sonoma County APCD.
(13) Placer County APCD.
(14) Plumas County APCD.
(15) Sierra County APCD.
(16) Trinity County APCD.
(17) Ventura County APCD.
(b) The requirements of Sec. 51.212 of this chapter are not met
since the plan does not adequately provide for periodic testing and
inspection of stationary sources within the Bay Area Air Pollution
Control District portion of the San Francisco Bay Area Intrastate
Region.
(c) The requirements of Sec. 51.212 of this chapter are not met
since the system for detecting violations through enforcement of visible
emission regulations and complaint handling is not adequately described.
(d) Regulation for source recordkeeping and reporting. (1) The owner
or operator of any stationary source in the State of California, except
for those APCD's specified in paragraph (a) of this section, shall, upon
notification from the Administrator, maintain records of the nature and
amounts of emissions from such source and/or any other information as
may be deemed necessary by the Administrator to determine whether such
source is in compliance with applicable emission limitations or other
control measures.
(2) The information recorded shall be summarized and reported to the
Administrator, on forms furnished by the Administrator, and shall be
submitted within 45 days after the end of the reporting period.
Reporting periods are January 1 to June 30 and July 1 to December 31,
except that the initial reporting period shall commence on the date the
Administrator issues notification of the recordkeeping requirements.
(3) Information recorded by the owner or operator and copies of the
summarizing reports submitted to the Administrator shall be retained by
the owner or operator for 2 years after the date on which the pertinent
report is submitted.
(e) The requirements of Sec. 51.214 of this chapter are not met in
the following air pollution control districts (APCD's) since all of the
applicable requirements
[[Page 337]]
of Appendix P of part 51 are not included in the district regulations.
(1) Amador County APCD.
(2) Bay Area AQMD
(3) Calaveras County APCD.
(4) El Dorado County APCD.
(5) Imperial County APCD.
(6) Kern County APCD.
(7) Kings County APCD.
(8) Los Angeles County APCD.
(9) Mariposa County APCD.
(10) Monterey Bay Unified APCD.
(11) Nevada County APCD.
(12) Placer County APCD.
(13) Plumas County APCD.
(14) San Bernardino County Desert APCD.
(15) San Diego County APCD.
(16) San Joaquin County APCD.
(17) San Luis Obispo County APCD.
(18) Santa Barbara County APCD.
(19) Sierra County APCD.
(20) South Coast AQMD.
(21) Stanislaus County APCD.
(22) Tulare County APCD.
(23) Ventura County APCD.
[37 FR 10850, May 31, 1972]
Editorial Note: For Federal Register citations affecting
Sec. 52.234, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
Sec. 52.235 Control strategy for ozone: Oxides of nitrogen.
EPA is approving an exemption request submitted by the Monterey Bay
Unified Air Pollution Control District on April 26, 1994 for the
Monterey Bay ozone nonattainment area from the NOX RACT
requirements contained in section 182(f) of the Clean Air Act. This
approval exempts the area from implementing the oxides of nitrogen
(NOX) requirements for reasonably available control
technology (RACT), new source review (NSR), the related requirements of
general and transportation conformity regulations, and applicable
inspection and maintenance (I/M). The exemption is based on ambient air
monitoring data and lasts for only as long as the area's monitoring
efforts continue to demonstrate attainment without NOX
reductions from major stationary sources.
[60 FR 20237, Apr. 25, 1995]
Sec. 52.236 Rules and regulations.
(a) Since the following Air Pollution Control District (APCD) rules
do not define the term ``agricultural operations,'' the rules are
disapproved because they could render certain emission limitations rules
unenforceable.
(1) Imperial County APCD.
(i) Rule 114.5, submitted on November 10, 1976.
(ii) Rule 148.D(3), submitted on November 10, 1976.
(b) The following Air Pollution Control District (APCD) rules are
disapproved because they contain the term ``agricultural operations''
and/or the term ``other equipment in agricultural operations,'' both of
which are either undefined or inadequately defined, thus rendering
certain emission control rules unenforceable:
(1) San Luis Obispo County APCD.
(i) Rules 401(B)(4) and 401(B)(6), submitted on November 10, 1976.
(2) Sacramento County APCD.
(i) Rule 7(b)(5), submitted on November 4, 1977.
(3) Glenn County APCD.
(i) Section 77(e), submitted on June 30, 1972, and previously
approved under 40 CFR 52.223 (37 FR 19812).
(4) Mariposa County APCD.
(i) Rule 203(G), submitted on June 6, 1977.
(5) Kern County APCD.
(i) Rules 402(c) and 402(e), submitted on; November 10, 1976.
(6) Fresno County APCD.
(i) Rules 402(c) and 402(e), submitted on October 23, 1974.
(ii) Rules 402(c) and 402(e), submitted on June 30, 1972, and
previously approved under 40 CFR 52.223 (37 FR 19812).
(7) Tulare County APCD.
(i) Section 402(c), submitted on November 10, 1976, and previously
approved under 40 CFR 52.223 (42 FR 47556).
(8) Madera County APCD.
(i) Rules 402(c) and 402(e), submitted on January 10, 1975, and
previously approved under 40 CFR 52.223 (42 FR 42219).
(9) Amador County APCD.
(i) Rules 203(G), submitted on October 15, 1979, and 205(G),
submitted on June 30, 1972.
[[Page 338]]
(c) Since the following Air Pollution Control Districts have deleted
definitions which could allow a relaxation of emission limitations, the
deletions are disapproved:
(1) Merced County APCD.
(i) Rule 102(hh), submitted on June 30, 1972, previously approved
under 40 CFR 52.223, and deleted by the August 2, 1976 submittal, is
retained.
(2) El Dorado County APCD.
(i) Rule 102(LL), submitted on November 4, 1977, previously approved
at 43 FR 51632, and deleted by the May 23, 1979 submittal, is retained.
(d) The following rules or portions of rules are disapproved since
they contain provisions which are inconsistent with 40 CFR part 58,
Ambient Air Quality Surveillance.
(1) Lake County APCD.
(i) Section 224, Equivalent Method, and Table V, Table of Standards,
Applicable Statewide, submitted on February 10, 1977.
(ii) Table V, Concentrations and Methods, submitted on January 2,
1979, and Table V, submitted on February 10, 1976 and previously
approved at 42 FR 42224.
(e) Since the following air pollution control districts have revised
definitions so as to render the associated emission control requirements
less stringent without a control strategy demonstration, the revisions
are disapproved.
(1) Mendocino County APCD.
(i) Rule 130(p4), submitted on November 10, 1976. (Part III-49,
previously submitted on February 21, 1972, and approved in 40 CFR
52.223, is retained).
(ii) Rule 130(s3), submitted on November 10, 1976. (Part III-55,
previously submitted on February 21, 1972, and approved in 40 CFR
52.233, is retained).
(2) Shasta County APCD.
(i) The definition of ``modification'' in Rule 1:2, Definitions,
submitted on October 13, 1977, is disapproved.
(3) San Bernardino County Desert APCD.
(i) Rule 103, Definition of Terms, submitted on November 4, 1977, is
disapproved with respect to the deletion of the following terms:
``Distilling type heater'', ``Noncomplying orchard heater'', ``Pipe line
systems'', and ``Return stack heater''. (Rule 2, Definitions, submitted
on February 21, 1972 and approved in 40 CFR 52.223, is retained for the
above terms.)
(4) Southeast Desert Intrastate Region.
(i) San Bernardino County Desert APCD.
(A) Rule 102, Definition of Terms, submitted November 4, 1977 is
disapproved with respect to the deletion of the following terms:
Distilling type heater, Non-complying orchard heater, Pipe line systems,
and Return stack heater. Rule 2, Definitions, submitted February 21,
1972 and approved in 40 CFR 52.223, is retained for the above terms.
(f) The following APCD rules are disapproved because they exempt
some portions of the districts from the existing air pollution control
regulations without setting forth substitute rules for the exempted
areas.
(1) El Dorado County APCD.
(i) Rule 201, submitted on November 4, 1977, is disapproved. (The
previously approved Rule 49, submitted on June 30, 1972, is retained for
Federal enforcement purposes.)
(g) The following Air Pollution Control District (APCD) rules are
disapproved pursuant to section 110(a)(2)(K) of the Clean Air Act
because they could allow recovery of legal expenses associated with
permit enforcement actions.
(1) Monterey Bay Unified APCD.
(i) Rule 300 (i)(1), Permit Fee, submitted on December 17, 1979.
(2) El Dorado County APCD.
(i) Rule 104, submitted on May 23, 1979.
[42 FR 39664, Aug. 5, 1977]
Editorial Note: For Federal Register citations affecting
Sec. 52.236, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
Sec. 52.237 Part D disapproval.
(a) The following portions of the California SIP are disapproved
because they do not meet the requirements of Part D of the Clean Air
Act.
(1) The ozone and CO attainment demonstrations for the South Coast
Air Basin. No major stationary source, or major modification of a
stationary source, of carbon monoxide or volatile organic compounds may
be constructed in the South Coast Air Basin unless the
[[Page 339]]
construction permit application is complete on or before August 30,
1988.
(2) The ozone attainment demonstration for Ventura County. No major
stationary source, or major modification of a stationary source, of
volatile organic compounds may be constructed in the Ventura County
nonattainment area unless the construction permit application is
complete on or before November 4, 1988.
(3) The ozone attainment demonstration for the Sacramento AQMA. No
major stationary source, or major modification of a stationary source,
of volatile organic compounds may be constructed in the Sacramento
nonattainment area unless the construction permit application is
complete on or before January 3, 1989.
(4) The ozone attainment demonstration for the Fresno County APCD.
(5) The ozone attainment demonstration for the Kern County APCD.
(6) The attainment assessment, motor vehicle emissions budgets, and
Reasonably Available Control Measure (RACM) portions of the San
Francisco Bay Area Ozone Attainment Plan for the 1-Hour National Ozone
Standard, June 1999.
[46 FR 5979, Jan. 21, 1981, as amended at 48 FR 53118, Nov. 25, 1983; 50
FR 35798; Sept. 4, 1985; 53 FR 1781, Jan. 22, 1988; 53 FR 39088, Oct. 5,
1988; 53 FR 48537, Dec. 1, 1988; 55 FR 9878, 9880, Mar. 16, 1990; 56 FR
2853, Jan. 25, 1991; 66 FR 48347, Sept. 20, 2001]
Sec. 52.238 Commitment to undertake rulemaking.
(a) The Administrator shall undertake rulemaking, after the South
Coast mobile source public consultative process, to promulgate any VOC
and NOX mobile source controls which are determined to be
appropriate for EPA and needed for ozone attainment in the Los Angeles-
South Coast Air Basin Area.
(b) [Reserved]
[62 FR 1187, Jan. 8, 1997]
Sec. 52.239 Alternate compliance plans.
(a) Alternative compliance plans (bubble plans) developed under the
District rules listed below must be submitted to EPA by the State of
California as SIP revisions. The emission limits contained in the
District rule will continue to be enforceable by EPA and private
citizens under sections 113 and 304(a) of the Act until the alternative
compliance plans are approved by EPA for inclusion in the SIP.
(1) Bay Area AQMD.
(i) Rule 4 of Regulation 8, submitted on February 7, 1980.
(b) Alternative compliance plans (bubble plans) developed under the
District rules listed below are considered the applicable requirements
in the SIP which are enforceable by EPA and private citizens under
section 113 and 304(a) of the Act. Alternative compliance plans must be
submitted to EPA after their approval by the District. The District
rules do not apply to or supersede the conditions that a source must
meet under nonattainment or PSD permit programs, new source performance
standards, or national emission standards for hazardous air pollutants.
(1) Bay Area AQMD.
(i) Rules 11, 13 and 19 of Regulation 8, submitted on February 7,
1980.
[47 FR 11870, Mar. 19, 1982]
Sec. 52.240 Compliance schedules.
(a) The requirements of Sec. 51.262(a) of this chapter are not met
in the following Air Pollution Control Districts since the regulations
cited do not provide increments to progress toward compliance.
(1) Rules 50-A, 52-A, 53-A(a), 53-A(b), 53-A(c), 53.2, 53.3, 54.A,
58.A, 62.1, 68, 69, 70, and 71 of the San Bernardino County APCD.
(2) Rules 53, 72.1, and 72.2 of the Riverside County APCD.
(3) Rules 53, 66.c, and 68.a of the Orange County APCD.
(4) Rule 39.1 of the Santa Barbara County APCD.
(5) Rule 59 of the Ventura County APCD.
(6) Rule 66(c) of the Los Angeles County APCD.
(7) Rule 4.5 of the Siskiyou County APCD.
(8) Rule 64(c) of the Northern Sonoma County APCD.
(9) Rule 409 of the Tulare County APCD.
(b) The requirements of Sec. 51.261 are not met since Rule 68.a of
the Orange County Air Pollution Control District does not provide for
compliance within
[[Page 340]]
3 years after the Administrator's approval of the plan.
(c) Federal compliance schedule. (1) Except as provided in paragraph
(c)(2) of this section, the owner or operator of any stationary source
subject to Rule 68.a of the Orange County Air Pollution Control District
shall comply with such rule or regulation on or before January 31, 1974.
(i) Any owner or operator in compliance with this rule on the
effective date of this regulation shall certify such compliance to the
Administrator no later than 120 days following the effective date of
this paragraph.
(ii) Any owner or operator who achieves compliance with such rule or
regulation after the effective date of this regulation shall certify
such compliance to the Administrator within 5 days of the date
compliance is achieved.
(2) Any owner or operator of a stationary source subject to
paragraph (c)(1) of this section may, not later than 120 days following
the effective date of this paragraph, submit to the Administrator for
approval a proposed compliance schedule that demonstrates compliance
with the rules and regulations specified in paragraph (c)(1) of this
section as expeditiously as practicable but no later than July 31, 1975.
The compliance schedule shall provide for increments of progress toward
compliance. The dates for achievement of such increments of progress
shall be specified. Increments of progress shall include, but not be
limited to: Submittal of final control plan to the Administrator;
letting of necessary contracts for construction or process changes or
issuance of orders for the purchase of component parts to accomplish
emission control or process modification; initiation of onsite
construction or installation of emission control equipment or process
modification; completion of onsite construction or installation of
emissioncontrol equipment or process modification; and final compliance.
(3) Any owner or operator who submits a compliance schedule pursuant
to this paragraph shall, within 5 days after the deadline for each
increment of progress, certify to the Administrator whether or not the
required increment of the approved compliance schedule has been met.
(d) Regulation for increments of progress. (1) The requirements of
this paragraph are applicable to any stationary source in the following
Air Pollution Control Districts subject to the indicated regulations.
(i) Rules 50-A, 52-A, 53-A(a), 53-A(b), 53-A(c), 53.2, 53.3, 54.A,
58.A, 62.1, 68, 69, 70, and 71 of the San Bernardino County APCD.
(ii) Rules 53, 72.1, and 72.2 of the Riverside County APCD.
(iii) Rules 53 and 66.c of the Orange County APCD.
(iv) Rule 39.1 of the Santa Barbara County APCD.
(v) Rule 59 of the Ventura County APCD.
(vi) Rules 66(c) and 68 of the Los Angeles County APCD.
(vii) Rule 4.5 of the Siskiyou County APCD.
(viii) Rule 64(c) of the Northern Sonoma County APCD.
(ix) Rule 409 of the Tulare County APCD.
(2) Except as provided in paragraph (3) of this section, the owner
or operator of any stationary source shall, no later than 120 days
following the effective date of this paragraph, submit to the
Administrator for approval, a proposed compliance schedule that
demonstrates compliance with the applicable regulations as expeditiously
as practicable but no later than the final compliance date specified by
such applicable regulation. The compliance schedule shall provide for
periodic increments of progress toward compliance. The dates for
achievement of such increments shall be specified. Increments of
progress shall include, but not be limited to: Submittal of final
control plan to the Administrator; letting of necessary contracts for
construction or process changes or issuance of orders for the purchase
of component parts to accomplish emission control or process
modification; initiation of onsite construction or installation of
emission control equipment or process modification; completion of onsite
construction or installation of emission control equipment or process
modification; and final compliance.
[[Page 341]]
(3) Where any such owner or operator demonstrates to the
satisfaction of the Administrator that compliance with the applicable
regulations will be achieved on or before January 31, 1974, no
compliance schedule shall be required.
(4) Any owner or operator who submits a compliance schedule pursuant
to this paragraph shall, within 5 days after the deadline for each
increment of progress, certify to the Administrator whether or not the
required increment of the approved compliance schedule has been met.
(5) Any compliance schedule adopted by the State and approved by the
Administrator shall satisfy the requirements of this paragraph for the
affected source.
(e) [Reserved]
(f) State compliance schedules. (1) [Reserved]
(2) The compliance schedules for the sources identified below are
disapproved as not meeting the requirements of Subpart N of this
chapter. All regulations cited are air pollution control regulations of
the county in which the source is located, unless otherwise indicated.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rule or regulation
Source Location (county) involved Date of adoption Effective date Final compliance date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Simpson Lee Paper Co. (Order No. 72- Shasta................ 3.2................... Oct. 31, 1973........ Immediately.......... Jan. 15, 1976.
V-7).
Monolith Portland Cement Co. (Order Kern.................. 401(b), 404.1, 406.... Dec. 31, 1973........ ......do............. July 1, 1976.
No. 73-6 as amended Mar. 11, 1974).
--------------------------------------------------------------------------------------------------------------------------------------------------------
[37 FR 19814, Sept. 22, 1972]
Editorial Note: For Federal Register citations affecting
Sec. 52.240, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
Sec. 52.241 Inspection and maintenance program.
(a) [Reserved]
(b) Approval. On June 5, 2009, the California Air Resources Board
submitted a revision to the California Motor Vehicle Inspection and
Maintenance Program (2009 I/M Revision) to satisfy the requirements for
basic and enhanced motor vehicle inspection and maintenance (I/M) in
applicable ozone nonattainment areas. On October 28, 2009, the
California Air Resources Board amended the 2009 I/M Revision to include
revised enhanced performance program evaluations for six nonattainment
areas. Approved elements of the 2009 I/M Revision, as amended on October
28, 2009, include a discussion of each of the required design elements
of the I/M program; description of the current geographic coverage of
the program; I/M-related statutes and regulations; enhanced I/M
performance standard evaluations for the urbanized areas within six
California ozone nonattainment areas (South Coast Air Basin, San Joaquin
Valley, Sacramento Metro, Coachella Valley, Ventura County, and Western
Mojave Desert); basic I/M performance standard evaluation for the
urbanized area within the San Francisco Bay Area ozone nonattainment
area; and emission analyzer specifications and test procedures,
including BAR-97 specifications. The 2009 I/M Revision, as amended on
October 28, 2009, meets the requirements of sections 182(a)(2)(B) and
182(c)(3) of the Clean Air Act, as amended in 1990, and 40 CFR part 51,
subpart S and is approved as a revision to the California State
Implementation Plan.
[75 FR 38026, July 1, 2010]
Sec. 52.242 Disapproved rules and regulations.
(a) The following Air Pollution Control District rules are
disapproved because they do not meet the requirements of section 110 of
the Clean Air Act.
(1) South Coast Air Quality Management District.
(i) Rule 1623, Credits for Lawn and Garden Equipment, submitted on
August 28, 1996 and adopted on May 10, 1996.
[[Page 342]]
(ii) Rule 118, Emergencies, submitted on May 21, 1998.
(iii) Rule 1175, ``Control of Emissions from the Manufacturing of
Polymeric Cellular (Foam) Products,'' submitted on March 7, 2008 and
adopted on September 7, 2007.
(2) Antelope Valley Air Pollution Control District.
(i) Rule 118, Emergencies, submitted on March 10, 1998.
(3) Imperial County Air Pollution Control District.
(i) Rule 401, Opacity of Emissions submitted on May 26, 2000. Rule
401 submitted on June 9, 1987, is retained.
(4) San Joaquin Valley Unified Air Pollution Control District.
(i) Rule 4101, Visible Emissions, submitted on December 6, 2001 and
adopted on November 15, 2001.
(5) Kern County Air Pollution Control District.
(i) Rule 203, Transfer, submitted on July 23, 1996 and amended on
May 2, 1996. Rule 203, submitted on June 30, 1972, is retained.
(6) Monterey Bay Unified Air Pollution Control District
(i) Rule 400, Visible Emissions, submitted on March 7, 2008. Rule
400 submitted on January 15, 2004, is retained.
[65 FR 10717, Feb. 29, 2000, as amended at 66 FR 49297, Sept. 27, 2001;
67 FR 62385, Oct. 7, 2002; 69 FR 1273, Jan. 8, 2004; 72 FR 63110, Nov.
8, 2007; 75 FR 25778, May 10, 2010; 75 FR 37730, June 30, 2010]
Sec. 52.243 Interim approval of the Carbon Monoxide plan for the
South Coast.
The Carbon Monoxide plan for the Los Angeles-South Coast Air Basin
is approved as meeting the provisions of sections 171(1), 172(c)(2), and
187(a)(7) for quantitative milestones and reasonable further progress,
and the provisions of section 187(a)(7) for attainment demonstration.
This approval expires on August 7, 1998, or earlier if by such earlier
date the State has submitted as a SIP revision a demonstration that the
carbon monoxide emission reduction credits for the enhanced motor
vehicle inspection and maintenance program are appropriate and that the
program is otherwise in compliance with the Clean Air Act and EPA takes
final action approving that revision, as provided by section 348(c) of
the National Highway System Designation Act (Public Law 104-59).
[63 FR 19662, Apr. 21, 1998]
Sec. 52.244 Motor vehicle emissions budgets.
(a) Approval of the motor vehicle emissions budgets for the
following ozone rate-of-progress and attainment SIPs will apply for
transportation conformity purposes only until new budgets based on
updated planning data and models have been submitted and EPA has found
the budgets to be adequate for conformity purposes.
(1) Antelope Valley, approved January 8, 1997;
(2) Coachella, approved January 8, 1997;
(3) Kern, approved January 8, 1997;
(4) Mojave, approved January 8, 1997;
(5) Sacramento, approved January 8, 1997;
(6) South Coast, approved April 10, 2000;
(7) Ventura, approved January 8, 1997.
(b) Approval of the motor vehicle emissions budgets for the
following ozone maintenance SIP will apply for transportation conformity
purposes only until new budgets based on updated planning data and
models have been submitted and EPA has found the budgets to be adequate
for conformity purposes.
(1) Monterey, approved January 17, 1997.
(2) [Reserved]
(c) Approval of the motor vehicle emissions budgets for the
following carbon monoxide maintenance SIPs will apply for transportation
conformity purposes only until new budgets based on updated planning
data and models have been submitted and EPA has found the budgets to be
adequate for conformity purposes.
(1) Bakersfield, approved March 31, 1998;
(2) Chico, approved March 31, 1998;
(3) Fresno, approved March 31, 1998;
(4) Lake Tahoe-North, approved March 31, 1998;
(5) Lake Tahoe-South, approved March 31, 1998;
(6) Modesto, approved March 31, 1998;
(7) Sacramento, approved March 31, 1998;
[[Page 343]]
(8) San Diego, approved March 31, 1998;
(9) San Francisco Bay Area, approved March 31, 1998;
(10) Stockton, approved March 31, 1998.
(d) Approval of the motor vehicle emissions budgets for the
following nitrogen dioxide maintenance SIP will apply for transportation
conformity purposes only until new budgets based on updated planning
data and models have been submitted and EPA has found the budgets to be
adequate for conformity purposes.
(1) South Coast, approved on July 24, 1998.
(2) [Reserved]
(e) Approval of the motor vehicle emissions budgets for the
following PM-10 reasonable further progress and attainment SIPs will
apply for transportation conformity purposes only until new budgets
based on updated planning data and models have been submitted and EPA
has found the budgets to be adequate for conformity purposes.
(1) South Coast, approved April 18, 2003.
(2) Coachella Valley, approved April 18, 2003.
[67 FR 69146, Nov. 15, 2002, as amended at 68 FR 19317, 19319, Apr. 18,
2003]
Sec. 52.245 New Source Review rules.
(a) Approval of the New Source Review rules for the San Joaquin
Valley Unified Air Pollution Control District Rules 2020 and 2201 as
approved on May 17, 2004 in Sec. 52.220(c)(311)(i)(B)(1), and in effect
for Federal purposes from June 16, 2004 through June 10, 2010, is
limited, as it relates to agricultural sources, to the extent that the
permit requirements apply:
(1) To agricultural sources with potential emissions at or above a
major source applicability threshold; and
(2) To agricultural sources with actual emissions at or above 50
percent of a major source applicability threshold.
(b) Approval of the New Source Review rules for the San Joaquin
Valley Unified Air Pollution Control District Rules 2020 and 2201 as
approved on May 17, 2004 in Sec. 52.220(c)(311)(i)(B)(1), and in effect
for Federal purposes from June 16, 2004 through June 10, 2010, is
limited, as it relates to agricultural sources, to the extent that the
emission offset requirements apply to major agricultural sources and
major modifications of such sources.
[78 FR 46514, Aug. 1, 2013]
Sec. 52.246 Control of dry cleaning solvent vapor losses.
(a) For the purpose of this section, ``dry cleaning operation''
means that process by which an organic solvent is used in the commercial
cleaning of garments and other fabric materials.
(b) This section is applicable in the Metropolitan Los Angeles,
Sacramento Valley, and San Joaquin Valley Intrastate Air Quality Control
Regions (the ``Regions''), as described in 40 CFR part 81, dated July 1,
1979, except as follows:
(1) In the following portions of the Sacramento Valley Region, this
section is rescinded:
(i) Sacramento County APCD.
(ii) Placer County APCD (Mountain Counties Air Basin portion).
(iii) Yuba County APCD.
(iv) Sutter County APCD.
(2) In the following portions of the Metropolitan Los Angeles
Intrastate Region, this section is rescinded:
(i) Ventura County APCD.
(3) In the following portions of the San Joaquin Valley Intrastate
Region, this section is rescinded:
(i) San Joaquin County APCD.
(ii) Stanislaus County APCD.
(iii) Tulare County APCD.
(iv) Fresno County APCD.
(c) Any dry cleaning establishment that uses solvents containing 4
percent or more by volume of any reactive organic material listed under
paragraphs (k) (1), (2), and (3) of Sec. 52.254 except perchloroethylene
or any saturated halogenated hydrocarbon shall reduce the emissions of
the discharged organics by 90 percent by use of activated carbon
adsorption, or other appropriate means, not later than January 1, 1975.
(d) If incineration is used as a control technique, 90 percent or
more of the carbon in the organic compounds being
[[Page 344]]
incinerated must be oxidized to carbon dioxide.
[38 FR 31246, Nov. 12, 1973, as amended at 42 FR 41122, Aug. 15, 1977;
42 FR 42226, Aug. 22, 1977; 47 FR 15586, Apr. 12, 1982; 47 FR 18856, May
3, 1982; 47 FR 26385, June 18, 1982; 47 FR 28622, July 1, 1982; 47 FR
29670, July 8, 1982; 47 FR 50865, Nov. 10, 1982]
Sec. 52.247 Control Strategy and regulations: Fine Particle Matter.
(a) Determination of Attainment: Effective February 8, 2013, EPA has
determined that, based on 2009 to 2011 ambient air quality data, the San
Francisco Bay Area PM2.5 nonattainment area has attained the
2006 24-hour PM2.5 NAAQS. 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 for as long as this area continues to attain the 2006 24-hour
PM2.5 NAAQS. If EPA determines, after notice-and-comment
rulemaking, that this area no longer meets the 2006 PM2.5
NAAQS, the corresponding determination of attainment for that area shall
be withdrawn.
(b) Determination of Attainment: Effective February 11, 2013, EPA
has determined that, based on 2009 to 2011 ambient air quality data, the
Yuba City-Marysville PM2.5 nonattainment area has attained
the 2006 24-hour PM2.5 NAAQS. 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 for as long as this area continues to attain the 2006 24-hour
PM2.5 NAAQS. If EPA determines, after notice-and-comment
rulemaking, that this area no longer meets the 2006 PM2.5
NAAQS, the corresponding determination of attainment for that area shall
be withdrawn.
(c) Determination of Attainment: Effective August 14, 2013, EPA has
determined that, based on 2010 to 2012 ambient air quality data, the
Sacramento PM2.5 nonattainment area has attained the 2006 24-
hour PM2.5 NAAQS. 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 for as long as this area continues to attain the 2006 24-hour
PM2.5 NAAQS. If EPA determines, after notice-and-comment
rulemaking, that this area no longer meets the 2006 24-hour
PM2.5 NAAQS, the corresponding determination of attainment
for that area shall be withdrawn.
(d) Determination of Attainment: Effective October 10, 2013, EPA has
determined that, based on 2010 to 2012 ambient air quality data, the
Chico PM2.5 nonattainment area has attained the 2006 24-hour
PM2.5 NAAQS. 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 for
as long as this area continues to attain the 2006 24-hour
PM2.5 NAAQS. If EPA determines, after notice-and-comment
rulemaking, that this area no longer meets the 2006 24-hour
PM2.5 NAAQS, the corresponding determination of attainment
for that area shall be withdrawn.
[78 FR 1761, Jan. 9, 2013, as amended at 78 FR 2213, Jan. 10, 2013; 78
FR 42021, July 15, 2013; 78 FR 55228, Sept. 10, 2013]
Secs. 52.248-52.251 [Reserved]
Sec. 52.252 Control of degreasing operations.
(a) ``Degreasing'' means any operation using an organic solvent as a
surface cleaning agent prior to fabricating, surface coating,
electroplating, or any other process.
(b) This section is applicable in the Sacramento Valley, San Joaquin
Valley, and San Francisco Bay Area Intrastate Air Quality Control
Regions (the ``Regions''), as described in 40 CFR part 81, dated July 1,
1979, except as follows:
(1) In the following portions of the Sacramento Valley Region, this
section is rescinded:
(i) Sacramento County APCD.
(ii) Placer County APCD (Mountain Counties Air Basin portion).
[[Page 345]]
(iii) Yuba County APCD.
(iv) Sutter County APCD.
(c) Any organic emissions discharged from degreasing operations must
either be reduced by at least 85 percent, or the degreasing solvent must
be classified as non-photochemically reactive as defined by paragraph
(k) of Sec. 52.254 not later than January 1, 1975. This regulation shall
not be construed as lessening any emission control requirement specified
under EPA approved regulations or Sec. 52.254. Degreasing operations
using perchloroethylene or saturated halogenated hydrocarbons shall be
exempt from the requirements of this section.
[38 FR 31249, Nov. 12, 1973, as amended at 42 FR 42226, Aug. 22, 1977;
47 FR 15586, Apr. 12, 1982; 47 FR 18856, May 3, 1982; 47 FR 19332, May
5, 1982; 47 FR 28622, July 1, 1982]
Sec. 52.253 Metal surface coating thinner and reducer.
(a) All terms defined in Sec. 52.254 are used herein with the
meanings so defined.
(b) This section is applicable in the Metropolitan Los Angeles, San
Diego, Sacramento Valley, San Joaquin Valley, and San Francisco Bay Area
Intrastate Air Quality Control Regions (the ``Regions''), as described
in 40 CFR part 81, dated July 1, 1979, except as follows:
(1) In the following portions of the Sacramento Valley Intrastate
Region, this section is either fully rescinded or partially rescinded
subject to the conditions specified as follows:
(i) Sacramento County APCD.
(ii) Placer County APCD (Mountain Counties Air Basin portion).
(iii) This section is rescinded for metal parts and products coaters
which are subject to and in full compliance with Yolo-Solano County Rule
2.25 submitted on February 25, 1980.
(iv) Yuba County APCD.
(v) Sutter County APCD.
(2) In the following portions of the Metropolitan Los Angeles
Intrastate Region, this section is either fully rescinded or partially
rescinded subject to the conditions specified as follows:
(i) This section is fully rescinded for the Ventura County APCD.
(ii) This section is rescinded for magnet wire insulators, can and
coil coaters, metal parts coaters, and auto assembly line coaters which
are subject to and in full compliance with Rules 1107, 1115, 1125, and
1126 in the South Coast AQMD.
(iii) This section is rescinded for metal parts coaters that are
subject to and in full compliance with Rule 330 submitted on October 18,
1979, in the Santa Barbara County APCD.
(3) In the following portions of the San Joaquin Valley Intrastate
Region, this section is rescinded for certain sources subject to the
conditions specified:
(i) This section is rescinded for metal parts and products coaters
which are subject to and in full compliance with Kern County Rule 410.4,
submitted on October 15, 1979.
(ii) This section is rescinded for metal parts and products coaters
which are subject to and in full compliance with Madera County APCD's
Rule 410.4 submitted on October 10, 1980.
(iii) This section is rescinded for metal parts and products coaters
which are subject to and in full compliance with Merced County Rule
409.4 submitted on October 10, 1980.
(iv) This section is rescinded for metal parts and products coaters
which are subject to and in full compliance with San Joaquin County Rule
409.4 submitted on October 10, 1980.
(v) This section is rescinded for metal parts and products coaters
which are subject to and in full compliance with Stanislaus County Rule
410.4 submitted on October 10, 1980.
(vi) This section is rescinded for metal parts and products coaters
which are subject to and in full compliance with Tulare County Rule
410.4 submitted on October 10, 1980.
(vii) This section is rescinded for metal parts and products coaters
which are subject to and in full compliance with Kings County Rule 410.4
submitted on October 10, 1980.
(viii) This section is rescinded for metal parts and products
coaters which are subject to and in full compliance with Fresno County
Rule 409.4 submitted on October 15, 1979.
(4) In the San Francisco Bay Area Intrastate Region this section is
rescinded for certain operations, subject to the conditions specified
below:
[[Page 346]]
(i) This section is rescinded for metal container, closure and coil
coating operations, light and medium-duty motor vehicle assembly plants,
large appliance and metal furniture coaters, and miscellaneous metal
parts and products coating operations, which are subject to and in full
compliance with Rules 11, 13, 14, and 19 of Regulation 8 in the Bay Area
AQMD.
(5) In the San Diego Intrastate Region, this section is rescinded:
(i) This section is rescinded for metal parts and products coaters
which are subject to and in full compliance with San Diego APCD Rule
67.3, submitted on October 25, 1979.
(c) The composition of the organics in all metal surface coating
thinners and reducers that are manufactured after January 1, 1975, and
are used in the Regions, shall conform to paragraph (k) of Sec. 52.254
so as to be defined as a nonphotochemically reactive solvent.
(d) After July 1975, the composition of the organics in all metal
surface coating thinners and reducers that are used in the Regions,
shall conform to paragraph (k) of Sec. 52.254 so as to be defined as a
non-photochemically reactive solvent.
(e) If there is an inadequate supply of necessary solvent
ingredients needed in the manufacture of metal surface coating thinners
and reducers for the purpose of meeting the composition requirements of
this section in the time constraint required by this section; then
evidence of such a supply inadequacy must be presented to the
Administrator by the manufacturers of the metal surface coating thinners
and reducers, so that the Administrator may grant to the industry an
appropriate implementation time extension for meeting the requirements
of this section, if and as warranted by the evidence presented.
[38 FR 31249, Nov. 12, 1973, as amended at 42 FR 28123, June 2, 1977; 46
FR 5979, Jan. 21, 1981; 46 FR 42461, Aug. 21, 1981; 47 FR 11870, Mar.
19, 1982; 47 FR 15586, Apr. 12, 1982; 47 FR 18856, May 3, 1982; 47 FR
19332, May 5, 1982; 47 FR 19698, May 7, 1982; 47 FR 24308, June 4, 1982;
47 FR 28622, July 1, 1982]
Sec. 52.254 Organic solvent usage.
(a) This section is applicable in the Sacramento Valley, San
Francisco Bay Area, and San Joaquin Valley Intrastate Air Quality
Control Regions (the ``Regions''), as described in 40 CFR part 81, dated
July 1, 1979, except as follows:
(1) In the following portions of the San Joaquin Valley Region, only
the hourly emission limitations contained in paragraphs (b), (c), and
(d) of this section are in effect; the following paragraphs, needed for
interpretation are also in effect: Paragraphs (e) through (l) and (o)
through (q) of this section. In addition, this section is entirely
rescinded for specific operations for some of the counties noted below:
(i) This section is rescinded entirely for metal parts and products
coaters which are subject to and in full compliance with Rule 409.4 for
the Fresno County APCD, Rule 410.4 for the Kings County APCD, Rule 410.4
for the Madera County APCD, Rule 409.4 for the Merced County APCD, Rule
409.4 for the San Joaquin County APCD, Rule 409.4 for the Stanislaus
County APCD, and Rule 410.4 for the Tulare County APCD.
(ii) Kern County APCD. This section is rescinded entirely for metal
parts and product coaters which are subject to and in full compliance
with Rule 410.4.
(iii) Fresno County APCD.
(iv) San Joaquin County APCD.
(v) Madera County APCD.
(vi) Merced County APCD.
(2) In the following portions of the San Joaquin Valley Region, only
the hourly emission limitations contained in paragraphs (b), (c), and
(d) of this section and the architectural coatings and solvent disposal
emission limitations contained in paragraphs (m) and (n) of this section
are in effect; the following paragraphs, needed for interpretation and
enforcement of these emission limitations, are also in effect:
Paragraphs (e) through (l) and (o) through (q) of this section.
(i) Kings County APCD.
(3) In the following portions of the Sacramento Valley Region, this
section is rescinded:
(i) Sacramento County APCD.
(ii) Yolo-Solano APCD.
(iii) Shasta County APCD.
[[Page 347]]
(iv) Placer County APCD (Mountain Counties Air Basin portion).
(v) Yuba County APCD.
(vi) Sutter County APCD.
(vii) El Dorado County (Mountain Counties Air Basin portion).
(4) This section is rescinded for the San Francisco Bay Area
Intrastate Region except for paragraph (d), which is retained until
December 31, 1982 for sources constructed prior to October 2, 1974. The
following paragraphs, needed for interpretation and enforcement of
paragraph (d) are also in effect: Paragraphs (e) through (l) and (o)
through (q) of this section.
(5) In the following portions of the Sacramento Valley Intrastate
Region, paragraph (m) of this section is rescinded.
(i) Butte County APCD.
(ii) Sutter County APCD.
(b) No person shall discharge into the atmosphere more than 15
pounds of organic materials in any 1 day or more than 3 pounds in any 1
hour from any article, machine, equipment, or other contrivance in which
any organic solvent or any material containing organic solvent comes
into contact with flame or is baked, heat-cured, or heat-polymerized in
the presence of oxygen, unless said discharge has been reduced by at
least 85 percent. Those portions of any series of articles, machines,
equipment, or other contrivances designed for processing continuous web,
strip, or wire that emit organic materials in the course of using
operations described in this section shall be collectively subject to
compliance with this section.
(c) A person shall not discharge to the atmosphere more than 40
pounds of organic materials in any 1 day or more than 8 pounds in any 1
hour from any article, machine, equipment, or other contrivance used
under conditions other than those described in paragraph (b) of this
section for employing or applying any photochemically reactive solvent,
as defined in paragraph (k) of this section, or material containing such
photochemically reactive solvent, unless said discharge has been reduced
by at least 85 percent. Emissions of organic materials into the
atmosphere resulting from air- or heated-drying of products for the
first 12 hours after their removal from any article, machine, or other
contrivance described in this section shall be included in determining
compliance with this paragraph. Emissions resulting from baking, heat-
curing, or heat-polymerizing as described in paragraph (b) of this
section shall be excluded from determination of compliance with this
section. Those portions of any series of articles, machines, equipment,
or other contrivances designed for processing a continuous web, strip,
or wire that emit organic materials in the course of using operations
described in this section shall be collectively subject to compliance
with this section.
(d) A person shall not, after August 31, 1976, discharge into the
atmosphere more than 3,000 pounds of organic materials in any 1 day or
more than 450 pounds in any 1 hour from any article, machine, equipment,
or other contrivance in which any non-photochemically reactive organic
solvent or any material containing such a solvent is employed or
applied, unless said discharge has been reduced by at least 85 percent.
Emissions of organic materials into the atmosphere resulting from air-
or heated-drying of products for the first 12 hours after their removal
from any article, machine, equipment, or other contrivance described in
this section shall be included in determining compliance with this
section. Emissions resulting from baking, heat-curing, or heat-
polymerizing as described in paragraph (b) of this section shall be
excluded from determination of compliance with this section. Those
portions of any series of articles, machines, equipment, or other
contrivances designed for processing a continuous web, strip, or wire
that emit organic materials in the course of using operations described
in this section shall be collectively subject to compliance with this
section.
(e) Emissions of organic materials to the atmosphere from the
cleaning with photochemically reactive solvent, as defined in paragraph
(k) of this section, of any article, machine, equipment, or other
contrivance described in paragraph (b), (c), or (d) of this section,
shall be included with the other emissions of organic materials for
determining compliance with this rule.
[[Page 348]]
(f) Emissions of organic materials into the atmosphere required to
be controlled by paragraph (b), (c), or (d) of this section, shall be
reduced by:
(1) Incineration, provided that 90 percent or more of the carbon in
the organic material being incinerated is oxidized to carbon dioxide, or
(2) Adsorption, or
(3) Processing in a manner determined by the Administrator to be not
less effective than the methods outlined in paragraph (f) (1) or (2) of
this section.
(g) A person incinerating, adsorbing, or otherwise processing
organic materials pursuant to this section shall provide, properly
install and maintain in calibration, in good working order and in
operation, devices as specified in the authority to construct or permit
to operate, or as specified by the Administrator, for indicating
temperatures, pressures, rates of flow, or other operating conditions
necessary to determine the degree and effectiveness of air pollution
control.
(h) Any person using organic solvents or any materials containing
organic solvents shall supply the Administrator upon request and in the
manner and form prescribed by him, written evidence of the chemical
composition, physical properties, and amount consumed for each organic
solvent used.
(i) The provisions of this section shall not apply to:
(1) The manufacture of organic solvents, or the transport or storage
of organic solvents or materials containing organic solvents.
(2) The use of equipment for which other requirements are specified
by rules or which are exempted from air pollution control requirements
by applicable rules affecting the storage of petroleum products,
effluent oil-water separators, and the transfer of gasoline.
(3) The spraying or other employment of insecticides, pesticides, or
herbicides.
(4) The employment, application, evaporation, or drying of saturated
halogenated hydrocarbons or perchloroethylene.
(5) The use of any material in any article, machine, equipment, or
other contrivance described in paragraph (b), (c), (d), or (e) of this
section, if:
(i) The volatile content of such materials consists only of water
and organic solvent, and
(ii) The organic solvents comprise not more than 20 percent by
volume of said volatile content, and
(iii) The volatile content is not photochemically reactive as
defined in paragraph (k) of this section, and
(iv) The organic solvent or any material containing organic solvent
does not come into contact with flame.
This last stipulation applies only for those articles, machines,
equipment, or contrivances that are constructed or modified after the
effective date of this section.
(6) The use of any material in any article, machine, equipment or
other contrivance described in paragraph (b), (c), (d), or (e) of this
section, if:
(i) The organic solvent content of such material does not exceed 30
percent by volume of said material; this to be effective until January
1, 1977. After January 1, 1977, the organic solvent content of such
material must not exceed 20 percent by volume of said material.
(ii) The volatile content is not photochemically reactive as defined
in paragraph (k) of this section, and
(iii) The organic solvent or any material containing organic solvent
does not come into contact with flame. This last stipulation applies
only for those articles, machines, equipment, or contrivances that are
constructed or modified after the effective date of this section.
(j) For the purposes of this section, organic solvents include
diluents, thinners, and reducers and are defined as organic materials
that are liquids at standard conditions and are used as dissolvers,
viscosity reducers, or cleaning agents, except that such materials
exhibiting a boiling point higher than 220 deg.F at 0.5 millimeter
mercury absolute pressure or having an equivalent vapor pressure shall
not be considered to be solvents unless exposed to temperatures
exceeding 220 deg.F.
(k) For the purpose of this section, a photochemically reactive
solvent is any solvent with an aggregate of more than 20 percent of its
total volume
[[Page 349]]
composed of the chemical compounds classified below or which exceeds any
of the following individual percentage composition limitations, referred
to the total volume of solvent:
(1) A combination of hydrocarbons, alcohols, aldehydes, esters,
ethers, or ketones having an olefinic or cycloolefinic type of
unsaturation; 5 percent;
(2) A combination of aromatic compounds with 8 or more carbon atoms
to the molecule except ethylbenzene, phenyl acetate, and methyl
benzoate; 8 percent;
(3) A combination of ethylbenzene, ketones having branched
hydrocarbon structures, trichloroethylene or toluene: 20 percent.
Whenever any organic solvent or any constituent of an organic solvent
may be classified from its chemical structure into more than one of the
above groups of organic compounds, it shall be considered as a member of
the most reactive chemical group, that is, that group having the least
allowable percent of the total volume of solvents.
(l) For the purpose of this section, organic materials are defined
as chemical compounds of carbon excluding carbon monoxide, carbon
dioxide, carbonic acid, metallic carbonates, and ammonium carbonate.
(m) Architectural coatings and their use shall conform to the
following requirements, on or before January 1, 1975:
(1) A person shall not sell or offer for sale or use in the areas in
which this section applies, in containers of 1-quart capacity or larger,
any architectural coating containing photochemically reactive solvent,
as defined in paragraph (k) of this section.
(2) A person shall not employ, apply, evaporate, or dry in the areas
in which this section applies, any architectural coating purchased in
containers of 1-quart capacity or larger containing photochemically
reactive solvent, as defined in paragraph (k) of this section.
(3) A person shall not thin or dilute any architectural coating with
a photochemically reactive solvent, as defined in paragraph (k) of this
section.
(4) For the purpose of this section, an architectural coating is
defined as a coating used for residential or commercial buildings and
their appurtenances, or for industrial buildings.
(n) A person shall not during any one day dispose of a total of more
than 1.5 gallons of any photochemically reactive solvent as defined in
paragraph (k) of this section, or of any material containing more than
1.5 gallons of any such photochemically reactive solvent by any means
that will permit the evaporation of such solvent into the atmosphere.
(o) Compliance schedule. (1) Except where other final compliance
dates are provided in this section, the owner or operator of any
stationary source subject to this section shall comply with this section
on or before March 31, 1974. In any event:
(i) Any owner or operator in compliance with this section on the
effective date of this section shall certify such compliance to the
Administrator no later than 120 days following the effective date of
this section.
(ii) Any owner or operator who achieves compliance with this section
after the effective date of this section shall certify such compliance
to the Administrator within 5 days of the date compliance is achieved.
(p) Any owner or operator of a stationary source subject to
paragraph (o)(1) of this section may, not later than 120 days following
the effective date of this section, submit to the Administrator for
approval a proposed compliance schedule that demonstrates compliance
with the provisions in paragraph (o)(1) of this section as expeditiously
as practicable but no later than July 31, 1975. The compliance schedule
shall provide for increments of progress toward compliance. The dates
for achievement of such increments of progress shall be specified.
Increments of progress shall include, but not be limited to:
Submittal of a final control plan to the Administrator; letting of
necessary contracts for construction or process changes or issuance of
orders for the purchase of component parts to accomplish emission
control or process modification; initiation of onsite construction or
installation of emission control equipment or process modification;
completion of onsite construction or
[[Page 350]]
installation of emission control equipment or process modification and
final compliance.
(q) Any owner or operator who submits a compliance schedule pursuant
to this section shall, within 5 days after the deadline for each
increment of progress, certify to the Administrator whether or not the
required increment of the approved compliance schedule has been met.
[38 FR 31249, Nov. 12, 1973]
Editorial Note: For Federal Register citations affecting
Sec. 52.254, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
Sec. 52.255 Gasoline transfer vapor control.
(a) ``Gasoline'' means any petroleum distillate having a Reid vapor
pressure of 4 pounds or greater.
(b) This section is applicable in the Metropolitan Los Angeles and
Sacramento Valley Intrastate Air Quality Control Regions, as described
in 40 CFR part 81, dated July 1, 1979, with the following exceptions:
(1) The control requirements of this section are limited to
facilities with a total throughput less than 20,000 gallons per day, the
refilling of delivery vessels at these facilities, and storage
containers serviced by these facilities for those air pollution control
districts identified below.
(i) Ventura County APCD.
(2) The control requirements of this section are rescinded in the
following air pollution control districts.
(i) South Coast AQMD.
(ii) Santa Barbara County APCD.
(iii) Placer County APCD (Mountain Counties Air Basin portion).
(iv) Sacramento County APCD.
(v) Yolo-Solano County APCD.
(vi) Butte County APCD.
(vii) Glenn County APCD.
(viii) El Dorado County APCD (Mountain Counties Air Basin portion).
(3) The control requirements of this section are rescinded in the
following air pollution control districts:
(i) South Coast AQMD.
(ii)-(viii) [Reserved]
(ix) Santa Barbara County APCD.
(x) Placer County APCD (Mountain Counties Air Basin portion).
(xi) Sacramento County APCD.
(xii) Yolo-Solano County APCD.
(xiii) Butte County APCD.
(xiv) Glenn County APCD.
(c) No person shall transfer gasoline from any delivery vessel into
any stationary storage container with a capacity greater than 250
gallons unless such container is equipped with a submerged fill pipe and
unless the displaced vapors from the storage container are processed by
a system that prevents release to the atmosphere of no less than 90
percent by weight of organic compounds in said vapors displaced from the
stationary container location.
(1) The vapor recovery portion of the system shall include one or
more of the following:
(i) A vapor-tight return line from the storage container to the
delivery vessel and a system that will ensure that the vapor return line
is connected before gasoline can be transferred into the container.
(ii) Refrigeration-condensation system or equivalent designed to
recover no less than 90 percent by weight of the organic compounds in
the displaced vapor.
(2) If a ``vapor-tight vapor return'' system is used to meet the
requirements of this section, the system shall be so constructed as to
be readily adapted to retrofit with an adsorption system, refrigeration-
condensation system, or equivalent vapor removal system, and so
constructed as to anticipate compliance with Sec. 52.256.
(3) The vapor-laden delivery vessel shall be subject to the
following conditions:
(i) The delivery vessel must be so designed and maintained as to be
vapor-tight at all times.
(ii) The vapor-laden delivery vessel may be refilled only at
facilities equipped with a vapor recovery system or the equivalent,
which can recover at least 90 percent by weight of the organic compounds
in the vapors displaced from the delivery vessel during refilling.
(iii) Facilities that do not have more than a 20,000 gallon per day
throughput, and distribute less than 10% of daily volume to delivery
vehicles that in turn service storage tanks that are
[[Page 351]]
required to have a vapor return or balance system, will not be required
to comply with the provisions of paragraph (c) of this section before
May 31, 1977. Facilities that service delivery vehicles that in turn
deliver not more than 500,000 gallons per year to storage tanks that are
required to comply with the provisions of paragraph (c) of this section
will not be required to comply with the provisions of paragraph (c) of
this section before January 1, 1977. Facilities that exclusively service
storage tanks that do not have a required vapor return or balance
system, will not be required to have a vapor recovery system.
(iv) Gasoline storage compartments of 1,000 gallons or less in
gasoline delivery vehicles presently in use on the promulgation date of
this regulation will not be required to be retrofitted with a vapor
return system until May 31, 1977.
(v) Storage containers served by delivery vessels filled at
distribution facilities with extended compliance dates will not be
required to comply with the provisions of paragraph (c) of this section
until May 31, 1977.
(d) The provisions of paragraph (c) of this section shall not apply
to the following:
(1) Storage containers used primarily for the fueling of implements
of husbandry, if such container is equipped by May 31, 1977 with a
permanent submerged fill pipe, or at the time of installation for
containers installed after this date.
(2) Any storage container having a capacity of 2,000 gallons or less
and installed prior to July 1, 1975, if such container is equipped with
a permanent submerged fill pipe by May 31, 1977.
(3) Transfer made to storage tanks equipped with floating roofs or
their equivalent.
(4) Storage containers installed after July 1, 1975 in Kings County.
(5) Storage containers installed after January 1, 1975 in Madera
County.
(e) Compliance schedule:
(1) June 1, 1974--Submit to the Administrator a final control plan,
which describes at a minimum the steps that will be taken by the source
to achieve compliance with the provisions of paragraph (c) of this
section.
(2) March 1, 1975--Negotiate and sign all necessary contracts for
emission control systems, or issue orders for the purchase of component
parts to accomplish emission control.
(3) May 1, 1975--Initiate on-site construction or installation of
emission control equipment.
(4) February 1, 1976--Complete on-site construction or installation
of emission control equipment.
(5) July 1, 1976--Assure final compliance with the provisions of
paragraph (c) of this section.
(6) Any owner or operator of sources subject to the compliance
schedule in this paragraph shall certify to the Administrator, within 5
days after the deadline for each increment of progress, whether or not
the required increment of progress has been met.
(f) Paragraph (e) of this section shall not apply:
(1) To a source which is presently in compliance with the provisions
of paragraph (c) of this section and which has certified such compliance
to the Administrator by June 1, 1974. The Administrator may request
whatever supporting information he considers necessary for proper
certification.
(2) To a source for which a compliance schedule is adopted by the
State and approved by the Administrator.
(3) To a source whose owner or operator submits to the
Administrator, by June 1, 1974, a proposed alternative schedule. No such
schedule may provide for compliance after March 1, 1976. If promulgated
by the Administrator, such schedule shall satisfy the requirements of
this section for the affected source.
(g) Nothing in this section shall preclude the Administrator from
promulgating a separate schedule for any source to which the application
of the compliance schedule in paragraph (e) of this section fails to
satisfy the requirements of Secs. 51.261 and 51.262(a) of this chapter.
(h) Any gasoline-dispensing facility subject to this section that
installs a storage tank after the effective date of this section shall
comply with the requirements of paragraph (c) of this section by March
1, 1976 and prior to that date shall comply with paragraph (e) of
[[Page 352]]
this section as far as possible. Any facility subject to this section
that installs a storage tank after March 1, 1976, shall comply with the
requirements of paragraph (c) of this section at the time of
installation.
[38 FR 31251, Nov. 12, 1973]
Editorial Note: For Federal Register citations affecting
Sec. 52.255, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
Sec. 52.256 Control of evaporative losses from the filling of
vehicular tanks.
(a) ``Gasoline'' means any petroleum distillate having a Reid vapor
pressure of 4 pounds or greater.
(b) This section is applicable in the Metropolitan Los Angeles and
Sacramento Valley Intrastate Air Quality Control Regions, except as
follows:
(1) In the following portions of the Metropolitan Los Angeles
Intrastate Region, this section is rescinded.
(i) South Coast AQMD.
(ii) Santa Barbara County APCD.
(2) In the following portions of the San Joaquin Valley Intrastate
Region, this section is rescinded.
(i) Kings County APCD.
(3) In the following portion of the Sacramento Valley Intrastate
Region, this section is rescinded.
(i) Sacramento County APCD.
(ii) El Dorado County APCD (Mountain Counties Air Basin portion).
(iii) Placer County APCD (Mountain Counties Air Basin portion).
(c) A person shall not transfer gasoline to an automotive fuel tank
from a gasoline dispensing system unless the transfer is made through a
fill nozzle designed to:
(1) Prevent discharge of hydrocarbon vapors to the atmosphere from
either the vehicle filler neck or dispensing nozzle;
(2) Direct vapor displaced from the automotive fuel tank to a system
wherein at least 90 percent by weight of the organic compounds in
displaced vapors are recovered; and
(3) Prevent automotive fuel tank overfills or spillage on fill
nozzle disconnect.
(d) The system referred to in paragraph (c) of this section can
consist of a vapor-tight vapor return line from the fill nozzle/filler
neck interface to the dispensing tank or to an adsorption, absorption,
incineration, refrigeration-condensation system or its equivalent.
(e) Components of the systems required by paragraph (c) of
Sec. 52.255 can be used for compliance with paragraph (c) of this
section.
(f) If it is demonstrated to the satisfaction of the Administrator
that it is impractical to comply with the provisions of paragraph (c) of
this section as a result of vehicle fill neck configuration, location,
or other design features for a class of vehicles, the provisions of this
paragraph shall not apply to such vehicles. However, in no case shall
such configuration exempt any gasoline dispensing facility from
installing and using in the most effective manner a system required by
paragraph (c) of this section.
(g) Compliance schedule:
(1) January 1, 1975--Submit to the Administrator a final control
plan, which describes at a minimum the steps that will be taken by the
source to achieve compliance with the provisions of paragraph (c) of
this section.
(2) March 1, 1975--Negotiate and sign all necessary contracts for
emission control systems, or issue orders for the purchase of component
parts to accomplish emission control.
(3) May 1, 1975--Initiate on-site construction or installation of
emission control equipment. Compliance with the requirements of
paragraph (c) of this section shall be as soon as practicable, but no
later than specified in paragraphs (g) (4) and (5)of this section.
(4) May 1, 1977--Complete on-site construction or installation of
emission control equipment or process modification.
(5) May 31, 1977--Assure final compliance with the provisions of
paragraph (c) of this section.
(6) Any owner or operator of sources subject to the compliance
schedule in this paragraph (g) shall certify to the Administrator,
within 5 days after the deadline for each increment of progress, whether
or not the required increment of progress has been met.
(h) Paragraph (g) of this section shall not apply:
[[Page 353]]
(1) To a source which is presently in compliance with the provisions
of paragraph (c) of this section and which has certified such compliance
to the Administrator by January 1, 1975. The Administrator may request
whatever supporting information he considers necessary for proper
certification.
(2) To a source for which a compliance schedule is adopted by the
State and approved by the Administrator.
(3) To a source whose owner or operator submits to the
Administrator, by June 1, 1974, a proposed alternative schedule. No such
schedule may provide for compliance after May 31, 1977. If promulgated
by the Administrator, such schedule shall satisfy the requirements of
this section for the affected source.
(i) Nothing in this section shall preclude the Administrator from
promulgating a separate schedule for any source to which the application
of the compliance schedule in paragraph (g) of this section fails to
satisfy the requirements of Secs. 51.261 and 51.262(a) of this chapter.
(j) Any gasoline dispensing facility subject to this section that
installs a gasoline dispensing system after the effective date of this
section shall comply with the requirements of paragraph (c) of this
section by May 31, 1977, and prior to that date shall comply with
paragraph (g) of this section as far as possible. Any facility subject
to this section that installs a gasoline dispensing system after May 31,
1977, shall comply with the requirements of paragraph (c) of this
section at the time of installation.
[38 FR 31251, Nov. 12, 1973, as amended at 39 FR 4881, Feb. 8, 1974; 39
FR 21053, June 18, 1974; 46 FR 5979, Jan. 21, 1981; 46 FR 60203, Dec. 9,
1981; 47 FR 19332, May 5, 1982; 47 FR 19698, May 7, 1982; 47 FR 28622,
July 1, 1982; 47 FR 29538, July 7, 1982; 51 FR 40676, Nov. 7, 1986]
Secs. 52.257-52.262 [Reserved]
Sec. 52.263 Priority treatment for buses and carpools--Los Angeles
Region.
(a) Definitions:
(1) ``Carpool'' means a vehicle containing three or more persons.
(2) ``Bus/carpool lane'' means a lane on a street or highway open
only to buses (or to buses and carpools), whether constructed especially
for that purpose or converted from existing lanes.
(3) ``Preferential treatment'' for any class of vehicles, means
either the setting aside of one traffic lane for the exclusive use of
such vehicles or other measures (for example, access metering or setting
aside the entire street), which the Administrator finds would be at
least equal in VMT reduction effect to the establishment of such a lane.
(b) This regulation is applicable in the Metropolitan Los Angeles
Intrastate Air Quality Control Region (the ``Region'').
(c) On or before May 31, 1974, the State of California, through the
State Department of Transportation or through other agencies to which
legal authority has been delegated, shall establish the following system
of bus/carpool lanes.
(1) Ventura/Hollywood Corridor--a concurrent flow exclusive bus/
carpool lane from Topanga Canyon Boulevard, Woodland Hills (U.S. 101) to
junction of the Hollywood Freeway, and contraflow on the Hollywood
Freeway (U.S. 101) from the junction with Ventura Freeway in North
Hollywood to Vermont Avenue, and bus preferential treatment on arterial
surface streets from Vermont Avenue to the Los Angeles central business
district (CBD).
(2) Harbor Freeway Corridor--contraflow on Harbor Freeway
(California 11) from vicinity of Pacific Coast Highway, in Wilmington,
to junction of Santa Monica Freeway (I-10), then by surface street
preferential treatment to LA/CBD.
(3) Wilshire Corridor--surface street preferential bus treatment
from vicinity of San Vincente Boulevard, to LA/CBD.
(4) San Bernardino Freeway Corridor-Bus/carpool lane, either
contraflow, or concurrent flow on San Bernardino Freeway from El Monte
terminus of existing San Bernardino Freeway bus lane (I-10), to vicinity
of Ontario Airport.
(5) Priority Treatment in CBD--provide preferential treatment in CBD
on surface streets to connect Wilshire and San Bernardino corridors.
(d) On or before May 31, 1976, the State of California, through the
State
[[Page 354]]
Department of Transportation or other agencies to which legal authority
has been delegated, shall establish the following system of bus and bus/
carpool lanes:
(1) Contraflow lane on the Golden State Freeway (I-5) from junction
of Ventura Freeway (California 134) in Los Angeles to San Bernardino
Freeway (I-10).
(2) Contraflow on Pasadena Freeway (California 11) from terminus in
City of Pasadena to Hollywood Freeway (U.S. 101).
(3) Contraflow on Pomona Freeway from San Gabriel Freeway (I-605) to
Santa Ana Freeway (I-5).
(4) Concurrent flow in San Diego Freeway (I-405) from Ventura
Freeway (U.S. 101) in Sherman Oaks to Newport Freeway (California 55),
Costa Mesa.
(5) Concurrent flow on Long Beach Freeway (California 7) from Santa
Ana Freeway (I-5), City of Commerce to San Diego Freeway (I-405), Long
Beach.
(6) Artesia Freeway (California 91) from Santa Ana Freeway (I-5) to
Long Beach Freeway (California 7), Long Beach.
(e) State III will include specific routes in other portions of the
Region.
(f) On or before December 31, 1973, the State of California shall
submit to the Administrator a compliance schedule showing the steps it
will take to establish the system of bus/carpool lanes required by
paragraphs (c) and (d) of this section, with each schedule to include
the following:
(1) A schedule for the establishment of the lanes. The schedule for
the lanes required by paragraph (d) of this section shall provide for
the first such lane to be set aside no later than June 1, 1974.
(2) Bus/carpool lanes must be prominently indicated by overhead
signs at appropriate intervals and at each intersection of entry ramps.
(3) Bus/carpool lanes must be prominently indicated by distinctive
painted, pylon, or physical barriers.
(4) Vehicles using a bus/carpool lane shall have the right of way
when crossing other portions of the road to enter or leave such lanes.
(5) At a minimum, the bus/carpool lanes so set aside shall operate
from 6:30 a.m. to 9:30 a.m. and from 3:30 to 6:30 a.m. each weekday.
(g) No deviation from the system of bus/carpool lanes required under
paragraphs (c) and (d) of this section shall be permitted except upon
application made by the State of California to the Administrator at the
time of submittal of compliance schedules and approved by him, which
application must contain a satisfactory designation of alternate routes
for the establishment of such lanes.
[38 FR 31254, Nov. 12, 1973]
Secs. 52.264-52.268 [Reserved]
Sec. 52.269 Control strategy and regulations: Photochemical oxidants
(hydrocarbons) and carbon monoxide.
(a) The requirements of subpart G of this chapter are not met
because the plan does not provide for attainment and maintenance of the
national standards for photochemical oxidants (hydrocarbons) and carbon
monoxide in the San Francisco Bay Area, San Diego, Sacramento Valley,
San Joaquin Valley, and Southeast Desert Intrastate Regions by May 31,
1975.
(b) The following regulatory changes represent a relaxation of
previously submitted regulations, and an adequate control strategy
demonstration has not been submitted showing that the relaxation would
not interfere with the attainment and maintenance of the national
standards for photochemical oxidants.
(1) Mountain Counties Intrastate Region.
(i) Calaveras County APCD.
(A) The revocation of Rule 412, Organic Liquid Loading, is
disapproved. Rule 412 submitted on June 30, 1972 and previously approved
in 40 CFR 52.223 is retained.
(B) The revocation of Rule 413, Effluent Oil Water Separators, is
disapproved; and Rule 413 submitted on June 30, 1972 and previously
approved in 40 CFR 52.223 is retained.
(ii) Tuolumne County APCD.
(A) The revocation of Rule 413, Organic Liquid Loading, is
disapproved; and Rule 413 submitted on June 30, 1972 and previously
approved in 40 CFR 52.223 is retained.
[[Page 355]]
(B) The revocation of Rule 414, Effluent Oil Water Separators, is
disapproved; and Rule 414 submitted on June 30, 1972 and previously
approved in 40 CFR 52.223 is retained.
(C) The revocation of Rule 413, Organic Liquid Loadings, submitted
February 10, 1977, is disapproved; and the previously approved Rule 413
submitted on June 30, 1972 remains in effect.
(D) The revocation of Rule 414, Effluent Oil Water Separators,
submitted on February 10, 1977, is disapproved; and the previously
approved Rule 414 submitted on June 30, 1972, remains in effect.
(1-1) San Joaquin Valley Intrastate Region.
(i) Stanislaus County APCD.
(A) Rule 411.1, submitted on November 4, 1977, is disapproved. Rule
411.1 submitted on April 21, 1976 remains in effect.
(ii) Merced County APCD.
(A) Rule 411.1, submitted on November 4, 1977, is disapproved. Rule
411.1, submitted on August 2, 1976, remains in effect.
(iii) Fresno County APCD.
(A) Rules 411.1, Gasoline Transfer Into Vehicle Fuel Tanks,
submitted on November 4, 1977, is disapproved; and Rule 411.1 submitted
on April 21, 1976, and previously approved under 40 CFR 52.223, is
retained.
(iv) Tulare County APCD.
(A) Section 412.1, Transfer of Gasoline Into Vehicle Fuel Tanks,
submitted on October 13, 1977, is disapproved; and Section 412.1,
submitted on April 21, 1976, and previously approved under 40 CFR
52.223, is retained.
(v) Madera County APCD.
(A) Rule 412.1, Transfer of Gasoline Into Stationary Storage
Containers, submitted on October 13, 1977, is disapproved; and Rules
411, Gasoline Storage and 411.1, Transfer of Gasoline Into Stationary
Storage Containers, submitted on June 30, 1972, and April 10, 1976,
respectively, and previously approved under 40 CFR 52.223 are retained.
(vi) San Joaquin County APCD.
(A) Rule 411.2, Transfer of Gasoline Into Vehicle Fuel Tanks,
submitted on November 4, 1977, is disapproved; and rule 411.2, submitted
on February 10, 1976 and previously approved under 40 CFR 52.223, is
retained.
(2) Sacramento Valley intrastate region:
(i) Sacramento County APCD.
(A) Rule 13 submitted on November 4, 1977, is disapproved.
(ii) Placer County APCD.
(A) Rule 218, Architectural Coatings, adopted on May 20, 1985 and
submitted to EPA on February 10, 1986 is disapproved. The version of
this rule by the same number and title submitted on July 19, 1983 and
approved by EPA on May 3, 1984 is retained.
(iii) Sutter County APCD.
(A) Rule 3.15, Architectural Coatings, adopted on October 15, 1985
and submitted to EPA on February 10, 1986 is disapproved. The version of
this rule by the same number and title submitted on January 1, 1981 and
approved by EPA on May 3, 1982 is retained.
(3) Southeast Desert Intrastate AQCR.
(i) Los Angeles County APCD.
(A) Regulation IV, rule 465, Vacuum Producing Devices or Systems,
submitted on June 6, 1977, is disapproved. Rule 74 with the same title,
submitted on June 6, 1977, is disapproved. Rule 69 with the same title,
submitted on June 30, 1972 and approved under 40 CFR 52.223, is
retained.
(ii) Riverside County APCD.
(A) Regulation IV, rule 465, Vacuum Producing Devices or Systems,
submitted on June 6, 1977, is disapproved. Rule 74 with the same title,
submitted on June 30, 1972 and approved under 40 CFR 52.223, is
retained.
(B) Rule 461, Gasoline Transfer and Dispensing, submitted November
4, 1977, is disapproved. The version of this rule submitted on April 21,
1977 (same number and title), which was previously approved in 40 CFR
52.223, is retained.
(iii) Antelope Valley APCD.
(A) Rule 461, Gasoline Transfer and Dispensing, submitted on May 13,
1999, is disapproved. The version of this rule submitted on January 31,
1996 (same title and number), which was previously approved in 40 CFR
52.220, is retained.
(4) Great Basin Valleys Intrastate Region.
(i) Great Basin Unified APCD.
[[Page 356]]
(A) Rule 418 submitted on November 4, 1977, is disapproved. Rule 418
submitted on April 21, 1976 remains in effect.
(B) Rule 419, Gasoline Loading into Stationary Tanks, submitted on
June 22, 1978, is disapproved, and rule 419, submitted April 21, 1976,
and previously approved in 40 CFR 52.223, is retained.
(c) The following rules and regulations are disapproved because they
represent a relaxation of promulgated EPA regulations, and an adequate
control strategy demonstration has not been submitted showing that the
relaxation would not interfere with the attainment and maintenance of
the national standrds for photochemical oxidants:
(1) Sacramento Valley Intrastate AQCR.
(i) Yolo-Solano APCD.
(A) Rules 2.21(b)(1), 2.21(b)(2), 2.21(b)(4), 2.21(b)(5) and
2.21(b)(6), submitted on June 6, 1977.
(d) Imperial County APCD Rule 415, Gasoline Loading from Tank Trucks
and Trailers, submitted by the State on November 4, 1977 is approved as
applicable to facilities installed after July 1, 1977. District Rule
125, Gasoline Loading into Tank Trucks and Trailers and Rule 129,
Gasoline loading into Tanks, submitted on February 21, 1972 and
previously approved under 40 CFR 52.223 are retained as part of the
State implementation plan, as applicable to facilities installed prior
to July 1, 1977.
(e) The emission reduction credits for the following control
measures contained in Ventura County's 1982 Ozone nonattainment area
plan, submitted by the Governor's designee on December 31, 1982, are
disapproved since the control measures are of an intermittent and
voluntary nature and are therefore not approvable under Sections
110(a)(2)(F)(v) and 123 of the Clean Air Act: R-38/N-16, ``No Use Day'';
R-39/N-17, ``No Drive Day''; R-40, ``No Spray Day''; R-41/N-18
``Stationary Source Curtailments.''
[38 FR 16564, June 22, 1973. Redesignated at 40 FR 3767, Jan. 24, 1975]
Editorial Note: For Federal Register citations affecting
Sec. 52.269, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
Sec. 52.270 Significant deterioration of air quality.
(a) With the exception of the areas listed in paragraph (b) of this
section:
(1) The requirements of Sections 160 through 165 of the Clean Air
Act are not met in California.
(2) The plan does not include approvable procedures for preventing
the significant deterioration of air quality.
(3) The provisions of Sec. 52.21 except paragraph (a)(1) are hereby
incorporated and made a part of the applicable State plan for the State
of California.
(b) District PSD Plans. (1) The PSD rules for Sacramento County Air
Pollution Control District are approved under Part C, Subpart 1, of the
Clean Air Act. However, EPA is retaining authority to apply Sec. 52.21
in certain cases. The provisions of Sec. 52.21 except paragraph (a)(1)
are therefore incorporated and made a part of the State plan for
California for the Sacramento County Air Pollution Control District for:
(i) Those cogeneration and resource recovery projects which are
major stationary sources or major modifications under Sec. 52.21 and
which would cause violations of PSD increments.
(ii) Those projects which are major stationary sources or major
modifications under Sec. 52.21 and which would either have stacks taller
than 65 meters or would use ``dispersion techniques'' as defined in
Sec. 51.1.
(iii) Sources for which EPA has issued permits under Sec. 52.21,
including the following permit and any others for which applications are
received by June 19, 1985.
Procter & Gamble, SAC 83-01, 5/6/83.
(2) The PSD rules for North Coast Unified Air Quality Management
District are approved under Part C, Subpart 1, of the Clean Air Act.
However, EPA is retaining authority to apply Sec. 52.21 in certain
cases. The provisions of Sec. 52.21 except paragraph (a)(1) are
therefore incorporated and made a part of the State plan for California
for the North Coast Unified Air Quality Management District for:
(i) Those cogeneration and resource recovery projects which are
major stationary sources or major modifications
[[Page 357]]
under Sec. 52.21 and which would cause violations of PSD increments.
(ii) Those projects which are major stationary sources of major
modifications under Sec. 52.21 and which would either have stacks taller
than 65 meters or would use ``dispersion techniques'' as defined in
Sec. 51.1.
(iii) Sources for which EPA has issued permits under Sec. 52.21,
including the following permits and any others for which applications
are received by July 31, 1985;
(A) Arcata Lumber Co. (NC 78-01; November 8, 1979),
(B) Northcoast Paving (NC 79-03; July 5, 1979),
(C) PG&E Buhne Pt. (NC 77-05).
(iv) Those projects which are major stationary sources or major
modifications for nitrogen oxides as precursors to ozone under
Sec. 52.21.
(3) The PSD rules for Mendocino County Air Pollution Control
District are approved under Part C, Subpart 1, of the Clean Air Act.
However, EPA is retaining authority to apply Sec. 52.21 in certain
cases. The provisions of Sec. 52.21 except paragraph (a)(1) are
therefore incorporated and made a part of the State plan for California
for the Mendocino County Air Pollution Control District for:
(i) Those cogeneration and resource recovery projects which are
major stationary sources or major modifications under Sec. 52.21 and
which would cause violations of PSD increments.
(ii) Those projects which are major stationary sources or major
modifications under Sec. 52.21 and which would either have stacks taller
than 65 meters or would use ``dispersion techniques'' as defined in
Sec. 51.1.
(iii) Any sources for which EPA has issued permits under Sec. 52.21,
including any permits for which applications are received by July 31,
1985.
(4) The PSD rules for Northern Sonoma County Air Pollution Control
District are approved under Part C, Subpart 1, of the Clean Air Act.
However, EPA is retaining authority to apply Sec. 52.21 in certain
cases. The provisions of Sec. 52.21 except paragraph (a)(1) are
therefore incorporated and made a part of the State plan for California
for the Northern Sonoma County Air Pollution Control District for:
(i) Those cogeneration and resource recovery projects which are
major stationary sources or major modifications under Sec. 52.21 and
which would cause violations of PSD increments.
(ii) Those projects which are major stationary sources or major
modifications under Sec. 52.21 and which would either have stacks taller
than 65 meters or would use ``dispersion techniques'' as defined in
Sec. 51.1.
(iii) Any sources for which EPA has issued permits under Sec. 52.21,
including any permits for which applications are received by July 31,
1985.
(5) Rule 2410, ``Prevention of Significant Deterioration,'' adopted
on June 16, 2011, for the San Joaquin Valley Unified Air Pollution
Control District (SJVUAPCD) is approved under Part C, Subpart 1, of the
Clean Air Act, based, in part, on the clarifications provided in a May
18, 2012 letter from the San Joaquin Valley Unified Air Pollution
Control District described in Sec. 52.220(c)(415). For PSD permits
previously issued by EPA pursuant to Sec. 52.21 to sources located in
the SJVUAPCD, this approval includes the authority for the SJVUAPCD to
conduct general administration of these existing permits, authority to
process and issue any and all subsequent permit actions relating to such
permits, and authority to enforce such permits, except for:
(i) Those specific sources within the SJVUAPCD that have submitted
PSD permit applications to EPA and for which EPA has issued a proposed
PSD permit decision, but for which final agency action and/or the
exhaustion of all administrative and judicial appeals processes
(including any associated remand actions) have not yet been concluded or
completed by November 26, 2012. The SJVUAPCD will assume full
responsibility for the administration and implementation of such PSD
permits immediately upon notification from EPA to the SJVUAPCD that any
and all administrative and judicial appeals processes (and any
associated remand actions) have been completed or concluded for any such
permit decision. Prior to the date of such notification, EPA is
retaining authority to apply Sec. 52.21 for such permit decisions, and
[[Page 358]]
the provisions of Sec. 52.21, except paragraph (a)(1), are therefore
incorporated and made a part of the State plan for California for the
SJVUAPCD for such permit decisions during the identified time period.
(ii) [Reserved]
(6) The PSD program for the Placer County Air Pollution Control
District (PCAPCD), as incorporated by reference in Sec. 52.220(c)(391),
is approved under part C, Subpart 1, of the Clean Air Act. For PSD
permits previously issued by EPA pursuant to Sec. 52.21 to sources
located in the PCAPCD, this approval includes the authority for the
PCAPCD to conduct general administration of these existing permits,
authority to process and issue any and all subsequent permit actions
relating to such permits, and authority to enforce such permits.
(7) The PSD program for the Imperial County Air Pollution Control
District, as incorporated by reference in Sec. 52.220(c)(411), is
approved under part C, Subpart 1, of the Clean Air Act.
(8) The PSD program for the Eastern Kern Air Pollution Control
District (EKAPCD), as incorporated by reference in Sec. 52.220(c)(419),
is approved under part C, Subpart 1, of the Clean Air Act. For PSD
permits previously issued by EPA pursuant to Sec. 52.21 to sources
located in the EKAPCD, this approval includes the authority for the
EKAPCD to conduct general administration of these existing permits,
authority to process and issue any and all subsequent permit actions
relating to such permits, and authority to enforce such permits.
(9) The PSD program for the Yolo-Solano Air Quality Management
District, as incorporated by reference in Sec. 52.220(c)(420), is
approved under part C, Subpart 1, of the Clean Air Act.
(10) The PSD program for greenhouse gases (GHGs) in Rule 1714 for
the South Coast Air Quality Management District (SCAQMD), as
incorporated by reference in Sec. 52.220(c)(421), is approved under part
C, Subpart 1, of the Clean Air Act. This approval is limited to sources
subject to the PSD program for GHGs. The provisions of Sec. 52.21
(except paragraph (a)(1)) continue to apply to the SCAQMD for all
pollutants subject to regulation, as defined in Sec. 52.21, except for
GHGs.
[50 FR 25419, June 19, 1985, as amended at 50 FR 30943, July 31, 1985;
68 FR 11322, Mar. 10, 2003; 68 FR 74488, Dec. 24, 2003; 76 FR 48008,
Aug. 8, 2011; 77 FR 65310, Oct. 26, 2012; 77 FR 73322, Dec. 10, 2012; 77
FR 73320, Dec. 10, 2012]
Sec. 52.271 Malfunction, startup, and shutdown regulations.
(a) The following regulations are disapproved because they would
permit the exemption of sources from the applicable emission limitations
and therefore do not satisfy the enforcement imperatives of section 110
of the Clean Air Act.
(1) Amador County APCD.
(i) Rule 404, submitted on April 21, 1976.
(ii) Rule 4f, submitted on June 30, 1972, and previously approved
under 40 CFR 52.223 (37 FR 19812).
(2) Bay Area APCD.
(i) Regulation 2, Section 3212, and Regulation 3, Section 3203,
submitted on April 21, 1976.
(ii) Regulation 2, Section 3212, submitted on February 21, 1972, and
previously approved under 40 CFR 52.223 (37 FR 10842).
(3) Calaveras County APCD.
(i) Rules 110 and 402(f), submitted on July 25, 1973.
(ii) Rule 404, submitted on October 13, 1977.
(4) Colusa County APCD.
(i) Rule 4.4g, submitted on July 25, 1973, and Rule 4.4g, submitted
on June 30, 1972, and previously approved under 40 CFR 52.223 (37 FR
19812).
(5) Del Norte County APCD.
(i) Rule 540, submitted on November 10, 1976.
(ii) Rule 45, submitted on February 21, 1972, and previously
approved under 40 CFR 52.223 (37 FR 10842).
(6) Fresno County APCD.
(i) Rule 110, submitted on June 30, 1972, and previously approved
under 40 CFR 52.223.
(ii) Rules 110 and 402(f), submitted on October 23, 1974.
(7) Glenn County APCD.
(i) Rules 95.2 and 95.3, submitted on January 10, 1975.
(8) Great Basin Unified APCD.
(i) Rule 403, submitted on June 6, 1977.
[[Page 359]]
(ii) Rule 617, submitted on November 4, 1977.
(9) Humboldt County APCD.
(i) Rule 540, Submitted on November, 10, 1976.
(ii) Rule 59, Submitted on February 21, 1972 and previously approved
under 40 CFR 52.223 (37 FR 10842).
Editorial Note: At 46 FR 27118, May 18, 1981, the following
paragraph (a)(9) was added to Sec. 52.271.
(9) Monterey Bay Unified APCD.
(i) Rule 214, submitted on March 4, 1980.
(ii) Rule 617, submitted on May 23, 1979.
(10) Kern County APCD.
(i) Rule 111, submitted on July 19, 1974.
(11) Kings County APDC.
(i) Rule 111, submitted on July 25, 1973, and Rule 111, submitted on
July 30, 1972, and previously approved under 40 CFR 52.223.
(ii) Rule 111, submitted on November 4, 1977.
(12) Lake County APCD.
(i) Chapter III, Article I, Section 500, and Article II, Sections
510 and 511, submitted on February 10, 1977.
(ii) Part VI, Sections 1 and 2, submitted on June 30, 1972, and
previously approved under 40 CFR 52.223.
(13) Los Angeles County APCD.
(i) Rule 430, submitted on June 6, 1977.
(14) Madera County APCD.
(i) Rule 402(f), submitted on January 10, 1975, and Rule 110,
submitted on June 30, 1972, and previously approved under 40 CFR 52.223.
(ii) Rule 110, submitted on January 10, 1975.
(15) Mariposa County APCD.
(i) Rule 203(j), submitted on January 10, 1975, and Rule 4.3(g),
submitted on February 21, 1972, and previously approved under 40 CFR
52.223.
(ii) Rule 404, submitted on June 6, 1977.
(16) Mendocino County APCD.
(i) Rule 540, submitted on November 10, 1976.
(ii) Sections 1 and 2 of Part VI, submitted on February 21, 1972,
and previously approved under 40 CFR 52.223 (37 FR 10842).
(17) Merced County APCD.
(i) Rule 109, submitted on August 2, 1976.
(ii) Rule 109, submitted on June 30, 1972, and previously approved
under 40 CFR 52.223 (37 FR 19812).
(18) Nevada County APCD.
(i) Rule 55(f), submitted on February 21, 1972, and previously
approved under 40 CFR 52.223 (37 FR 10842).
(19) Northern Sonoma County APCD.
(i) Rule 540, submitted on November 10, 1976.
(20) Placer County APCD.
(i) Rule 55(f), submitted on February 21, 1972, and previously
approved under 40 CFR 52.223 (37 FR 10842).
(ii) Rule 404, submitted on October 13, 1977.
(21) Plumas County APCD.
(i) Rule 203(j), submitted on January 10, 1975.
(ii) Rule 404, submitted on June 6, 1977.
(22) Riverside County APCD.
(i) Rule 430, submitted on June 6, 1977.
(23) San Bernardino County APCD.
(i) Rule 430, submitted on June 6, 1977.
(ii) Rule 55, submitted on February 21, 1972, and previously
approved under 40 CFR 52.223 (37 FR 10842).
(24) San Joaquin County APCD.
(i) Rule 110, submitted on October 23, 1974, and Rule 110, submitted
on June 30, 1972, and previously approved under 40 CFR 52.223 (37 FR
19812).
(25) San Luis Obispo County APCD.
(i) Rule 107, submitted on November 10, 1976.
(ii) Rule 102, submitted on February 21, 1972, and previously
approved under 40 CFR 52.223 (37 FR 10842).
(26) Shasta County APCD.
(i) Rule 3:10, submitted on July 19, 1974.
(ii) Rule 3:10, submitted on June 30, 1972, and previously approved
under 40 CFR 52.223 (37 FR 19812).
(27) Sierra County APCD.
(i) Rule 51, submitted on June 30, 1972, and previously approved
under 40 CFR 52.223 (37 FR 19812), and Rule 203(j), submitted on January
10, 1975, and previously approved under 40 CFR 52.223 (42 FR 23805).
(ii) Rule 404, submitted on June 6, 1977.
(28) Southern California APCD.
[[Page 360]]
(i) Rule 430, submitted on February 10, 1977.
(29) Stanislaus County APCD.
(i) Rule 110, submitted on June 30, 1972, and previously approved
under 40 CFR 52.223 (37 FR 19812), and Rule 110, submitted on July 19,
1974.
(30) Tehama County APCD.
(i) Rule 417, submitted on July 19, 1974.
(ii) Rule 4:1g, submitted on June 30, 1972, and previously approved
under 40 CFR 52.223 (37 FR 19812).
(31) Trinity County APCD.
(i) Rule 540, submitted on November 10, 1976.
(ii) Rule 44, submitted on June 30, 1972, and previously approved
under 40 CFR 52.223 (37 FR 19812).
(32) Tulare County APCD.
(i) Rules 111 and 402(f), submitted on November 10, 1976.
(33) Tuolumne County APCD.
(i) Rule 404, submitted on February 10, 1977, and Rule 402(f),
submitted on June 30, 1972, and previously approved under 40 CFR 52.223.
(34) Ventura County APCD.
(i) Rule 32, submitted on July 19, 1974.
(ii) Rule 32, submitted on June 30, 1972, and previously approved
under 40 CFR 52.223 (37 FR 19812).
(35) Yuba County APCD.
(i) Rule 4.5, submitted on July 25, 1973.
(b) The following regulations are disapproved since they lack
explicit provisions to assure that that NAAQS will not be exceeded while
equipment breakdown periods are in effect.
(1) Fresno County APCD.
(i) Rules 110(B), Variance Required, and 519, Emergency Variance,
submitted on January 2, 1979.
(2) Kern County APCD.
(i) Rules 111 (b), Equipment Breakdown, and 519, Emergency Variance,
submitted on January 2, 1979.
(3) Modoc County APCD.
(i) Rule 2:15, Breakdown Conditions; Emergency Variances, submitted
on May 7, 1979.
(4) Imperial County APCD.
(i) Rule 111 (B), Equipment Breakdown, submitted on December 24,
1979.
(ii) Rule 517, Emergency Variance, submitted on December 24, 1979.
(5) Butte County AQMD.
(i) Rule 275, Reporting Procedures for Excess Emissions, submitted
on May 10, 1996.
(6) Shasta County AQMD.
(i) Rule 3:10, Excess Emissions, submitted on May 10, 1996.
(7) Monterey Bay Unified Air Pollution Control District.
(i) Rule 214, Breakdown Condition, submitted on October 30, 2001.
(c) The following regulations are disapproved because they exempt
sources from applicable emissions limitations during malfunctions and/or
fail to sufficiently limit startup and shutdown exemptions to those
periods where it is technically infeasible to meet emissions
limitations.
(1) South Coast Air Quality Management District.
(i) Rule 429, submitted on January 28, 1992.
(d) The following regulations are disapproved because they merely
describe how state agencies intend to apply their enforcement discretion
and thus, if approved, the regulations would have no effect on the State
Implementation Plan.
(1) Antelope Valley AQMD.
(i) Rule 430, Breakdown Provisions, submitted on February 16, 1999.
(2) Kern County APCD.
(i) Rule 111, Equipment Breakdown, submitted on July 23, 1996.
(3) Mojave Desert AQMD.
(i) Rule 430, Breakdown Provisions, submitted on January 24, 1995.
[43 FR 3277, Jan. 24, 1978]
Editorial Note: For Federal Register citations affecting
Sec. 52.271, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
Sec. 52.272 Research operations exemptions.
(a) The requirements of Sec. 51.281 of this chapter are not met
because the following regulations allow exemptions to be granted from
the applicable emission limitations, thereby potentially rendering the
applicable limitations unenforceable. Furthermore, the regulations are
inconsistent with the Clean Air Act, because the regulations could
permit violations of the National Ambient Air Quality Standards under
[[Page 361]]
some circumstances. Therefore, the following regulations are
disapproved:
(1) Bay Area APCD.
(i) Regulation 2, Division 1, sections 1214 to 1214.3, submitted on
July 25, 1973.
(ii) Regulation 3, Division 1, sections 1205 to 1205.3, submitted on
July 25, 1973.
(2) El Dorado County APCD.
(i) Rule 203(D), submitted on November 4, 1977.
(3) Great Basin Unified APCD.
(i) Rule 423, submitted on November 4, 1977.
(4) Los Angeles County APCD.
(i) Rule 441, submitted on June 6, 1977.
(5) Placer County APCD.
(i) Rule 203(D), submitted on October 13, 1977.
(6) Riverside County APCD.
(i) Rule 441, submitted on June 6, 1977.
(7) Sacramento County APCD.
(i) Rule 30, submitted on January 22, 1974.
(8) San Bernardino County APCD.
(i) Rule 441, submitted on June 6, 1977.
(9) Southern California APCD.
(i) Rule 441, submitted on August 2, 1976.
[42 FR 42226, Aug. 22, 1977]
Editorial Note: For Federal Register citations affecting
Sec. 52.272, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
Sec. 52.273 Open burning.
(a) The following rules or portions of rules are disapproved because
they contain exemptions to open burning (including open agricultural
burning) prohibitions, that do not satisfy the requirements of section
110 of the Clean Air Act:
(1) Amador County APCD.
(i) Rules 308 and 312, submitted on April 21, 1976.
(ii) Rule 304, submitted on October 13, 1977.
(iii) Rules 302(G) and 322, submitted on October 15, 1979.
(2) Calaveras County APCD.
(i) Rules 304 and 322, submitted on October 13, 1977.
(3) Del Norte County APCD.
(i) Rule 410(c)(2) and the following portions of Regulation 2:
General prohibitions (all of page 1), paragraph (f) of Article I,
paragraphs (f) and (g) of Article V, and paragraph (f) of Article VI,
submitted on November 10, 1976.
(4) El Dorado County APCD.
(i) Rules 302(C), 304, 307, 319, and 322, submitted on November 4,
1977.
(ii) Rules 302 (C), 318, and 321, submitted on May 23, 1979.
(5) Fresno County APCD.
(i) Rules 416.1(e)(1), (e)(3), and (e)(4), submitted on October 23,
1974.
(ii) Rule 416.1(c)(1), submitted on June 30, 1972, and previously
approved under 40 CFR 52.223 (37 FR 19812).
(6) Humboldt County APCD.
(i) Rule 410(c)(2) and the following portions of Regulation 2:
General prohibitions (all of page 1), paragraph (f) of Article I,
paragraphs (f) and (g) of Article V, and paragraph (f) of Article VI,
submitted on November 10, 1976.
(ii) (A)-(C) [Reserved]
(D) Rules 312 (B) and (C), and 401 (D.1) and (D.2).
(7) Kern County APCD.
(i) Rule 417(I)(A), submitted on November 10, 1976.
(8) Madera County APCD.
(i) Rules 416.1(e)(1), (e)(3), and (e)(4), submitted on January 10,
1975.
(ii) Rule 416.1(c)(1), submitted on June 30, 1972, and previously
approved under 40 CFR 52.223 (37 FR 19812).
(9) Mariposa County APCD.
(i) Rules 302(C), 304, 319, and 322, submitted on June 6, 1977.
(10) Mendocino County APCD.
(i) Rule 410(c)(2) and the following portions of Regulation 2:
General prohibitions (all of page 1), paragraph (f) of Article I,
paragraphs (f) and (g) of Article V, and paragraph (f) of Article VI,
submitted on November 10, 1976.
(11) Merced County APCD.
(i) Rule 416(h), submitted on August 2, 1976.
(ii) Rules 416.1(III)(A), (V)(A), (V)(B), (V)(C), and (V)(D),
submitted on August 2, 1976. (Rule 416.1(c)(2), submitted on June 30,
1972, and previously approved, is retained. Rule 416.1(a)(1), submitted
on June 30, 1972, and previously approved, is retained for the purpose
of enforcing Rule 416.1(c)(2).)
(12) Monterey Bay Unified APCD.
[[Page 362]]
(i) Rules 409(a), 409(a)(5), and 410(b)(1), submitted on January 10,
1975.
(13) Nevada County APCD.
(i) Rules 302(C), 307, 314, and 322, submitted on April 10, 1975.
(ii) Rules 304 and 319, submitted on June 6, 1977.
(iii) Rule 307, submitted on October 15, 1979.
(14) Northern Sonoma County APCD.
(i) Rule 410(c)(2) and the following portions of Regulation 2:
General prohibitions (all of page 1), paragraph (f) of Article I,
paragraphs (f) and (g) of Article V, and paragraph (f) of Article VI,
submitted on November 10, 1976.
(15) Placer County APCD.
(i) Rules 302(C), 302(G), 304, 307, 314, 319, and 322, submitted on
October 13, 1977.
(ii) Rules 303, 306, and 322, submitted on October 15, 1979.
(16) Plumas County APCD.
(i) Rule 314, submitted on January 10, 1975.
(ii) Rules 302(C), 304, 307, 319, and 322, submitted on June 6,
1977.
(17) Sacramento County APCD.
(i) Rule 96(a), submitted on November 10, 1976.
(ii) Rule 96(a), submitted on November 4, 1977.
(18) San Joaquin County APCD.
(i) Rule 402(e), submitted on November 10, 1976.
(ii) Rule 416.1(c)(1), submitted on June 30, 1972, and previously
approved under 40 CFR 52.223 (37 FR 19812).
(iii) Rules 416.1(D)(1) and (D)(2), submitted on October 23, 1974.
(19) Santa Barbara County APCD.
(i) Rules 40(4)(a) and 40(4)(1), submitted on July 25, 1973. (The
analogous Rules 40(4)(a) and 40(4)(g), previously approved in the
February 21, 1972 submittal, are retained.) Rule 40(4)(c), submitted on
July 25, 1973, is also disapproved.
(ii) Rule 22, submitted on January 22, 1974. (The analogous Rule 22,
previously approved in the February 21, 1972 submittal, is retained.)
Rules 24.1 and 24.2, submitted on January 22, 1974, are also
disapproved.
(20) Shasta County APCD.
(i) Rule 2:6, sections (1)(b)(iii) (a, b, and d), (1)(c)(viii),
2(c), 3(f), 4(e), 5(c), and 5(d). (Previously approved Rule 2:6,
sections (2)(c), (3)(f), and (4)(e), submitted on July 19, 1974, are
retained.)
(21) Sierra County APCD.
(i) Rules 302(C), 319, and 322, submitted on June 6, 1977.
(22) Trinity County APCD.
(i) Rule 410(c)(2) and the following portions of Regulation 2:
General prohibitions (all of page 1), paragraph (f) of Article I,
paragraphs (f) and (g) of Article V, and paragraph (f) of Article VI,
submitted on November 10, 1976.
(23) Tulare County APCD.
(i) Rule 402(e), submitted on November 10, 1976.
(ii) Section 417(III)(A), submitted on June 30, 1972, and previously
approved under 40 CFR 52.223 (37 FR 19812).
(iii) Section 417.1(e)(1), (e)(3), and (e)(4), submitted on January
10, 1975.
(24) Tuolumne County APCD.
(i) Rule 322, submitted on February 10, 1977.
(25) Yolo-Solano APCD.
(i) Rules 2.8(c) (4) and (5), 6.3, and 6.5(a), submitted on July 25,
1973.
(ii) Rules 6.1(a), (e)(6), and (g), submitted on January 10, 1975.
(Rules 4.1 (a) and (g), submitted on February 21, 1972, and previously
approved under 40 CFR 52.223, are retained.)
(b) The following rules or portions of rules are disapproved because
they relax the control on open burning (including agricultural burning)
without accompanying analyses demonstrating that these relaxations will
not interfere with the attainment and maintenance of the National
Ambient Air Quality Standards:
(1) Del Norte County APCD.
(i) Regulation 2, Article I, paragraph (e), submitted on November
10, 1976.
(ii) Rule 410(c)(2), submitted on May 7, 1979.
(2) Fresno County APCD.
(i) Rule 416.1(c)(1), submitted on October 23, 1974.
(ii) Rule 416.1(g), submitted on November 4, 1977.
(3) Humboldt County APCD.
(i) Regulation 2, Article I, paragraph (e), submitted on November
10, 1976.
(ii) Rule 410(c)(2), submitted on May 7, 1979.
(4) Imperial County APCD.
(i) Rule 422, submitted on November 4, 1977. (The requirements of
Rule 115, submitted on February 21, 1972, and
[[Page 363]]
previously approved under 40 CFR 52.223, are retained as applicable to
the burning of wood waste.)
(ii) Regulation VII (Rules 701 to 706), submitted on November 4,
1977. (Regulation VII (Rules 200 to 206), submitted on July 25, 1973 and
previously approved under 40 CFR 52.223, is retained.)
(5) Kings County APCD.
(i) Rules 416.1 and 417.1, submitted on November 4, 1977.
(6) Lake County APCD.
(i) Sections 435, 436, 1003, and 1200(A), submitted on February 10,
1977.
(ii) Section 435, submitted on January 2, 1979.
(7) Los Angeles County APCD.
(i) Rule 444, submitted on June 6, 1977. (Rules 57.1, 57.2, 57.3,
and 57.4, submitted on June 30, 1972, and previously approved under 40
CFR 52.223, are retained.)
(8) Madera County APCD.
(i) Rule 416.1(c)(1), submitted on January 10, 1975.
(9) Mendocino County APCD.
(i) Regulation 2, Article I, paragraph (e), submitted on November
10, 1976.
(ii) Rule 410(c)(2), submitted on May 7, 1979.
(10) Merced County APCD.
(i) Rule 416.1(I)(A)(2), submitted on August 2, 1976.
(11) Northern Sonoma County APCD.
(i) Regulation 2, Article I, paragraph (e), submitted on November
10, 1976.
(ii) Rule 410(c)(2), submitted on May 7, 1979.
(12) San Bernardino County Desert APCD.
(i) Rule 444 and the definition of ``Agricultural Burning'' in Rule
102, submitted on November 4, 1977. (Rule 57, submitted on February 21,
1972, and previously approved under 40 CFR 52.223, is retained.)
(13) San Diego County APCD.
(i) Rules 102(e) and 103(g), submitted on October 13, 1977.
(14) San Luis Obispo County APCD.
(i) Rule 501(B), submitted on November 10, 1976, and Rule 501(A)(7),
submitted on November 4, 1977. (Previously approved Rule 115(2),
submitted on February 21, 1972, is retained.)
(15) Santa Barbara County APCD.
(i) Rules 2(b), 40(3), and 40(4)(e), submitted on July 25, 1973.
(Analogous Rules 2(b), 40(3), and 40(4)(c), submitted on February 21,
1972, and previously approved, are retained.)
(16) Shasta County APCD.
(i) Rule 2:8, submitted on October 13, 1977. (Rule 2:8, submitted on
July 19, 1974, and July 22, 1975, and previously approved, is retained.)
(17) Siskiyou County APCD.
(i) Rule 4.3(2), submitted on January 2, 1979.
(18) Trinity County APCD.
(i) Regulation 2, Article I, paragraph (e), submitted on November
10, 1976.
(ii) Rule 410(c)(2), submitted on May 7, 1979.
(19) Placer County APCD.
(i) Rule 316, submitted on August 21, 1979.
(ii) Rules 318 and 323, submitted on October 15, 1979.
[42 FR 41122, Aug. 15, 1977]
Editorial Note: For Federal Register citations affecting
Sec. 52.273, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
Sec. 52.274 California air pollution emergency plan.
(a) Since the California Air Pollution Emergency Plan does not
provide complete, implementable provisions for taking emission control
actions necessary to prevent ambient pollutant concentrations from
reaching significant harm levels, the requirements of subpart H of this
chapter for Priority I and II areas are not met, except in the following
areas:
(1) South Coast Air Quality Management District (SCAQMD).
(2) Sacramento County Air Pollution Control District.
(3) Monterey Bay Unified APCD (MBUAPCD).
(4) Santa Barbara Air Quality Management Area portion of the Santa
Barbara County Air Pollution Control District.
(5) Bay Area Air Quality Management District.
(6) Ventura County Air Pollution Control District.
(7) San Diego County APCD.
(8) Los Angeles County Air Pollution Control District.
(9) Riverside County Air Pollution Control District.
[[Page 364]]
(10) San Bernardino County Desert Air Pollution Control District.
(11) Imperial County Air Pollution Control District.
(12) Fresno County Air Pollution Control District.
(13) Kern County Air Pollution Control District.
(b) The requirements of subpart H of this chapter are met in the
SCAQMD with the following exceptions: SCAQMD Regulation VII has no
schedule to assure that the emission control actions are fully
implementable; does not provide specific emission control actions for
interdistrict coordination; has no provisions for nitrogen dioxide,
particulate matter, and sulfur dioxide and particulate matter combined
episodes; has no criteria or provisions to protect the eight-hour
averaged carbon monoxide significant harm level; and has no provisions
for implementation of abatement plans for stage 2 or 3 carbon monoxide
or oxidant episodes that are attained without being predicted.
(c) Regulation for prevention of air pollution emergency episodes--
plan scheduling, interdistrict coordination, episode criteria, and
declaration.
(1) The requirements of this paragraph are applicable in the SCAQMD.
(2) The owner or operator of any governmental, industrial, business,
or commercial activity listed in Rules 708.1 and 708.3 of Regulation VII
of the SCAQMD, as revised on May 6, 1977, shall submit a Stationary
Source Curtailment Plan and/or Traffic Abatement Plan to the
Administrator within sixty days after the effective date of this
paragraph.
(3) The plans submitted pursuant to the requirements of this
paragraph, shall be reviewed by the Administrator for approval or
disapproval according to the following schedule:
(i) For sources with emissions of hydrocarbons (HC) or nitrogen
oxides (NOX) greater than or equal to 454 metric tons (500
tons) per year, or for establishments employing 400 or more employees
per shift, within 45 days after receipt.
(ii) For sources with emissions of HC or NOX greater than
or equal to 91 metric tons (100 tons) per year and less than 454 metric
tons (500 tons) per year, or for establishments employing more than 200
and less than 400 employees per shift, within 90 days after receipt.
(iii) For sources or establishments other than those addressed in
paragraphs (c)(3) (i) through (ii) of this section, within 180 days
after receipt.
(4) The owner or operator of an industrial, business, governmental
or commercial establishment required to submit a plan by this paragraph
shall be notified by the Administrator within thirty days after the plan
has been evaluated if the plan is disapproved. Any plan disapproved by
the Administrator shall be modified to overcome the disapproval and
resubmitted to the Administrator within 30 days of the receipt of the
notice of disapproval.
(5) In the event specific sources or source areas within the SCAQMD
are determined to significantly contribute to a declared air pollution
episode in a nearby Air Pollution Control District, emission control
actions specified in Regulation VII of the SCAQMD, as revised on May 6,
1977, for that declared episode stage shall be taken in the SCAQMD to
abate that episode.
(6) For the purposes of this paragraph, the following episode
criteria shall apply to carbon monoxide concentrations averaged over
eight hours:
(i) For stage 1, 15 parts per million.
(ii) For stage 2, 30 parts per million.
(iii) For stage 3, 40 parts per million.
(7) The provisions of SCAQMD Regulation VII, as revised on May 6,
1977, relating to carbon monoxide episodes averaged over 12 hours shall
apply to carbon monoxide episodes averaged over 8 hours except that the
Administrator shall provide for declaration, notification, source
inspections, and termination of the episodes.
(8) Whenever the Administrator has determined that the stage 2 or 3
episode level for oxidant or carbon monoxide as specified in Rule 703 of
Regulation VII of the SCAQMD, as amended May 6, 1977, is being attained
or has been attained, and is predicted to remain at such level for 12 or
more hours, or increase, or in the case of oxidant to reoccur within the
next 24 hours, unless control actions are taken, the existence of the
appropriate episode level and the location of the source-receptor areas
shall be declared, and the actions specified in Rules 710(b)(1),
710(b)(2),
[[Page 365]]
711(b)(1), or 711(b)(2) shall be taken by the Administrator.
(d) Regulation for prevention of air pollution emergency episodes--
nitrogen dioxide, particulate matter, and sulfur dioxide and particulate
matter combined.
(1) The requirements of this paragraph are applicable in the SCAQMD.
(2) For the purposes of this regulation the following definitions
apply:
(i) ``Ppm'' means parts per million by volume.
(ii) ``COH'' means coefficient of haze.
(iii) ``Ugm\3\'' means micrograms per cubic meter.
(iv) ``Administrator'' means the Administrator of the Environmental
Protection Agency or his authorized representative.
(v) ``Major National Holiday'' means a holiday such as Christmas,
New Year's Day, or Independence Day.
(vi) ``Source/Receptor Areas'' are defined for each episode
occurrence based on air monitoring, geographical, and meteorological
factors: Source area is that area in which contaminants are discharged
and a receptor area is that area in which the contaminants accumulate
and are measured.
(vii) ``Air Contaminants'' means nitrogen dioxide, particulate
matter, and/or sulfur dioxide and particulate matter combined.
(3) For the purposes of this regulation, the following episode
criteria shall apply:
----------------------------------------------------------------------------------------------------------------
Averaging
Contaminants time Stage 1 Stage 2 Stage 3
(hours)
----------------------------------------------------------------------------------------------------------------
Nitrogen dioxide.................. 1 0.6 ppm............. 1.2 ppm............. 1.6 ppm.
24 0.15 ppm............ 0.3 ppm............. 0.4 ppm.
Particulate matter................ 24 3.0 COH............. 5.0 COH............. 7.0 COH.
24 375 ugm-3........... 625 ugm-3........... 875 ugm-3.
Sulfur dioxide and particulate 24 0.2\1\.............. 0.8\1\.............. 1.2\1\.
matter combined.
24 65,000\2\........... 261,000\2\.......... 393,000\2\.
----------------------------------------------------------------------------------------------------------------
\1\ Product of sulfur dioxide (ppm) and particulate matter (COH).
\2\ Product of sulfur dioxide (ugm-3 ) and particulate matter (ugm-3 ).
(4) Whenever the Administrator has determined that any episode level
specified in paragraph (d)(3) of this section is being attained or has
been attained, and is predicted to remain at such level for 12 or more
hours, or increase, unless control actions are taken, the existence of
the appropriate episode level and the location of the source-receptor
areas shall be declared.
(5) Whenever the available scientific and meteorological data
indicate that any episode level declared by paragraph (d)(4) of this
section is no longer occurring and is not predicted to immediately
increase again to episode levels, such episode shall be declared
terminated.
(6) The following shall be notified by the Administrator whenever an
episode is predicted, attained or terminated: (i) Public officials; (ii)
persons operating any facility or activity named in paragraph (d)(8) of
this section; (iii) public health, safety, and emergency agencies; (iv)
news media.
(7) Upon request of the Administrator, persons operating any
facility or activity named in paragraph (d)(8) of this section shall
install, properly maintain, and operate radio-receiving equipment with
decoding device capable of receiving broadcasts of the declaration and
termination of episodes required under this paragraph and instructions
as to the actions to be taken.
(8) Stationary source curtailment plans and traffic abatement plans
shall be prepared by industrial, business, commercial, and governmental
establishments as follows:
(i) The owner or operator of any industrial, business, commercial,
or governmental activity listed below shall submit to the Administrator
plans to curtail operations causing stationary source air contaminants
in such activity:
(A) Petroleum refinery emitting 23 metric tons (25 tons) or more per
year of air contaminants.
[[Page 366]]
(B) Metal-melting plant requiring molten metal temperatures in
excess of 540 deg.C (1,000 deg.F) or metal-refining plant or metal-
smelting plant, in which a total of 1,135 kilograms (2,500 pounds) or
more of metal are in a molten state at any one time or are poured in any
1 hour.
(C) Fossil fuel-fired electric generating facility having a total
rated capacity of 50 megawatts or more.
(D) Any facility or plant emitting 91 metric tons (100 tons) or more
per year of air contaminants.
(ii) The plans required by paragraph (d)(8)(i) of this section shall
include the following:
(A) A list of equipment which emits nitrogen oxides, particulate
matter, and/or sulfur dioxide, including the SCAQMD permit number, the
daily amount of air contaminants emitted, and a statement of the minimum
time and recommended time to implement the abatement actions for each
episode stage for the equipment listed and the percent reduction in
emissions at each episode stage.
(B) The total number of employees at the facility during each shift
on a normal weekday and on a major national holiday.
(C) The normal amount of electricity used on a normal weekday and on
a major national holiday.
(D) The actions to inform employees of the procedures to be taken in
the event of an episode declaration.
(E) The name and telephone numbers of the facility's episode action
coordinator and alternate, who are responsible for implementation of the
plan.
(F) For stage 1 episodes:
(1) The measures to voluntarily curtail equipment emitting air
contaminants.
(2) The measures to curtail or postpone electrically intensive
industrial operations, where feasible.
(3) The measures for electric utilities to import power from outside
the basin to the extent feasible.
(G) For stage 2 episodes:
(1) The measures to curtail as much as possible, without upsetting
production, equipment operations which emit air contaminants.
(2) The measures to postpone operations which can be postponed until
after the episode.
(3) For fossil fuel-fired combustion sources, including electric
utilities, with a heat input greater than 50 million BTU per hour:
(i) The measures to burn natural gas.
(ii) To the extent that natural gas is not available, the measures
to burn fuel oil with a sulfur content of not more than 0.25 percent by
weight or the measures to reduce air contaminant emissions to equivalent
discharge. Any combustion source may be exempt from the provisions of
this paragraph upon demonstration that fuel oil with the specified
sulfur content is not available.
(4) For electric utilities the measures, in addition to those in
paragraph (d)(8)(ii)(F)(3) of this section, to:
(i) Shift oil burning power generation to non-source areas to the
maximum extent consistent with the public health, safety, and welfare.
(ii) Shift oil burning power generation to combined cycle gas
turbine generating equipment burning fuel oil containing less than 0.15
percent sulfur to the maximum extent consistent with the public health,
safety, and welfare.
(5) For refineries and chemical plants the measures to be taken to
reduce air contaminant emissions by 20 percent without jeopardizing the
public health or safety, without causing an increase in the emissions of
other air contaminants, withoutdamaging the equipment or without
reducing production by more than 20 percent.
(6) The measures in paragraph (d)(8)(ii)(F) of this section.
(H) For stage 3 nitrogen dioxide episodes:
(1) The measures for petroleum refineries to reduce emissions of
nitrogen dioxide by 33 percent, without damaging the equipment or
increasing the emissions of other air contaminants.
(2) The measures in paragraph (d)(8)(ii)(G) of this section.
(3) A list of equipment and the permit numbers of such equipment not
operated on a major national holiday.
(4) A statement as to whether or not the facility operates on a
major national holiday.
[[Page 367]]
(I) For stage 3 particulate matter episodes:
(1) The measures for petroleum refineries to reduce emissions of
particulate matter by 33 percent, without damaging the equipment or
increasing the emissions of other air contaminants.
(2) The measures described in paragraph (d)(8)(ii)(G) of this
section.
(3) The measures for any facility or plant, except electrical
generating facilities and petroleum refineries, normally emitting 91
metric tons (100 tons) or more per year of particulate matter to
eliminate such emissions by starting no new batches, by ceasing feed of
new materials, and by phasing down as rapidly as possible without damage
to the equipment.
(4) The measures for metal melting, refining, or smelting plants to
eliminate emissions of particulate matter by starting no new batches, by
ceasing feed of new materials, and by phasing down as rapidly as
possible without damage to the equipmen
(J) For stage 3 sulfur dioxide and particulate matter combined
episodes:
(1) The measures described in paragraphs (d)(8)(ii) (G) and (I) of
this section.
(2) The measures for petroleum refineries to reduce emissions of
sulfur dioxide by 33 percent, without damaging the equipment or
increasing the emissions of other air contaminants.
(3) The measures for any facility or plant, except electrical
generating facilities and petroleum refineries, normally emitting 91
metric tons (100 tons) or more per year of sulfur dioxide to eliminate
such emissions by starting no new batches, by ceasing feed of new
materials, and by phasing down as rapidly as possible without damage to
the equipment.
(K) An estimate of the resultant reduction in air contaminant
emissions.
(iii) The owner or operator of any industrial, business, commercial,
or governmental activity listed below shall submit to the Administrator
plans to curtail or cease operations causing air contaminants from
vehicle use:
(A) Operators of 50 or more fleet vehicles.
(B) Industrial, business, commercial, or governmental establishments
employing more than 100 persons per shift at one business address.
(iv) The plans required by paragraph (d)(8)(iii) of this paragraph
shall include the following:
(A) The total number of employees at the facility during each shift
on a normal weekday and on a major national holiday.
(B) The number of motor vehicles and vehicle miles traveled for
motor vehicles operated:
(1) By the company on company business on a normal weekday and on a
major national holiday.
(2) By employees commuting from home to the place of business on a
normal weekday and on a major national holiday.
(C) The number of parking spaces used on a normal weekday and on a
major national holiday.
(D) The minimum number of motor vehicles to be operated that are
necessary to protect public health or safety.
(E) The actions to inform employees of the procedures to be taken in
the event of an episode declaration.
(F) The name and telephone numbers of the facility's episode action
coordinator and alternate, who are responsible for implementation of the
plan.
(G) For stage 1 episodes, the methods by which employers will
encourage the utilization of car pools or otherwise reduce employee
motor vehicle travel.
(H) For stage 2 and 3 episodes, the measures within the reasonable
control of the employer to reduce the number of vehicle miles driven by
employees in commuting to and from work.
(I) An estimate of the reduction in vehicle miles traveled as a
result of the measures in this paragraph.
(v) Each owner or operator required to submit a plan by this
paragraph shall submit to the Administrator such plan within 60 days of
the effective date of this paragraph.
(vi) The plans submitted in accordance with the provisions of this
paragraph shall be approved or disapproved by the Administrator
according to the following schedule:
(A) For sources with emissions of air contaminants greater than or
equal to 454 metric tons (500 tons) per year, or for establishments
employing 400 or
[[Page 368]]
more employees per shift, within 45 days after receipt.
(B) For sources with emissions of air contaminants greater than or
equal to 91 metric tons (100 tons) per year and less than 454 metric
tons (500 tons) per year, or for establishments employing more than 200
and less than 400 employees per shift, within 90 days after receipt.
(C) For sources with emissions of air contaminants less than 91
metric tons (100 tons) per year, or for establishments employing 100 to
200 employees per shift, within 180 days after receipt.
(vii) The owner or operator required to submit a plan by this
paragraph shall be notified by the Administrator within 30 days after
the plan has been evaluated if the plan is disapproved. Any plan
disapproved by the Administrator shall be modified to
(viii) A copy of the plan approved in accordance with the provisions
of this paragraph shall be on file and readily available on the premises
to any person authorized to enforce the provisions of this section.
(9) The following actions shall be taken in the source and receptor
areas upon declaration of a stage 1 episode:
(i) The notifications required by paragraph (d)(6) of this section.
(ii) The Administrator shall advise the public that those
individuals with special health problems should follow the precautions
recommended by their physicians and health officials.
(iii) The Administrator shall advise school officials to cancel,
postpone, or reschedule programs which require outdoor physical
activity.
(iv) The Administrator shall request the public to stop all
unnecessary driving.
(v) The Administrator shall request the public to operate all
privately owned vehicles on a pool basis.
(vi) Persons operating any facility or activity named in paragraph
(d)(8) of this section shall implement the appropriate plans specified
in paragraph (8) for the declared stage 1 episode and air
contaminant(s).
(10) The following actions shall be taken in the source and receptor
areas upon declaration of a stage 2 episode:
(i) The actions described in paragraphs (d)(9) (i) through (v) of
this section.
(ii) The Administrator shall request suspension of programs that
involve physical exertion by participants using public parks or public
recreational facilities located in receptor areas.
(iii) The burning of combustible refuse shall be postponed until the
episode has been terminated.
(iv) The Administrator shall request the public to reduce the use of
electricity by 10 percent.
(v) Persons operating any facility or activity named in paragraph
(d)(8) of this section shall implement the appropriate plans specified
in paragraph (d)(8) of this section for the declared stage 2 episode and
air contaminant(s).
(11) The following actions shall be taken in the source and receptor
areas upon declaration of a stage 3 episode:
(i) The actions described in paragraphs (d)(10) (i) through (iii) of
this section.
(ii) The Administrator shall request the public to reduce the use of
electricity by 40 percent.
(iii) Persons operating any facility or activity named in paragraph
(d)(8) of this section shall implement the appropriate plans specified
in paragraph (d)(8) of this section for the declared stage 3 episode and
air contaminant(s).
(iv) For nitrogen dioxide, the general public, schools, industrial,
business, commercial, and governmental activities throughout the
District shall operate as though the day were a major national holiday.
(v) For particulate matter and/or sulfur dioxide and particulate
matter combined, the Administrator shall request the public to reduce as
much as possible activities causing dust emissions including
agricultural operations, off-road vehicle use, anddriving on unpaved
roads. Construction and demolition operation shall be postponed until
the episode has been terminated.
(12) In the event specific sources or source areas within the SCAQMD
are determined to significantly contribute to a declared air pollution
episode in a nearby Air Pollution Control District, emission control
actions specified in
[[Page 369]]
this paragraph for that declared episode stage shall be taken in the
SCAQMD to abate that episode.
(13) A source inspection plan shall be implemented by the
Administrator upon the declaration of any episode stage.
(14) The Administrator shall provide for daily acquisition of
forecasts of atmospheric stagnation conditions during any episode stage
and updating of such forecasts at least every 12 hours.
(15) Any source that violates any requirement of this section shall
be subject to enforcement action under section 113 of the Act.
(16) All submittals or notifications required to be submitted to the
Administrator by this section shall be sent to:
Environmental Protection Agency, Air and Hazardous Materials Division
(A-4), Attn: Air Programs Branch, 215 Fremont Street, San
Francisco, Calif. 94105.
(e) The requirements of subpart H of this chapter are met in the
Sacramento County Air Pollution Control District with the following
exceptions: There are no episode criteria levels, declaration
procedures, notification procedures, source inspections, emission
control actions or episode termination procedures for carbon monoxide
episodes based on 4- and 8-hour averaging times; communication
procedures for transmitting status reports and orders as to emission
control actions to be taken during an episode stage are not provided
for; there are no provisions for the inspection of those sources covered
under Rule 122; there is no time schedule for the Air Pollution Control
Officer to initiate the call for the submittal of individual abatement
plans; the requirements for the content of the abatement plans are not
sufficiently specific to ensure that adequate plans are submitted; no
provisions exist for the daily acquisition of atmospheric stagnation
conditions; a Priority II particulate matter episode contingency plan is
not provided for in the regulation.
(f) Regulation for prevention of air pollution emergency episodes--
4- and 8-hour carbon monoxide criteria levels, public announcement,
source inspections, preplanned abatement strategies, acquisition of
atmospheric stagnation forecasts.
(1) The requirements of this paragraph are applicable in the
Sacramento County Air Pollution Control District.
(2) For the purposes of this regulation the following definitions
apply:
(i) ``Administrator'' means the Administrator of the Environmental
Protection Agency or his authorized representative.
(ii) ``ppm'' means parts per million by volume.
(iii) ``ug/m\3\'' means micrograms per cubic meter.
(3) For the purposes of this paragraph, the following episode
criteria shall apply:
------------------------------------------------------------------------
Averaging
Pollutant time Stage Stage Stage
(hours) 1 2 3
------------------------------------------------------------------------
Carbon monoxide...................... 4 \1\ 25 \1\ 45 \1\ 60
8 \1\ 15 \1\ 30 \1\ 40
------------------------------------------------------------------------
\1\ Parts per million by volume.
(4) The provisions of the Sacramento County Air Pollution Control
District's Regulation IX, as submitted on November 4, 1977, relating to
carbon monoxide episodes averaged over 1 hour shall apply to carbon
monoxide episodes averaged over 4 and 8 hours except that the
Administrator shall insure that declaration, notification, source
inspections, and termination of such episodes will occur.
(5) Stationary source curtailment plans shall be prepared by
business, commercial, industrial, and governmental establishments as
follows:
(i) The owner or operator of any business, commercial, industrial,
or governmental facility or activity listed below shall submit to the
Administrator plans to curtail or cease operations causing stationary
source air contaminants in such activity:
(A) Stationary sources which can be expected to emit 100 tons or
more per year of hydrocarbons or carbon monoxide.
(ii) The plans required by paragraph (f)(5)(i)(A) of this section
shall include the following information:
(A) The information requested by Regulation IX, Rule 125, section d,
as submitted to the EPA on November 4, 1977.
[[Page 370]]
(B) The total number of employees at the facility during each shift
on a normal weekday.
(C) The amount of energy (gas, fuel oil, and electricity) used on a
normal weekday.
(D) For first-stage episodes, the measures to voluntarily curtail
equipment emitting air pollutants.
(E) For second-stage episodes:
(1) The measures to curtail, as much as possible, equipment
operations that emit air pollutants specific to the type of episode and,
in the case of oxidant episodes, the equipment operations that emit
hydrocarbons.
(2) The measures to postpone operations which can be postponed until
after the episode.
(F) For third-stage episodes:
(1) A list of equipment, with permit numbers if applicable, which
can be shut down without jeopardizing the public health or safety, and
an estimate of the resultant reductions in air contaminant emissions.
(2) A list of all equipment, with permit numbers if applicable,
which must be operated to protect the public health or safety, and an
estimate of the air contaminant emissions from such equipment.
(iii) Copies of the stationary source curtailment plans approved in
accordance with the provisions of this paragraph shall be on file and
readily available on the premises to any person authorized to enforce
the provisions of this paragraph.
(6) The owner or operator of any governmental, business, commercial,
or industrial activity or facility listed in paragraph (f)(5) of this
section shall submit a stationary source curtailment plan to the
Administrator within 60 days after promulgation of final rulemaking.
(7) The plans submitted pursuant to the requirements of this
paragraph shall be reviewed by the Administrator for approval or
disapproval according to the following schedule:
(i) For sources with emissions of hydrocarbons and carbon monoxide
greater than or equal to 454 metric tons (500 tons) per year, within 45
days after receipt.
(ii) For sources with emissions of hydrocarbons and carbon monoxide
greater than or equal to 91 metric tons (100 tons) per year and less
than 454 metric tons (500 tons) per year, within 90 days after receipt.
(iii) For sources with emissions of hydrocarbons and carbon monoxide
less than 91 metric tons (100 tons) per year, within 180 days after
receipt.
(8) The owner or operator of any industrial, business, governmental,
or commercial establishment required to submit a plan by this paragraph
shall be notified by the Administrator within 30 days after the plan has
been evaluated. Any plan disapproved by the Administrator shall be
modified to overcome the disapproval and resubmitted to the
Administrator within 30 days of receipt of the notice of disapproval.
(9) A source inspection plan shall be implemented by the
Administrator upon the declaration of any episode stage, and the
following facilities shall be inspected to ensure compliance:
(i) Those sources covered under Rule 122, as submitted to the EPA on
November 4, 1977, as appropriate.
(10) The Administrator shall insure that forecasts of atmospheric
stagnation conditions during any episode stage and updating of such
forecasts are acquired.
(11) Any source that violates any requirement of this regulation
shall be subject to enforcement action under section 113 of the Clean
Air Act.
(12) All submittals or notifications required to be submitted to the
Administrator by this regulation shall be sent to: Regional
Administrator, Attn: Air and Hazardous Materials Division, Air Technical
Branch, Technical Analysis Section (A-4-3) Environmental Protection
Agency, 215 Fremont Street, San Francisco, CA 94105.
(g) Regulation for the prevention of air pollution emergency
episodes--Priority II particulate matter emergency episode contingency
plan.
(1) The requirements of this paragraph are applicable in the
Sacramento County Air Pollution Control District.
(2) For the purposes of this paragraph the following episode
criteria shall apply:
[[Page 371]]
------------------------------------------------------------------------
Averaging
Pollutant time Stage Stage Stage
(hours) 1 2 3
------------------------------------------------------------------------
Particulate matter................... 24 \1\ 37 \1\ 62 \1\ 87
5 5 5
------------------------------------------------------------------------
\1\ Micrograms per cubic meter.
(3) Whenever it is determined that any episode level specified in
paragraph (g)(2) of this section is predicted to be attained, is being
attained, or has been attained and is expected to remain at such levels
for 12 or more hours, the appropriate episode level shall be declared.
(4) Whenever the available scientific and meteorological data
indicate that any episode level specified in paragraph (g)(2) of this
section is no longer being attained and is not predicted to increase
again to episode levels, such episode shall be declared terminated.
(5) The following shall be notified whenever an episode is
predicted, attained, or terminated:
(i) Public officials.
(ii) Public health, safety, and emergency agencies.
(iii) News media.
(h) The requirements of Subpart H of this chapter are met in the
MBUAPCD which the following exceptions: There is no time schedule to
assure that stationary source and traffic curtailment plans are
submitted and reviewed in a timely manner; curtailment plans are not
sufficiently specific; there are no provisions for the acquisition of
forecasts of atmospheric stagnation conditions; and adequate mandatory
emission control actions are not specified for Third-Stage oxidant
episodes.
(i) Regulation for prevention of oxidant air pollution emergency
episodes within the MBUAPCD.
(1) The requirements of this paragraph are applicable in the
MBUAPCD.
(2) For the purposes of this regulation the following definitions
apply:
(i) ``Administrator'' means the Administrator of the Environmental
Protection Agency or his authorized representative.
(ii) ``Major national holiday'' means a holiday such as Christmas,
New Year's Day or Independence Day.
(iii) ``Regulation VII'' in this paragraph means Regulation VII,
``Emergencies'', of the MBUAPCD, adopted May 25, 1977, and submitted to
the Environmental Protection Agency as a revision to the California
State Implementation Plan by the California Air Resources Board on
November 4, 1977.
(3) The plans required by Rule 705(a) of Regulation VII shall
include the following information in addition to that required in Rule
705(b) of Regulation VII, and shall be submitted and processed as
follows:
(i) Stationary sources.
(A) The total number of employees at the facility during each shift:
(1) On a normal weekday.
(2) On a major national holiday.
(B) The amount and type of fuel used:
(1) On a normal weekday.
(2) On a major national holiday.
(C) For Third-Stage episodes:
(1) A list of equipment and the permit numbers of such equipment not
operated on a major national holiday.
(2) A statement as to whether or not the facility operates on a
major national holiday.
(ii) Indirect sources.
(A) The total number of employees at the facility during each shift:
(1) On a normal weekday.
(2) On a major national holiday.
(B) The number of motor vehicles and vehicle miles traveled for
motor vehicles operated:
(1) By the company, on company business, on a normal weekday and on
a major national holiday.
(2) By employees commuting between home and the place of business on
a normal weekday and on a major national holiday.
(C) The number of parking spaces:
(1) Available.
(2) Normally used on a weekday.
(3) Normally used on a major national holiday.
(D) The minimum number of motor vehicles to be operated that are
necessary to protect the public health or safety.
(E) For Third-Stage episodes, a statement as to whether or not the
facility operates on a major national holiday.
(iii) Each owner or operator required to submit a plan as specified
under Rule 705(a) of Regulation VII shall submit such plans within 60
days after promulgation of the final rulemaking.
[[Page 372]]
(iv) The plans submitted in accordance with the provisions of this
paragraph shall be approved or disapproved by the Administrator within
120 days after receipt.
(v) Each owner or operator required to submit a plan as specified
under Rule 705(a) of Regulation VII shall be notified within 90 days
after the Administrator's decision.
(vi) Any plan disapproved by the Administrator shall be modified to
overcome this disapproval and resubmitted to the Administrator within 30
days of the notice of disapproval.
(vii) A copy of the plan approved in accordance with the provisions
of this paragraph shall be on file and readily available on the premises
to any person authorized to enforce the provisions of this section.
(4) The following actions shall be implemented by the Administrator
upon declaration of a Third-Stage oxidant episode: the general public,
schools, industrial, business, commercial, and governmental activities
throughout the MBUAPCD shall operate as though the day were a major
national holiday.
(5) The Administrator shall ensure the acquisition of forecasts of
atmospheric stagnation conditions during any episode stage and updating
of such forecasts.
(j)-(o) [Reserved]
(p) Regulation for prevention of air pollution emergency episodes--
requirements for stationary source curtailment plans and particulate
matter episodes.
(1) The requirements of this paragraph are applicable in the Los
Angeles County, Riverside County, San Bernardino County Desert and
Imperial County Air Pollution Control Districts.
(2) For the purposes of this regulation, the following definitions
apply:
(i) ``Administrator'' means the Administrator of the Environmental
Protection Agency or his authorized representative.
(ii) ``ug/m\3\'' means micrograms per cubic meter.
(iii) ``Major national holiday'' means a holiday such as Christmas
or New Year's Day.
(3) Stationary source curtailment plans shall be prepared by major
stationary sources, as defined by section 169(1) of the Act:
(i) The plans required by this paragraph shall include the following
information:
(A) The information requested in the California Air Resources
Board's Criteria for Approval of Air Pollution Emergency Abatement Plans
(Executive Order G-63).
(B) The total number of employees at the facility during each work
shift on a normal weekday and on a major national holiday.
(C) The amount of energy (gas, fuel oil, and electricity) used on a
normal weekday and on a major national holiday.
(D) For first-stage episodes:
(1) The measures to voluntarily curtail equipment emitting air
pollutants.
(E) For second-stage episodes:
(1) The measures to curtail, as much as possible, equipment
operations that emit air pollutants specific to the type of episode and,
in the case of oxidant episodes, the equipment operations that emit
hydrocarbons and nitrogen oxides.
(2) The measures to postpone operations which can be postponed until
after the episode.
(F) For third-stage episodes:
(1) A list of equipment, with permit numbers if applicable, which
can be shut down without jeopardizing the public health or safety, and
an estimate of the resultant reductions in hydrocarbons, nitrogen
oxides, and particulate matter emissions.
(2) A list of all equipment, with permit numbers if applicable,
which must be operated to protect the public health or safety, and an
estimate of the hydrocarbons, nitrogen oxides and particulate matter
emissions from such equipment.
(4) A copy of the stationary source curtailment plan approved in
accordance with the provisions of this paragraph shall be on file and
readily available on the premises to any person authorized to enforce
the provisions of this paragraph.
(5) The owner or operator of any governmental, business, commercial,
or industrial activity or facility listed in paragraph (p)(3) of this
section shall submit a stationary source curtailment
[[Page 373]]
plan to the Administrator within 60 days after promulgation of final
rulemaking.
(6) The plans submitted pursuant to the requirements of this
paragraph shall be reviewed by the Administrator within 90 days.
(7) The owner or operator of any major stationary source required to
submit a plan by this paragraph shall be notified by the Administrator
within 30 days after the plan has been evaluated as to whether the plan
has been approved or disapproved. Any plan disapproved by the
Administrator shall be modified to overcome the disapproval and
resubmitted to the Administrator within 30 days of receipt of the notice
of disapproval.
(8) All submittals or notifications required to be submitted to the
Administrator by this regulation shall be sent to:
Regional Administrator, Attn: Air and Hazardous Materials Division, Air
Technical Branch, Technical Analysis Section (A-4-3), Environmental
Protection Agency, 215 Fremont Street, San Francisco CA 94105.
(9) Any source that violates any requirement of this regulation
shall be subject to enforcement action under section 113 of the Act.
(10) For the purposes of this regulation the following episode
criteria shall apply to particulate matter episodes:
------------------------------------------------------------------------
[micro]g/m\3\
Averaging -----------------------
Pollutant time Stage Stage Stage
(hours) 1 2 3
------------------------------------------------------------------------
Particulate matter................... 24 375 625 875
------------------------------------------------------------------------
(q) The requirements of Subpart H of this chapter are met in the
Fresno County Air Pollution Control District, with the following
exceptions: There are no episode criteria levels, declaration
procedures, notification procedures, source inspection procedures,
emission control actions, or episode termination procedures for carbon
monoxide episodes based on 4- and 8-hour averaging times, or for
particulate matter emergency episodes based on 24-hour averaging times;
there is no time schedule to initiate the call for the submittal of
individual abatement plans; the requirements for the content of the
abatement plans are not sufficiently specific to ensure the adequate
plans are submitted; there are no provisions for requiring abatement
plans from operations which attract large numbers of motor vehicles with
their related emissions; the Stage 3 photochemical oxidants (ozone)
criterion level equals the Federal significant harm level; there are no
provisions for adequate mandatory emission control actions.
(r) Regulation for prevention of air pollution emergency episodes--
4- and 8-hour carbon monoxide criteria levels, mandatory emission
control actions, preplanned abatement strategies, and a Priority I
particulate matter emergency episode contingency plan.
(1) The requirements of this paragraph are applicable in the Fresno
County Air Pollution Control District.
(2) For the purposes of this regulation the following definitions
apply:
(i) ``Administrator'' means the Administrator of the Environmental
Protection Agency or his authorized representative.
(ii) ``ppm'' means parts per million by volume.
(iii) ``[micro]g/m\3\'' means micrograms per cubic meter.
(iv) ``Major national holiday'' means a holiday such as Christmas or
New Year's Day.
(3) For the purposes of this regulation, the following episode
criteria shall apply to carbon monoxide episodes:
------------------------------------------------------------------------
Averaging Stage Stage Stage
Pollutant time 1 2 3
(hours) (ppm) (ppm) (ppm)
------------------------------------------------------------------------
Carbon monoxide...................... 4 25 45 60
8 15 30 40
------------------------------------------------------------------------
(4) The provisions of the Fresno County Air Pollution Control
District's Regulation VI, as submitted on October 23, 1974, relating to
carbon monoxide episodes averaged over 1 hour shall apply to carbon
monoxide episodes averaged over 4 and 8 hours except that the
Administrator shall insure that declaration procedures, notification
procedures, source inspections, and termination of such episodes occur.
(5) Stationary source curtailment plans and traffic abatement plans
shall be prepared by business, commercial,
[[Page 374]]
industrial, and governmental establishments in Fresno County as follows:
(i) The owner or operator of any business, commercial, industrial,
or governmental stationary source which can be expected to emit 100 tons
or more per year of carbon monoxide, hydrocarbons, or particulate matter
shall submit to the Administrator plans to curtail or cease operations
causing stationary source air contaminants in such activity:
(ii) The plans required by paragraph (r)(5)(i) of this section shall
include the following information:
(A) The information requested in the California Air Resources
Board's ``Criteria for Approval of Air Pollution Emergency Abatement
Plans'' (Executive Order G-63).
(B) The total number of employees at the facility during each shift
on a normal weekday and on a major national holiday.
(C) The amount of energy (gas, fuel oil, and electricity) used on a
normal weekday and on a major national holiday.
(D) For first-stage episodes, the measures to voluntarily curtail
equipment emitting air pollutants.
(E) For second-stage episodes:
(1) The measures to curtail, as much as possible, equipment
operations that emit air pollutants specific to the type of episode and,
in the case of oxidant episodes, the equipment operations that emit
hydrocarbons or nitrogen oxides.
(2) The measures to postpone operations which can be postponed until
after the episode.
(F) For third-stage episodes:
(1) A list of equipment, with permit numbers if applicable, which
can be shut down without jeopardizing the public health or safety, and
an estimate of the resultant reductions in carbon monoxide,
hydrocarbons, nitrogen oxides, and particulate matter emissions.
(2) A list of all equipment, with permit numbers if applicable,
which must be operated to protect the public health or safety, and an
estimate of the carbon monoxide, hydrocarbons, nitrogen oxides, and
particulate matter emissions from such equipment.
(iii) The owner or operator of any industrial, business, commercial,
or governmental facility or activity employing more than 100 persons per
shift at any one business address shall submit to the Administrator
plans to curtail or cease operations causing air contaminants from
vehicle use.
(iv) The plans required by paragraph (r)(5)(iii) of this section
shall include the following information:
(A) The information requested in the California Air Resources
Board's ``Criteria for Approval of Air Pollution Emergency Abatement
Plans'' (Executive Order G-63).
(B) The total number of employees at the facility during each shift.
(C) The total number of motor vehicles and vehicle miles traveled
for motor vehicles operated:
(1) By the company on company business on a normal weekday and a
major national holdiay.
(2) By employees commuting between home and the place of business on
a normal weekday and a major national holiday.
(3) The minimum number of motor vehicles to be operated that are
necessary to protect public health or safety.
(6) A copy of the stationary source curtailment and/or traffic
abatement plans approved in accordance with the provisions of this
paragraph shall be on file and readily available on the premises to any
person authorized to enforce the provisions of this paragraph.
(7) The owner or operator of any governmental, business, commercial,
or industrial activity or facility listed in paragraph (r)(5) of this
section shall submit a stationary source curtailment plan and/or traffic
abatement plan to the Administrator within 60 days after promulgation of
final rulemaking.
(8) The plans submitted pursuant to the requirements of this
paragraph shall be reviewed by the Administrator for approval or
disapproval according to the following schedule:
(i) For sources with emissions of hydrocarbons, carbon monoxide, or
particulate matter greater than or equal to 454 metric tons (500 tons)
per year, or for establishments employing 400 or more employees per
shift, within 45 days after receipt.
[[Page 375]]
(ii) For sources with emissions of hydrocarbons, carbon monoxide, or
particulate matter greater than or equal to 91 metric tons (100 tons)
per year and less than 454 metric tons (500 tons) per year, or for
establishments employing more than 200 and less than 400 employees per
shift, within 90 days after receipt.
(iii) For establishments employing 100 to 200 employees per shift,
within 180 days after receipt.
(9) The owner or operator of any industrial, business, governmental
or commercial establishment required to submit a plan by this paragraph
shall be notified by the Administrator within 30 days after the plan has
been evaluated as to whether the plan has been approved or disapproved.
Any plan disapproved by the Administrator shall be modified to overcome
the disapproval and resubmitted to the Administrator within 30 days of
receipt of the notice of disapproval.
(10) Any source that violates any requirement of this regulation
shall be subject to enforcement action under section 113 of the Act.
(11) All submittals or notifications required to be submitted to the
Administrator by this regulation shall be sent to:
Regional Administrator, ATTN: Air and Hazardous Materials Division,
Air Technical Branch, Technical Analysis Section (A-4-3), Environmental
Protection Agency, 215 Fremont Street, San Francisco, CA 94105.
(12) For the purposes of this regulation the following episode
criteria shall apply to particulate matter episodes and Stage 3
photochemical oxidants episodes:
------------------------------------------------------------------------
[micro]g/m\3\
Averaging -----------------------
Pollutant time Stage Stage Stage
(hours) 1 2 3
------------------------------------------------------------------------
Particulate matter................... 24 375 625 875
Photochemical oxidants............... 1 ...... ...... \1\ 0.
5
------------------------------------------------------------------------
\1\ Parts per million.
(13) The Fresno County Air Pollution Control District's Regulation
VI, as submitted on October 23, 1974, relating to episodes for carbon
monoxide and photochemical oxidants averaged over 1 hour, shall apply to
particular matter episodes averaged over 24 hours, except that the
Administrator shall insure that declaration procedures, notification
procedures, source inspections, and termination of such episodes occur.
(14) The Administrator shall insure that the following actions will
be taken in the source and receptor areas on the declaration of a Stage
1, Stage 2 or Stage 3 episode:
(i) For a Stage 1 or Stage 2 episode:
(A) Persons operating any facility or activity named in paragraph
(r)(5) of this section shall implement the appropriate plans submitted
in accordance with subparagraph (5) of the declared Stage 1 or Stage 2
episode for the appropriate air contaminant(s).
(ii) For a Stage 3 episode:
(A) The general public, schools, industrial, business, commercial,
and governmental activities throughout Fresno County shall operate as
though the day were a major national holiday.
[43 FR 22721, May 26, 1978]
Editorial Note: For Federal Register citations affecting
Sec. 52.274, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
Sec. 52.275 Particulate matter control.
(a) The following rules or portions of rules are retained because
they control emissions of particulate matter, and because there is no
demonstration that their deletion would not interfere with the
attainment and maintenance of the national standards for particulate
matter:
(1) Lake County APCD.
(i) Part III-50 and Part V-1B, submitted on October 23, 1974, and
previously approved under 40 CFR 52.223.
(2) San Luis Obispo County APCD.
(i) Rule 113, submitted on February 21, 1972, and previously
approved under 40 CFR 52.223.
(b) The following regulations are disapproved because they relax the
control on particulate matter emissions without any accompanying
analyses demonstrating that these relaxations will not interfere with
the attainment and maintenance of the National Ambient Air Quality
Standards.
(1) Amador County APCD.
(i) Rules 211 and 212, submitted on April 21, 1976. (Regulation V,
Rules 13 and 14, submitted on June 30, 1972, and previously approved,
are retained.)
[[Page 376]]
(ii) Rules 207 and 212, submitted on October 13, 1977. (The
analogous Rules 10 and 14 of Regulation V, submitted on June 30, 1972,
and previously approved, are retained and shall remain in effect for
Federal enforcement purposes.)
(2) Calaveras County APCD.
(i) Rule 211, submitted on October 13, 1977. (Rule 211, submitted on
July 22, 1975, and previously approved, is retained and shall remain in
effect for Federal enforcement purposes.)
(3) Del Norte County APCD.
(i) Rules 410(c)(7) and 420(e), submitted on November 10, 1976.
(ii) Rules 420(e) and (f), submitted on November 4, 1977.
(4) El Dorado County APCD.
(i) Rule 212, submitted on April 10, 1975, and Rule 211, submitted
on August 2, 1976. (The analogous Rule 55, submitted on February 21,
1972, and previously approved, is retained and shall remain in effect
for Federal enforcement purposes.)
(5) Humbolt County APCD.
(i) Rules 410(c)(7) and 420(e), submitted on November 10, 1976.
(ii) Rules 420(e) and (f), submitted on November 4, 1977.
(6) Mariposa County APCD.
(i) Rule 211, submitted on June 6, 1977. (Rule 211, submitted on
January 10, 1975, and previously approved, is retained and shall remain
in effect for Federal enforcement purposes.)
(7) Mendocino County APCD.
(i) Rule 410(c)(7), submitted on November 10, 1976.
(ii) Rules 420(e) and (f), submitted on November 4, 1977.
(8) Nevada County APCD.
(i) Rule 212, submitted on April 10, 1975, and Rule 211, submitted
on April 21, 1976. (Rule 52.1, submitted on June 30, 1972, and
previously approved, is retained and shall remain in effect for Federal
enforcement purposes.)
(9) Northern Sonoma County APCD.
(i) Rule 420(e), submitted on November 10, 1976.
(ii) Rules 420(e) and (f), submitted on October 13, 1977.
(10) Placer County APCD.
(i) Rule 211, submitted on October 13, 1977. (The analogous Rule 61,
submitted on June 30, 1972, and previously approved, is retained and
shall remain in effect for Federal enforcement purposes.)
(ii) Rules 202, 207, and 211, submitted on October 15, 1979; and
Section 61, and Rules 202 and 207, previously approved in the June 30,
1972, January 10, 1975, and October 13, 1977 submittals, are retained.
(11) Plumas County APCD.
(i) Rule 211, submitted on June 6, 1977. (The analogous Rule 211,
submitted on January 10, 1975, and previously approved, is retained and
shall remain in effect for Federal enforcement purposes.)
(12) San Luis Obispo County APCD.
(i) Rule 403, submitted on November 10, 1976.
(13) Sierra County APCD.
(i) Rule 211, submitted on June 6, 1977. (The analogous Rule 211,
submitted on January 10, 1975, and previously approved, is retained and
shall remain in effect for Federal enforcement purposes.)
(14) Trinity County APCD.
(i) Rules 410(c)(7) and 420(e), submitted on November 10, 1976.
(ii) Rules 420(e) and (f), submitted on November 4, 1977.
(c) The following regulations are disapproved because they relax the
control on visible emissions without any accompanying analyses
demonstrating that these relaxations will not interfere with the
attainment and maintenance of the National Ambient Air Quality Standards
or any other applicable requirement of the Clean Air Act.
(1) South Coast Air Quality Management District.
(i) Rule 401, submitted on January 12, 1999.
[43 FR 25675, June 14, 1978]
Editorial Note: For Federal Register citations affecting
Sec. 52.275, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
Sec. 52.276 Sulfur content of fuels.
(a) The following rules or portions of rules are disapproved since
they represent a relaxation of previously submitted regulations and an
adequate control strategy demonstration has not
[[Page 377]]
been submitted showing that the relaxation will not interfere with the
attainment and maintenance of the National Ambient Air Quality
Standards:
(1) North Central Coast Intrastate Region:
(i) Monterey Bay Unified APCD.
(A) Rule 412(a)(8), Sulfur Content of Fuels, submitted on October
23, 1974.
(b) The deletion of the following rules from the State
implementation plan is disapproved since their deletion represents a
relaxation of the control strategy, and an adequate demonstration
showing that the relaxation will not interfere with the attainment and
maintenance of the national ambient air quality standards has not been
submitted:
(1) Southeast Desert Intrastate Region:
(i) Imperial County APCD.
(A) Rule 126, Sulfur Contents of Fuels, submitted on June 30, 1972
and previously approved under 40 CFR 52.223.
[42 FR 56606, Oct. 27, 1977, as amended at 43 FR 35695, Aug. 11, 1978]
Sec. 52.277 Oxides of nitrogen, combustion gas concentration
limitations.
(a) The following rules are being retained to the extent that the
new rules are less stringent than the previously approved rules:
(1) North Central Coast Intrastate Region:
(i) Monterey Bay Unified APCD.
(A) Rule 404(c) submitted on February 21, 1972 by the Monterey-Santa
Cruz Unified APCD and previously approved as part of the SIP, is being
retained for sources combusting gaseous fuels. Rule 404(c) will be in
effect for Monterey and Santa Cruz Counties only. Rule 404(c), submitted
on November 10, 1976 by the Monterey Bay Unified APCD, will only be in
effect for sources combusting liquid or solid fuels with heat input
rates greater than 1\1/2\ billion BTU per hour in the Monterey and Santa
Cruz portions of the Unified APCD.
(B) Rule 408(b), submitted on February 21, 1972 by the San Benito
County APCD and previously approved as part of the SIP, is being
retained for sources combusting liquid, solid, or gaseous fuels with
heat input rates less than 1\1/2\ billion BTU per hour. Rule 408(b) will
be in effect for San Benito County only. Rule 404(c), submitted on
November 10, 1976 by the Monterey Bay unified APCD, will only be in
effect for sources combusting liquid, solid, or gaseous fuels with heat
input rates greater than 1\1/2\ billion BTU per hour in the San Benito
County portion of the Unified APCD.
[42 FR 56606, Oct. 27, 1977]
Sec. 52.278 Oxides of nitrogen control.
(a) The following regulations are disapproved because they relax the
control of nitrogen oxides emissions without an accompanying analysis
demonstrating that this relaxation will not interfere with the
attainment and maintenance of the National Ambient Air Quality
Standards.
(1) South central coast intrastate AQCR.
(i) San Luis Obispo County APCD.
(A) Rule 405(A)(1), Nitrogen Oxides Emission Standards Limitations
and Prohibitions submitted on November 10, 1976, is disapproved; and
Rule 114(4), Gaseous Contaminants Oxides of Nitrogen submitted on
February 21, 1972 and previously approved in 40 CFR 52.223, is retained.
[43 FR 34467, Aug. 4, 1978]
Sec. 52.279 Food processing facilities.
(a) The following regulations are disapproved because they conflict
with the requirements of 40 CFR Subpart I [formerly Sec. 51.18],
``Review of new sources and modifications,'' and relax the control on
emissions from food processing facilities without any accompanying
analyses demonstrating that these relaxations will not interfere with
the attainment and maintenance of the National Ambient Air Quality
Standards.
(1) Merced County APCD Rules 210.1-II-J, 210.1-VII-F, 408-C (new
sentences two and three), adopted on August 21, 1984, and submitted on
October 5, 1984.
(2) Bay Area Air Quality Management District sections 2-2-119, 2-2-
120. Adopted on September 19, 1984, and submitted on October 5, 1984.
[52 FR 3646, Feb. 5, 1987, as amended at 55 FR 31835, Aug. 6, 1990]
[[Page 378]]
Sec. 52.280 Fuel burning equipment.
(a) The following rules and regulations are disapproved because they
relax the control on emissions from fuel burning equipment without any
accompanying analyses demonstrating that these relaxations will not
interfere with the attainment and maintenance of the National Ambient
Air Quality Standards.
(1) Mountain Counties Intrastate AQCR:
(i) Amador County APCD.
(A) Rules 209, submitted on April 21, 1976 and October 15, 1979, are
disapproved; and Regulation V, Rule 19, previously approved in the June
30, 1972 submittal, is retained.
(B) Rule 210(B)(1), submitted on October 15, 1979, is disapproved;
and Rules 11 and 210, previously approved in the June 30, 1972 and April
21, 1976 submittals, are retained.
(ii) Calaveras County APCD.
(A) Rule 209, Fossil Fuel-Steam Generator Facility, submitted on
October 13, 1977, is disapproved; and Rule 408, Fuel Burning Equipment,
previously approved in the June 30, 1972, submittal, is retained and
shall remain in effect for Federal enforcement purposes.
(iii) Tuolumne County APCD.
(A) Rule 210, submitted on October 15, 1979, is disapproved; and
Rule 407, previously approved in the June 30, 1972 submittal, is
retained.
(iv) Placer County APCD.
(A) Rule 210, submitted on October 15, 1979, is disapproved, and
Rule 210, previously approved in the October 13, 1977 submittal, is
retained.
(2) Sacramento Valley Intrastate AQCR:
(i) Yolo-Solano APCD.
(A) Rule 2.16, Fuel Burning Heat or Power Generators, submitted on
July 19, 1974 is disapproved; and Rule 2.16, Fuel Burning Equipment,
submitted on June 30, 1972 and previously approved as part of the SIP in
40 CFR 52.223, is retained.
(3) Southeast Desert Intrastate AQCR.
(i) San Bernardino County Desert APCD.
(A) Rule 474, Fuel Burning Equipment--Oxides of Nitrogen, submitted
November 4, 1977, is disapproved. Rule 68 (same title) submitted June
30, 1972 and approved in 40 CFR 52.223 is retained.
(b) The deletion of the following rules or portions of rules from
the State implementation plan is disapproved since their deletion
represents a relaxation of the control strategy and an adequate
demonstration showing that the relaxation will not interfere with the
attainment and maintenance of the national ambient air quality standards
has not been submitted:
(1) Southeast Desert Intrastate Region:
(i) Imperial County APCD.
(A) Rule 131, Fuel Burning Equipment, submitted on February 21, 1972
and previously approved under 40 CFR 52.223.
(ii) San Bernardino County.
(A) Rule 67, Fuel Burning Equipment as applied to new sources. The
emission limit of Rule 67 is retained and is applicable only to existing
sources already granted a permit.
(c) The emission limits of Rules 67 and 72 are partially retained,
applicable only to (existing) sources granted permits prior to June 17,
1981.
(1) South Coast Air Quality Management District.
(i) Rules 67, Fuel Burning Equipment, and 72, Fuel Burning
Equipment, submitted on November 19, 1979.
[43 FR 25677, 25684 June 14, 1978, as amended at 43 FR 35696, Aug. 11,
1978; 43 FR 51774, Nov. 7, 1978; 43 FR 59490, Dec. 21, 1978; 44 FR 5664,
Jan. 29, 1979; 46 FR 3889, Jan. 16, 1981; 46 FR 27116, 27118, May 18,
1981; 47 FR 25016, June 9, 1982]
Sec. 52.281 Visibility protection.
(a) The requirements of section 169A of the Clean Air Act are not
met, because the plan does not include approvable procedures for
protection of visibility in mandatory Class I Federal areas.
(b) Regulations for visibility monitoring. The provisions of
Sec. 52.26 are hereby incorporated and made part of the applicable plan
for the State of California.
(c) Regulations for visibility new source review. The provisions of
Sec. 52.27 are hereby incorporated and made part of the applicable plan
for the State of California only with respect to:
[[Page 379]]
(1) Mendocino County air pollution control district,
(2) Monterey County air pollution control district,
(3) North Coast Unified air quality management district,
(4) Northern Sonoma County air pollution control district, and
(5) Sacramento County air pollution control district.
(d) The provisions of Sec. 52.28 are hereby incorporated and made
part of the applicable plan for the State of California, except for:
(1) Monterey County air pollution control district, and
(2) Sacramento County air pollution control district.
(e) Long-term strategy. The provisions of Sec. 52.29 are hereby
incorporated and made part of the applicable plan for the State of
California.
(f) Approval. On March 16, 2009, the California Air Resources Board
submitted the ``California Regional Haze Plan'' (``CRHP''). The CRHP, as
amended and supplemented on September 8, 2009 and June 9, 2010, meets
the requirements of Clean Air Act section 169B and the Regional Haze
Rule in 40 CFR 51.308.
[50 FR 28553, July 12, 1985, as amended at 52 FR 45138, Nov. 24, 1987;
76 FR 34611, June 14, 2011]
Sec. 52.282 Control strategy and regulations: Ozone.
(a) Attainment determination. EPA has determined that the Ventura
County severe 1-hour ozone nonattainment area attained the 1-hour ozone
NAAQS by the applicable attainment date of November 15, 2005. EPA also
has determined that the Ventura County severe 1-hour ozone nonattainment
area is not subject to the requirements of section 185 of the Clean Air
Act (CAA) for the 1-hour standard and that the State is not required to
submit a SIP under Section 182(d)(3) of the CAA to implement a section
185 program for the 1-hour standard in this area. In addition, the
requirements of section 172(c)(9) (contingency measures) for the 1-hour
standard do not apply to the area.
(b) Approval. On December 19, 2007, the California Air Resources
Board submitted a maintenance plan for the 1997 8-hour ozone NAAQS for
the Monterey Bay Area as required by section 110(a)(1) of the Clean Air
Act, as amended in 1990, and 40 CFR 51.905(a)(4). Elements of the
section 110(a)(1) maintenance plan for ozone include a base year (2002)
attainment emissions inventory for ozone, a demonstration of maintenance
of the ozone NAAQS with projected emissions inventories through the year
2014 for ozone, a plan to verify continued attainment, and a contingency
plan. The maintenance plan meets the Federal requirements of Clean Air
Act section 110(a)(1) and 40 CFR 51.905(a)(4) and is approved as a
revision to the California State Implementation Plan for the above
mentioned area.
(c) Determination of attainment. Effective January 4, 2010, EPA is
determining that the Imperial County, California 8-hour ozone
nonattainment area has attained the 1997 8-hour ozone standard. Under
the provisions of EPA's ozone implementation rule (see 40 CFR 51.918),
this determination suspends the reasonable further progress and
attainment demonstration requirements of section 182(b)(1) and related
requirements of section 172(c)(9) of the Clean Air Act for as long as
the area does not monitor any violations of the 8-hour ozone standard.
If a violation of the 1997 ozone NAAQS is monitored in the Imperial
County, California 8-hour ozone nonattainment area, this determination
shall no longer apply.
(d) Determinations that Certain Areas Did Not Attain the 1-Hour
Ozone NAAQS. EPA has determined that the Los Angeles-South Coast Air
Basin Area and the San Joaquin Valley Area extreme 1-hour ozone
nonattainment areas did not attain the 1-hour ozone NAAQS by the
applicable attainment date of November 15, 2010 and that the Southeast
Desert Modified Air Quality Maintenance Area severe-17 1-hour ozone
nonattainment area did not attain the 1-hour ozone NAAQS by the
applicable attainment date of November 15, 2007. These determinations
bear on the areas' obligations with respect to the one-hour ozone
standard anti-backsliding requirements whose implementation is triggered
by a determination of failure to attain by the applicable attainment
date: section 172(c)(9) contingency measures for failure to attain
[[Page 380]]
and sections 182(d)(3) and 185 major stationary source fee programs.
(e) Determinations of Attainment: Effective January 2, 2013.
(1) Approval of applications for extensions of applicable attainment
dates. Under section 181(a)(5) of the Clean Air Act, EPA is approving
the applications submitted by the California Air Resources Board dated
March 23, 2010 and May 24, 2010 for extensions of the applicable
attainment date for the Mariposa and Tuolumne Counties and Nevada County
8-hour ozone nonattainment areas, respectively, from June 15, 2010 to
June 15, 2011.
(2) Determinations of attainment by the applicable attainment dates.
EPA has determined that the Amador and Calaveras Counties, Chico, Kern
County, Mariposa and Tuolumne Counties, Nevada County, and Sutter County
8-hour ozone nonattainment areas in California attained the 1997 8-hour
ozone national ambient air quality standard (NAAQS) by their applicable
attainment dates. The applicable attainment dates are as follows: Amador
and Calaveras Counties (June 15, 2010), Chico (June 15, 2007), Kern
County (June 15, 2010), Mariposa and Tuolumne Counties (June 15, 2011),
Nevada County (June 15, 2011), and Sutter County (June 15, 2007).
(3) Determinations of attainment. EPA is determining that the Amador
and Calaveras Counties, Chico, Kern County, Mariposa and Tuolumne
Counties, Nevada County, Sutter County and Ventura County 8-hour ozone
nonattainment areas have attained the 1997 8-hour ozone standard, based
upon complete quality-assured data for 2009-2011. Under the provisions
of EPA's ozone implementation rule (see 40 CFR 51.918), these
determinations suspend the attainment demonstrations and associated
reasonably available control measures, reasonable further progress
plans, contingency measures, and other planning SIPs related to
attainment for as long as the areas continue to attain the 1997 8-hour
ozone standard. If EPA determines, after notice-and-comment rulemaking,
that any of these areas no longer meets the 1997 ozone NAAQS, the
corresponding determination of attainment for that area shall be
withdrawn.
(f) Determination of attainment. EPA has determined that, as of
November 19, 2012, the Sacramento Metro 1-hour ozone nonattainment area
has attained the 1-hour ozone standard, based upon complete, quality-
assured and certified ambient air quality monitoring data for 2007-2009.
[74 FR 25156, May 27, 2009, as amended at 74 FR 66921, Dec. 17, 2009; 74
FR 63310, Dec. 3, 2009; 76 FR 82146, Dec. 30, 2011; 77 FR 64039, Oct.
18, 2012; 77 FR 71555, Dec. 3, 2012]
Sec. 52.283 Interstate Transport.
(a) Approval. On November 16, 2007, the California Air Resources
Board submitted the ``Interstate Transport State Implementation Plan
(SIP) for the 1997 8-hour Ozone Standard and PM2.5 to satisfy
the Requirements of Clean Air Act section 110(a)(2)(D)(i) for the State
of California (September 21, 2007)'' (``2007 Transport SIP''). The 2007
Transport SIP and the additional plan elements listed below meet the
following specific requirements of Clean Air Act section 110(a)(2)(D)(i)
for the 1997 8-hour ozone and 1997 PM2.5 NAAQS (``1997
standards'').
(1) The requirements of section 110(a)(2)(D)(i)(II) regarding
interference with other states' measures to protect visibility for the
1997 standards are met by chapter 3 (Emissions Inventory), chapter 4
(California 2018 Progress Strategy), and chapter 8 (Consultation) of the
``California Regional Haze Plan,'' adopted January 22, 2009.
(2) The requirements of CAA section 110(a)(2)(D)(i)(I) regarding
significant contribution to nonattainment of the 1997 standards in any
other State and interference with maintenance of the 1997 standards by
any other State.
(3) The requirements of section 110(a)(2)(D)(i)(II) regarding
interference with any other state's measures required under title I,
part C of the Clean Air Act to prevent significant deterioration of air
quality, except that these requirements are not fully met in the Air
Pollution Control Districts (APCDs) or Air Quality Management Districts
(AQMDs) listed in ths paragraph.
(i) Amador County APCD
(ii) Butte County AQMD
(iii) Calaveras County APCD
(iv) Feather River AQMD
[[Page 381]]
(v) Northern Sierra AQMD
(vi) Mariposa County APCD
(vii) Tuolumne County APCD
(viii) North Coast Unified AQMD
(ix) All other areas in California that are subject to the Federal
PSD program as provided in 40 CFR 52.270.
(b) [Reserved]
[76 FR 34611, June 14, 2011, as amended at 76 FR 34876, June 15, 2011;
76 FR 48006, Aug. 8, 2011]
Subpart G_Colorado
Sec. 52.320 Identification of plan.
(a) Title of plan: ``Air Quality Implementation Plan for State of
Colorado''.
(b) The plan was officially submitted on January 26, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Request for legal authority submitted February 14, 1972, by the
Governor.
(2) Request for 110(e) extensions submitted March 20, 1972, by the
Governor.
(3) Statements by State Air Pollution Control Commission (APCC)
related to public inspection of emission data, emergency episodes, and
transportation control submitted May 1, 1972, by the APCC. (Non-
regulatory)
(4) List of sources under compliance schedules submitted May 1,
1972, by the State Department of Health.
(5) Transportation Control Plans submitted June 4, 1973, by the
Governor.
(6) Statements relating to transportation control plans submitted
July 16, 1973, by the Governor. (Non-regulatory)
(7) Plan revisions submitted November 21, 1973, by the Governor
which delete Section III of Regulation No. 1 only as it relates to
existing sources in Appendix P concerning SO2.
(8) On June 7, 1974, the Governor submitted five Air Quality
Maintenance Area designations.
(9) Supplemental information about the Air Quality Maintenance Areas
was submitted by the Governor on January 29, 1975.
(10) Procedural rules for all proceedings before the Air Pollution
Control Commission, submitted May 5, 1977, by the Governor.
(11) On January 2, 1979, the Governor submitted the nonattainment
area plan for all areas designated nonattainment as of March 3, 1978.
EPA is taking no action on areas for which the Governor has requested
redesignations (Larimer-Weld TSP and ozone; El Paso County ozone).
(i) Regulation 9, ``Trip Reduction,'' previously approved on October
5, 1979, and now deleted without replacement.
(12) Extension request for attainment of CO and O3 was
submitted by the Governor on January 5, 1979.
(13) On July 5, 1979, the governor submitted the Air Pollution
Control Commission's final comment on our May 11, 1979, proposal. This
included a clarification that the ``No-Drive Day'' was not part of the
State Implementation Plan and transportation control measures schedules
for Larimer-Weld.
(14) On July 18, 1979, the Commission committed to revising
Regulation 7.
(15) On July 23, 1979, the Governor submitted House Bill 1090 and
Senate Bill 1 as part of the plan.
(16) On July 27, 1979, the Governor submitted the Denver Regional
Council of Governments schedules for implementing the transportation
control strategies, and clarified that the Transportation Development
Plan was part of the plan.
(17) On March 4, 1980, the Governor submitted a plan revision to
meet the requirements of Air Quality Monitoring 40 CFR part 58, subpart
C, Sec. 58.20.
(18) On May 29, 1980, the Governor submitted written evidence of the
State's legal authority to implement and enforce an automobile emissions
control program as well as schedules for implementing that program and a
demonstration that it will achieve a 25% reduction in exhaust emissions
by 1987.
(19) On January 22 and February 6, 1980 the Governor submitted
schedules for the implementation of transportation control measures for
Denver and Larimer-Weld elements of the State Implementation Plan,
respectively.
(20) On April 21, 1980, the Governor submitted a plan revision to
meet the data reporting requirements of section 127 of the Clean Air
Act.
(21) On June 22, 1980, the Governor submitted the following amended
rules:
[[Page 382]]
REPEAL AND REPROMULGATION OF REGULATION NO. 3 ``A Regulation
Requiring Air Pollutant Emission Notice, Emission Permits and Fees.''
REVISIONS TO COMMON PROVISIONS REGULATION as they relate to changes
in Regulation No. 3.
(22) On June 5, 1980, the Governor submitted the following rules:
REPEAL AND REPROMULGATION OF REGULATION NO. 7 ``A Regulations to
Control Emissions of Volatile Organic Compounds'' and revisions to the
Common Provisions Regulations as they relate to changes in Regulation
No. 7.
(23) On August 25, 1980, the Governor of Colorado submitted a site
specific revision to the State Implementation Plan for Coors Container
Corporation, Paper Packaging Division, in regard to alternative volatile
organic compound emissions reduction for its printing presses.
(24) Provisions to meet the requirements of sections 110 and 172 of
the Clean Air Act, as amended in 1977, regarding control of Group II VOC
sources were submitted on January 6, 1981, and the supplemental
information received on August 20, 1981.
(25) On December 29, 1980, the Governor submitted the following
rule: Regulation No. 11, covering procedures for garage licensing
(including mechanic testing and licensing), equipment requirements
(including standards and specifications for exhaust gas analyzers),
requirements for inspections, and emission standards as part of the
Colorado motor vehicle inspection program.
(26) On March 23, 1981, the Governor submitted revised regulations
limiting sulfur dioxide emissions from certain oil shale production
facilities.
(27) On April 12, 1982, the Governor submitted the plan revisions to
show attainment of the lead National Ambient Air Quality Standard.
(28) Regulation Number 7 is part of the plan.
(29) Provisions to meet the requirements of Part D of the Clean Air
Act for carbon monoxide in Colorado Springs, Fort Collins, and Greeley
and ozone in Denver were submitted on June 24, 1982, and supplemented by
information submitted on May 4, 1983,by the Colorado Air Quality Control
Commission.
(30) Revisions to Air Pollution Control Commission Regulation No. 1
related to fugitive particulate emissions, were submitted by the
Governor on June 22, 1982; on December 6, 1982; and on March 23, 1983,
with a technical clarification dated August 5, 1982. Included is
approval of requirements for continuous emission monitoring (CEM) of
sulfur dioxide on fossil fuel fired steam generator with greater than
250 million BTU per hour heat input. Also addressed is the reinstatement
of the 40% opacity limitation for wigwam waste-wood burners into
Regulation No. 1. With this is the addition of operation and maintenance
(O&M) requirements to promote improved operation of the wigwam burners.
(i) Incorporation by reference. (A) Emission Control Regulations for
Particulates, Smokes and Sulfur Oxides for the State of Colorado,
Regulation No. 1.II (Smoke and Opacity); III (Particulates); IV
(Continuous Emission Monitoring Requirements for Existing Sources; VII
(Statements of Basis and Purpose); and Appendices A and B; which were
effective on May 30, 1982.
(B) Colorado Air Quality Control Commission Common Provisions
Regulation which was effective on May 30, 1982.
(C) Letter of August 5, 1982, from the State of Colorado to EPA.
Clarification of the SIP Re: Continuous Emission Requirements for Oxides
of Sulfur from Fossil Fueled Steam Generators.
(31) Revisions to Air Pollution Control Commission Regulation No. 11
related to the Colorado Inspection and Maintenance (I/M) program for
exhaust emission inspection of motor vehicles, submitted by the Governor
on December 10, 1984.
(32) Revisions to Air Pollution Control Commission Regulation No. 1,
section II.A.6 and III.C.2 (a) and (b), submitted by the Governor on
April 9, 1985.
(i) Incorporation by reference. (A) Revisions to Air Pollution
Control Commission Regulation No. 1, ``Emission Control Regulation for
Particulates, Smokes, and Sulfur Oxides for the State of Colorado,''
sections II.A.6 and III.C.2 (a) and (b), effective March 2, 1985.
[[Page 383]]
(33) A revision to Regulation No. 4, ``Regulation on the Sale of New
Woodstoves'', to control emissions from new woodstoves was submitted by
the Governor on October 24, 1986.
(i) Incorporation by reference. (A) Colorado Air Quality Control
Commission Regulation No. 4, ``Regulation on the Sale of New
Woodstoves'' (Section III.A., E., F., G. and Section VI.B. and C.)
adopted June 27, 1985.
(34) [Reserved]
(35) Colorado Air Pollution Control Commission Regulation No. 4,
``Regulation on the Sale of New Wood Stoves'', submitted by the Governor
on July 18, 1985.
(i) Incorporation by reference. (A) Colorado Air Quality Control
Commission Regulation No. 4., ``Regulation on the Sale of New Wood
Stoves'', adopted June 27, 1985.
(36) ``Revisions to Colorado Regulation No. 3 Requiring Air
Contaminant Emission Notices, Emission Permits and Fees as it Relates to
the Prevention of Significant Deterioration'' and ``Revisions to Common
Provision Regulation as Related to Regulation 3.'' Changes submitted
April 18, 1983, by the Governor.
(37) Supplemental information submitted on December 16, 1985, by the
Colorado Department of Health concerning compliance with EPA's stack
height regulations in issuing PSD permits.
(i) Incorporation by reference. (A) Revisions to Regulation 3 and
Common Provisions Regulation adopted March 10, 1983, by the Colorado Air
Quality Control Commission.
(B) Supplemental information submitted on December 16, 1985, by the
Colorado Department of Health concerning compliance with EPA's stack
height regulation in issuing PSD permits.
(38) Revisions to Regulation 1 to control emissions from alfalfa
dehydrators were submitted by the Governor on July 29, 1987.
(i) Incorporation by reference. (A) Section II.A.6 and introductory
text of Section III.C.2.a of Regulation 1 adopted by the Colorado Air
Quality Control Commission on January 15, 1987, effective on March 2,
1987.
(39) Regulation 12, to control emissions from diesel fleets with
nine or more vehicles over 7,500 pounds empty weight, registered in the
AIR Program area (the Colorado I/M program), was submitted by the
Governor on December 21, 1987.
(i) Incorporation by reference. (A) Colorado Air Quality Control
Commission, Regulation No. 12, adopted December 18, 1986, and effective
January 30, 1987.
(40) A revision to the Colorado SIP was submitted by the Governor on
May 8, 1986, for Visibility New Source Review.
(i) Incorporation by reference. (A) Revision to the Colorado State
Implementation Plan regarding Revision to Regulation No. 3, Section XIV
was submitted by the Governor on April 18, 1983, and was adopted on
March 10, 1983.
(B) Revision to the Colorado State Implementation Plan regarding
Revision to Regulation No. 3, Section IV was submitted by the Governor
on May 8, 1986, and was adopted on March 20, 1986.
(41) A revision to the SIP was submitted by the Governor on December
21, 1987, for visibility general plan requirements, monitoring, and
long-term strategies.
(i) Incorporation by reference. (A) Letter dated December 21, 1987,
from Governor Roy Romer submitting the Colorado Visibility SIP revision.
(B) The visibility SIP revision, Regulation No. 3, ``Regulation
requiring an air contaminant emission notice, Emission Permit Fees'',
section XV, adopted by the Colorado Air Quality Control Commission on
November 19, 1987.
(42) Revisions to Air Pollution Control Regulation No. 1, requiring
reasonably available control technology RACT for carbon monoxide control
on petroleum refinery catalytic cracking units were submitted by the
Governor on May 8, 1986.
(i) Incorporation by reference. (A) Revisions to Section IV.,
paragraphs IV.A., IV.D.2. and IV.E., and Section VII., Regulation No. 1,
emission control regulations for particulates, smokes, carbon monoxide,
and sulfur oxides for the State of Colorado requiring CEM and RACT on
petroleum refinery catalytic cracking units in the
[[Page 384]]
metro Denver area effective on April 30, 1986.
(43) On June 15, 1988, the Governor submitted revisions to the CO
SIP for Colorado Springs. The revisions contain a new measure, the Clean
Air Campaign. EPA considers all other aspects of the submittal to be
surplus.
(i) Incorporation by reference. (A) Clean Air Campaign portion of
the Carbon Monoxide State Implementation Plan for the Colorado Springs
urbanized area, revised August 12, 1987.
(44) A revision to Regulation No. 4 of the Colorado SIP which
exempts certain woodburning devices from the certification requirements
of Regulation No. 4 was submitted by the Governor of Colorado on
September 10, 1988.
(i) Incorporation by reference. (A) In a letter dated September 10,
1988, Roy Romer, Governor of Colorado, submitted a revision to
Regulation No. 4 of the Colorado SIP.
(B) Paragraph (I)(A)(10)-(13) and (II)(C), revisions to Regulation
No. 4, ``Regulation on the Sale of New Woodstoves,'' of the Colorado SIP
became effective on June 30, 1988.
(45) In a letter dated May 8, 1986, the Governor submitted revisions
to the Colorado Regulation No. 3 (Regulation Requiring an Air
Contaminant Emission Notice, Emission Permit Fees) of the Colorado SIP
modifying stack evaluations. The changes consisted of (1) new
definitions of dispersion techniques, good engineering practice, nearby,
and excessive concentrations (Section XII.D.) and (2) rules clarifying
technical modeling and monitoring requirements (Section XII.C.).
(i) Incorporation by reference. (A) Revisions to the Colorado
Regulation No. 3 (Regulation Requiring and Air Contaminant Emission
Notice, Emission Permit Fees), Section XII, adopted March 20, 1986, by
the Colorado Air Quality Control Commission.
(46) On July 29, 1987, the Governor submitted:
(1) Amendments to Colorado Regulation No. 11 (Inspection/Maintenance
(I/M) program) and
(2) Regulation No. 13 (oxygenated fuels program).
(i) Incorporation by reference. (A) Regulation No. 11, revised
January 15, 1987, effective March 2, 1987.
(B) Regulation No. 13, adopted June 29, 1987, effective July 30,
1987.
(47) In a letter dated October 23, 1985, the Director of the Air
Pollution Control Division submitted the stack height demonstration
analysis. Supplemental information was submitted on June 20, 1986,
December 4, 1986, February 3, 1987, March 3, 1988, March 15, 1988, July
6, 1988 and August 16, 1988.
(i) Incorporation by reference. Stack height demonstration analyses
submitted by the State on October 23, 1985, June 20, 1986, December 4,
1986, February 3, 1987, March 3, 1988, March 15, 1988, July 6, 1988 and
August 16, 1988.
(48) [Reserved]
(49) A revision to Regulation No. 4 of the Colorado SIP submitted on
June 29, 1990, prohibits persons from operating a wood-burning stove or
fireplace during a high pollution day in specified areas.
(i) Incorporation by reference. (A) Revisions to Regulation No. 4,
``Regulation on the Sale of New Woodstoves,'' effective on June 30,
1990.
(50) [Reserved]
(51) On June 29, 1990, the Governor of Colorado submitted revisions
to the plan. The revisions include amendments to the Common Provisions
Regulation and Regulation No. 3 for emission permit fees and prevention
of significant deterioration of air quality (PSD) regulations to
incorporate the nitrogen dioxide (NO2) increments.
(i) Incorporation by reference. (A) Revisions to the Colorado Air
Quality Control Regulations, Common Provisions Regulation and Regulation
No. 3, which were effective on June 30, 1990.
(ii) Additional material. (A) October 22, 1990 letter from Douglas
Skie, EPA, to Bradley Beckham, Director, Air Pollution Control Division.
(B) November 5, 1990 letter from Bradley Beckham, Director, Air
Pollution Control Division, to Douglas Skie, EPA.
(52) [Reserved]
(53) Revisions to the Colorado State Implementation Plan were
submitted by the Governor of Colorado on July 13, 1990. The revision
adds a voluntary educational Better Air Campaign to the Ft. Collins
Carbon Monoxide element of the Colorado SIP.
(i) Incorporation by reference. (A) The Fort Collins Better Air
Campaign as
[[Page 385]]
defined in Exhibit ``A'' and adopted on September 5, 1989, through
Resolution 89-161.
(54) On November 17, 1988 the Governor submitted revisions to
Regulation No. 3 and the Common Provisions Regulation which included:
Provisions for the review of new sources to protect the PM-10
national ambient air quality standards (NAAQS) and for consistency with
EPA requirements;
Amendments to address deficiencies and previous EPA disapprovals as
identified in the May 26, 1988 SIP Call;
Provisions for the certification and trading of emission offset
credits; and
Amendments to increase permit processing and annual fees.
(i) Incorporation by reference. (A) Regulation No. 3: Sections
I.B.2.c.(i)-(vi), I.B.3.a., II.B.1.d & e, II.B.3.c., II.C.1.h., II.C.3.,
III.A.1., IV.C.4.e., IV.C.4.f.(i) & (iv)-(v), IV.C.6-10, IV.D.1.e.,
IV.D.2.a.(iv), IV.D.2.b., IV.D.2.c.(i) & (ii), IV.D.3.a.(vi),
IV.D.3.b.(i)(D), IV.D.3.b.(iii)(A)(3), (5), (7), & (11), IV.D.3.d.(ii),
IV.D.3.e., IV.G.3., IV.H.7., V.C-I, VI.A.2., VI.C.1., VI.D., VII.A.,
VIII.D., IX.K., XIII.B., XIV.B.1, XIV.B.4.c.; and the Common Provisions
Regulation: Section I.G., definitions of ``Best Available Control
Technology,'' ``Complete,'' ``Construction,'' ``Enforceable,'' ``Fixed
Capital Cost,'' ``Lowest Achievable Emission Rate (LAER),''
``Modification,'' Net Emissions Increase,'' ``Particulate Matter,''
``Particulate Matter Emissions,'' ``PM10,'' ``PM10 Emissions,''
``Reconstruction,'' ``Significant,'' ``Total Suspended Particulate;''
revised August 18, 1988, effective September 30, 1988.
(ii) Additional material. (A) Letter dated April 29, 1991 from the
Colorado Air Pollution Control Division to EPA.
(55) [Reserved]
(56) Revisions to the Colorado State Implementation Plan were
submitted by the Governor in letters dated October 25, 1989, and October
30, 1991. The revisions consist of amendments to Regulation No. 12,
``Reduction of Diesel Vehicle Emissions.''
(i) Incorporation by reference. (A) Regulation No. 12 revisions
adopted on July 20, 1989, and effective on August 30, 1989, as follows:
Part A (Diesel Fleet Self-Certification Program): I.B.2.; I.C.1.; I.D.;
II.A.2.b., c.; all of IV. except those sections noted below; and add new
Parts B (Diesel Opacity Inspection Program) and C (Standards for Visible
Pollutants from Diesel Engine Powered Vehicles--Operating on Roads,
Streets and Highways), except those sections noted below. Regulation No.
12 revisions adopted on September 19, 1991, and effective on October 30,
1991, as follows: Part A: I.A.; I.B.3-18.; I.C.2.; II.A.1.; II.A.2.d.,
f., g., III.A.; IV.A.2.; IV.C.1.c., g.; IV.C.2.c., h.; IV.C.3.f., i.;
IV.C.4.k.; IV.C.5.a.iv.; IV.C.5.b.; V.; VI.; VII.; VIII.; Part B:
I.B.2., 7., 19., 30.-37., 40., 50., 51.; I.C.2.; I.D.; I.E.3.;
II.C.1.b.iv.; II.E.2.c., e.; II.E.8.; III.A.; III.B.4.; III.C.4.b.viii.-
ix.; III.D.3.b.vi., xi.; III.D.3.c.viii., xiii.; V.; VI.; and Part C:
A.-F.
(57) Revision to the State Implementation Plan for Carbon Monoxide:
Greeley Element.
(i) Incorporation by reference. (A) Letter and submittal dated
November 25, 1987, from the Governor of Colorado to the EPA Region VIII
Administrator, to revise the SIP to include the Greeley Element. The
revision was adopted by the State on September 17, 1987.
(58) On November 17, 1988, the Governor submitted an amendment to
Colorado Regulation No. 1, Section II.A.9., to exempt the destruction of
Pershing missiles under the Intermediate-Range Nuclear Forces (INF)
Treaty from meeting the opacity limits.
(i) Incorporation by reference. (A) Regulation No. 1, Section
II.A.9., adopted September 15, 1988, effective October 30, 1988.
(59) Revisions to the State's new source review and prevention of
significant deterioration permitting rules in the Common Provisions
Regulation and Regulation No. 3, which were submitted by the Governor on
April 9, 1992.
(i) Incorporation by reference. (A) Regulation No. 3: Sections I.A.,
I.B.2.c. through e., I.B.3.e. and f., II.B.1., II.B.2., II.C., III.A.1.,
III.B., III.D., IV.B.2., IV.C.4., IV.C.7., IV.C.9, IV.D.1.,
IV.D.2.a.(ii) and (iv), IV.D.2.b.(i), IV.D.3.a.(iii) and (vi),
IV.D.3.b.(iv), IV.H., IV.I., V.A., V.C.1., V.C.3., V.D.1., V.D.2.,
V.D.4., V.D.5., V.D.11., V.E.1., V.E.5., V.F.10., V.F.11., V.F.13.,
V.G.7., V.G.8., V.H.3., V.H.7. and 8., V.I.3., VI.A.1., VI.C.2., IX.D.,
XII.D., XIII.B.4.,
[[Page 386]]
XIII.B.6., and XV.D.2.; and the Common Provisions Regulation: Sections
I.D.2., I.F., II.C.1., II.C.4., IV., and Section I.G.- definitions of
``best available control technology,'' ``commenced construction,''
``complete,'' ``federally enforceable,'' ``modification,'' ``potential
to emit,'' ``reasonable further progress,'' and ``stationary source;''
revised October 17, 1991, effective November 30, 1991.
(ii) Common Provisions Regulation, 5 CCR 1001-2, Section III.,
Smoking Gasoline Powered Motor Vehicle Control Region, is deleted
without replacement, effective September 30, 2002, as described in
(c)(118) below.
(60) Revisions to the Long-Term Strategy of the Colorado State
Implementation Plan for Class I Visibility Protection were submitted by
the Governor in a letter dated November 18, 1992. The submittal
completely replaces the previous version of the Long-Term Strategy and
includes amendments to Air Quality Control Commission Regulation No. 3,
``Air Contaminant Emissions Notices.''
(i) Incorporation by reference. (A) Revisions to the Visibility
Chapter of Regulation No. 3 as follows: XV.F.1.c. as adopted on August
20, 1992, and effective on September 30, 1992.
(61) The Governor of Colorado submitted a portion of the
requirements for the moderate nonattainment area PM10 State
Implementation Plan (SIP) for Denver, Colorado with a letter dated June
7, 1993, and subsequent submittals dated September 3, 1993, and October
20, 1993, fulfilling most of the commitments made in the June 7, 1993,
letter. The submittals were made to satisfy those moderate
PM10 nonattainment area SIP requirements due for the Denver
PM10 nonattainment area on November 15, 1991. EPA is
approving, for the limited purpose of strengthening the SIP, the control
measures contained in the SIP revisions identified above. (EPA is not
approving, at this time, the control measures limiting the emissions
from Purina Mills and Electron Corporation.)
(i) Incorporation by reference. (A) Revisions to Regulation No. 4,
``Regulation on the Sale of New Woodstoves and the Use of Certain
Woodburning Appliances During High Pollution Days,'' as adopted by the
Air Quality Control Commission on June 24, 1993, effective August 30,
1993, as follows: insert new Section VIII and recodification of
References Section. This revision pertains to local jurisdiction
implementation and enforcement of ordinances and resolutions restricting
wood burning on high pollution days.
(B) Regulation No. 16, ``Concerning Material Specifications for, Use
of, and Clean-up of Street Sanding Material,'' as adopted by the Air
Quality Control Commission on June 24, 1993, effective August 30, 1993,
as follows: recodification of Regulation and addition of Sections II and
III, which regulate emissions from street sanding and sweeping in the
Denver PM10 nonattainment area.
(C) Revisions to Regulation No. 1, ``Emission Control Regulations
for Particulates, Smokes, Carbon Monoxide, and Sulfur Oxides for the
State of Colorado,'' as adopted by the Air Quality Control Commission on
August 19, 1993, effective October 30, 1993, as follows: insert new
Sections VII and VIII and recodification of the two following Sections,
``Emission Regulations Concerning Areas Which are Nonattainment for
Carbon Monoxide--Refinery Fluid Bed Catalytic Cracking Units'', and
``Statements of Basis and Purpose'' Sections. The revisions pertain to
restrictions on the use of oil as a back-up fuel for certain sources and
set new emission limits at the following Public Service Company Power
Plants: Cherokee, Arapahoe, and Valmont.
(D) Coors Glass Plant allowable emission limitations on three
furnaces.
1. Permit 92JE129-1, effective date January 19, 1993, regulating
emissions at the KTG glass melting furnace 1.
2. Permit 92JE129-2, effective date January 19, 1993, regulating
emissions at the KTG glass melting furnace 2.
3. Permit 92JE129-3, effective date January 19, 1993, regulating
emissions at the KTG glass melting furnace 3.
(E) Conoco Refinery allowable emission limitations from the
refinery.
1. Permit 90AD524, effective date March 20, 1991, regulating a Tulsa
natural gas fired 20MMbtu/hour heater equipped with low-Nox burners.
[[Page 387]]
2. Permit 90AD053, effective date March 20, 1991, regulating process
heaters H-10, H-11 and H-27 and process boilers B4, B6, and B8 all
burning fuel gas only.
3. Permit 91AD180-3, effective December 28, 1992, regulating the
three stage Claus sulfur recovery unit with tail gas recovery unit.
(ii) Additional material. (A) Regional Air Quality Council,
``Guidelines for Reducing Air Pollution from Street Sanding'' sets
voluntary guidelines for public works departments to follow to reduce
the amount of street sand applied, and includes recommendations for
increasing the effectiveness of street cleaning operations.
(B) Adolph Coors Company Brewery permit emission limitations on five
boilers. Permits: C-12386-1&2, C-12386-3, C-10660, C-11199, and C-11305.
(62) On February 24, 1993, and December 9, 1993, the Governor of
Colorado submitted revisions to the Colorado State implementation plan
(SIP) to satisfy those moderate PM-10 nonattainment area SIP
requirements for Pagosa Springs, Colorado due to be submitted by
November 15, 1991. Included in the December 9, 1993 submittal were PM-10
contingency measures for Pagosa Springs to satisfy the requirements of
section 172(c)(9) of the Act due to be submitted by November 15, 1993.
(i) Incorporation by reference. (A) Colorado Air Quality Control
Commission Nonattainment Areas regulation, section I. ``Pagosa Springs
Nonattainment Area,'' adopted on November 19, 1992, effective on
December 30, 1992, with revisions adopted on November 12, 1993,
effective on December 30, 1993.
(63) On November 18, 1992, the Governor of Colorado submitted a plan
for the establishment and implementation of a Small Business Assistance
Program to be incorporated into the Colorado State Implementation Plan
as required by section 507 of the Clean Air Act.
(i) Incorporation by reference. (A) Colorado Revised Statutes,
Sections 25-7-109.2 and 25-7-114.7, to establish and fund a small
business stationary source technical and environmental compliance
assistance program, effective July 1, 1992.
(ii) Additional materials. (A) November 18, 1992 letter from the
Governor of Colorado submitting a Small Business Assistance Program plan
to EPA.
(B) The State of Colorado plan for the establishment and
implementation of a Small Business Assistance Program, adopted by the
Colorado Air Quality Control Commission on October 15, 1992, effective
October 15, 1992.
(64) On December 9, 1993, the Governor of Colorado submitted
PM10 contingency measures for the moderate nonattainment
PM10 areas of Canon City and Lamar, Colorado. The submittal
was made to satisfy the moderate PM10 nonattainment area
requirements for contingency measures due for Canon City and Lamar on
November 15, 1993.
(i) Incorporation by reference. (A) Colorado Air Quality Control
Commission Nonattainment Area Regulation, Section IV. ``Lamar
Nonattainment Area,'' and Section V. ``Canon City Nonattainment Area--
PM-10,'' adopted on November 12, 1993, and effective December 30, 1993.
(65) On January 15, 1992, March 17, 1993, and December 9, 1993, the
Governor of Colorado submitted revisions to the Colorado State
implementation plan (SIP) to satisfy those moderate PM-10 nonattainment
area SIP requirements for Aspen, Colorado due to be submitted by
November 15, 1991. Included in the December 9, 1993 submittal were PM-10
contingency measures for Aspen to satisfy the requirements of section
172(c)(9) of the Act due to be submitted by November 15, 1993.
(i) Incorporation by reference. (A) Colorado Air Quality Control
Commission Nonattainment Areas regulation, all of Section III. ``Aspen/
Pitkin County PM-10 Nonattainment Area'' except Section III.C.6.,
adopted on January 21, 1993 effective on March 2, 1993, with revisions
adopted on November 12, 1993, effective on December 30, 1993.
(66) On January 14, 1993, the Governor of Colorado submitted
revisions to the new source review and prevention of significant
deterioration requirements in the Common Provisions Regulation and
Regulation No. 3, as well as a revision to Regulation No. 7 pertaining
to volatile organic compounds of negligible photochemical reactivity.
[[Page 388]]
(i) Incorporation by reference. (A) Air Quality Control Commission
Common Provisions Regulation, Section I.C. and Section I.G., definitions
of ``adverse environmental effect,'' ``air pollutant,'' ``best available
control technology,'' ``federal act,'' ``federally enforceable,''
``hazardous air pollutant,'' paragraph h. in ``net emissions increase,''
``ozone depleting compound,'' and ``significant;'' revised 11/19/92,
effective 12/30/92.
(B) Air Quality Control Commission Regulation No. 3 Air Contaminant
Emission Notices, Sections I.B.1., I.B.2.c-e., I.B.3.e-f., IV.B.3-5,
IV.D.2.a.(iii), IV.D.2.c., IV.D.3., IV.D.4., IV.E., IV.F., IV.H.,
V.E.9., VI.B.1., VI.B.4., VI.B.5., VI.C., VII.C., VIII.A., VIII.C.1.,
XI.A., and XIII.A. and B.; revised 11/19/92, effective 12/30/92.
(C) Air Quality Control Commission Regulation No. 7 Emissions of
Volatile Organic Compounds, Section II.B.; revised 11/19/92, effective
12/30/92.
(67) On November 27, 1992, the Governor of Colorado, submitted a
revision to the Colorado SIP. This revision replaces previous versions
of Regulation No. 13 with the amended Regulation No. 13 (oxygenated
gasoline program) adopted September 17, 1992. Regulation No. 13 requires
the oxygenated gasoline programs to be implemented in the Fort Collins-
Loveland, Colorado Springs, and Boulder-Denver Metropolitan Statistical
Areas (MSA) as required by Section 211(m) of the Clean Air Act
Amendments of 1990.
(i) Incorporation by reference. (A) Revision to Regulation No. 13,
``Oxygenated Gasoline Program,'' as adopted by the Colorado Air Quality
Control Commission on September 17, 1992, effective October 10, 1992, as
follows: entire Regulation revision. This regulation supersedes and
replaces all previous revisions to Regulation No. 13, (40 CFR,
52.320(46)(2)).
(68) The Governor of Colorado submitted a portion of the
requirements for the moderate nonattainment area PM10 State
Implementation Plan (SIP) for Telluride, Colorado with a letter dated
March 17, 1993. The submittal was made to satisfy those moderate
PM10 nonattainment area SIP requirements due for Telluride on
November 15, 1991; however, the submittal did not contain quantitative
milestones to provide for maintenance of the PM10 National
Ambient Air Quality Standards through December 1997. The Governor of
Colorado submitted moderate PM10 nonattainment area
contingency measures for Telluride with a letter dated December 9, 1993.
This submittal was intended to satisfy the requirements of section
172(c)(9) of the Clean Air Act due on November 15, 1993.
(i) Incorporation by reference. (A) Colorado Air Quality Control
Commission Nonattainment Areas regulation, Section II., Telluride
Nonattainment Area, adopted January 21, 1993 and effective on March 2,
1993, with revisions adopted November 12, 1993 and effective December
30, 1993.
(ii) Additional material. (A) The commitment and schedule for the
adoption and implementation of PM10 control measures that are
necessary to demonstrate maintenance of the 24-hour PM10
standard in Telluride, which were submitted in an April 21, 1994 letter
from Thomas Getz, Air Pollution Control Division, to Douglas M. Skie,
EPA.
(69) On January 14, 1994 and on June 24, 1994, Roy Romer, the
Governor of Colorado, submitted SIP revisions to the Implementation Plan
for the Control of Air Pollution. This revision establishes and requires
the implementation of an enhanced motor vehicle inspection and
maintenance program in the Denver and Boulder urbanized areas as
required by section 187(a)(6) of the Clean Air Act Amendments of 1990.
This material is being incorporated by reference for the enforcement of
Colorado's enhanced I/M program only.
(i) Incorporation by reference. (A) Colo. Rev. Stat. Sections 42-4-
306.5--42-4-316 adopted June 8, 1993 as House Bill 93-1340, effective
July 1, 1993.
(B) Regulation No. 11 (Inspection/Maintenance Program) as adopted by
the Colorado Air Quality Control Commission (AQCC) on March 17, 1994.
(ii) Additional materials. (A) SIP narrative and technical
appendices 1-20 as corrected and approved by the AQCC on June 21, 1994.
The narrative is entitled ``State of Colorado Motor Vehicle Inspection
and Maintenance State Implementation Plan'', dated December 16, 1993
with technical corrections.
(70) Revisions to the Colorado State Implementation Plan were
submitted
[[Page 389]]
by the Governor on September 27, 1989, and August 30, 1990. The
revisions consist of amendments to the Ozone provisions in Regulation
No. 7, ``Regulation To Control Emissions of Volatile Organic
Compounds.''
(i) Incorporation by reference. (A) Revisions to Regulation No. 7,
Sections 7.I (Applicability), 7.II (General Provisions), 7.III (General
Requirements for Storage and Transfer of Volatile Organic Compounds),
7.IV (Storage of Highly Volatile Organic Compounds), 7.V (Disposal of
Volatile Organic Compounds), 7.VI (Storage and Transfer of Petroleum
Liquid), 7.VIII (Petroleum Processing and Refining), 7.IX (Surface
Coating Operations), 7.X (Use of Solvents for Degreasing and Cleaning),
7.XI (Use of Cutback Asphalt), 7.XII (Control of VOC Emissions from Dry
Cleaning Facilities Using Perchloroethylene as a Solvent), 7.XIII
(Graphic Arts), 7.XIV (Pharmaceutical Synthesis), 7.XV (Control of
Volatile Organic Compound Leaks from Vapor Collection Systems Located at
Gasoline Terminals, Bulk Plants, and Gasoline Dispensing Facilities),
and Appendices A (Criteria for Control of Vapors from Gasoline Transfer
to Storage Tanks), B (Criteria for Control of Vapors from Gasoline
Transfer at Bulk Plants-Vapor Balance System), and D (Test Procedures
for Annual Pressure/Vacuum Testing of Gasoline Transport Trucks). The
following new emission sources and appendices were added to Regulation
No. 7: 7.IX.A.7 (Fugitive Emission Control), 7.IX.M (Flat Wood Paneling
Coating), 7.IX.N. (Manufacture of Pneumatic Rubber Tires), and Appendix
E (Emission Limit Conversion Procedure). These revisions became
effective on October 30, 1989, and August 30, 1990.
(ii) Additional material. (A) February 5, 1992, letter from John
Leary, Acting Director, Colorado Air Pollution Control Division, to
Douglas Skie, EPA. This letter contained the State's commitment to
conduct capture efficiency testing using the most recent EPA capture
efficiency protocols, and the commitment to adopt federal capture
efficiency test methods after they are officially promulgated by EPA.
(71) The Governor of Colorado submitted carbon monoxide contingency
measures for Colorado Springs and Fort Collins with a letter dated
February 18, 1994. This submittal was intended to satisfy the
requirements of section 172(c)(9) of the Clean Air Act for contingency
measures which were due on November 15, 1993.
(i) Incorporation by reference. (A) Colorado Air Quality Control
Commission Nonattainment Areas regulation, 5 CCR 1001-20, Section VI,
City of Fort Collins Nonattainment Area, and Section VII, Colorado
Springs Nonattainment Area, adopted on November 12, 1993, effective on
December 30, 1993.
(72) On November 12, 1993, August 25, 1994, September 29, 1994,
November 17, 1994, and January 29, 1996, the Governor of Colorado
submitted revisions to the State's construction permitting requirements
in Regulation No. 3 and the Common Provisions Regulation. These
revisions included nonattainment new source review permitting
requirements for new and modified major sources of PM-10 precursors
locating in the Denver moderate PM-10 nonattainment area, changing from
the dual source definition to the plantwide definition of source in
nonattainment new source review permitting, other changes to Regulation
No. 3 to make the construction permitting program more compatible with
the State's title V operating permit program, and correction of
deficiencies. In addition, the Governor submitted revisions to the
Common Provisions Regulation on April 9, 1992 and January 14, 1993.
(i) Incorporation by reference. (A) Common Provisions Regulation, 5
CCR 1001-2, Section I.G., definitions of ``baseline area'' and
``reconstruction;'' adopted 10/17/91, effective 11/30/91.
(B) Common Provisions Regulation, 5 CCR 1001-2, Section I.G.,
definitions of ``net emissions increase'' and ``stationary source;''
adopted 8/20/92, effective 9/30/92.
(C) Common Provisions Regulation, 5 CCR 1001-2, Section I.A. and
Section I.G., definitions of ``emission control regulation'' and
``volatile organic compound;'' adopted 11/19/92, effective 12/30/92.
(D) Regulation No. 3, Air Contaminant Emissions Notices, 5 CCR 1001-
5, revisions adopted 8/18/94, effective 9/30/
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94, as follows: Part A (with the exception of the last sentence in the
definition of ``Federally enforceable'' in Section I.B.22 and with the
exception of Section IV.C.) and Part B (with the exception of Sections
V.B. and VII.A.5.). This version of Regulation No. 3, as incorporated by
reference here, supersedes and replaces all versions of Regulation No. 3
approved by EPA in previous actions.
(E) Regulation No. 3, Air Contaminant Emissions Notices, 5 CCR 1001-
5, revisions adopted on 3/16/95, effective 5/30/95, as follows: Part A:
Sections I.B.12., I.B.31., I.B.32., I.B.35.B., I.B.36., I.B.37.,
I.B.41., I.B.50., I.B.57., I.B.66., II.D.5.c., II.D.5.d., V.B., V.C.6.,
V.C.10., V.E.1.c., V.E.1.d., V.H.4. through V.H.8., V.I.1., VI.C.1.f.,
and VII.A.; Part B: Sections III.D.2., III.D.3., IV.B.4., IV.C.1.,
IV.D.1.a., IV.D.2.c.(i)(E), IV.D.4.a., and IV.J.
(F) Previously approved in paragraph (c)(72)(i)(D) under Regulation
No. 3, Air Contaminant Emissions Notices, 5 CCR 1001-5. These sections
are now deleted without replacement: II.B.7., II.B.8., II.B.9.,
II.B.10., and II.D.7, effective October 30, 2006.
(G) 1001-5, Colorado Regulation No. 3, Air Contaminant Emissions
Notices, Part A, Concerning General Provisions Applicable to Reporting
and Permitting, Sections II.D.1.m, II.D.1.ee, II.D.1.uu, II.D.1.ddd, and
II.D.1.eeee, previously approved in paragraph (c)(72)(i)(D) of this
section, were repealed by the State of Colorado effective January 30,
2009 and are removed without replacement.
(ii) Additional material. (A) July 3, 1995 letter from Martha E.
Rudolph, First Assistant Attorney General, Colorado Office of the
Attorney General, to Jonah Staller, EPA.
(73) On January 14, 1994 and on June 24, 1994, Roy Romer, the
Governor of Colorado, submitted SIP revisions to the State
Implementation Plan for the Control of Air Pollution. This revisions
requires the implementation of a basic motor vehicle inspection and
maintenance program in the urbanized areas of El Paso (Colorado
Springs), Larimer (Fort Collins), and Weld (Greeley) Counties meeting
the requirements of the Clean Air Act Amendments of 1990. This material
is being incorporated by reference for the enforcement of Colorado's
basic I/M program only.
(i) Incorporation by reference. (A) Colo. Rev. Stat. Secs. 42-4-
306.5--42-4-316 adopted June 8, 1993 as House Bill 93-1340, effective
July 1, 1993.
(B) Regulation No. 11 (Inspection/Maintenance Program) as adopted by
the Colorado Air Quality Control Commission (AQCC) on March 17, 1994,
effective April 30, 1994.
(74) The Governor of Colorado submitted PM10 contingency
measures for Denver, Colorado in a letter dated November 17, 1995.
(i) Incorporation by reference. (A) Section IV. of Regulation No.
16, Street Sanding Emissions, adopted March 16, 1995, effective May 30,
1995.
(75) The Governor of Colorado submitted revisions to the
PM10 moderate nonattainment area State Implementation Plan
(SIP) for Telluride, Colorado with a letter dated April 22, 1996. The
submittal was made to satisfy the State's commitment to adopt additional
control measures necessary to demonstrate continued maintenance of the
PM10 National Ambient Air Quality Standards through 1997. Due
to the satisfaction of this commitment, the SIP now adequately meets the
quantitative milestone requirement.
(i) Incorporation by reference. (A) Colorado Air Quality Control
Commission State Implementation Plan-Specific Regulation for
Nonattainment Areas, 5 CCR 1001-20, Section II.C., Telluride
Nonattainment Area Street Sanding Requirements, adopted August 17, 1995
and effective October 30, 1995.
(76) The Governor of Colorado submitted the moderate nonattainment
area PM10 State Implementation Plan (SIP) for Steamboat
Springs, Colorado with a letter dated September 16, 1997. The submittal
was made to satisfy those moderate PM10 nonattainment area
SIP requirements due for Steamboat Springs on July 20, 1995, including
among other things, control measures, technical analyses, quantitative
milestones, and contingency measures. The September 16, 1997 submittal
also included the Steamboat Springs emergency episode plan.
(i) Incorporation by reference. (A) Colorado Air Quality Control
Commission Nonattainment Areas, 5 CCR 1001-20,
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Section VIII., Steamboat Springs PM10 Nonattainment Area,
adopted October 17, 1996 and effective on December 30, 1996.
(ii) Additional material. (A) An October 29, 1997 letter from Margie
M. Perkins, APCD, to Richard R. Long, EPA, clarifying that the
regulation entitled ``Ambient Air Quality Standards for the State of
Colorado'' was included in the September 16, 1997 Steamboat Springs SIP
submittal for informational purposes only.
(77) On September 29, 1995, Roy Romer, the Governor of Colorado,
submitted a SIP revision to the State Implementation Plan for the
Control of Air Pollution. This revision provides a replacement
Regulation No. 11, Inspection/Maintenance Program which limits dealer
self-testing. This material is being incorporated by reference for the
enforcement of Colorado's I/M program.
(i) Incorporation by reference. (A) Department of Health, Air
Quality Control Commission, Regulation No. 11 (Motor Vehicle Emissions
Inspection Program) as adopted by the Colorado Air Quality Control
Commission (AQCC) on September 22, 1994, effective November 30, 1994.
(78) Revisions to the Colorado State Implementation Plan were
submitted by the Governor of the State of Colorado on August 25, 1995,
and October 16, 1995. The revisions consist or amendments to Regulation
No. 3, ``Air Contaminant Emissions Notices'' and to Regulation No. 7,
``Regulation To Control Emissions of Volatile Organic Compounds.'' These
revisions involve source-specific State Implementation Plan requirements
for emission trading for Pioneer Metal Finishing Inc. and crossline
averaging for Lexmark International Inc.
(i) Incorporation by reference. (A) Revisions to Regulation No. 3, 5
CCR 1001-5, sections V.A. (Purpose), V.C.1 , V.C.3, V.C.5 (Definitions),
V.D.6, V.D.7, V.D.9 (Procedure for Certification of Emissions Reductions
and Approval of Transactions), V.E. (Criteria for Certification of
Emissions Reductions), V.F., V.F.5, V.F.7, V.F.8.l, V.F.14, and V.F.15
(Criteria for Approval of all Transactions) and Revisions to Regulation
No. 7, 5 CCR 1001-9, section II.D.1.a (Alternative Control Plans and
Test Methods) became effective on December 30, 1994. The new section
IX.L.2.c through IX.L.2.c.xv (Manufactured Metal Parts and Metal
Products) to Regulation No. 7, 5 CCR 1001-9, applicable to Pioneer Metal
Finishing Inc., became effective on April 30, 1995. The new section
IX.A.12 through IX.A.12.a.(xi) (General Provisions) to Regulation No. 7,
5 CCR 1001-9, applicable to Lexmark International Inc., became effective
July 30, 1995.
(79) On August 23, 1996, the Governor of Colorado submitted a
revision to the long-term strategy portion of Colorado's State
Implementation Plan (SIP) for Class I Visibility Protection. The
revision was made to incorporate into the SIP, among other things,
emissions reduction requirements for the Hayden Station (a coal-fired
steam generating plant located near the town of Hayden, Colorado) that
are based on a consent decree addressing numerous air pollution
violations at the plant. This SIP revision replaces the previous
existing impairment portion of the long-term strategy as it relates to
the Mt. Zirkel Wilderness Area.
(i) Incorporation by reference. (A) Long-Term Strategy Review and
Revision of Colorado's State Implementation Plan for Class I Visibility
Protection Part I: Hayden Station Requirements, as follows: Section VI.,
effective on August 15, 1996.
(80) On July 11, 1994, July 13, 1994, September 29, 1995, and
December 22, 1995, the Governor of Colorado submitted revisions to the
Colorado State Implementation Plan (SIP) to satisfy those CO
nonattainment area SIP requirements for Denver and Longmont, Colorado
due to be submitted by November 15, 1992, and further revisions to the
SIP to shorten the effective period of the oxygenated fuels program. EPA
is not taking action on the SIP provision submitted on July 11, 1994
that calls for a prohibition of the re-registration of abandoned and
impounded vehicles.
(i) Incorporation by reference. (A) Regulation No. 11, Motor Vehicle
Emissions Inspection Program, 5 CCR 1001-13, as adopted on September 22,
1994, effective November 30, 1994. Regulation No. 13, Oxygenated Fuels
Program, 5
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CCR 1001-16, as adopted on October 19, 1995, effective December 20,
1995.
(81) On August 1, 1996, the Governor of Colorado submitted revisions
to the prevention of significant deterioration regulations in Regulation
No. 3 to incorporate changes in the Federal PSD permitting regulations
for PM-10 increments and to make other minor administrative revisions.
(i) Incorporation by reference. (A) Regulation No. 3, Air
Contaminant Emissions Notices, 5 CCR 1001-5, revisions adopted 8/17/95,
effective 10/30/95, as follows: Part A, Section I.B., as follows: the
definition of ``baseline area'' in subsection 10, the definition of
``minor source baseline date'' in subsection 35, and the definition of
``net emissions increase'' in subsection 37; Part A: Sections IV.B.,
V.C.1., and V.D.11.c.; Part B: Sections IV.D.3.b.(v), VII.A.1., and X.D.
(82) The Governor of Colorado submitted the Denver moderate
nonattainment area PM10 State Implementation Plan (SIP) with
a letter dated March 30, 1995. The Governor submitted revisions to
Regulation No. 13, one of the control measures relied on in the
PM10 SIP, on December 22, 1995. These submittals as well as
support documentation submittals made on June 8, 1993, June 10, 1993,
June 25, 1993, July 19, 1993, August 5, 1993, September 3, 1993,
September 21, 1993, October 20, 1993, December 12, 1993, January 19,
1994, December 23, 1994, March 3, 1995, and November 8, 1995 satisfy
those moderate PM10 nonattainment area SIP requirements due
for the Denver PM10 nonattainment area on November 15, 1991.
EPA is approving the SIP. This approval replaces the previous limited
approval at 40 CFR 52.320(c)(61).
(i) Incorporation by reference. (A) Regulation No. 4, ``Regulation
on the Sale of New Woodstoves and the Use of Certain Woodburning
Appliances During High Pollution Days,'' 5 CCR 1001-6, as adopted by the
Air Quality Control Commission on June 24, 1993, effective August 30,
1993.
(B) Local woodburning ordinances and resolutions.
(1) Arvada, Colorado. Ordinance number 2451, effective November 2,
1987, regarding woodburning restrictions.
(2) Aurora, Colorado. Ordinance numbers 87-118 and 92-14, effective
May 22, 1987 and May 22, 1992, respectively, regarding woodburning
restrictions.
(3) Boulder, Colorado. Ordinance numbers 5007 and 5445, adopted
November 25, 1986 and April 21, 1992, respectively, regarding
woodburning restrictions.
(4) Broomfield, Colorado. Ordinance number 794, effective November
24, 1988, regarding woodburning restrictions.
(5) Denver, Colorado. Ordinance numbers 293 and 1018, approved May
30, 1990 and December 16, 1993, respectively, regarding woodburning
restrictions.
(6) Douglas County, Colorado. Resolution number 991-128, adopted
November 14, 1991, regarding woodburning restrictions.
(7) Englewood, Colorado. Ordinance numbers 31 and 39, passed on July
20, 1992, regarding woodburning restrictions.
(8) Federal Heights, Colorado. Ordinance number 565, adopted January
5, 1988, regarding woodburning restrictions.
(9) Glendale, Colorado. Ordinance numbers 2 and 14, adopted January
5, 1988 and effective on October 20, 1992, respectively, regarding
woodburning restrictions.
(10) Greenwood Village, Colorado. Ordinance numbers 17 and 9,
effective July 9, 1988 and March 25, 1992, respectively, regarding
woodburning restrictions.
(11) Jefferson County, Colorado. Resolution numbers CC89-873 and
CC90-617, dated December 29, 1989 and August 7, 1990, respectively,
regarding woodburning restrictions.
(12) Lafayette, Colorado. Ordinance number 24; series 1988,
effective November 15, 1988, regarding woodburning prohibitions.
(13) Lakewood, Colorado. Ordinance numbers 0-86-113 and 0-92-61,
effective December 1, 1986 and November 28, 1992, respectively,
regarding woodburning restrictions.
(14) Littleton, Colorado. Ordinance numbers 51 and 26, passed on
December 6, 1988 and August 18, 1992, respectively, regarding
woodburning restrictions.
(15) Longmont, Colorado. Ordinance number 0-89-1, adopted December
27,
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1988, regarding woodburning restrictions.
(16) Mountain View, Colorado. Ordinance number 90-5, approved on
January 7, 1991, regarding woodburning restrictions.
(17) Sheridan, Colorado. Ordinance numbers 22 and 1, approved
October 25, 1988 and February 9, 1993, respectively, regarding
woodburning restrictions.
(18) Thornton, Colorado. Ordinance numbers 2120 and 2194, adopted
October 28, 1991 and September 28, 1992, respectively, regarding
woodburning restrictions.
(19) Westminster, Colorado. Ordinance numbers 1742 and 2092, enacted
on November 9, 1987 and December 28, 1992, respectively, regarding
woodburning restrictions.
(C) Regulation No. 16, ``Concerning Material Specifications for, Use
of, and Clean-up of Street Sanding Material,'' 5 CCR 1001-18, as adopted
by the Air Quality Control Commission on September 22, 1994, effective
November 30, 1994.
(D) Regulation No. 1, ``Emission Control Regulations for
Particulates, Smokes, Carbon Monoxide, and Sulfur Oxides for the State
of Colorado,'' 5 CCR 1001-3, Sections I-IV and VI-IX, and Appendices A
and B, as adopted by the Air Quality Control Commission on August 19,
1993, effective October 20, 1993; with revisions to Sections VII and
VIII, adopted by the Air Quality Control Commission on September 22,
1994, effective November 30, 1994.
(E) Public Service Company Cherokee facility SO2 emission
limitations for the power facility.
(1) Permit 86AD352(1), effective date November 13, 1986, regulates
SO2 emissions at Unit 1.
(2) Permit 86AD352-2, effective date April 30, 1992, regulates
SO2 emissions at Unit 4.
(F) Purina Mills Inc. total PM10 emissions limitations at
the animal feed manufacturing facility.
(1) Permit 93AD1008-1, effective date October 19, 1993, regulating
emissions at the finished product loadout facility.
(2) Permit 93AD1008-2, effective date October 19, 1993, regulating
emissions at the grain receiving facility.
(G) Electron Corporation total PM10 emission limitations
at the gray iron foundry.
(1) Permit 93AR1363-1, effective date January 12, 1994, regulating
emissions at the Table shot blaster and associated baghouse.
(2) Permit 93AR1363-2, effective date January 12, 1994, regulating
emissions at the five grinding booths-stand and associated baghouse.
(3) Permit 93AR1363-3, effective date January 12, 1994, regulating
emissions at the five grinding booths-hand and associated baghouse.
(4) Permit 93AR1363-4, effective date January 12, 1994, regulating
emissions at the Muller-25 sand system and associated baghouse.
(5) Permit 93AR1363-5, effective date January 12, 1994, regulating
emissions at the Coleman core oven-sand.
(6) Permit 93AR1363-6, effective date January 12, 1994, regulating
emissions at the Spinner wheelabrator and associated baghouse.
(7) Permit 93AR1363-7, effective date January 12, 1994, regulating
emissions at the Sand sile-core room and associated baghouse.
(8) Permit 93AR1363-8, effective date January 12, 1994, regulating
emissions from pouring of molten iron (casting) and castings cooling.
(9) Permit 93AR1363-9 effective date January 12, 1994, regulating
emissions at three tumble blast machines and associated baghouse.
(10) Permit 93AR1363-10, effective date January 12, 1994, regulating
emissions at two mullers-80A and associated baghouse.
(11) Permit 93AR1363-11, effective date January 12, 1994, regulating
emissions at the Casting shakeout hood and associated baghouse.
(12) Permit 93AR1363-12, effective date January 12, 1994, regulating
emissions at the Casting-disamatic mold and associated baghouse.
(13) Permit 93AR1363-13, effective date January 12, 1994, regulating
emissions at the Sand silo-disamatic and associated baghouse.
(14) Permit 93AR1363-14, effective date January 12, 1994, regulating
emissions at the Sand silo-air set room and associated baghouse.
[[Page 394]]
(15) Permit 93AR1363-15, effective date January 12, 1994, regulating
emissions at two electric induction furnaces and associated baghouse.
(16) Permit 93AR1363-16, effective date January 12, 1994, regulating
emissions at two Inducto-Therm electric induction furnaces model
2000/4, serial nos. 40102 and 40103, and associated baghouse.
(17) Permit 93AR1363-17, effective date January 12, 1994, regulating
emissions from chemicals used in core making process.
(18) Permit 93AR1363-18, effective date January 12, 1994, regulating
emissions at the Loop shakeout and associated baghouse.
(19) Permit 93AR1363-19, effective date January 12, 1994, regulating
emissions at the Floor shakeout and associated baghouse.
(20) Permit 93AR1363-20, effective date January 12, 1994, regulating
emissions at the Reclaim sand and associated baghouse.
(21) Permit 93AR1363-21 effective date January 12, 1994, regulating
emissions at the Sand heater/cooler and associated baghouse.
(22) Permit 93AR1363-22, effective date January 12, 1994, regulating
emissions at the Paint spray booth.
(H) TRIGEN-Colorado Energy Corporation permit emissions limitations
at two boilers.
(1) Permit 10JE660, effective date February 25, 1997, regulating
emissions at the 4 boiler: tangential fired cogeneration steam
boiler.
(2) Permit 11JE305-1, effective date February 19, 1997, regulating
emissions at the 5 boiler: tangential fired cogeneration steam
boiler.
(I) Rocky Mountain Bottle Company emission limitations on three
furnaces.
(1) Permit 92JE129-1, effective date June 29, 1995, regulating
emissions at the KTG glass melting furnaces 1, 2 and
3.
(J) Conoco Refinery allowable emission limitations from the
refinery.
(1) Permit 90AD524, effective date March 20, 1991, regulating a
Tulsa natural gas fired 20MMbtu/hour heater equipped with low-
NOX burners.
(2) Permit 90AD053, effective date March 20, 1991, regulating
process heaters H-10, H-11 and H-27 and process boilers B4, B6, and B8
all burning fuel gas only.
(3) Permit 91AD180-3, effective December 28, 1992, regulating the
three stage Claus sulfur recovery unit with tail gas recovery unit.
(ii) Additional material. (A) Regional Air Quality Council,
``Guidelines for Reducing Air Pollution from Street Sanding'' sets
voluntary guidelines for public works departments to follow to reduce
the amount of street sand applied, and includes recommendations for
increasing the effectiveness of street cleaning operations.
(83) A revision to the Colorado State Implementation Plan was
submitted by the Governor of the State of Colorado on April 22, 1996.
The revision consists of an amendment to Colorado Air Quality Control
Commission Regulation No. 7, ``Regulation To Control Emissions of
Volatile Organic Compounds,'' to provide an exemption for beer
production and associated beer container storage and transfer operations
involving volatile organic compounds under 1.5 psia from certain bottom
or submerged filling requirements that Regulation No. 7 otherwise
imposes. The revision consists of the addition of paragraph C to section
III, ``General Requirements for Storage and Transfer of Volatile Organic
Compounds,'' of Regulation No. 7.
(i) Incorporation by reference. (A) Colorado Air Quality Control
Commission Regulation No. 7, 5 CCR 1001-9, section III, paragraph C,
adopted by the Colorado Air Quality Control Commission on March 16,
1995, State effective May 30, 1995.
(84) The Governor of Colorado submitted the Denver PM10 mobile
source emissions budget State Implementation Plan (SIP) with a letter
dated July 18, 1995. The Governor submitted the Denver NOX
mobile source emissions budget State Implementation Plan (SIP) with a
letter dated April 22, 1996. The PM10 and NOX mobile source
emissions budgets and other provisions in these SIP submittals are used
to assess conformity of transportation plans, transportation improvement
programs, and transportation projects.
(i) Incorporation by reference. (A) Colorado Air Quality Control
Commission,
[[Page 395]]
``Ambient Air Quality Standards'' regulation 5CCR 1001-14, Section A.1.
Budgets for the Denver Nonattainment Area (Modeling Domain) PM10,
Sections A.2. and A.3., and Sections B and C, adopted on February 16,
1995, effective April 30, 1995, as amended by the Colorado General
Assembly through enactment of Colorado Senate Bill 95-110, which Bill
was enacted on May 5, 1995 and signed by the Governor of Colorado on May
31, 1995. (See paragraph (c)(84)(i)(B) of this section).
(B) Colo. Rev. Stat. section 25-7-105(1)(a)(III), enacted by the
Colorado General Assembly on May 5, 1995 as part of Colorado Senate Bill
95-110 and signed by the Governor of Colorado on May 31, 1995.
(C) Colorado Air Quality Control Commission ``Ambient Air Quality
Standards'' regulation 5CCR 1001-14, Section A.1. Budgets for the Denver
Nonattainment Area (Modeling Domain) Nitrogen Oxides, as adopted June
15, 1995, effective August 30, 1995.
(85) On September 16, 1997, the Governor of Colorado submitted
revisions to Regulation No. 10 ``Criteria for Analysis of Conformity''
that incorporate the General Conformity requirements of 40 CFR part 51,
Subpart W into State regulation.
(i) Incorporation by reference. (A) Regulation No. 10 ``Criteria for
Analysis of Conformity'', 5 CCR 1001-12, as adopted on October 17, 1996,
effective December 30, 1996.
(86) On October 1, 1998, the Governor of Colorado submitted
revisions to Regulation No. 13 ``Oxygenated Fuels Program'' that
shortened the effective time period of the oxygenated fuels program for
Denver/Boulder, Colorado Springs, Fort Collins, and Longmont carbon
monoxide nonattainment areas and also reduced the required oxygen
content during certain periods.
(i) Incorporation by reference. (A) Regulation No. 13 ``Oxygenated
Fuels Program'', 5 CCR 1001-16, as adopted on January 16, 1998,
effective March 30, 1998.
(87) On September 16, 1997, the Governor of Colorado submitted
revisions to Regulations No. 3 and 7 and the Common Provisions
Regulation to update the State's list of negligibly reactive volatile
organic compounds (VOCs) and to consolidate the list of negligibly
reactive VOCs from Regulations No. 3 and 7 into the Common Provisions
Regulation. The Governor also submitted revisions to Parts A and B of
Regulation No. 3 on September 16, 1997 to amend the definition of
``applicable requirement'' and to correct typographical errors. On
August 19, 1998, the Governor submitted revisions to the Common
Provisions Regulation to update its list of negligibly reactive VOCs.
The Governor also submitted revisions to Regulation No. 7 to repeal the
requirements for control of VOC emissions from dry cleaning facilities
using perchloroethylene as a solvent.
(i) Incorporation by reference. (A) Common Provisions Regulation, 5
CCR 1001-2, Section I.G., definition of ``negligibly reactive VOCs
(NRVOCs)'' and subsection h. of the definition of ``net emissions
increase,'' adopted 12/21/95, effective 3/1/96.
(B) Regulation No. 3, ``Air Contaminant Emission Notices,'' 5 CCR
1001-5, adopted 12/21/95, effective 3/1/96, as follows: Part A,
subsection h. of the definition of ``net emissions increase'' in Section
I.B.37.; and Part B, Section IV.D.4.
(C) Regulation No. 7, ``Emissions of Volatile Organic Compounds,'' 5
CCR 1001-9, Section II.B., adopted 12/21/95, effective 3/1/96.
(D) Regulation No. 3, ``Air Contaminant Emission Notices,'' 5 CCR
1001-5, adopted 6/20/96, effective 8/30/96, as follows: Part A,
definition of ``applicable requirement'' in Section I.B.9., definition
of ``major source (for the purposes of Part C--operating permits)'' in
Section I.B.59., and Section V.C.12; and Part B, Section III.D.2.
(E) Common Provisions Regulation, 5 CCR 1001-2, Section I.G.,
definition of ``negligibly reactive VOCs (NRVOCs)'' adopted 11/21/96,
effective 1/30/97.
(F) Regulation No. 7, ``Emissions of Volatile Organic Compounds,'' 5
CCR 1001-9, Section XII., adopted 11/21/96, effective 1/30/97.
(88) On April 26, 1996, the Governor of Colorado submitted revisions
to Regulation No. 3 to allow a source to voluntarily request a permit to
limit potential to emit and to require that such permits be subject to
public participation.
[[Page 396]]
(i) Incorporation by reference. (A) Regulation No. 3, ``Air
Contaminant Emissions Notices,'' 5 CCR 1001-5, revisions adopted 5/18/
95, effective 7/30/95, as follows: part B, sections III.A.4, III.A.7,
and IV.C.4.
(89) On May 10, 2000, the Governor of Colorado submitted revisions
to Regulation No. 13 ``Oxygenated Fuels Program'' that eliminated the
Oxygenated Fuels Program for El Paso County and the Colorado Springs CO
attainment/maintenance area.
(i) Incorporation by reference. (A) Regulation No. 13 ``Oxygenated
Fuels Program'', 5 CCR 1001-16, as adopted on February 17, 2000,
effective April 30, 2000, as follows: Sections I.D.19, II.A, II.A.1,
II.A.2, II.C.1.a, II.C.1.b., and II.C.1.c.
(90) On May 10, 2000, the State of Colorado submitted maintenance
plans for the Telluride and Pagosa Springs PM10 nonattainment
areas and requested that these areas be redesignated to attainment for
the PM10 National Ambient Air Quality Standards. The
redesignation requests and maintenance plans satisfy all applicable
requirements of the Clean Air Act.
(i) Incorporation by reference. (A) Colorado Air Quality Control
Commission, ``State Implementation Plan Specific Regulations for
Nonattainment--Attainment/Maintenance Areas (Local Elements),'' 5 CCR
1001-20, revisions adopted 3/16/00, effective 5/30/00, as follows:
Section I., Pagosa Springs Attainment/Maintenance Area and Section II.,
Telluride Attainment/Maintenance Area.
(ii) Additional material. (A) January 24, 2001 letter from Margie
Perkins, Director, Colorado Air Pollution Control Division, to Richard
Long, Director, EPA Region VIII Air and Radiation Program, clarifying
the commitments of the Verification of Continued Attainment section of
the Telluride and Pagosa Springs maintenance plans.
(91) On May 10, 2000, the Governor of Colorado submitted revisions
to the Colorado State Implementation Plan consisting of: Revisions to
Regulation 12 to remove the ``Reduction of Diesel Vehicle Emissions''
program from areas outside the Denver PM10 non-attainment
area, and Regulation 9 ``Trip Reduction,'' effective on January 30,
1979, is rescinded.
(i) Incorporation by reference. (A) Revisions to Colorado Air
Quality Control Commission Regulation No. 12, 5 CCR 1001-15, adopted by
the Colorado Air Quality Control Commission on March 16, 2000, State
effective May 30, 2000.
(92) On May 11, 2012, Colorado submitted a revision to its State
Implementation Plan (SIP) that addresses updates to Colorado's
Regulation Number 10, Criteria for Analysis of Conformity, of the
Colorado SIP. EPA is approving the May 11, 2012 revisions to Regulation
No. 10 that update sections I, II, III, IV, and V so as to meet federal
transportation conformity consultation requirements. EPA is also
approving the removal of former Part A, Determining Conformity of
General Federal Actions to State or Federal Implementation Plans, from
the SIP.
(i) Incorporation by reference.
(A) Colorado's Regulation Number 10, Criteria for Analysis of
Conformity, except section VI, Statements of Basis, Specific Statutory
Authority, and Purpose, as adopted by the Colorado Air Quality Control
Commission on December 15, 2011 and state effective on January 30, 2012.
(93) On June 7, 2001, the Governor of Colorado submitted a revision
to the long-term strategy portion of Colorado's State Implementation
Plan (SIP) for Class I Visibility Protection. The revision was made to
incorporate into the SIP emissions reduction requirements for the Craig
Station (a coal-fired steam generating plant located near the town of
Craig, Colorado). This SIP revision is expected to remedy Craig
Station's contribution to visibility impairment in the Mt. Zirkel
Wilderness Area.
(i) Incorporation by reference. (A) Revision of Colorado's State
Implementation Plan for Class I Visibility Protection: Craig Station
Units 1 and 2 Requirements, Section III, effective on April 19, 2001.
(94) On August 8, 1996, the Governor of Colorado submitted revisions
to Regulation No. 3, ``Air Contaminant Emissions Notices,'' that exempt
gasoline stations located in ozone attainment areas from construction
permit requirements, with the exception of
[[Page 397]]
those gasoline stations located in the Denver Metro ozone attainment
maintenance area. The Governor also submitted revisions to Regulation
No. 7, ``Emissions of Volatile Organic Compounds,'' that state the
provisions of Regulation No. 7 shall apply only to ozone nonattainment
areas and the Denver Metro Attainment Maintenance Area with the
exception of Section V, Paragraphs VI.B.1 and 2., and Subsection VII.C.,
which shall apply statewide.
(i) Incorporation by reference. (A) Part B, section III. D.1.f of
Regulation No. 3 ``Air Contaminant Emissions Notices'', 5 CCR 1001-5, as
adopted on March 21, 1996, effective May 30, 1996.
(B) Section I.A.1 of Regulation No. 7 ``Emissions of Volatile
Organic Compounds'', 5 CCR 1001-9, as adopted on March 21, 1996,
effective May 30, 1996.
(95) On July 30, 2001, the State of Colorado submitted a maintenance
plan for the Denver PM10 nonattainment area and requested
that the area be redesignated to attainment for the PM10
National Ambient Air Quality Standards. The maintenance plan deletes
from the SIP Regulation No. 12, ``Diesel Inspection/Maintenance
Program'' and permits for six stationary sources incorporated by
reference in paragraphs (c)(91)(i)(A) and (c)(82)(i)(E) through (J), of
this section respectively. In conjunction with the maintenance plan,
Colorado revised previously approved regulations and requirements to
control particulate matter (Regulation No. 1 and Regulation No. 16.)
Among other changes, the revision to Regulation No. 1 includes the
deletion of section VII.B of Regulation No. 1 from the SIP. Among other
changes, the revision to Regulation No. 16 includes the deletion of
sections III and IV of Regulation No. 16 from the SIP. The redesignation
request, maintenance plan, and revisions to Regulations Nos. 1 and 16
satisfy all applicable requirements of the Clean Air Act.
(i) Incorporation by reference. (A) Section VII and VIII.A of
Regulation No. 1, ``Emission Control for Particulates, Smokes, Carbon
Monoxide, & Sulfur Oxides,'' 5 CCR 1001-3, as adopted August 16, 2001
and effective September 30, 2001. (See paragraph (c)(95)(ii)(I) of this
section regarding clerical error in section VIII.A of Regulation No. 1.)
(B) Sections I and II, Regulation No. 16, ``Street Sanding
Emissions,'' 5 CCR 1001-18, as adopted April 19, 2001, effective June
30, 2001.
(ii) Additional material. (A) Letter dated September 5, 2001 from
Casey Shpall, Colorado Office of the Attorney General to Cindy
Rosenberg, EPA Region 8, clarifying that public notice was given of the
proposed changes and transmitting the appropriate documentation.
(B) Fax dated September 6, 2001 from Doug Lempke, Colorado
Department of Public Health and Environment, to Cindy Rosenberg, EPA
Region 8, submitting Colorado Attorney General's opinion concerning
revisions to Regulation No. 16.
(C) Letter dated September 10, 2001 from Kevin Briggs, Colorado
Department of Public Health and Environment, to Kevin Golden, EPA Region
8, transmitting model input files for maintenance demonstration.
(D) Letter dated September 13, 2001 from Casey Shpall, Colorado
Office of the Attorney General to Cindy Rosenberg, EPA Region 8,
explaining that an error occurred in the publication of Colorado
Regulation No. 1.
(E) Letter dated November 27, 2001 from Margie Perkins, Colorado
Department of Public Health and Environment, to Richard Long, EPA Region
8, transmitting the justification for the revised street sweeping
credits used in the PM10 maintenance plan.
(F) Letter dated April 5, 2002 from Margie Perkins, Colorado
Department of Public Health and Environment, to Richard Long, EPA Region
8, transmitting a supplement to the Technical Support Documentation
correcting the emission rates used in the PM10 maintenance
plan for Conoco and Ultramar Diamond Shamrock.
(G) Complaint and Consent Decree in United States v. Conoco Inc.,
entered by the United States District Court for the Southern District of
Texas on April 29, 2002.
(H) July 31, 2002 memorandum from Cindy Rosenberg, EPA Region 8, to
the Denver PM10 Redesignation and Maintenance Plan Docket,
regarding the August 16, 2001 version of Regulation
[[Page 398]]
No. 1, ``Emission Control for Particulates, Smokes, Carbon Monoxide, &
Sulfur Oxides.''
(I) Letter dated July 31, 2002 from Frank R. Johnson, Assistant
Attorney General, Colorado Department of Law, to Jonah Staller, EPA
Region 8, explaining a clerical error in the version of Regulation No. 1
referenced in paragraph (c)(95)(i)(A) of this section, assuring the
continued enforceability of section VIII.A of Regulation No. 1
regardless of the air quality classification of the Denver area, and
indicating that the clerical error will be promptly remedied.
(96) On May 10, 2000, the Governor of Colorado submitted SIP
revisions to Colorado's Regulation No. 11 ``Motor Vehicle Emissions
Inspection Program'' that supersede and replace all earlier versions of
the Regulation (except Appendices A and B of Regulation No. 11 as
approved in paragraph (c)(80)) and make several changes to the motor
vehicle inspection and maintenance requirements including the
implementation of a remote sensing device (RSD) program for the Denver
metropolitan area. On May 10, 2000, the Governor also submitted SIP
revisions to Colorado's Regulation No. 13 : ``Oxygenated Fuels Program''
that supersede and replace all earlier versions of the Regulation and
modify the oxygenated fuel requirements for the Denver metropolitan
area.
(i) Incorporation by reference. (A) Regulation No. 11 ``Motor
Vehicle Emissions Inspection Program'', 5 CCR 1001-13, as adopted on
January 10, 2000, effective March 1, 2000, as follows: Part A, Part B,
Part C, Part D, Part E, and Part F.
(B) Regulation No. 13 ``Oxygenated Fuels Program'', 5 CCR 1001-16,
as adopted on January 10, 2000, effective March 1, 2000, as follows:
Sections I.A., I.B., I.C., I.D., I.E., II.A, II.B., II.C., II.D., II.E.,
II.F., II.G., and II.H.
(97) On November 9, 2001, the State of Colorado submitted a
maintenance plan for the Aspen PM10 nonattainment area and
requested that this area be redesignated to attainment for the
PM10 National Ambient Air Quality Standards. The
redesignation request and maintenance plan satisfy all applicable
requirements of the Clean Air Act.
(i) Incorporation by reference. (A) Colorado Air Pollution Control
Division, ``State Implementation Plan--Specific Regulations for
Nonattainment--Attainment/Maintenance Areas (Local Areas),'' 5 CCR 1001-
20, revisions adopted January 11, 2001, effective February 28, 2001 as
follows: Section III, which is titled ``Aspen/Pitkin County
PM10 Attainment/Maintenance Area,'' and which supersedes and
replaces all prior versions of Section III.
(98) On November 5, 1999 the Governor of Colorado submitted a
revision to Regulation No. 1, ``Emission Control for Particulates,
Smokes, Carbon Monoxide and Sulfur Dioxide.'' The November 5, 1999
submittal exempts military training exercises at the United States Army
Installation Fort Carson and United States Army Pinon Canon Maneuver
Site (PCMS) from opacity limits. A new subsection D to Regulation No. 1,
section II, has been approved into the SIP.
(i) Incorporation by reference. (A) Colorado Regulation No. 1,
section II, subsection D effective September 30, 1998.
(99) On August 9, 2002, the Governor of Colorado submitted SIP
revisions to Colorado's Regulation No. 11 ``Motor Vehicle Emissions
Inspection Program'' that eliminate the requirement in the SIP for the
implementation of a motor vehicle inspection and maintenance program in
Larimer County (which includes the Fort Collins area) after January 1,
2004. On August 9, 2002, the Governor also submitted SIP revisions to
Colorado's Regulation No. 13 ``Oxygenated Fuels Program'' that eliminate
the oxygenated fuel requirements for Larimer County (which includes the
Fort Collins area) after January 1, 2004, and make changes to sections
I.D., II.A., II.B., II.C., II.D., II.E., II.F., II.G., and II.H. On
August 9, 2002, the Governor also submitted SIP revisions to Colorado's
State Implementation Plan Specific Regulations for Nonattainment and
Attainment/Maintenance Areas (Local Elements) that eliminate Clean Air
Act section 172(c)(9) carbon monoxide contingency measures for the Fort
Collins area. We originally approved these contingency measures on
December 23, 1997, and our approval was codified in paragraph (c)(71) of
this section.
[[Page 399]]
(i) Incorporation by reference. (A) Regulation No. 11 ``Motor
Vehicle Emissions Inspection Program'', 5 CCR 1001-13, Part A.I, as
adopted on July 18, 2002, and effective September 30, 2002.
(B) Regulation No. 13 ``Oxygenated Fuels Program'', 5 CCR 1001-16,
except for section III, the last sentence in Section II.C.1.c.v., ``This
Section II.C.1.c.v. is repealed effective February 1, 2019 and is
replaced by the requirements in Section II.C.1.c.vi. below beginning
November 1, 2019.,'' and Section II.C.1.c.vi., as adopted on July 18,
2002, effective September 30, 2002, which supersedes and replaces all
prior versions of Regulation No. 13.
(100) EPA is approving a SIP revision submitted by the Governor of
Colorado on July 31, 2002, concerning the use of credible evidence for
determining compliance and establishing violations. The July 31, 2002
submittal revises Colorado Air Quality Control Commission (AQCC) Common
Provisions Regulation by adding Section II.I, Compliance Certifications.
Section II.I of Colorado AQCC Common Provisions Regulation is approved
into the SIP.
(i) Incorporation by reference. (A) Colorado Air Quality Control
Commission Common Provisions Regulation, Section II.I, effective
September 30, 2001.
(101) On July 31, 2002, the State of Colorado submitted a
maintenance plan for the Steamboat Springs PM10 nonattainment
area and requested that this area be redesignated to attainment for the
PM10 National Ambient Air Quality Standards. The
redesignation request and maintenance plan satisfies all applicable
requirements of the Clean Air Act.
(i) Incorporation by reference. (A) Colorado Air Quality Control
Commission, ``State Implementation Plan--Specific Regulations for
Nonattainment--Attainment/Maintenance Areas (Local Elements),'' 5 CCR
1001-20, revisions adopted November 15, 2001, effective December 30,
2001 as follows: Section VIII., titled ``Steamboat Springs
PM10 Attainment/Maintenance Area'' and supersedes and
replaces all prior versions of Section VIII.
(102) [Reserved]
(103) On April 12, 2004, the Governor of Colorado submitted
revisions to Regulation No. 11 ``Motor Vehicle Emissions Inspection
Program'' that eliminated the Federal applicability of the Basic I/M
program for El Paso County and the Colorado Springs CO attainment/
maintenance area.
(i) Incorporation by reference. (A) Regulation No. 11 ``Motor
Vehicle Emissions Inspection Program'', 5 CCR 1001-13, as adopted on
December 18, 2003, effective March 1, 2004, as follows: Part A.I.,
``Applicability,'' final sentence of paragraph 2.
(104) On June 20, 2003, the Governor of Colorado submitted SIP
revisions to Colorado's Regulation No. 11 ``Motor Vehicle Emissions
Inspection Program'' that eliminate the requirement in the SIP to
implement a motor vehicle inspection and maintenance program in Weld
County (which includes the Greeley area) after January 1, 2004. On June
20, 2003, the Governor also submitted SIP revisions to Colorado's
Regulation No. 13 ``Oxygenated Fuels Program'' that eliminate the
oxygenated fuel requirements for Weld County (which includes the Greeley
area) after January 1, 2004.
(i) Incorporation by reference. (A) Regulation No. 11 ``Motor
Vehicle Emissions Inspection Program'', 5 CCR 1001-13, Part A.I, second
sentence that reads, ``The provisions of this regulation applicable to
Larimer and Weld counties shall not be included in the state
implementation plan after January 1, 2004.'', as adopted on December 19,
2002, and effective March 2, 2003.
(B) Regulation No. 13 ``Reduction of Carbon Monoxide Emissions from
Gasoline Powered Motor Vehicles through the use of Oxygenated
Gasolines,'' 5 CCR 1001-16, Part I.D.15, Part II.A, Part II.C, as
adopted on December 19, 2002, and effective March 2, 2003.
(105) Revisions to the Long-Term Strategy of Colorado's State
Implementation Plan for Class I Visibility Protection (Visibility SIP),
as submitted by the Governor on April 12, 2004. The revisions update
strategies, activities, and plans that constitute reasonable progress
toward the National visibility goal.
(i) Incorporation by reference. (A) ``Revision of the Long-Term
Strategy,'' (Part II of the January 31, 2002 document entitled ``Long-
Term Strategy Review and Revision of Colorado's
[[Page 400]]
State Implementation Plan for Class I Visibility Protection,'')
effective on February 21, 2002.
(106) On July 31, 2002, the State of Colorado submitted a
maintenance plan for the Lamar PM10 nonattainment area and
requested that this area be redesignated to attainment for the
PM10 National Ambient Air Quality Standards. The
redesignation request and maintenance plan satisfy all applicable
requirements of the Clean Air Act.
(i) Incorporation by reference. (A) Colorado Air Quality Control
Commission, ``State Implementation Plan--Specific Regulations for
Nonattainment--Attainment/Maintenance Areas (Local Elements),'' 5 CCR
1001-20, revisions adopted November 15, 2001, effective December 30,
2001 as follows: Section IV, titled ``Lamar Attainment/Maintenance
Area,'' and which supersedes and replaces all prior versions of Section
IV.
(ii) Additional material. (A) Colorado Department of Public Health
and Environment, ``Natural Events Action Plan for High Wind Events,
Lamar, Colorado,'' submitted to EPA on February 9, 1998 and subsequently
approved by EPA, June 5, 1998 and Lamar's revised 2003 ``Natural Events
Action Plan for High Wind Events, Lamar, Colorado,'' submitted to EPA on
April 16, 2003 and subsequently approved by EPA, February 9, 2004.
(107) On July 21, 2004, the Governor submitted revisions to the
Colorado State Implementation Plan for Colorado's Common Provisions
Regulation that contained a definition for condensate. On July 21, 2004,
and on March 24, 2005, the Governor also submitted revisions to the
Colorado State Implementation Plan for Colorado's Regulation No. 7
``Emissions of Volatile Organic Compounds'' that made several changes
and additions to sections I.A., I.B., II.A and added new sections XII
and XVI. The March 24, 2005 version of Regulation No. 7 superceded and
replaced portions of the July 21, 2004 version of Regulation No. 7. On
June 20, 2003, April 12 2004, and July 21, 2004, the Governor of
Colorado submitted revisions to the Colorado State Implementation Plan
for Colorado's Regulation No. 11 ``Motor Vehicle Emissions Inspection
Program.''
(i) Incorporation by reference. (A) Common Provisions Regulation, 5
CCR 1001-2, as adopted on March 12, 2004, effective on May 30, 2004, as
follows: Section I.G, definition of ``Condensate.''
(B) Regulation No. 7 ``Emissions of Volatile Organic Compounds,'' 5
CCR 1001-9, as adopted on March 12, 2004, effective on May 31, 2004, as
follows: Sections I.A.1, I.A.1.a, I.A.1.b, I.A.1.c, I.B.1.b, and
I.B.2.f. As adopted on December 16, 2004, effective March 2, 2005, as
follows: Sections I.A.2, II.A.16, II.A.17, XII, and XVI.
(C) Regulation No. 11 ``Motor Vehicle Emissions Inspection
Program,'' 5 CCR 1001-13, with changes most recently adopted on March
12, 2004, effective May 31, 2004, as follows: Part A, Part B, Part C,
Part D, Part E, Part F, and Appendices A and B, except for the following
sentence in Part A.I, which is being acted on separately: ``The
provisions of this regulation applicable to Larimer and Weld counties
shall not be included in the state implementation plan after January 1,
2004.'' On August 8, 2006, Colorado submitted revisions to Colorado's
Regulation Number 11--Motor Vehicle Emissions Inspection Program, part
F, section III.A.2, that EPA approved and that superseded the version of
section III.A.2 that EPA incorporated by reference in this paragraph.
See Sec. 52.329(f).
(ii) Additional material. (A) March 22, 2005, letter from Margie
Perkins, Director, Air Pollution Control Division, Colorado Department
of Public Health and Environment, to Richard Long, Director, Air and
Radiation Program, EPA Region VIII. This letter contained commitments
from the State to adhere to and address the continuing planning process
requirements contained in the ``Maintenance for Growth'' provisions of
EPA's ``Protocol for Early Action Compacts Designed to Achieve and
Maintain the 8-Hour Ozone Standards.''
(108) Revisions to the Long-Term Strategy of Colorado's State
Implementation Plan for Class I Visibility Protection (Visibility SIP),
as submitted by the Governor on March 24, 2005. The revisions update
strategies, activities, and monitoring plans that
[[Page 401]]
constitute reasonable progress toward the National visibility goal.
(i) Incorporation by reference. (A) ``Revision of the Long-Term
Strategy,'' Part II of the November 18, 2004 document entitled ``Long-
Term Strategy Review and Revision of Colorado's State Implementation
Plan for Class I Visibility Protection,'' effective November 18, 2004.
(B) Colorado Air Quality Control Commission Regulation No. 3,
``Stationary Source Permitting and Air Pollutant Emission Notice
Requirements,'' 5 CCR 1001-5, Part D, Section XIV, Visibility,
Subsections A through F, effective April 16, 2004.
(C) Colorado Air Quality Control Commission, Regulation Number 3, 5
CCR 1001-5, Stationary Source Permitting and Air Pollutant Emission
Notice Requirements, Part D, Concerning Major Stationary Source New
Source Review and Prevention of Significant Deterioration, Section
XIV.F, Long Term Strategy, subsection XIV.F.1. introductory text and
XIV.F.1.c; adopted January 7, 2011; effective February 14, 2011.
(109) A revision to the State Implementation Plan was submitted by
the State of Colorado on July 31, 2002. The submittal revises the Common
Provisions regulation by adding affirmative defense provisions for
source owners and operators for excess emissions during periods of
startup and shutdown.
(i) Incorporation by reference.
(A) Common Provisions Regulation, 5 CCR 1001-2, sections II.J.1
through II.J.4, adopted August 16, 2001, effective September 30, 2001.
(110) A Revision to the State Implementation Plan was submitted by
the State of Colorado on April 12, 2004. The revision corrects a
clerical error in Section VIII.A of Regulation No. 1.
(i) Incorporation by reference.
(A) Colorado Regulation No. 1, 5CCR 1001-3, Section VIII.A, adopted
June 19, 2003, effective August 31, 2003.
(111) On August 8, 2006, the Governor of Colorado submitted SIP
revisions to Colorado's Regulation No. 11 ``Motor Vehicle Emissions
Inspection Program'' that repeals the basic vehicle emissions inspection
program in the Fort Collins and Greeley areas.
(i) Incorporation by reference.
(A) Regulation No. 11 ``Motor Vehicle Emissions Inspection
Program,'' 5CCR1001-13, Part A.1 and Part A.IV, as adopted on November
17, 2005, and effective January 30, 2006.
(112) On August 3, 2007, the Governor of Colorado submitted
revisions to the Colorado's Regulation No. 7 ``Emissions of Volatile
Organic Compounds'' that made several changes and additions to Section
XII, ``Volatile Organic Compound Emissions From Oil and Gas
Operations.''
(i) Incorporation by reference.
(A) Regulation No. 7 ``Emissions of Volatile Organic Compounds,'' 5
CCR 1001-9, Section XII, ``Volatile Organic Compound Emissions From Oil
and Gas Operations,'' effective on March 4, 2007.
(113) On August 1, 2007, the State of Colorado submitted revisions
to Colorado's Common Provisions Regulation, 5 CCR 1001-2, that made
changes and additions to Section I, ``Definitions, Statement of Intent,
and General Provisions Applicable to All Emission Control Regulations
Adopted by the Colorado Air Quality Control Commission,'' and Section
II, ``General.''
(i) Incorporation by reference.
(A) Common Provisions Regulation, 5 CCR 1001-2, Section I.G,
``Definitions,'' effective on March 4, 2007.
(1) The submittal revises Section I.G by removing the definition of
``upset conditions'' and replacing it with the definition of
``malfunction.''
(B) Common Provisions Regulation, 5 CCR 1001-2, Section II.E,
``Affirmative Defense Provision for Excess Emissions During
Malfunctions,'' effective on March 4, 2007.
(2) The submittal revises Section II.E by removing language which
provided an exemption for excess emissions during upset conditions and
breakdowns and replacing it with an affirmative defense provision for
source owners and operators for excess emissions during malfunctions.
(114) [Reserved]
(115) On July 31, 2003, the State of Colorado submitted revisions to
Colorado's 5 CCR 1001-3, Regulation 1, that deleted Sections II.A.6,
A.7, A.9 and C.3, regarding, respectively, alfalfa dehydrating plant
drum dryers, wigwam burners, the static firing of Pershing missiles and
a notice regarding waste
[[Page 402]]
materials. The State also deleted emission limitations for alfalfa plant
drum dyers by removing Section III.C.2. Colorado's deletion of Sections
II. A6, A.7 and A.9 and Section III.C.2 will cause a numbering change of
subsequent paragraphs within Sections II.A and III.C. EPA is adopting
the new numbering scheme for sections II.A. and III C. Section II.C.2.d.
regarding agricultural open burning is modified to include the burning
of diseased animal carcasses to prevent a public health emergency.
Section III.A.1.d is modified for incorporation of new State's method
for calculating emissions from multiple fuel burning units ducted to a
common stack. Section V is added regarding emission standards for
electric arc furnaces, except for the director's discretion provision
provided for in Section V.A.2. Sections VI.A.3.e, VI.A.3.f, VI.B.4.e,
and VI.B.4.g(ii) are modified regarding the methods used for the
averaging of emissions over a 24 hour period.
(i) Incorporation by reference.
(A) 5 CCR 1001-3, Regulation 1, Emission Control for Particulates,
Smokes, Carbon Monoxide and Sulfur Oxides, Section II, Smoke and
Opacity, Section II.C.2.d, effective March 2, 2002.
(B) 5 CCR 1001-3, Regulation 1, Emission Control for Particulates,
Smokes, Carbon Monoxide and Sulfur Oxides, Section III, Particulate
Matter, Fuel Burning Equipment, Section III.A.1.d, effective September
30, 2001.
(C) 5 CCR 1001-3, Regulation 1, Emission Control for Particulates,
Smokes, Carbon Monoxide and Sulfur Oxides, Section V, Emission Standard
for Existing Iron and Steel Plant Operations, effective September 30,
2001.
(1) The submittal contains Section V.A.2 with the language:
``Emissions from gas-cleaning device shall not exceed a mass
emission rate of 0.00520 gr/dscf of filterable particulates maximum two-
hour average, as measured by EPA Methods 1-4 and the front half of
Method 5 (40 CFR 60.275, and Appendix A, Part 60), or by other credible
method approved by the Division. This particulate emissions standard
does not include condensable emissions, or the back half emissions of
Method 5''. The language ``or by other credible method approved by the
Division'' is disapproved. The language ``Appendix A, Part 60'' is
changed to ``appendices A1 through A3, Part 60'' in order to comply with
the current nomenclature of Part 60.
(D) 5 CCR 1001-3, Regulation 1, Emission Control for Particulates,
Smokes, Carbon Monoxide and Sulfur Oxides, Section VI, Sulfur Dioxide
Emission Regulations, Sections VI.A.3.e, VI.A.3.f, VI.B.4.e, and
VI.B.4.g(ii), effective September 30, 2001.
(1) Sections VI.B.4.e and VI.B.4.g(ii) list an emission rate of 0.7
lbs. sulfur dioxide, for the sum of all SO2 emissions from a
given refinery per barrel of oil processed, per day. This emission rate
is disapproved. The emission rate remains unchanged at 0.3 lbs. All
remaining language within Sections VI.B.4.e and VI.B.4.g(ii) is
approved.
(116) On June 20, 2003, the State of Colorado submitted revisions to
Colorado's Regulation 3 Regulation, 5 CCR 1001-5, that place
restrictions on increment consumption, add innovative control technology
as an alternative to BACT requirements, and changed or deleted numerous
definitions in Part A. The State in Part B revised construction permit
review requirements regarding RACT for minor sources in attainment/
maintenance areas. The State made the restrictions on maximum allowable
increases of sulfur dioxide concentrations over baseline concentrations
in Class I areas also applicable to certain Class II areas, such as
certain National Monuments that are not Class I areas. Increment
consumption restrictions were added to limit major stationary sources
from consuming more than 75 percent of an applicable increment. The
State added the use of innovative control technology by a source in lieu
of BACT requirements in order to encourage the use of such technology.
The revisions to both Parts and B also included minor changes designed
to fix ambiguous language, to make the definitions more readable or to
delete obsolete or duplicative definitions. On April 12, 2004, the State
of Colorado submitted a minor revision to Part A, Section I.A regarding
the availability of material incorporated by reference.
(i) Incorporation by reference.
[[Page 403]]
(A) Regulation 3, 5 CCR 1001-5, AIR CONTAMINANT EMISSIONS NOTICES,
Part A, Concerning General Provisions Applicable to Construction Permits
and Operating Permits, effective December 2002 and April 2003 with the
following exceptions:
(1) Section I.B.36.b.(iii)(G) provisions related to Pollution
Control Projects
(2) Section I.B.40.c.(ii) Submittal of an application for a nonroad
engine permit, State-only requirement
(3) Section IV. C., Emissions Trading under Permit Caps
(4) Section V.F.5, Criteria for Approval of all Transactions,
deleting the requirement that trading transactions may not be used
inconsistently with or to circumvent requirements of LAER
(B) Regulation 3, 5 CCR 1001-5, AIR CONTAMINANT EMISSIONS NOTICES,
Part B, Concerning Construction Permits including Regulations for the
Prevention of Significant Deterioration (PSD), Area Classifications,
Part B, Section V.B., effective December 2002 with the following
exceptions:
(1) Section III.D.1.c(iii), Exemption from Construction Permit
Requirements, Uncontrolled Emissions
(2) Section IV.B.2, Application for a Construction Permit, and
Section IV.H.8, Application for a Final Permit, regarding operating and
maintenance plans and recordkeeping formats.
(117) On June 18, 2009, the State of Colorado submitted an 8-Hour
Ozone Attainment Plan for the Denver Metro Area/North Front Range area
to meet the requirements of 40 CFR 81.300(e)(3)(ii)(D) for the 1997 8-
hour ozone NAAQS. On the same date, the State of Colorado also submitted
revisions to portions of Part A, ``Concerning General Provisions
Applicable to Reporting and Permitting,'' and Part B, ``Concerning
Construction Permits,'' of Colorado's Regulation No. 3, ``Air
Contaminant Emissions Notices,'' and to Sections I through XVI of
Colorado's Regulation No. 7, ``Control of Ozone Via Ozone Precursors
(Emissions of Volatile Organic Compounds and Nitrogen Oxides).'' EPA is
approving the Ozone Attainment Plan except for the last paragraph on
page IV-1 and the first paragraph on page IV-2, the words ``federally
enforceable'' in the second to last paragraph on page V-6, and the
reference to Attachment A in the Table of Contents and on page IV-3. EPA
is disapproving the excepted language from the Ozone Attainment Plan.
EPA is approving the revisions to portions of Parts A and B of
Colorado's Regulation No. 3. For purposes of this action, Colorado
Regulation No. 3, Part B, Sections II.D.1.k, l, m, and n, as
incorporated below, should be considered an addition to and as
immediately following Colorado Regulation Number 3, Part B, Sections
III.D.1.a through j, as previously approved by EPA. EPA is approving the
revisions to Sections I through XI and XIII through XVI of Colorado's
Regulation No. 7, except for Colorado's repeal of section II.D. EPA is
disapproving Colorado's repeal of Section II.D and Colorado's revisions
to Section XII of Regulation No. 7. EPA is not acting on the provisions
in Regulation No. 7 that are designated ``State Only.''
(i) Incorporation by reference.
(A) 5 CCR 1001-5, Colorado Regulation No. 3, ``Air Contaminant
Emissions Notices,'' Part A, ``Concerning General Provisions Applicable
to Reporting and Permitting,'' Sections II.D.1.m, II.D.1.ee, II.D.1.uu,
II.D.1.ccc, II.D.1.ddd, II.D.1.uuu, and II.D.1.eeee, effective January
30, 2009.
(B) 5 CCR 1001-5, Colorado Regulation No. 3, ``Air Contaminant
Emissions Notices,'' Part B, ``Concerning Construction Permits,''
Sections II.D.1.k, l, m, and n, effective January 30, 2009.
(C) Letter dated November 18, 2009 from the Office of the Colorado
Attorney General, signed by Jerry Goad, to Candy Herring, Office of the
Colorado Secretary of State, regarding clerical errors in Regulation No.
7, and those portions of 5 CCR 1001-9, Colorado Regulation No. 7,
``Control of Ozone Via Ozone Precursors (Emissions of Volatile Organic
Compounds and Nitrogen Oxides),'' Section II.C.1 that accompanied such
letter, except for the following: the parenthetical phrase ``(State
Only: Located in any Ozone Nonattainment Area or Attainment Maintenance
Area)'' at II.C.1; Section II.C.1.a.(v); Section II.C.1.c; and Section
II.C.1.d.
(D) 5 CCR 1001-9, Colorado Regulation No. 7, ``Control of Ozone Via
Ozone Precursors (Emissions of Volatile Organic
[[Page 404]]
Compounds and Nitrogen Oxides),'' Sections I through XI and XIII through
XVI, effective January 30, 2009, except for the following: Section
I.A.1.b; Section I.B.1.b; Section I.B.2.b; Section I.B.2.d; Section
II.A.12; Section II.C.1; and the repeal of Section II.D.
(118) On June 20, 2003, the State of Colorado submitted revisions to
Colorado's Common Provisions Regulation, 5 CCR 1001-2, that revised the
definitions of continuous monitoring system, emergency power generator,
enforceable, federally enforceable, manufacturing process or process
equipment, and volatile organic compounds. Deleted definitions included
but were not limited to actual emissions, Best Available Control
Technology (BACT), Lowest Achievable Emission Rate (LAER), and what
conditions determine the modification of a source. These definitions
were deleted in the Common Provisions because they appear in Colorado's
Regulation 3. The State clarified that fuel burning equipment emissions
are considered a part of the manufacturing process emissions when the
emissions are vented through a common stack.
However, fuel burning equipment emissions vented from a separate
stack are subject to regulations unique to fuel burning equipment. In
addition, the State deleted and reserved Section III of the Common
Provisions regarding smoking gasoline powered motor vehicles. The
provisions regarding smoking gasoline powered motor vehicles were
considered by the State to be obsolete. The revisions to the Common
Provisions also included minor changes designed to fix ambiguous
language, to make the definitions more readable or to delete obsolete or
duplicative definitions.
(i) Incorporation by reference.
(A) 5 CCR 1001-2, COMMON PROVISIONS REGULATION, Section 1.,
Definitions, Statement of Intent, and General Provisions Applicable to
all Emission Control Regulations Adopted by the Colorado Air Quality
Control Commission, except I.G, the definitions for ``Construction'' and
``Day''; Section II, General, except II.E, II.I, and II.J; effective on
September 30, 2002.
(119) The State of Colorado submitted revisions on September 16,
1997, June 20, 2003, July 11, 2005, August 8, 2006 and August 1, 2007 to
Colorado's 5 CCR 1001-5 Regulation Number 3, Part A, Section II. The
August 1, 2007 submittal included a renumbering of sections in II.B and
II.D. The incorporation by reference in (c)(119)(i)(A) reflects the
renumbered provisions as of the August 1, 2007 submittal. Additionally,
the State of Colorado deleted sections II.B.7., II.B.8., II.B.9.,
II.B.10., and II.D.7. without replacement. The deletion of these
provisions has been incorporated by reference at (c)(72)(i)(F) of this
section, the paragraph containing the original incorporation by
reference of the provisions.
(i) Incorporation by reference.
(A) 5 CCR 1001-5, Regulation 3, Stationary Source Permitting and Air
Pollutant Emission Notice Requirements, Part A, Concerning General
Provisions Applicable to Reporting and Permitting, Section II, Air
Pollutant Emission Notice (APEN) Requirements, Sections II.A, Air
Pollutant Emission Notices for New, Modified, and Existing Sources; II.
B, General; II.B.1, Emission Estimate; II.B.1.b, Other engineering
calculations; II.B.2, Air Pollutant Emission Notice Term; II.B.3, APEN
Applicability; II.B.3.a, Criteria Pollutants; II.B.4.a; II.B.4.b;
II.B.4.c; II.B.4.d; II.B.4.e; II.B.4.f; the undesignated text
immediately following II.B.4.f and preceding II.B.5; II.B.5; II.B.6;
II.C, Revised Air Pollutant Emission Notices; II.C.1; II.C.1.a;
II.C.1.h; II.C.2; II.C.2.b; II.C.3; II.D, Exemptions from Air Pollutant
Emission Notice Requirements; II.D.1; the undesignated text immediately
following II.D.1 and preceding II.D.1.a; II.D.1.a; II.D.1.f; II.D.1.g;
II.D.1.h; II.D.1.i (excluding subprovisions); II.D.1.j; II.D.1.k;
II.D.1.n; II.D.1.x; II.D.1.y; II.D.1.aa; II.D.1.bb; II.D.1.kk;
II.D.1.nn; II.D.1.oo; II.D.1.aaa; II.D.1.bbb; II.D.1.ccc; II.D.1.fff;
II.D.1.ggg; II.D.1.lll; the undesignated text immediately following
II.D.1.lll and preceding II.D.1.mmm; II.D.1.nnn., II.D.1.ooo;
II.D.1.ppp; II.D.1.qqq; II.D.1.rrr; II.D.1.vvv; II.D.1.www; II.D.1.yyy;
II.D.1.zzz; II.D.1.aaaa; II.D.1.bbbb; II.D.1.cccc; II.D.1.dddd; II.D.2;
II.D.3; II.D.4; II.D.5; II.D.6; effective October 30, 2006.
(120) The State of Colorado submitted revisions on October 25, 2005
and August 1, 2007 to Colorado's 5 CCR 1001-5
[[Page 405]]
Regulation Number 3, Part D. The October 25, 2005 submittal included a
renumbering of Regulation Number 3. The incorporation by reference in
paragraph (c)(120)(i)(A) on this section reflects the renumbered
sections as of the October 25, 2005 submittal. Sections were removed
from Part D between the October 25, 2005 and August 1, 2007 submittal.
The incorporation by reference in paragraph (c)(120)(i)(B) of this
section reflects the numbering of the sections as of the August 1, 2007
submittal.
(i) Incorporation by reference.
(A) 5 CCR 1001-5, Regulation 3, Stationary Source Permitting and Air
Pollutant Emission Notice Requirements, Part D, Concerning Major
Stationary Source New Source Review and Prevention of Significant
Deterioration, adopted April 16, 2004 and effective June 30, 2004:
(1) Section I, Applicability, Sections I.A., General Applicability;
I.A.1;
(2) Section II, Definitions,
(i) II.A;
(ii) II.A.1, Actual Emissions; II.A.1.a (only the language that
appears in plain or underlined text and not the language that appears as
italicized text); II.A.1.b; II.A.1.c; II.A.1.e;
(iii) II.A.3, Air Quality Related Value;
(iv) II.A.5, Baseline Area;
(v) II.A.6, Baseline Concentration;
(vi) II.A.8, Best Available Control Technology (BACT) (the language
that appears in plain or underlined text but not language that appears
as italicized text, with the following exception--EPA is incorporating
italicized text and is not incorporating underlined text when the
combined effect of that action is to replace the phrase ``air pollutant
regulated under the Federal Act'' (or an equivalent phrase) with the
term ``regulated NSR pollutant'');
(vii) II.A.12, Complete;
(viii) II.A.16, Federal Land Manager (FLM);
(ix) II.A.19, Innovative Control Technology;
(x) II.A.21, Lowest Achievable Emission Rate (LAER); II.A.21.a;
II.A.21.b (only the language that appears in plain or underlined text
and not the language that appears as italicized text);
(xi) II.A.23, Major Modification (the language that appears in plain
or underlined text but not language that appears as italicized text,
with the following exception--EPA is incorporating italicized text and
is not incorporating underlined text when the combined effect of that
action is to replace the phrase ``air pollutant regulated under the
Federal Act'' (or an equivalent phrase) with the term ``regulated NSR
pollutant''); II.A.23.b; II.A.23.c; II.A.23.d; II.A.23.d(i);
II.A.23.d(ii); II.A.23.d(iv); II.A.23.d.(v); II.A.23.d.(vi);
II.A.23.d.(vii); II.A.23.d.(ix); II.A.23.f;
(xii) II.A.24, Major Source Baseline Date;
(xiii) II.A.25, Major Stationary Source; II.A.25.a; II.A.25.c;
II.A.25.e; II.A.25.f;
(xiv) II.A.26, Minor Source Baseline Date;
(xv) II.A.27, Net Emissions Increase; II.A.27.a; (the language that
appears in plain or underlined text and the addition of the italicized
phrase ``With respect to any regulated NSR pollutant emitted by any
major stationary source''); II.A.27.a.(i) (only the language that
appears in plain or underlined text and not the language that appears as
italicized text); II.A.27.a.(ii) (only the language that appears in
plain or underlined text and not the language that appears as italicized
text); II.A.27.b (only the language that appears in plain or underlined
text and not the language that appears as italicized text); II.A.27.c;
II.A.27.c.(i); II.A.27.c(ii); II.A.27.c(iii); II.A.27.d; II.A.27.e;
II.A.27.f; II.A.27.g; II.A.27.g.(i); II.A.27.g.(ii); II.A.27.g.(iii)
(only the language that appears in plain or underlined text and not the
language that appears as italicized text); II.A.27.g.(iv); II.A.27.h;
II.A.27.j; II.A.27.k, Creditable Decreases for Fuel Switching;
(xvi) II.A.40, Regulated NSR Pollutant; II.A.40.a; II.A.40.b;
II.A.40.d; II.A.40.e;
(xvii) II.A.43, Secondary Emissions (only the language that appears
in plain or underlined text and not the language that appears as
italicized text);
(xviii) II.A.44, Significant; II.A.44.b; II.A.44.c;
(xix) II.A.45, Significant Emissions Increase;
(3) Section III, Permit Review Procedures;
(4) Section IV, Public Comment Requirements;
[[Page 406]]
(5) Section V, Requirements Applicable to Nonattainment Areas,
Sections V.A, Major Stationary Sources; V.A.1; V.A.2; V.A.3; V.A.3.d;
V.A.4; V.A.5; V.A.6; V.A.7, Applicability of Certain Nonattainment Area
Requirements; V.A.7.a; V.A.7.b; V.A.8, Exemptions from certain
nonattainment area requirements;
(6) Section VI, Requirements applicable to attainment and
unclassifiable areas and pollutants implemented under section 110 of the
Federal Act (Prevention of Significant Deterioration Program), Sections
VI.A, Major Stationary Sources and Major Modifications; VI.A.1, Control
Technology Review; VI.A.1.a; VI.A.1.b; VI.A.1.c (only the language that
appears in plain or underlined text and not the language that appears as
italicized text); VI.A.2, Source Impact Analysis; VI.A.3, Pre-
construction Monitoring and Analysis; VI.A.4, Post-Construction
Monitoring; VI.A.5, Operation of Monitoring Stations; VI.A.6, Additional
Impact Analysis (only the language that appears in plain or underlined
text and not the language that appears as italicized text); VI.B,
Applicability of Certain PSD Requirements; VI.B.1 through VI.B.4;
VI.B.7; VI.C, Notice to the U.S. EPA; VI.D, Major Stationary Sources in
attainment areas affecting nonattainment areas;
(7) Section VII, Negligibly Reactive Volatile Organic Compounds
(NRVOCs);
(8) Section VIII, Area Classifications, Sections VIII.A; VIII.C;
VIII.D;
(9) Section IX, Redesignation;
(10) Section X, Air Quality Limitations, Sections X.A, Ambient Air
Increments; X.A.1, X.A.2; X.A.3; X.A.4, Periodic Review;
(11) Section XI, Exclusions From Increment Consumption;
(12) Section XII, Innovative Control Technology;
(13) Section XIII, Federal Class I Areas; adopted April 16, 2004 and
effective June 30, 2004.
(B) Regulation 3, Stationary Source Permitting and Air Pollutant
Emission Notice Requirements, Part D, Concerning Major Stationary Source
New Source Review and Prevention of Significant Deterioration, Section
II, Definitions; Sections II.A; II.A.22.a; II.A.24.d; II.A.38.c;
II.A.42.a; adopted August 17, 2006 and effective October 30, 2006.
(121) On August 8, 2006, the State of Colorado submitted revisions
to Colorado's 5 CCR 1001-3, Regulation 1, that allows for the use of
obscurants during military exercises at the Fort Carson Military Base
and Pin[oacute]n Canyon Maneuver Site in Colorado while precautionary
steps are taken during the exercise to maintain air quality. The State
modified the equipment requirements and work practices (abatement and
control measures) in Regulation 1 intended to control the emissions of
particulates, smokes and SO2 from new and existing stationary
sources. Consistent with its use of the term elsewhere, the State added
the attainment/maintenance nomenclature. The revision also provides a
new numbering scheme for each section of the regulation.
The State adopted EPA test method 9 (part 60 of this title, Appendix
A-4) as it is applied to Standards of Performance for Steel Plants
(Sec. 60.275a of this title). The State revised manufacturing process
emission rates, to clarify that the applicability of the section is to
process equipment with a design rate of 30 tons per hour or less. The
averaging time for emission standards of all existing sources of
SO2 shall be a three hour rolling average. New sources of
SO2 not specifically regulated within Regulation 1 are
limited to two tons per day and are subject to BACT.
(i) Incorporation by reference.
(A) 5 CCR 1001-3, Regulation 1, Emission Control for Particulate
Matter, Smoke, Carbon Monoxide, and Sulfur Oxides, Section I.,
Applicability: Referenced Federal Regulations; Section II., Smoke and
Opacity; Section III., Particulate Matter (except Subsection
III.A.1.d.); Section IV., Continuous Emission Monitoring Requirements
for New or Existing Sources; Section V., Emission Standards for Existing
Iron and Steel Plant Operations; Section VI., Sulfur Dioxide Emission
Regulations; Section VII., Emission Regulations for Certain Electric
Generating Stations Owned and Operated by the Public Service Company of
Colorado; Section VIII., Restrictions On The Use of Oil as a Backup
Fuel; effective October 2, 2005.
(122) The State of Colorado submitted revisions October 25, 2005 to
Colorado's 5 CCR 1001-5 Regulation Number 3,
[[Page 407]]
Part A and Colorado's 5 CCR 1001-5 Regulation Number 3, Part D. The
October 25, 2005 submittal included language changes and renumbering of
Regulation Number 3. The incorporation by reference in ((i)(A) and
(i)(B) reflects the renumbered sections and language changes as of the
October 25, 2005 submittal.
(i) Incorporation by reference.
(A) 5 CCR 1001-5, Regulation 3, Stationary Source Permitting and Air
Contaminant Emission Notice Requirements, Part A, Concerning General
Provisions Applicable to Reporting and Permitting, adopted April 16,
2004 and effective June 30, 2004:
Section I, Applicability, Sections I.B, Definitions; I.B.7,
Allowable Emissions; I.B.13, Continuous Emissions Monitoring System
(CEMS); I.B.14, Continuous Emissions Rate Monitoring Systems (CERMS);
I.B.15, Continuous Parameter Monitoring System (CPMS); I.B.33, Pollution
Prevention; I.B.35, Potential to Emit; I.B.36, Predictive Emissions
Monitoring System (PEMS); adopted April 16, 2004 and effective June 30,
2004.
(B) 5 CCR 1001-5, Regulation 3, Stationary Source Permitting and Air
Contaminant Emission Notice Requirements, Part D, Concerning Major
Stationary Source New Source Review and Prevention of Significant
Deterioration, adopted April 16, 2004 and effective June 30, 2004:
(1) Section I, Applicability,
(i) I.A., General Applicability; I.A.2; I.A.3;
(ii) I.B, Applicability Tests; I.B.1; I.B.2; I.B.4 (except the final
sentence beginning, ``For example''); I.B.5;
(iii) I.C;
(2) Section II, Definitions,
(i) II.A;
(ii) II.A; II.A.1, Actual Emissions; II.A.1.a (only the language
that appears as plain or italicized text); II.A.1.c (only the language
that appears as plain text); II.A.1.d;
(iii) II.A.2, Actuals PAL;
(iv) II.A.4, Baseline Actual Emissions;
(v) II.A.7, Begin Actual Construction;
(vi) II.A.9, Clean Coal Technology;
(vii) II.A.10, Clean Coal Technology Demonstration Project;
(viii) II.A.13, Construction;
(ix) II.A.14, Emissions Unit;
(x) II.A.15, Electric Utility Steam Generating Unit;
(xi) II.A.17, High Terrain;
(xii) II.A.18, Hydrocarbon Combustion Flare;
(xiii) II.A.20, Low Terrain;
(xiv) II.A.21, Lowest Achievable Emission Rate (LAER); II.A.21.b
(only the language that appears as plain or italicized text);
(xv) II.A.22, Major Emissions Unit;
(xvi) II.A.23, Major Modification (only the language that appears as
plain and italicized text); II.A.23.d.(iii); II.A.23.d(x);
II.A.23.d(xi); II.A.23.e;
(xvii) II.A.25, Major Stationary Source; II.A.25.b (only the
language that appears as plain or italicized text);
(xviii) II.A.27, Net Emissions Increase; II.A.27.a.(i) (only the
language that appears as plain or italicized text); II.A.27.a.(ii);
II.A.27.b; II.A.27.g.(iii) (only the language that appears as plain or
italicized text); II.A.27.i;
(xix) II.A.28, Nonattainment Major New Source Review (NSR) Program;
(xx) II.A.29, PAL Effective Date;
(xxi) II.A.30, PAL Effective Period;
(xxii) II.A.31, PAL Major Modification;
(xxiii) II.A.32, PAL Permit;
(xxiv) II.A.33, PAL Pollutant;
(xxv) II.A.34, Plantwide Applicability Limitation (PAL);
(xxvi) II.A.36, Prevention of Significant Deterioration (PSD)
Permit;
(xxvii) II.A.37, Project;
(xxviii) II.A.38, Projected Actual Emissions;
(xxvix) II.A.39, Reactivation of Very Clean Coal-fired Electric
Utility Steam Generating Unit;
(xxx) II.A.41, Replacement Unit;
(xxxi) II.A.42, Repowering;
(xxxii) II.A.43, Secondary Emissions;
(xxxiii) II.A.46, Significant Emissions Unit;
(xxxiv) II.A.47, Small Emissions Unit;
(xxxv) II.A.48, Temporary Clean Coal Technology Demonstration
Project;
(3) Section V, Requirements Applicable to Nonattainment Areas,
V.A.7.c (except for the phrases, ``a Clean Unit or at'', ``a reasonable
possibility that'', and ``may result in a significant emissions
increase''); V.A.7.d;
(4) Section VI, Requirements applicable to attainment and
unclassifiable areas and pollutants implemented under section
[[Page 408]]
110 of the Federal Act (Prevention of Significant Deterioration
Program), Sections VI.A.1.c (only the language that appears as plain or
italicized text); VI.B.5 (except for the phrases, ``a Clean Unit or
at'', ``a reasonable possibility that'', and ``may result in a
significant emissions increase''); VI.B.6;
(5) Section XVII, Actuals PALs; adopted April 16, 2004 and effective
June 30, 2004.
(123) Colorado adopted revisions to its procedural rules on January
16, 1998 and submitted part of the revised procedural rules to EPA on
November 5, 1999. Colorado's procedural rules govern all procedures and
hearings before the Air Quality Control Commission (Commission) and
certain procedures and hearings before the Air Pollution Control
Division within the Colorado Department of Public Health and
Environment. The revision to the Commission's procedural rules was
intended to bring the Commission current with all applicable procedural
requirements for their official actions. The submitted portion of the
revision consisted of changes to Section 1.11.0 of the procedural rules.
The section addresses requirements under section 128 of the CAA
regarding the composition of the Commission and disclosure by its
members of potential conflicts of interest.
(i) Incorporation by reference.
(A) Department of Public Health and Environment, Air Quality Control
Commission, Procedural Rules, 5 CCR 1001-1, Section 1.11.0, State
Implementation Plan, adopted on January 16, 1998 and effective on March
30, 1998.
(ii) [Reserved]
(124) On May 25, 2011 the State of Colorado submitted revisions to
its State Implementation Plan to address the requirements of EPA's
regional haze rule.
(i) Incorporation by reference.
(A) Colorado Air Quality Control Commission, Regulation Number 3, 5
CCR 1001-5, Stationary Source Permitting and Air Pollutant Emission
Notice Requirements, Part F, Regional Haze Limits--Best Available
Retrofit Technology (BART) and Reasonable Progress (RP), Section VI,
Regional Haze Determinations, and Section VII, Monitoring,
Recordkeeping, and Reporting for Regional Haze Limits; adopted January
7, 2011; effective February 14, 2011.
(B) Colorado Air Quality Control Commission, Regulation Number 7, 5
CCR 1001-9, Control of Ozone via Ozone Precursors (Emissions of Volatile
Organic Compounds and Nitrogen Oxides), Section XVII, (State Only,
except Section XVII.E.3.a. which was submitted as part of the Regional
Haze SIP) Statewide Controls for Oil and Gas Operations and Natural Gas-
Fired Reciprocating Internal Combustion Engines, subsection E.3.a,
(Regional Haze SIP) Rich Burn Reciprocating Internal Combustion Engines;
adopted January 7, 2011; effective February 14, 2011.
(125) On August 21, 2006, the State of Colorado submitted revisions
to 5 CCR 1001-5, Regulation Number 3, Air Pollution Emission Notice and
Permitting Requirements. The August 21, 2006, submittal included
renumbering and deletions of Regulation Number 3. The incorporation by
reference in paragraphs (c)(125)(i)(A) and (B) of this section reflect
the renumbered sections, deletions and reference changes as of the
August 21, 2006, submittal.
(i) Incorporation by reference
(A) 5 CCR 1001-5, Regulation Number 3, Stationary Source Permitting
and Air Contaminant Emission Notice Requirements, Part C, Concerning
Operating Permits, Section I, Applicability, I.A., Definitions;
I.A.7.j., adopted December 15, 2005 and effective March 2, 2006.
(B) 5 CCR 1001-5, Regulation Number 3, Stationary Source Permitting
and Air Contaminant Emission Notice Requirements, Part D, Concerning
Major Stationary Source New Source Review and Prevention of Significant
Deterioration, adopted December 15, 2005 and effective March 2, 2006:
(1) Section I, Applicability, I.A., General Applicability; I.A.2.,
I.B., Applicability Tests; I.B.3., I.B.4.
(2) Section II, Definitions; II.A.; II.A.1., Actual Emissions;
II.A.1.d.; II.A.11., Complete; II.A.12., Construction; II.A.13.,
Emissions Unit; II.A.14., Electric Utility Steam Generating Unit;
II.A.15., Federal Land Manager (FLM); II.A.16., High Terrain; II.A.17.,
Hydrocarbon combustion flare; II.A.18., Innovative Control Technology;
II.A.19., Low Terrain; II.A.20., Lowest Achievable Emission Rates (LAER)
(excluding underlined
[[Page 409]]
text); II.A.21., Major Emissions Unit; II.A.22., Major Modification
(excluding II.A.22.a. and underlined text); II.A.23., Major Source
Baseline Date; II.A.24., Major Stationary Source (excluding II.A.24.d.
and underlined text); II.A.25., Minor Source Baseline Date; II.A.26.,
Net Emissions Increase (excluding underlined text); II.A.27.,
Nonattainment Major New Source Review (NSR) Program; II.A.28., PAL
Effective Date; II.A.29., PAL Effective Period; II.A.30., PAL Major
Modification; II.A.31., PAL Permit; II.A.32., PAL Pollutant; II.A.33.,
Plantwide Applicability Limitation (PAL); II.A.34., Prevention of
Significant Deterioration (PSD) Permit; II.A.35., Project; II.A.36.,
Projected Actual Emissions; II.A.37., Reactivation of Very Clean Coal-
fired Electric Utility Steam Generating Unit; II.A.38., Regulated NSR
Pollutant (excluding II.A.38.c.); II.A.39., Replacement Unit; II.A.40.,
Repowering (excluding underlined text); II.A.41., Secondary Emissions;
II.A.42., Significant (excluding II.A.42.a.) ; II.A.43., Significant
Emissions Increase; II.A.44., Significant Emissions Unit; II.A.45.,
Small Emissions Unit; II.A.46., Temporary Clean Coal Technology
Demonstration Project; XV., Actual PALs.
(ii) Additional material.
(A) Notice of Final Adoption, dated 12/15/2005, signed by Douglas A.
Lempke, Administrator, for revisions made to Regulation Number 3, Air
Pollution Emission Notice and Permitting Requirements.
(126) On May 11, 2012 and May 13, 2013 the State of Colorado
submitted revisions to the State Implementation Plan that incorporate
the required elements of the 2008 PM2.5 NSR Implementation
Rule and the 2010 PM2.5 Increment Rule.
(i) Incorporation by reference
(A) 5 CCR 1001-5, Regulation Number 3, Stationary Source Permitting
and Air Pollutant Emission Notice Requirements, Part D, Concerning Major
Stationary Source New Source Review and Prevention of Significant
Deterioration, Section II, Definitions, Section II.A.5, Baseline Area,
II.A.5.a. and II.A.5.b.; Section II.A.23., Major Source Baseline Date,
II.A.23.a. and II.A.23.b.; II.A.25., Minor Source Baseline Date,
II.A.25.a., II.A.25.b. introductory text, and II.A.25.b.(i); II.A.38,
Regulated NSR Pollutant, II.A.38.c., II.A.38.g.; II.A.42., Significant,
II.A.42.a.; Section X, Air Quality Limitations, X.A., Ambient Air
Increments, X.A.1., effective on 12/15/11.
(B) 5 CCR 1001-5, Regulation Number 3, Stationary Source Permitting
and Air Pollutant Emission Notice Requirements, Part D, Concerning Major
Stationary Source New Source Review and Prevention of Significant
Deterioration, Section II, Definitions, II.A.23., Major Source Baseline
Date, II.A.23.c., effective on 2/15/13.
(127) On June 11, 2008, June 18, 2009, and May 25, 2011 the State of
Colorado submitted revisions to 5 CCR 1001-5, Regulation 3, Parts A, B,
and D. The June 11, 2008 and June 18, 2009 submittals incorporated
changes to fee amounts which the State charges for the processing and
annual renewal of air emission permits. These fees support Colorado's
construction and operating permit programs. EPA is approving fees
submitted by the State on June 18, 2009, which superseded changes
submitted on June 11, 2008, to the extent that the fees support the
construction permit program. EPA is also approving revisions made to 5
CCR 1001-5, Regulation 3, Parts A, B, and D submitted by the State on
May 25, 2011 for Parts A, B and D.
(i) Incorporation by reference.
(A) 5 CCR 1001-5, Regulation Number 3, Stationary Source Permitting
and Air Pollutant Emission Notice Requirements, Part A, Concerning
General Provisions Applicable to Reporting and Permitting, VI. Fees,
VI.D. Fee Schedule, VI.D.1.; adopted September 18, 2008 and effective
October 30, 2008.
(B) 5 CCR 1001-5, Regulation Number 3, Stationary Source Permitting
and Air Pollutant Emission Notice Requirements, Part A, Concerning
General Provisions Applicable to Reporting and Permitting, except
Section II., Air Pollutant Emission Notice (APEN) Requirements, II.D.,
Exemptions from Air Pollutant Emission Notice Requirements, Section
II.D.1.sss, II.D.1.ttt, II.D.1.xxx, and II.D.1.ffff; and Section VI.,
Fees, VI.D., Fee Schedule, VI.D.1., adopted February 21, 2008 and
effective April 30, 2008.
(C) 5 CCR 1001-5, Regulation Number 3, Stationary Source Permitting
and Air Pollutant Emission Notice Requirements, Part B, Concerning
Construction Permits;
[[Page 410]]
adopted February 21, 2008 and effective April 30, 2008.
(D) 5 CCR 1001-5, Regulation Number 3, Stationary Source Permitting
and Air Pollutant Emission Notice Requirements, Part D, Concerning Major
Stationary Source New Source Review and Prevention of Significant
Deterioration; adopted February 21, 2008 and effective April 30, 2008:
(1) Excluding underlined text in Section II, Definitions, Section
II.A.1., Actual Emissions, II.A.1.a., II.A.1.c., and II.A.1.e.; II.A.8.,
Best Available Control Technology (BACT), first paragraph; II.A.20.,
Lowest Achievable Emissions Rate (LAER), II.A.20.b.; II.A.22., Major
Modification, introductory paragraph; II.A.24., Major Stationary Source,
II.A.24.b.; II.A.26., Net Emissions Increase, II.A.26.a.(i) and
II.A.26.g.(iii); II.A.40.5, Representative Actual Annual Emissions,
introductory paragraph and II.A.40.5(a); and, VI. Requirements
applicable to attainment and unclassifiable areas and pollutants
implemented under Section 110 of the Federal Act (Prevention of
Significant Deterioration Program), VI.A. Major Stationary Sources and
Major Modifications, VI.A.1., Control Technology Review, VI.A.1.c.; and
(2) With the following exceptions: Section II, Definitions, Section
II.A.5., Baseline Area, II.A.5.a. and II.A.5.b.; Section II.A.23., Major
Source Baseline Date; II.A.25., Minor Source Baseline Date, II.A.25.a.,
II.A.25.b., introductory text, and II.A.25.b(i); II.A.38, Regulated NSR
Pollutant, II.A.38.c.; II.A.42., Significant, II.A.42.a.; Section X, Air
Quality Limitations, X.A., Ambient Air Increments, X.A.1.
(128) On May 25, 2011, the State of Colorado submitted revisions to
5 CCR 1001-5, Regulation 3, Stationary Source Permitting and Air
Pollutant Emission Notice Requirements, parts A, B, and D. The May 25,
2011 submittal addresses the permitting of sources of greenhouse gases
(GHGs). The revisions to portions of parts A, B, and D incorporate the
provisions of the Prevention of Significant Deterioration (PSD) and
Title V Greenhouse Gas Tailoring Rule. The revisions establish
thresholds for determining which new stationary sources and
modifications to existing stationary sources become subject to
Colorado's PSD permitting requirements for their GHG emissions. These
revisions are consistent with federal requirements for PSD permitting.
(i) Incorporation by reference.
(A) 5 CCR 1001-5, Regulation Number 3, Stationary Source Permitting
and Air Pollutant Emission Notice Requirements, Part A, Concerning
General Provisions Applicable to Reporting and Permitting, I.B.,
Definitions, I.B.10, Carbon Dioxide Equivalent (CO2e); I.B.23.,
Greenhouse Gas (GHG); I.B.25., Major Source, I.B.25b; and I.B.44.,
Subject to Regulation; VI., Fees, VI.D., Fee Schedule; Part B,
Concerning Construction Permits, II.A.4. and II.A.7; Part D, Concerning
Major Stationary Source New Source Review and Prevention of Significant
Deterioration, II., Definitions, II.A., introductory paragraph, II.A.8,
Best Available Control Technology (BACT); II.A.22., Major Modification;
II.A.24., Major Stationary Source; II.A.24.a., introductory paragraph,
II.A.24.a.(ii); II.A.24.b.; II.A.38., Regulated NSR Pollutant,
II.A.38.e. and II.A.38.f.; adopted October 21, 2010 and effective
December 15, 2010.
[37 FR 10855, May 31, 1972]
Editorial Note: For Federal Register citations affecting
Sec. 52.320, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
Effective Date Note: At 75 FR 25775, May 10, 2010, Sec. 52.320 was
amended by revising paragraph (c)(114), effective July 9, 2010; however
the amendment could not be incorporated because that paragraph does not
exist.
Sec. 52.321 Classification of regions.
The revised Denver Emergency Episode Plan, adopted by the State of
Colorado February 28, 1996, was submitted by the Governor of Colorado
with a September 16, 1997 letter.
[[Page 411]]
----------------------------------------------------------------------------------------------------------------
Pollutant
-----------------------------------------------------
Air quality control region Particulate Sulfur Nitrogen Carbon
matter oxides dioxide monoxide Ozone
----------------------------------------------------------------------------------------------------------------
Pawnee Intrastate......................................... I III III III III
Metropolitan Denver Intrastate............................ I III III I I
Comanche Intrastate....................................... III III III III III
San Isabel Intrastate..................................... I III III III III
San Luis Intrastate....................................... III III III III III
Four Corners Interstate................................... IA IA III III III
Grand Mesa Intrastate..................................... III III III III III
Yampa Intrastate.......................................... III III III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10855, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 44
FR 57409, Oct. 5, 1979; 74 FR 47891, Sept. 18, 2009]
Sec. 52.322 Extensions.
The Administrator, by authority delegated under section 188(d) of
the Clean Air Act, as amended in 1990, extends for one year (until
December 31, 1995) the attainment date for the Denver, Colorado, PM-10
nonattainment area.
[60 FR 52315, Oct. 6, 1995]
Sec. 52.323 Approval status.
(a) With the exceptions set forth in this subpart, the Administrator
approves Colorado's plan for the attainment and maintenance of the
national standards under section 110 of the Clean Air Act. Furthermore,
the Administrator finds that the plan satisfies all requirements of Part
D, Title 1, of the Clean Air Act as amended in 1977, except as noted
below.
(b)(1) Insofar as the Prevention of Significant Deterioration (PSD)
provisions found in this subpart apply to stationary sources of
greenhouse gas (GHGs) emissions, the Administrator approves that
application only to the extent that GHGs are ``subject to regulation'',
as provided in this paragraph (b), and the Administrator takes no action
on that application to the extent that GHGs are not ``subject to
regulation.''
(2) Beginning January 2, 2011, the pollutant GHGs is subject to
regulation if:
(i) The stationary source is a new major stationary source for a
regulated NSR pollutant that is not GHGs, and also will emit or will
have the potential to emit 75,000 tpy CO2e or more; or
(ii) The stationary source is an existing major stationary source
for a regulated NSR pollutant that is not GHGs, and also will have an
emissions increase of a regulated NSR pollutant, and an emissions
increase of 75,000 tpy CO2e or more; and
(3) Beginning July 1, 2011, in addition to the provisions in
paragraph (b)(2) of this section, the pollutant GHGs shall also be
subject to regulation:
(i) At a new stationary source that will emit or have the potential
to emit 100,000 tpy CO2e; or
(ii) At an existing stationary source that emits or has the
potential to emit 100,000 tpy CO2e, when such stationary
source undertakes a physical change or change in the method of operation
that will result in an emissions increase of 75,000 tpy CO2e
or more.
(4) For purposes of this paragraph (b)--
(i) the term greenhouse gas shall mean the air pollutant defined in
40 CFR 86.1818-12(a) as the aggregate group of six greenhouse gases:
Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons,
perfluorocarbons, and sulfur hexafluoride.
(ii) the term tpy CO2 equivalent emissions
(CO2e) shall represent an amount of GHGs emitted, and shall
be computed as follows:
(A) Multiplying the mass amount of emissions (tpy), for each of the
six greenhouse gases in the pollutant GHGs, by the gas's associated
global warming potential published at Table A-1 to subpart A of 40 CFR
part 98--Global Warming Potentials.
(B) Sum the resultant value from paragraph (b)(4)(ii)(A) of this
section for each gas to compute a tpy CO2e.
(iii) the term emissions increase shall mean that both a significant
[[Page 412]]
emissions increase (as calculated using the procedures in paragraphs
I.A.2. through I.A.3, and I.B of Part D of Colorado's Air Quality
Commission's Regulation Number 3) and a significant net emissions
increase (as defined in paragraphs II.A.26 and II.A.42.a of Part D of
Colorado's Air Quality Commission's Regulation Number 3) occur. For the
pollutant GHGs, an emissions increase shall be based on tpy
CO2e, and shall be calculated assuming the pollutant GHGs is
a regulated NSR pollutant, and ``significant'' is defined as 75,000 tpy
CO2e instead of applying the value in paragraph II.A.42.b of
Part D of Colorado's Air Quality Commission's Regulation Number 3.
[75 FR 82553, Dec. 30, 2010]
Sec. 52.324 Legal authority.
(a) The requirements of Sec. 51.230(f) of this chapter are not met
since the State lacks the authority to require owners or operators of
stationary sources to install, maintain, and use emission monitoring
devices and to make periodic reports to the State on the nature and
amounts of emissions from such stationary sources.
(b) Delegation of authority: Pursuant to section 114 of the Act,
Colorado requested a delegation of authority to enable it to require
sources to install and maintain monitoring equipment and to report
periodically on the nature and amount of their emissions. The
Administrator has determined that Colorado is qualified to receive a
delegation of the authority it requested. Accordingly, the Administrator
delegates to Colorado his authority under section 114(a)(1)(B) and (C)
of the Act, i.e., authorityto require sources within the State of
Colorado to install and maintain monitoring equipment and to report
periodically on the nature and amount of their emissions.
[37 FR 10855, May 31, 1972, as amended at 46 FR 24182, Apr. 30, 1981; 51
FR 40676, Nov. 7, 1986; 62 FR 2914, Jan. 21, 1997]
Sec. 52.325 [Reserved]
Sec. 52.326 Area-wide nitrogen oxides (NOX) exemptions.
The Denver Regional Council of Governments (DRCOG) submitted a
NOX exemption petition to the EPA on May 25, 1994 and
submitted supporting documentation via a letter dated August 1, 1994.
This petition requested that the Denver metropolitan area, a
transitional ozone nonattainment area, be exempted from the requirement
to meet the NOX provisions of the Federal transportation and
general conformity rule with respect to ozone. The exemption request was
based on monitoring data which demonstrated that the National Ambient
Air Quality Standard for ozone had been attained in this area for the 3
years prior to the petition. The EPA approved this exemption request on
July 28, 1995.
[60 FR 40291, Aug. 8, 1995]
Secs. 52.327-52.328 [Reserved]
Sec. 52.329 Rules and regulations.
(a) On January 14, 1993, the Governor of Colorado submitted
revisions to the State's nonattainment new source review permitting
regulations to bring the State's regulations up to date with the 1990
Amendments to the Clean Air Act. With these revisions, the State's
regulations satisfy the part D new source review permitting requirements
for the following nonattainment areas: the Canon City, Lamar, Pagosa
Springs, Aspen, Telluride, and Steamboat Springs moderate
PM10 nonattainment areas, the Denver/Metro Boulder, Longmont,
Colorado Springs, and Fort Collins moderate carbon monoxide
nonattainment areas, the Greeley not classified carbon monoxide
nonattainment area, and the Denver transitional ozone nonattainment
area.
(b) On January 14, 1993 and on August 25, 1994, the Governor of
Colorado submitted revisions to the State's nonattainment new source
review permitting regulations to bring the State's regulations up to
date with the 1990 Amendments to the Clean Air Act. With these
revisions, the State's regulations satisfy the part D new source review
permitting requirements for the Denver metropolitan moderate PM-10
nonattainment area.
(c) A revision to the State Implementation Plan was submitted by the
State of Colorado on July 31, 2002. The submittal revises the Common
Provisions regulation by adding affirmative defense provisions for
source owners and
[[Page 413]]
operators for excess emissions during periods of startup and shutdown.
The affirmative defense provisions are contained in section II.J. As
indicated in 40 CFR 52.320(c)(109), EPA approved the affirmative defense
provisions contained in sections II.J.1 through II.J.4 of the Common
Provisions regulation, adopted August 16, 2001 and effective September
30, 2001. Section II.J.5 of the Common Provisions regulation, adopted
August 16, 2001 and effective September 30, 2001, is disapproved.
(d) On August 7, 2007, the Colorado submitted two packages with
revisions to Colorado's Regulation 3 Regulation, 5 CCR 1001-5, Part A.
One change adopts language to treat nitrogen dioxide as an ozone
precursor. The State also adopted an increase in fees used to pay for
the State's increased workload from the processing of Air Pollutant
Emission Notices (APENs) and permits. Annual and permit processing fees
shall be $16.54 for regulated pollutants and $114.96 for Hazardous Air
Pollutants. One grammatical change was made to the text of Part A,
Section 1.B.9.d:
(1) Regulation 3, 5 CCR 1001-5, Air Contaminant Emissions Notices,
Part A, Concerning General Provisions Applicable to Reporting and
Permitting, Section I, Applicability, Section I.B.9.d, Applicable
Requirement, effective October 2006: Any standard or other requirement
under section 112 of the Federal Act (hazardous air pollutants,
including any requirement concerning accident prevention under section
112(r)(7) of the Federal Act) (Regulation No. 8) but not including the
contents of any risk management plan required under section 112(r) of
the Federal Act.
(2) Regulation 3, 5 CCR 1001-5, Air Contaminant Emissions Notices,
Part A, Concerning General Provisions Applicable to Reporting and
Permitting, Section I, Applicability, Section I.B.16, Criteria
Pollutants, effective October 2006:
(i) Those pollutants for which the U.S. EPA has established national
ambient air quality standards, including: carbon monoxide, nitrogen
dioxide (direct emissions and as a precursor to ozone), sulfur dioxide,
PM10, total suspended particulate matter, ozone, volatile organic
compounds (as a precursor to ozone), and lead.
(ii) For the purpose of Air Pollutant Emission Notice reporting,
criteria pollutants shall also include nitrogen oxides, fluorides,
sulfuric acid mist, hydrogen sulfide, total reduced sulfur, reduced
sulfur compounds, municipal waste combustor organics, municipal waste
combustor metals, and municipal waste combustor acid gases.
(3) Regulation 3, 5 CCR 1001-5, Air Contaminant Emissions Notices,
Part A, Concerning General Provisions Applicable to Reporting and
Permitting, Section VI Fees; Section VI.D.1, Fee Schedule, effective
February 2007: Annual and permit processing fees shall be charged in
accordance with and in the amounts specified in the provisions of
Colorado Revised Statues section 25-7-114.7. Annual fees for regulated
pollutants shall be $16.54. Annual fees for hazardous air pollutants
shall be $114.96.
(e) The State of Colorado submitted revisions on September 16, 1997,
June 20, 2003, July 11, 2005, August 8, 2006 and August 1, 2007 to
Colorado's 5 CCR 1001-5 Regulation Number 3, Part A, Section II. One of
the revisions deleted two provisions from Section II and moved them to
Section I of Regulation Number 3, Part A. The revised regulatory
provisions read as follows:
(1) 5 CCR 1001-5, Regulation 3, Stationary Source Permitting and Air
Pollutant Emission Notice Requirements, Part A, Concerning General
Provisions Applicable to Reporting and Permitting, Section I,
Applicability, Section I.B.16, Criteria Pollutants,; effective June 30,
2004:
(i) Those pollutants for which the U.S. EPA has established national
ambient air quality standards, including: carbon monoxide, nitrogen
dioxide, sulfur dioxide, PM10, total suspended particulate
matter, ozone, volatile organic compounds (as a precursor to ozone), and
lead. For the purposes of Air Pollutant Emission Notice reporting,
criteria pollutants shall also include nitrogen oxides, fluorides,
sulfuric acid mist, hydrogen sulfide, total reduced sulfur, reduced
sulfur compounds, municipal waste combustor organics, municipal waste
combustor metals, and municipal waste combustor acid gases.
[[Page 414]]
(2) 5 CCR 1001-5, Regulation 3, Stationary Source Permitting and Air
Pollutant Emission Notice Requirements, Part A, Concerning General
Provisions Applicable to Reporting and Permitting, Section I,
Applicability, Section I.B.43, Uncontrolled Actual Emissions; effective
June 30, 2004:
(i) The annual emission rate corresponding to the annual process
rate listed on the Air Pollutant Emission Notice form, without
consideration of any emission control equipment or procedures. The
division may allow a source to forego calculating or estimating its
uncontrolled actual emissions of hazardous air pollutants upon a showing
by the source and a determination by the division that the creation of
such data is unreasonably costly, technically impractical or not
reasonably related to information necessary for making regulatory
decisions with respect to that source. The division's final
determination may be appealed to the commission by the source.
(f) On August 8, 2006, Dennis E. Ellis, Executive Director of the
Colorado Department of Public Health and Environment, and on behalf of
the Governor, submitted revisions to 5 CCR 1001-13, Colorado's
Regulation Number 11--Motor Vehicle Emissions Inspection Program, part
F, section III.A.2. These revisions removed from Colorado's Regulation
Number 11 the light duty vehicle emission testing limits that went into
effect on January 1, 2006 for 1996 and newer model year vehicles. These
revisions were adopted on November 17, 2005, and became state-effective
on January 30, 2006. The revised version of section III.A.2, as approved
by EPA, reads as follows:
(1) The following emissions standards shall apply to those tests
performed on model year 1996 and newer vehicles, on and after January 1,
of the dates specified:
------------------------------------------------------------------------
Calendar year HC CO NOX
------------------------------------------------------------------------
2002............................................... 1.2 20 3.0
2003............................................... 1.2 20 3.0
------------------------------------------------------------------------
[59 FR 64336, Dec. 14, 1994, as amended at 62 FR 2914, Jan. 21, 1997; 62
FR 68195, Dec. 31, 1997; 71 FR 8961, Feb. 22, 2006; 76 FR 51905, Aug.
19, 2011; 76 FR 61056, Oct. 3, 2011; 77 FR 75390, Dec. 20, 2012]
Sec. 52.330 Control strategy: Total suspended particulates.
(a) Part D--Conditional Approval: The Pueblo plan is approved
assuming the State demonstrates by December 31, 1981, through air
quality modeling, attainment of the 24-hour and annual standards, while
considering emissions from all sources in the nonattainment area. In
addition, the State must repromulgate Regulation No. 1 to satisfy
reasonably available control technology requirements in accordance with
the following schedule:
(1) The Commission will consider and adopt for public hearing any
changes or additions to Regulation No. 1 by February 15, 1981.
(2) The proposed regulations will be published in the Colorado
Register by March 10, 1981.
(3) Public hearing will be held by May 14, 1981.
(4) Regulations will be approved with an effective date no later
than July 1, 1981, and submitted to EPA by the same date.
[46 FR 26302, May 12, 1981]
Sec. 52.331 Committal SIP for the Colorado Group II PM10 areas.
On April 14, 1989, the Governor submitted a Committal SIP for the
Colorado Group II PM10 areas. The SIP commits the State to
continue to monitor for PM10, report data and to submit a
full SIP if a violation of the PM10 National Ambient Air
Quality Standards is detected.
[54 FR 43178, Oct. 23, 1989]
Sec. 52.332 Control strategy: Particulate matter.
(a) On April 9, 1992, the Governor of Colorado submitted the
moderate PM-10 nonattainment area plan for the Canon City area. The
submittal was made to satisfy those moderate PM-10 nonattainment area
SIP requirements which were due for Canon City on November 15, 1991.
(b)(1) On February 24, 1992, and December 9, 1993, the Governor of
Colorado submitted the moderate PM-10 nonattainment area plan for the
Pagosa Springs area. The submittal was made to satisfy those moderate
[[Page 415]]
PM-10 nonattainment area SIP requirements which were due for Pagosa
Springs on November 15, 1991.
(2) On August 2, 1996, the Governor of Colorado submitted minor
revisions to the Pagosa Springs Element of the Colorado PM-10 SIP.
(c) On May 27, 1993, the Governor of Colorado submitted the moderate
PM-10 nonattainment area plan for the Lamar area. The submittal was made
to satisfy those moderate PM-10 nonattainment area SIP requirements
which were due for Lamar on November 15, 1991.
(d) On December 9, 1993, the Governor of Colorado submitted
PM10 contingency measures for the moderate PM10
nonattainment areas of Canon City, Lamar, and Pagosa Springs. The
submittal was made to satisfy the moderate PM10 nonattainment
area requirements for contingency measures due for Canon City, Lamar,
and Pagosa Springs on November 15, 1993.
(e)(1) On January 15, 1992, March 17, 1993, and December 9, 1993,
the Governor of Colorado submitted the moderate PM-10 nonattainment area
plan for the Aspen area. The submittals were made to satisfy those
moderate PM-10 nonattainment area SIP requirements which were due for
Aspen on November 15, 1991. The December 9, 1993 submittal was also made
to satisfy the PM-10 contingency measure requirements which were due for
Aspen on November 15, 1993.
(2) On March 13, 1995, the Governor of Colorado submitted minor
revisions to the Aspen Element of the Colorado PM-10 SIP.
(f) On March 30, 1995, and November 17, 1995, the Governor of
Colorado submitted the moderate PM10 nonattainment area plan
for the Denver area. The March 30, 1995 submittal was made to satisfy
those moderate PM10 nonattainment area SIP requirements due
for the Denver PM10 nonattainment area on November 15, 1991.
The November 17, 1995 submittal was also made to satisfy the
PM10 contingency measure requirements which were due for
Denver on November 15, 1993.
(g) On March 17, 1993, December 9, 1993, and April 22, 1996, the
Governor of Colorado submitted the moderate PM10
nonattainment area plan for Telluride. The submittals were made to
satisfy those moderate PM10 nonattainment area SIP
requirements which were due for Telluride on November 15, 1991. The
December 9, 1993 submittal was also made to satisfy the PM10
contingency measure requirements which were due for Telluride on
November 15, 1993.
(h) On September 16, 1997 the Governor of Colorado submitted the
moderate PM10 nonattainment area plan for Steamboat Springs.
The submittal was made to satisfy those moderate PM10
nonattainment area SIP requirements which were due for Steamboat Springs
on July 20, 1995.
(i) On September 22, 1997, the State of Colorado submitted a
maintenance plan for the Canon City PM10 nonattainment area and
requested that the area be redesignated to attainment for the PM10
National Ambient Air Quality Standards. An April 24, 2000 letter from
Margie Perkins, Director, Colorado Air Pollution Control Division, to
Richard Long, Director, EPA Region VIII Air and Radiation Program, was
sent to clarify the requirements of the contingency plan section of the
Canon City maintenance plan. The redesignation request and maintenance
plan satisfy all applicable requirements of the Clean Air Act.
(j) On May 10, 2000, the State of Colorado submitted maintenance
plans for the Telluride and Pagosa Springs PM10 nonattainment
areas and requested that these areas be redesignated to attainment for
the PM10 National Ambient Air Quality Standards. The
redesignation requests and maintenance plans satisfy all applicable
requirements of the Clean Air Act.
(k) Determination--EPA has determined that the Steamboat Springs
PM10 ``moderate'' nonattainment area attained the
PM10 national ambient air quality standard by December 31,
2000. This determination is based on air quality monitoring data from
1998, 1999, and 2000.
(l) On July 30, 2001, the State of Colorado submitted a maintenance
plan for the Denver PM10 nonattainment area (``PM-10
Redesignation Request and Maintenance Plan For the Denver Metropolitan
Area,'' Chapter 4: ``Maintenance Plan,'' adopted April 19, 2001 by
[[Page 416]]
the Colorado Air Quality Control Commission and effective April 19,
2001) and requested that the area be redesignated to attainment for the
PM10 National Ambient Air Quality Standards. The
redesignation request and maintenance plan satisfy all applicable
requirements of the Clean Air Act.
(m) On November 9, 2001, the State of Colorado submitted a
maintenance plan for the Aspen PM10 nonattainment area and
requested that this area be redesignated to attainment for the
PM10 National Ambient Air Quality Standards. The
redesignation request and maintenance plan satisfy all applicable
requirements of the Clean Air Act.
(n) On July 31, 2002, the State of Colorado submitted a maintenance
plan for the Steamboat Springs PM10 nonattainment area and
requested that this area be redesignated to attainment for the
PM10 National Ambient Air Quality Standards. The
redesignation request and maintenance plan satisfies all applicable
requirements of the Clean Air Act.
(o) On July 31, 2002, the State of Colorado submitted a maintenance
plan for the Lamar PM10 nonattainment area and requested that
this area be redesignated to attainment for the PM10 National
Ambient Air Quality Standards. The redesignation request and maintenance
plan satisfy all applicable requirements of the Clean Air Act.
(p) Revisions to the Colorado State Implementation Plan, PM10
Revised Maintenance Plan for Denver, as adopted by the Colorado Air
Quality Control Commission on December 15, 2005, State effective on
March 2, 2006, and submitted by the Governor's designee on September 25,
2006. The revised maintenance plan satisfies all applicable requirements
of the Clean Air Act.
(q) Revisions to the Colorado State Implementation Plan,
PM10 Revised Maintenance Plan for Ca[ntilde]on City, as
adopted by the Colorado Air Quality Control Commission on November 20,
2008, State effective on December 30, 2008, and submitted by the
Governor's designee on June 18, 2009. The revised maintenance plan
satisfies all applicable requirements of the Clean Air Act.
(r) Revisions to the Colorado State Implementation Plan,
PM10 Revised Maintenance Plan for Aspen, as adopted by the
Colorado Air Quality Control Commission on December 16, 2010, State
effective on March 1, 2011, and submitted by the Governor's designee on
May 25, 2011. The revised maintenance plan satisfies all applicable
requirements of the Clean Air Act.
(s) Revisions to the Colorado State Implementation Plan,
PM10 Revised Maintenance Plan for Telluride, as adopted by
the Colorado Air Quality Control Commission on November 19, 2009, State
effective on December 30, 2009, and submitted by the Governor's designee
on March 31, 2010. The revised maintenance plan satisfies all applicable
requirements of the Clean Air Act.
(t) Revisions to the Colorado State Implementation Plan, Final
Revised PM10 Maintenance Plan for the Pagosa Springs
Attainment/Maintenance Area, as adopted by the Colorado Air Quality
Control Commission on November 19, 2009, and submitted by the Governor's
designee on March 31, 2010. The revised maintenance plan satisfies all
applicable requirements of the Clean Air Act.
[58 FR 68038, Dec. 23, 1993]
Editorial Note: For Federal Register citations affecting
Sec. 52.332, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
Secs. 52.333-52.342 [Reserved]
Sec. 52.343 Significant deterioration of air quality.
(a) The requirements of sections 160 through 165 of the Clean Air
Act are not met for the following categories of sources for preventing
the significant deterioration of air quality:
(1) Sources locating on Indian lands.
(2) Sources locating on Indian Reservations.
(3) Sources which constructed prior to September 2, 1986 and which
have not otherwise subjected themselves to Colorado's PSD permitting
regulations after September 2, 1986, either through application to
Colorado for a PSD permit (in the case of those sources which improperly
constructed without obtaining a PSD permit) or through application to
Colorado for a major modification to the source.
(b) Regulations for preventing significant deterioration of air
quality.
[[Page 417]]
The provisions of Sec. 52.21 except paragraph (a)(1) are hereby
incorporated and made a part of the applicable State plan for the State
of Colorado for the sources identified in paragraph (a) of this section
as not meeting the requirements of sections 160-165 of the Clean Air
Act.
(c) The State of Colorado has clarified the generalized language
contained in the Colorado Air Quality Control Regulations on the use of
``applicable air quality models.'' In a letter to Douglas M. Skie, EPA,
dated May 19, 1989, Bradley J. Beckham, Director of the Air Pollution
Control Division stated:
* * * All PSD permits reviewed by the Division will use the revised
modeling guideline mentioned above [Guideline on Air Quality Models
(Revised), EPA 450/2-78-027R including Supplement A (July 1987)] for
determining if the air quality models, data bases, and other
requirements are generally approved by EPA. Any future revisions
(including appendices or supplement) will be incorporated into the
Division's protocol for reviewing modeling for PSD permits.
[51 FR 31126, Sept. 2, 1986, and 52 FR 4622, Feb. 13, 1987, as amended
at 52 FR 22638, June 15, 1987; 54 FR 27881, July 3, 1989; 57 FR 27000,
June 17, 1992; 59 FR 42506, Aug. 18, 1994; 62 FR 2914, Jan. 21, 1997; 62
FR 13336, Mar. 20, 1997; 68 FR 11322, Mar. 10, 2003; 68 FR 74488, Dec.
24, 2003]
Sec. 52.344 Visibility protection.
(a) A revision to the SIP was submitted by the Governor on December
21, 1987, for visibility general plan requirements, monitoring, and
long-term strategies.
(b) The Visibility NSR regulations are approved for industrial
source categories regulated by the NSR and PSD regulations which have
previously been approved by EPA. However, Colorado's NSR and PSD
regulations have been disapproved for certain sources as listed in 40
CFR 52.343(a)(1). The provisions of 40 CFR 52.26 and 52.28 are hereby
incorporated and made a part of the applicable plan for the State of
Colorado for these sources.
[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987;
53 FR 30431, Aug. 12, 1988; 53 FR 48539, Dec. 1, 1988; 59 FR 51379, Oct.
11, 1994]
Sec. 52.345 Stack height regulations.
The State of Colorado has committed to revise its stack height
regulations should EPA complete rulemaking to respond to the decision in
NRDC v. Thomas, 838 F. 2d 1224 (DC Cir. 1988). In a letter to Mr.
Douglas M. Skie, EPA, dated May 9, 1988, Bradley J. Beckham, Director of
the Colorado Air Pollution Control Division stated:
* * * We are submitting this letter to allow EPA to continue to
process our current SIP submittal with the understanding that if EPA's
response to the NRDC remand modified the July 8, 1985, regulations, EPA
will notify the state of the rules that must be changed to comply with
the EPA's modified requirements. The State of Colorado agrees to make
appropriate changes.
[54 FR 24340, June 7, 1989]
Sec. 52.346 Air quality monitoring requirements.
In a letter and submittal dated July 7, 1993, from the Governor of
Colorado to the EPA Region VIII Administrator, the State submitted a
revised Air Quality Monitoring State Implementation Plan. The plan was
adopted by the State on March 18, 1993, and completely replaces the
previous version of the Air Quality Monitoring plan as identified at 40
CFR 52.320 (c)(17). The revisions updated the plan to bring it into
conformance with the Federal requirements for air quality monitoring as
found in 40 CFR part 58. The State commits to meet these Federal
requirements.
[58 FR 49435, Sept. 23, 1993]
Sec. 52.347 [Reserved]
Sec. 52.348 Emission inventories.
(a) The Governor of the State of Colorado submitted the 1990 carbon
monoxide base year emission inventories for the Colorado Springs,
Denver/Longmont, and Fort Collins nonattainment areas on December 31,
1992, as a revision to the State Implementation Plan (SIP). The Governor
submitted revisions to the Colorado Springs and Fort Collins inventories
by a letter dated March 23, 1995. The Governor submitted revisions to
the Denver/Longmont inventory by letters dated July 11, 1994, and
October 21, 1994. The inventories address emissions from
[[Page 418]]
point, area, on-road mobile, and non-road sources. These 1990 base year
carbon monoxide inventories satisfy the requirements of section
187(a)(1) of the Clean Air Act for each of these nonattainment areas.
(b) On September 16, 1997, the Governor of Colorado submitted the
1993 Carbon Monoxide Periodic Emission Inventories for Colorado Springs,
Denver, Fort Collins, and Longmont as revisions to the Colorado State
Implementation Plan. These inventories address carbon monoxide emissions
from stationary point, area, non-road mobile, and on-road mobile
sources.
(c) On September 16, 1997, the Governor of Colorado submitted the
1990 Carbon Monoxide Base Year Emission Inventory for Greeley as a
revision to the Colorado State Implementation Plan. This inventory
addresses carbon monoxide emissions from stationary point, area, non-
road, and on-road mobile sources.
(d) On May 10, 2000, the Governor of Colorado submitted the 1996
Carbon Monoxide Periodic Emission Inventories for Denver and Fort
Collins, as a revision to the Colorado State Implementation Plan. The
inventories address carbon monoxide emissions from stationary point,
area, non-road mobile, and on-road mobile sources.
[61 FR 67469, Dec. 23, 1996, as amended at 63 FR 38089, July 15, 1998;
64 FR 11782, Mar. 10, 1999; 65 FR 63548, Oct. 24, 2000]
Sec. 52.349 Control strategy: Carbon monoxide.
(a) Revisions to the Colorado State Implementation Plan, Carbon
Monoxide Redesignation Request and Maintenance Plan for Greeley, as
adopted by the Colorado Air Quality Control Commission on September 19,
1996, State effective November 30, 1996, and submitted by the Governor
on September 16, 1997.
(b) On June 25, 1996, the Governor of Colorado submitted a revision
to the Colorado Springs element of the carbon monoxide (CO) portion of
the Colorado State Implementation Plan (SIP). The revision to the
Colorado Springs element was submitted to satisfy certain requirements
of part D and section 110 of the Clean Air Act (CAA) as amended 1990.
The revision substitutes Colorado's oxygenated gasoline program for the
Colorado Springs bus purchase program as a source of emissions
reductions credits in the Colorado Springs CO element of the SIP. This
revision removes the bus purchase program from the EPA-approved SIP. EPA
originally approved the bus purchase program as part of the Colorado
Springs CO element of the SIP on December 12, 1983 (48 FR 55284).
(c) Revisions to the Colorado State Implementation Plan, Carbon
Monoxide Redesignation Request and Maintenance Plan for Colorado
Springs, as adopted by the Colorado Air Quality Control Commission on
January 15, 1998, State effective March 30, 1998, and submitted by the
Governor on August 19, 1998. The Maintenance Plan removes the Clean Air
Campaign from the SIP. The Clean Air Campaign was approved into the SIP
at 40 CFR 52.320(c)(43)(i)(A).
(d) Revisions to the Colorado State Implementation Plan, Carbon
Monoxide Redesignation Request and Maintenance Plan for Longmont, as
adopted by the Colorado Air Quality Control Commission on December 18,
1997, State effective March 2, 1998, and submitted by the Governor on
August 19, 1998.
(e) Revisions to the Colorado State Implementation Plan, Carbon
Monoxide Revised Maintenance Plan for Colorado Springs, as adopted by
the Colorado Air Quality Control Commission on February 17, 2000, State
effective April 30, 2000, and submitted by the Governor on May 10, 2000.
(f) Determination. EPA has determined that the Denver carbon
monoxide ``serious'' nonattainment area attained the carbon monoxide
national ambient air quality standard by December 31, 2000. This
determination is based on air quality monitoring data from 1998, 1999,
and 2000.
(g) Revisions to the Colorado State Implementation Plan, carbon
monoxide NAAQS Redesignation Request and Maintenance Plan for Denver
entitled ``Carbon Monoxide Redesignation Request and Maintenance Plan
for the Denver Metropolitan Area, ``excluding Chapter 1, Chapter 2, and
Appendix C, as adopted by the Colorado Air Quality Control Commission on
January 10,
[[Page 419]]
2000, State effective March 1, 2000, and submitted by the Governor on
May 10, 2000.
(h) Revisions to the Colorado State Implementation Plan, carbon
monoxide NAAQS Redesignation Request and Maintenance Plan for Fort
Collins entitled ``Carbon Monoxide Redesignation Request and Maintenance
Plan for the Fort Collins Area,'' excluding Part I--Chapter 1 and Part
I--Chapter 2, as adopted by the Colorado Air Quality Control Commission
on July 18, 2002, State effective September 30, 2002, and submitted by
the Governor on August 9, 2002.
(i) Revisions to the Colorado State Implementation Plan, revised
Carbon Monoxide Maintenance Plan for Denver, as adopted by the Colorado
Air Quality Control Commission on June 19, 2003, State effective on
August 30, 2003, and submitted by the Governor on October 15, 2003.
(j) Revisions to the Colorado State Implementation Plan, carbon
monoxide NAAQS, revised maintenance plan for Colorado Springs entitled
``Revised Carbon Monoxide Maintenance Plan for the Colorado Springs
Attainment/Maintenance Area'', as adopted by the Colorado Air Quality
Control Commission on December 18, 2003, State effective March 1, 2004,
and submitted by the Governor on April 12, 2004.
(k) Revisions to the Colorado State Implementation Plan, carbon
monoxide NAAQS, revised maintenance plan for Longmont entitled ``Revised
Carbon Monoxide Maintenance Plan for the Longmont Attainment/Maintenance
Area'', as adopted by the Colorado Air Quality Control Commission on
December 18, 2003, State effective March 1, 2004, and submitted by the
Governor on April 12, 2004.
(l) Revisions to the Colorado State Implementation Plan entitled
``Revised Carbon Monoxide Maintenance Plan for the Greeley Attainment/
Maintenance Area,'' as adopted by the Colorado Air Quality Control
Commission on December 19, 2002, and submitted by the Governor on June
20, 2003.
(m) Revisions to the Colorado State Implementation Plan, revised
Carbon Monoxide Maintenance Plan for Denver, as adopted by the Colorado
Air Quality Control Commission on December 15, 2005, State effective on
March 2, 2006, and submitted by the Governor's designee on September 25,
2006.
(n) Revisions to the Colorado State Implementation Plan, revised
Carbon Monoxide Maintenance Plan for Longmont, as adopted by the
Colorado Air Quality Control Commission on December 15, 2005, State
effective on March 2, 2006, and submitted by the Governor's designee on
September 25, 2006.
(o) Revisions to the Colorado State Implementation Plan, revised
Carbon Monoxide Maintenance Plan for Colorado Springs, as adopted by the
Colorado Air Quality Control Commission on December 17, 2009 and
submitted by the Governor's designee on March 31, 2010.
(p) Revisions to the Colorado State Implementation Plan, revised
Carbon Monoxide Maintenance Plan for Greeley, as adopted by the Colorado
Air Quality Control Commission on December 17, 2009 and submitted by the
Governor's designee on March 31, 2010.
(q) Revisions to the Colorado State Implementation Plan, revised
Carbon Monoxide Maintenance Plan for Fort Collins, as adopted by the
Colorado Air Quality Control Commission on December 16, 2010 and
submitted by the Governor's designee on May 25, 2011.
[64 FR 11782, Mar. 10, 1999, as amended at 64 FR 17105, Apr. 8, 1999; 64
FR 46288, Aug. 25, 1999; 64 FR 51701, Sept. 24, 1999; 65 FR 80783, Dec.
22, 2000; 66 FR 34116, June 27, 2001; 66 FR 64757, Dec. 14, 2001; 68 FR
35791, June 17, 2003; 68 FR 43325, July 22, 2003; 69 FR 54025, Sept. 7,
2004; 69 FR 55759, Sept. 16, 2004; 69 FR 58269, Sept. 30, 2004; 70 FR
48652, Aug. 19, 2005; 72 FR 46157, Aug. 17, 2007; 78 FR 46525, Aug. 1,
2013; 78 FR 46820, Aug. 2, 2013; 78 FR 56168, Sept. 12, 2013]
Sec. 52.350 Control strategy: Ozone.
(a) Revisions to the Colorado State Implementation Plan, 1-hour
ozone NAAQS Redesignation Request and Maintenance Plan for Denver
entitled ``Ozone Redesignation Request and Maintenance Plan for the
Denver Metropolitan Area,'excluding Chapter 1 and Appendix B, as adopted
by the Colorado Air Quality Control Commission on January 11, 2001,
State effective
[[Page 420]]
March 4, 2001, and submitted by the Governor on May 7, 2001.
(b) Revisions to the Colorado State Implementation Plan, 8-hour
ozone NAAQS Early Action Compact plan for the metropolitan Denver area
entitled ``Early Action Compact Ozone Action Plan,'' excluding sections
entitled ``Introduction'' and ``Ozone Monitoring Information,'' as
adopted by the Colorado Air Quality Control Commission on March 12,
2004, and submitted by the Governor to us on July 21, 2004.
(c) Revisions to the Colorado State Implementation Plan for the 1997
8-hour ozone NAAQS entitled ``Denver Metro Area & North Front Range 8-
Hour Ozone Attainment Plan,'' excluding the last paragraph on page IV-1,
the first paragraph on page IV-2, the words ``federally enforceable'' in
the second to last paragraph on page V-6, and the reference to
Attachment A in the Table of Contents and on page IV-3, as adopted by
the Colorado Air Quality Control Commission on December 12, 2008, and
submitted by the Governor to EPA on June 18, 2009.
[66 FR 47092, Sept. 11, 2001, as amended at 70 FR 48654, Aug. 19, 2005;
76 FR 47451, Aug. 5, 2011]
Sec. 52.351 United States Postal Service substitute Clean Fuel Fleet
Program.
Revisions to the Colorado State Implementation Plan, carbon monoxide
NAAQS, United States Postal Service substitute clean-fuel vehicle
program, as allowed under section 182(c)(4)(B) of the Clean Air Act, to
address the requirements of section 246 of the Clean Air Act for the
Denver Metropolitan carbon monoxide nonattainment area. The revisions
were adopted by the Colorado Air Quality Control Commission on March 16,
2000, State effective May 30, 2000, and submitted by the Governor on May
7, 2001. Administrative corrections to the Governor's May 7, 2001,
submittal were submitted by the Colorado Attorney General's office on
May 30, 2001.
[66 FR 64758, Dec. 14, 2001]
Sec. 52.352 Interstate transport.
(a) Addition to the Colorado State Implementation Plan of the
Colorado Interstate Transport regarding the 1997 8-Hour Ozone Standard
for the ``significant contribution,'' the ``interference with
maintenance'' requirements, and the addition of ``interference with
visibility protection'' requirements regarding the 1997 8-Hour Ozone and
PM2.5 Standards, submitted by the Governor's designee on June
18, 2009 and March 31, 2010.
(b) Addition to the Colorado State Implementation Plan of the
Colorado Interstate Transport SIP regarding the 1997 8-Hour Ozone and
1997 PM2.5 Standards for the ``interference with prevention
of significant deterioration'' requirement, and the addition of the
``significant contribution'' and ``interference with maintenance''
requirements regarding the 1997 PM2.5 Standards, submitted by
the Governor's designee on March 31, 2010.
[77 FR 1039, Jan. 9, 2012]
Sec. 52.353 Section 110(a)(2) infrastructure requirements.
(a) On January 7, 2008, James B. Martin, Executive Director of the
Colorado Department of Public Health and Environment for the state of
Colorado, submitted a certification letter which provides the state of
Colorado's SIP provisions for meeting the requirements of CAA Section
110(a)(1) and (2) relevant to the 1997 8-hour ozone NAAQS. The State's
1997 Ozone Infrastructure SIP is approved with respect to the
requirements of the following elements of section 110(a)(2) of the CAA
for the 1997 8-hour ozone NAAQS: (A), (B), (C), (D)(ii), (E), (F), (G),
(H), (J), (K), (L), and (M).
(b) On April 4, 2008 James B. Martin, Executive Director, Colorado
Department of Public Health and Environment, provided a submission to
meet the infrastructure requirements for the State of Colorado for the
1997 PM2.5 NAAQS. On June 4, 2010, Martha E. Rudolph,
Executive Director, Colorado Department of Public Health and
Environment, provided a submission to meet the infrastructure
requirements for the State of Colorado for the 2006 PM2.5
NAAQS. The State's Infrastructure SIP is approved with respect to the
1997 and 2006 PM2.5 NAAQS with respect to section (110)(a)(1)
and the following elements of section (110)(a)(2): (A), (B), (C) with
respect to PSD and minor NSR requirements, (E), (F), (G),
[[Page 421]]
(H), (J) with respect to PSD requirements and the requirements of
sections 121 and 127 of the Act, (K), (L), and (M).
[77 FR 21452, Apr. 10, 2012, as amended at 78 FR 58188, Sept. 23, 2013]
Subpart H_Connecticut
Sec. 52.369 [Reserved]