[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 (Sec. Sec. 52.1019 to 52.2019)

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........................ 777
Alphabetical List of Agencies Appearing in the CFR...... 797
List of CFR Sections Affected........................... 807

[[Page iv]]

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

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

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

[[Page v]]

EXPLANATION

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

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

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

LEGAL STATUS

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HOW TO USE THE CODE OF FEDERAL REGULATIONS

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OMB CONTROL NUMBERS

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Federal agencies to display an OMB control number with their information
collection request.

[[Page vi]]

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

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``[RESERVED]'' TERMINOLOGY

The term ``[Reserved]'' is used as a place holder within the Code of
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INCORPORATION BY REFERENCE

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(b) The matter incorporated is in fact available to the extent
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(c) The incorporating document is drafted and submitted for
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CFR INDEXES AND TABULAR GUIDES

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

[[Page vii]]

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The e-CFR is a regularly updated, unofficial editorial compilation
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available at www.ecfr.gov.
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, Michele Buenhagen 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, Sec. Sec. 52.1019 to 52.2019)

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Part

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

[[Page 3]]

CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

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

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

[[Page 5]]

SUBCHAPTER C_AIR PROGRAMS (CONTINUED)

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

Subpart U_Maine

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

Subpart V_Maryland

52.1070 Identification of plan.
52.1071 Classification of regions.
52.1072 [Reserved]
52.1073 Approval status.
52.1074 [Reserved]
52.1075 Base year emissions inventory.
52.1076 Control strategy plans for attainment and rate-of-progress:
Ozone.
52.1077-1079 [Reserved]
52.1080 Photochemical Assessment Monitoring Stations (PAMS) Program.
52.1081 Control strategy: Particulate matter.
52.1082 Determinations of attainment.
52.1083 [Reserved]
52.1084 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.1085 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
52.1086-52.1099 [Reserved]
52.1100 Original identification of plan section.
52.1101-52.1109 [Reserved]
52.1110 Small business stationary source technical and environmental
compliance assistance program.
52.1111-52.1115 [Reserved]
52.1116 Significant deterioration of air quality.
52.1117 Control strategy: Sulfur oxides.
52.1118 [Reserved]

Subpart W_Massachusetts

52.1119 Identification of plan--conditional approval.
52.1120 Identification of plan.
52.1121 Classification of regions.
52.1122 [Reserved]
52.1123 Approval status.
52.1124 Review of new sources and modifications.
52.1125 Emission inventories.
52.1126 Control strategy: Sulfur oxides.
52.1127 Attainment dates for national standards.
52.1128 Transportation and land use controls.
52.1129 Control strategy: Ozone.
52.1130 [Reserved]
52.1131 Control strategy: Particulate matter.
52.1132 Control strategy: Carbon Monoxide.
52.1133 [Reserved]
52.1134 Regulation limiting on-street parking by commuters.
52.1135 Regulation for parking freeze.
52.1136-52.1144 [Reserved]
52.1145 Regulation on organic solvent use.
52.1146 [Reserved]
52.1147 Federal compliance schedules.
52.1148-52.1158 [Reserved]
52.1159 Enhanced motor vehicle inspection and maintenance.
52.1160 Requirements for state implementation plan revisions relating to
new motor vehicles.
52.1161 Incentives for reduction in single-passenger commuter vehicle
use.
52.1162 Regulation for bicycle use.
52.1163 Additional control measures for East Boston.
52.1164 Localized high concentrations--carbon monoxide.
52.1165 Significant deterioration of air quality.
52.1166 [Reserved]
52.1167 EPA-approved Massachusetts State regulations.
52.1168 Certification of no sources.
52.1168a Part D--Disapproval of Rules and Regulations.
52.1169 Stack height review.

Subpart X_Michigan

52.1170 Identification of plan.

[[Page 6]]

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

Subpart Y_Minnesota

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

Subpart Z_Mississippi

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

Subpart AA_Missouri

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

Subpart BB_Montana

52.1370 Identification of plan.
52.1371 Classification of regions.
52.1372 Approval status.
52.1373 Control strategy: Carbon monoxide.
52.1374 Control strategy: Particulate matter.
52.1375 Control strategy: Lead.
52.1376 Extensions.
52.1377 [Reserved]
52.1378 General requirements.
52.1379 Legal authority.
52.1380-52.1381 [Reserved]
52.1382 Prevention of significant deterioration of air quality.
52.1384 Emission control regulations.
52.1385-52.1386 Source surveillance.
52.1387 Visibility protection.
52.1388 Stack height regulations.
52.1389 [Reserved]
52.1390 Missoula variance provision.
52.1391 Emission inventories.
52.1392 Federal Implementation Plan for the Billings/Laurel Area.
52.1393 Interstate transport requirements.
52.1394 Section 110(a)(2) infrastructure requirements.
52.1395 Smoke management plan.
52.1396 Federal implementation plan for regional haze.

[[Page 7]]

Subpart CC_Nebraska

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

Subpart DD_Nevada

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

Subpart EE_New Hampshire

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

Subpart FF_New Jersey

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

Subpart GG_New Mexico

52.1620 Identification of plan.
52.1621 Classification of regions.
52.1622 Approval status.
52.1623 Conditional approval.
52.1624-52.1626 [Reserved]
52.1627 Control strategy and regulations: Carbon monoxide.

[[Page 8]]

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

Subpart HH_New York

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

Subpart II_North Carolina

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

Subpart JJ_North Dakota

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

Subpart KK_Ohio

52.1870 Identification of plan.
52.1871 Classification of regions.
52.1872 [Reserved]
52.1873 Approval status.
52.1874 [Reserved]
52.1875 Attainment dates for achieving the sulfur dioxide secondary
standard.
52.1876 Control strategy: Nitrogen dioxide.
52.1877 Control strategy: Photochemical oxidants (hydrocarbons).
52.1878 [Reserved]
52.1879 Review of new sources and modifications.
52.1880 Control strategy: Particulate matter.
52.1881 Control strategy: Sulfur oxides (sulfur dioxide).
52.1882 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.1883 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
52.1884 Significant deterioration of air quality.
52.1885 Control strategy: Ozone.
52.1886 Visibility protection.
52.1887 Control strategy: Carbon monoxide.
52.1888 Operating permits.

[[Page 9]]

52.1889 Small business stationary source technical and environmental
compliance assistance program.
52.1890 Removed control measures.
52.1891 Section 110(a)(2) infrastructure requirements.
52.1892 Determination of attainment.
52.1919 Identification of plan-conditional approval.

Subpart LL_Oklahoma

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

Subpart MM_Oregon

52.1970 Identification of plan.
52.1971 Classification of regions.
52.1972 Approval status.
52.1973 Approval of plans.
52.1974 Original identification of plan section.
52.1975-52.1976 [Reserved]
52.1977 Content of approved State submitted implementation plan.
52.1978-52.1981 [Reserved]
52.1982 Control strategy: Ozone.
52.1983-52.1986 [Reserved]
52.1987 Significant deterioration of air quality.
52.1988 Air contaminant discharge permits.
52.1989 Interstate Transport for the 1997 8-hour ozone NAAQS and 1997
PM2.5 NAAQS.
52.1990 Interstate Transport for the 2006 24-hour PM2.5
NAAQS.
52.1991 Section 110(a)(2) infrastructure requirements.
52.1992-52.2019 [Reserved]

Subpart U_Maine

Sec. 52.1019 Identification of plan--conditional approval.

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

[77 FR 63232, Oct. 16, 2012]

Sec. 52.1020 Identification of plan.

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

[[Page 10]]

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

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

[[Page 11]]

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

[[Page 12]]

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

(d) EPA-approved State Source specific requirements.

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

[[Page 13]]

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

[[Page 14]]

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

[[Page 15]]

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

(e) Nonregulatory.

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

[[Page 16]]

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

[[Page 17]]

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

[[Page 18]]

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

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

Effective Date Note: At 79 FR 35698,June 24, 2014, Sec. 52.1020 was
amended in Table (c), under the heading ``EPA-APPROVED MAINE
REGULATIONS'' by revising existing entries for Chapter 110 and Chapter
114, effective Aug. 25, 2014. For the convenience of the user, the
revised text is set forth as follows:

[[Page 19]]

Sec. 52.1020 Identification of plan.

* * * * *

EPA-Approved Maine Regulations
----------------------------------------------------------------------------------------------------------------
EPA approval date
State citation Title/subject State EPA approval date Explanations
effective date and citation \1\
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Chapter 110...................... Ambient Air Quality 8/6/2012 6/24/14 [Insert
Standards. Federal Register
citation].
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Chapter 114...................... Classification of 8/29/2012 6/24/14 [Insert
Air Quality Federal Register
Control Regions. citation].
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------

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

\1\ In order to determing the EPA effective date for a specific
provision listed in this table, consult the Federal Register notice
cited in this column for the particular provision.
---------------------------------------------------------------------------

* * * * *

Sec. 52.1021 Classification of regions.

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

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

Sec. 52.1022 Approval status.

(a) With the exceptions set forth in this subpart, the Administrator
approves Maine's plan, as identified in Sec. 52.1020, for the
attainment and maintenance of the national standards under section 110
of the Clean Air Act.
(b)(1) Insofar as the Prevention of Significant Deterioration (PSD)
provisions found in this subpart apply to stationary sources of
greenhouse gas (GHGs) emissions, the Administrator approves that
application only to the extent that GHGs are ``subject to regulation'',
as provided in this paragraph (b), and the Administrator takes no action
on that application to the extent that GHGs are not ``subject to
regulation.''
(2) Beginning January 2, 2011, the pollutant GHGs is subject to
regulation if:
(i) The stationary source is a new major stationary source for a
regulated NSR pollutant that is not GHGs, and also will emit or will
have the potential to emit 75,000 tpy CO2e or more; or
(ii) The stationary source is an existing major stationary source
for a regulated NSR pollutant that is not GHGs,

[[Page 20]]

and also will have an emissions increase of a regulated NSR pollutant,
and an emissions increase of 75,000 tpy CO2e or more; and,
(3) Beginning July 1, 2011, in addition to the provisions in
paragraph (b)(2) of this section, the pollutant GHGs shall also be
subject to regulation:
(i) At a new stationary source that will emit or have the potential
to emit 100,000 tpy CO2e; or
(ii) At an existing stationary source that emits or has the
potential to emit 100,000 tpy CO2e, when such stationary
source undertakes a physical change or change in the method of operation
that will result in an emissions increase of 75,000 tpy CO2e
or more.
(4) For purposes of this paragraph (b)--
(i) The term greenhouse gas shall mean the air pollutant defined in
40 CFR 86.1818-12(a) as the aggregate group of six greenhouse gases:
Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons,
perfluorocarbons, and sulfur hexafluoride.
(ii) The term tpy CO2 equivalent emissions
(CO2e) shall represent an amount of GHGs emitted, and shall
be computed as follows:
(A) Multiplying the mass amount of emissions (tpy), for each of the
six greenhouse gases in the pollutant GHGs, by the gas's associated
global warming potential published at Table A-1 to subpart A of 40 CFR
part 98--Global Warming Potentials.
(B) Sum the resultant value from paragraph (b)(4)(ii)(A) of this
section for each gas to compute a tpy CO2e.
(iii) the term emissions increase shall mean that both a significant
emissions increase (as calculated using the procedures in 06-096 1. of
Chapter 100 of Maine's Bureau of Air Quality Control regulations) and a
significant net emissions increase (as defined in 06-096, paragraphs 89
and 144 A of Chapter 100 of Maine's Bureau of Air Quality Control
regulations) occur. For the pollutant GHGs, an emissions increase shall
be based on tpy CO2e, and shall be calculated assuming the
pollutant GHGs is a regulated NSR pollutant, and ``significant'' is
defined as 75,000 tpy CO2e instead of applying the value in
06-096, paragraphs 143 and 144 D of Chapter 100 of Maine's Bureau of Air
Quality Control regulations.
[75 FR 82555, Dec. 30, 2010]

Sec. 52.1023 Control strategy: Ozone.

(a) Determination. EPA is determining that, as of July 21, 1995, the
Lewiston-Auburn ozone nonattainment area has attained the ozone standard
and that the reasonable further progress and attainment demonstration
requirements of section 182(b)(1) and related requirements of section
172(c)(9) of the Clean Air Act do not apply to the area for so long as
the area does not monitor any violations of the ozone standard. If a
violation of the ozone NAAQS is monitored in the Lewiston-Auburn ozone
nonattainment area, these determinations shall no longer apply.
(b) Determination. EPA is determining that, as of July 21, 1995, the
Knox and Lincoln Counties ozone nonattainment area has attained the
ozone standard and that the reasonable further progress and attainment
demonstration requirements of section 182(b)(1) and related requirements
of section 172(c)(9) of the Clean Air Act do not apply to the area for
so long as the area does not monitor any violations of the ozone
standard. If a violation of the ozone NAAQS is monitored in the Knox and
Lincoln Counties ozone nonattainment area, these determinations shall no
longer apply.
(c) Approval. EPA is approving an exemption request submitted by the
Maine Department of Environmental Protection on September 7, 1995, for
the Northern Maine area from the NOX requirements contained
in Section 182(f) of the Clean Air Act. This approval exempts Oxford,
Franklin, Somerset, Piscataquis, Penobscot, Washington, Aroostook,
Hancock and Waldo Counties from the requirements to implement controls
beyond those approved in Sec. 52.1020(c)(41) for major sources of
nitrogen oxides (NOX), nonattainment area new source review
(NSR) for new sources and modifications that are major for
NOX, and the applicable NOX-related requirements
of the general and transportation conformity provisions.
(d) Approval. EPA is approving an exemption request from the
NOX requirements contained in Section 182(f) of the

[[Page 21]]

Clean Air Act for northern Maine. The exemption request was submitted by
the Maine Department of Environmental Protection on March 24, 2005, and
supplemented on April 19 and June 28, 2005. This approval exempts major
sources of nitrogen oxides in Aroostook, Franklin, Oxford, Penobscot,
Piscataquis, Somerset, Washington, and portions of Hancock and Waldo
Counties from the requirements to implement controls meeting reasonably
available control technology under the Clean Air Act, and nonattainment
area new source review (NSR) for new sources and modifications. In Waldo
County, this area includes only the following towns: Belfast, Belmont,
Brooks, Burnham, Frankfort, Freedom, Jackson, Knox, Liberty,
Lincolnville, Monroe, Montville, Morrill, Northport, Palermo, Prospect,
Searsmont, Searsport, Stockton Springs, Swanville, Thorndike, Troy,
Unity, Waldo, and Winterport. In Hancock County, this area includes only
the following towns and townships: Amherst, Aurora, Bucksport, Castine,
Dedham, Eastbrook, Ellsworth, Franklin, Great Pond, Mariaville, Orland,
Osborn, Otis, Penobscot, Verona, Waltham, Oqiton Township (T4 ND), T3
ND, T39 MD, T40 MD, T41 MD, T32 MD, T34 MD, T35 MD, T28 MD, T22 MD, T16
MD, T8 SD, T9 SD, T10 SD, and T7 SD.
(e) Approval. EPA is approving a revision to the State
Implementation Plan submitted by the Maine Department of Environmental
Protection on June 9 and 13, 2005. The revision is for purposes of
satisfying the rate of progress requirements of section 182(b)(1) of the
Clean Air Act for the Portland Maine one-hour ozone nonattainment area.
(f) Approval. EPA is approving a revision to the State
Implementation Plan submitted by the Maine Department of Environmental
Protection on June 9, 13, and 14, 2005. The revision is for purposes of
satisfying the 5 percent increment of progress requirement of 40 CFR
51.905(a)(1)(ii)(B) for the Portland Maine eight-hour ozone
nonattainment area. The revision establishes motor vehicle emissions
budgets for 2007 of 20.115 tons per summer day (tpsd) of volatile
organic compound (VOC) and 39.893 tpsd of nitrogen oxide
(NOX) to be used in transportation conformity in the Portland
Maine 8-hour ozone nonattainment area.
(g) Approval. EPA is approving a redesignation request for the
Portland, Maine 8-hour ozone nonattainment area. Maine submitted this
request on August 3, 2006. The request contains the required Clean Air
Act Section 175A maintenance plan. The plan establishes motor vehicle
emissions budgets for 2016 of 16.659 tons per summer day (tpsd) of
volatile organic compound and 32.837 tpsd of nitrogen oxide
(NOX) to be used in transportation conformity determinations
in the Portland area.
(h) Approval. EPA is approving a redesignation request for the
Hancock, Knox, Lincoln and Waldo Counties, Maine 8-hour ozone
nonattainment area. Maine submitted this request on August 3, 2006. The
request contains the required Clean Air Act Section 175A maintenance
plan. The plan establishes motor vehicle emissions budgets for 2016 of
3.763 tons per summer day (tpsd) of volatile organic compound and 6.245
tpsd of nitrogen oxide (NOX) to be used in transportation
conformity determinations in the Hancock, Knox, Lincoln and Waldo
Counties area.
(i) Approval: EPA is approving the 110(a)(1) 8-hour ozone
maintenance plans in the four areas of the state required to have a
110(a)(1) maintenance plan for the 8-hour ozone National Ambient Air
Quality Standard. These areas are as follows: portions of York and
Cumberland Counties; portions of Androscoggin County and all of Kennebec
County; portions of Knox and Lincoln Counties; and portions of Hancock
and Waldo Counties. These maintenance plans were submitted to EPA on
August 3, 2006.

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

Sec. 52.1024 Attainment dates for national standards.

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

[[Page 22]]

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

[60 FR 33352, June 28, 1995]

Sec. 52.1025 Control strategy: Particulate matter.

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

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

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

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

[[Page 23]]

Sec. 52.1026 Review of new sources and modifications.

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

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

Sec. 52.1027 Rules and regulations.

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

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

Sec. 52.1028 [Reserved]

Sec. 52.1029 Significant deterioration of air quality.

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

[45 FR 6786, Jan. 30, 1980]

Sec. 52.1030 Control strategy: Sulfur oxides.

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

[47 FR 948, Jan. 8, 1982]

Sec. 52.1031 EPA-approved Maine regulations.

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

Table 52.1031--EPA-Approved Rules and Regulations
----------------------------------------------------------------------------------------------------------------
Date Date
State Title/Subject adopted by approved Federal Register 52.1020
citation State by EPA citation
----------------------------------------------------------------------------------------------------------------
Chapter:
1........ Regulations for 02/08/84 03/23/93 58 FR 15430...... (c)(26)... Portions of chapter 1.
the Processing
of
Applications..
100...... ................ 5/7/79 1/3/80 45 FR 6784....... (c)(10)... PSD Plan Only.
100...... Definitions 12/24/79 2/19/80 45 FR 10766...... (c)(11)... ..........................
Regulations.
2/6/80 ..........................
100...... Definitions..... 10/3/89 3/23/93 58 FR 15430...... (c)(26)... All except for the
definition of VOC in
chapter 100(76). Note
that this definition is
approved in another
paragraph below. In
addition, Maine withdrew
the definition of fuel
burning equipment in
chapter 100(29) from its
SIP submittal. This
definition is approved in
another paragraph below.
................ .......... .......... ................. (c)(27)... Approval of definition of
VOC in chapter 100(76)
only.

[[Page 24]]

100...... Definitions 11/26/91 6/21/93 58 FR 33768...... (c)(31)... Revised ``volatile organic
Regulations. compound (VOC)'' and
``federally
enforceable.'' Added
``particulate matter
emissions'' and ``PM10
emissions.''
100...... Definitions..... 7/10/90 3/18/94 59 FR 12855...... (c)(29)... Changes to the following
definitions: Actual
emissions, baseline
concentration and fuel
burning equipment in
Chapter 100(1), (9), and
(29).
100...... Definitions..... 1/6/93 6/17/94 59 FR 31157...... (c)(33)... Revised to add definitions
associated with VOC RACT
rules.
100...... Definitions..... 11/10/93 1/10/95 60 FR 2526....... (c)(34)... Revised to add definitions
associated with emission
statement rules.
100...... Definitions..... 6/22/94 6/29/95 60 FR 33734...... 36........ Gasoline marketing
definitions added
100...... Definitions 6/22/94 2/14/96 61 FR 5694....... (c)(37)... Addition of 1990 Part D
Regulation. NSR and other CAAA
requirements.
100...... Definitions..... 7/19/95 10/15/96 61 FR 53639...... (c)(42)... Definition of ``VOC''
revised.
100...... Definitions..... 12/1/2005 11/21/07 72 FR 65462...... (c)(62)... Revised to add definitions
associated with SIP
submittals made between 7/
19/95 and 12/1/05.
101...... Visible 10/10/79 2/17/82 47 FR 6829....... (c)(17)... ..........................
Emissions.
102...... Open Burning.... 1/31/72 5/31/72 37 FR 10842...... (b)....... ..........................
102...... Open Burning.... 3/17/05 2/21/08 73 FR 9459....... (c)(61)...
103...... Fuel Burning 1/31/72 5/31/72 37 FR 10842...... (b)....... ..........................
Equipment
Particulate
Emission
Standard.
1/24/83 2/26/85 50 FR 7770....... (c)(19)... ..........................
104...... Incinerator 1/31/72 5/31/72 37 FR 10842...... (b)....... ..........................
Particulate
Emission
Standard.
105...... General Process 1/31/72 5/31/72 37 FR 10842...... (b)....... ..........................
Source
Particulate
Emission
Standard.
106...... Low Sulfur Fuel. 1/31/72 5/31/72 37 FR 10842...... (b)....... ..........................
2/08/78 1/8/82 47 FR 947........ (c)(15)... Revised limits for
Portland Peninsula only.
107...... Sulfur Dioxide 1/31/72 5/31/72 37 FR 10842...... (b)....... ..........................
Emission
Standards for
Sulfite Pulp
Mills.
109...... Emergency 1/31/72 5/31/72 37 FR 10842...... (b)....... ..........................
Episode
Regulation.
109...... Emergency 8/14/91 1/12/95 60 FR 2887....... (c)(28)... Revisions which
Episode incorporate the PM10
Regulation. alert, warning, and
emergency levels.
110...... Ambient Air 5/7/79 1/30/80 45 FR 6784....... (c)(10)... ..........................
Quality
Standards.
110...... Ambient Air 10/25/89 3/23/93 58 FR 15430...... (c)(26)... All of chapter 110 except
Quality for chapter 110(2) which
Standards. is approved in another
paragraph, below. Note
that Maine did not submit
its Chromium standard in
chapter 110(12) for
approval.
................ .......... .......... ................. (c)(27)... Chapter 110(2) only.
110...... Ambient Air 7/10/90 3/18/94 59 FR 12855...... (c)(29)... Addition of NO2 increments
Quality for class I and II areas
Standards. in Chapter 110(10). Note
that class III increment
in Chapter 110(10)(C)(3)
is not part of submittal.

[[Page 25]]

110...... Ambient Air 7/24/96 3/22/04 69 FR 13231...... (c)(52)... Adopts PSD increments
Quality based on PM10, in place
Standards. of increments based on
TSP.
111...... Petroleum Liquid 5/7/79 2/19/80 45 FR 10766...... (c)(11)... ..........................
Storage Vapor
Control.
9/27/89 2/3/92 57 FR 3948....... (c)(30)...
112...... Petroleum 2/19/80 45 FR 10766...... (c)(11)...
Liquids
Transfer
Recovery.
5/7/79 3/5/82 47 FR 9462....... (c)(16)... Irving Oil, Searsport
exempted.
7/22/86 2/2/87 52 FR 3117....... (c)(22)... Bulk Gasoline Terminal
Test methods.
5/22/91 2/3/92 57 FR 3948....... (c)(30)... The exemption for Irving
Oil Corporation in
Searsport, Maine
incorporated by reference
at 40 CFR 52.1020(c)(16)
is removed.
112...... Petroleum 6/22/94 6/29/95 60 FR 33734...... 36........ Deleted exemption for tank
liquids trucks less than 3500
transfer gallons.
recover.
112...... Gasoline Bulk 7/19/95 10/15/96 61 FR 53639...... (c)(42)... Emission limit lowered
Terminals. from 80 mg/l to 35 mg/l.
113...... Growth Offset 5/7/79 2/19/80 45 FR 10766...... (c)(11)... Part of New Source Review
Regulation. program.
12/18/85 12/23/86 51 FR 45886...... (c)(21)... Deletes Thomaston.
113...... Growth Offset 10/25/89 3/23/93 58 FR 15430...... (c)(26)... ..........................
Regulation.
113...... Growth Offset 7/10/90 3/18/94 59 FR 12855...... (c)(29)... Change to Chapter
Regulation. 113(II)(A) to include
NO2.
113...... Growth Offset 6/22/94 2/14/96 61 FR 5694....... (c)(37)... Addition of 1990 Part D
Regulation. NSR requirements.
114...... Classification 5/7/79 1/30/80 45 FR 6874....... (c)(10)...
of Air Quality
Control Regions.
114...... Designation of 10/25/89 3/23/93 58 FR 15430...... (c)(26)... All except for chapter
Air Quality 114(11) and (111) which
Control Regions. are approved in another
paragraph below.
................ .......... .......... ................. (c)(27)... Chapter 114(11)and (111)
only.
114...... Classification 4/27/94 Aug. 30, 60 FR 45060...... (c)(40)... Revision to remove Presque
of Air Quality 1995 Isle as nonattainment for
Control Regions. PM10.
115...... Emission License 5/7/79 1/30/80 45 FR 6784....... (c)(10)... PSD
Regulation..
................ 12/24/79 2/19/80 45 FR 10766...... (c)(11)... New Source Review.
................ 10/25/89 3/23/93 58 FR 15430...... (c)(26)... Note Maine did not submit
references to
nonregulated pollutants
for approval. Also note
that this chapter was
formerly chapter 108.
115...... Emission License 7/10/90 3/18/94 59 FR 12855...... (c)(29)... Changes to Chapter
Regulation. 115(I)(B), (VII)(A),
VII)(B)(3), and
(VII)(D)(3) to remove
Chapter 108 and to
incorporate NO2
increments requirements.
115...... Emission License 6/22/94 2/14/96 61 FR 5694....... (c)(37)... Addition of 1990 Part D
Regulation. NSR and other CAAA
requirements.
116...... Prohibited 10/25/89 3/23/93 58 FR 15430...... (c)(26)...
Dispersion
Techniques..
117...... Source 8/9/88 3/21/89 54 FR 11525...... 24........
Surveillance.
118...... Gasoline 6/22/94 6/29/95 60 FR 33734...... 36........ ..........................
Dispensing
Facilities.
................ 7/19/95 10/15/96 61 FR 53639...... (c)(43)... Stage II vapor recovery
requirements added.

[[Page 26]]

119........ Motor Vehicle 6/1/00 3/6/02 67 FR 10100...... (c)(49)... Controls fuel volatility
Fuel Volatility in the State. 7.8 psi RVP
Limit. fuel required in 7
southern counties.
120...... Gasoline Tank 6/22/94 6/29/95 60 FR 33734...... 35........ ..........................
Trucks.
123...... Paper Coater 9/27/89 2/3/92 57 FR 3949....... (c)(30)... The operating permits for
Regulation. S.D. Warren of Westbrook,
Eastern Fine Paper of
Brewer, and Pioneer
Plastics of Auburn
incorporated by reference
at 40 CFR Sec. 52.1020
(c)(11), (c)(11), and
(c)(18), respectively,
are withdrawn.
126...... Capture 5/22/91 3/22/93 58 FR 15282...... (c)(32)...
Efficiency Test
Procedures.
127...... New Motor 12/31/00 4/28/05 70 FR 21962...... (c)(58)... Low emission vehicle
Vehicle program, with no ZEV
Emission requirements. Program
Standards. achieves 90% of full LEV
benefits.
129...... Surface coating 1/6/93 6/17/94 59 FR 31157...... (c)(33)... Includes surface coating
Facilities. of: Cans, fabric, vinyl,
metal furniture, flatwood
paneling, and
miscellaneous metal parts
and products.
130...... Solvent 1/6/93 6/17/94 59 FR 31157...... (c)(33)...
Degreasers.
130...... Solvent Cleaners 6/17/04 5/26/05 70 FR 30369...... (c)(54)...
131...... Cutback and 1/6/93 6/17/94 59 FR 31157...... (c)(33)...
Emulsified
Asphalt.
132...... Graphic Arts: 1/6/93 6/17/94 59 FR 31157...... (c)(33)...
Rotogravure and
Flexography.
133...... Gasoline Bulk 6/22/94 6/29/95 60 FR 33734...... 36........ ..........................
Plants.
134...... Reasonably 2/8/95 4/18/00 65 FR 20753...... (c)(45)... Regulation fully approved
Available for the following
Control counties: York,
Technology for Sagadahoc, Cumberland,
Facilities that Androscoggin, Kennebec,
Emit Volatile Knox, Lincoln, Hancock,
Organic Waldo, Aroostook,
Compounds. Franklin, Oxford, and
Piscataquis. Regulation
granted a limited
approval for Washington,
Somerset, and Penobscot
Counties.
134...... Reasonably 2/25/97 4/18/00 65 FR 20753...... (c)(45)... VOC RACT determination for
Available JJ Nissen Baking Company.
Control
Technology for
Facilities that
Emit Volatile
Organic
Compounds.
134...... Reasonably 7/23/97 4/18/00 65 FR 20753...... (c)(45)... VOC RACT determination for
Available 10/27/97 Prime Tanning.
Control
Technology for
Facilities that
Emit Volatile
Organic
Compounds.
134...... Reasonably 7/25/97 4/18/00 65 FR 20753...... (c)(45)... VOC RACT determination for
Available Portsmouth Naval
Control Shipyard.
Technology for
Facilities that
Emit Volatile
Organic
Compounds.
134...... Reasonably 12/5/96 4/18/00 65 FR 20753...... (c)(45)... VOC RACT determination for
Available 10/20/97 Dexter Shoe.
Control
Technology for
Facilities that
Emit Volatile
Organic
Compounds.
134...... Reasonably 6/16/97 4/18/00 65 FR 20753...... (c)(45)... VOC RACT determination for
Available Pioneer Plastics.
Control
Technology for
Facilities that
Emit Volatile
Organic
Compounds.

[[Page 27]]

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

[[Page 28]]

138...... Reasonably 8/3/94 December 60 FR 66755...... (c)(41)... Affects sources only in
Available 26, 1995 Oxford, Franklin,
Control Somerset, Piscataquis,
Technology For Penobscot, Washington,
Facilities That Aroostook, Hancock and
Emit Nitrogen Waldo Counties (excepted
Oxides. portions of rule include
Sections 1.A.1. and
3.B.).
138...... NOX RACT........ 8/3/94 9/9/02 67 FR 57154...... (c)(46)... Affects sources in York,
Cumberland, Sagadahoc,
Androscoggin, Kennebec,
Lincoln, and Knox
counties.
138...... NOX RACT........ 5/18/95 & 9/9/02 67 FR 57154...... (c)(47)... Case-specific NOX RACT for
2/16/96 FPL Energy's (formerly
Central Maine Power) W.F.
Wyman Station.
138...... NOX RACT........ 6/16/95 & 9/9/02 67 FR 57154...... (c)(47)... Case-specific NOX RACT for
6/12/96 Tree Free Fiber Company,
LLC. (formerly Statler
Tissue).
138...... NOX RACT........ 8/23/95 & 9/9/02 67 FR 57154...... (c)(47)... Case-specific NOX RACT for
3/10/97 Pioneer Plastics
Corporation.
138...... NOX RACT........ 11/15/95 9/9/02 67 FR 57154...... (c)(47)... Case-specific NOX RACT for
Scott Paper Company.
138...... NOX RACT........ 1/18/96 9/9/02 67 FR 57154...... (c)(47)... Case-specific NOX RACT for
Chinet Company.
138...... NOX RACT........ 2/7/96 9/9/02 67 FR 57154...... (c)(47)... Case-specific NOX RACT for
FMC Corporation--Food
from Ingredients
Division.
138...... NOX RACT........ 6/5/96 & 9/9/02 67 FR 57154...... (c)(47)... Case-specific NOX FR RACT
3/5/97 for Dragon Products
Company, Inc.
138...... NOX RACT........ 6/12/96 9/9/02 67 FR 57154...... (c)(47)... Case-specific NOX RACT for
S.D. Warren Company.
138...... NOX RACT........ 10/16/96 9/9/02 67 FR 57154...... (c)(47)... Case-specific NOX RACT for
Mid-Maine Waste Action
Corporation.
138...... NOX RACT........ 10/21/96 & 9/9/92 67 FR 57154...... (c)(47)... Case-specific NOX RACT for
7/25/97 Portsmouth Naval
Shipyard.
138...... NOX RACT........ 11/12/96 9/9/02 67 FR 57154...... (c)(47)... Case-specific NOX RACT for
Maine Energy Recovery
Company.
139...... Transportation 9/19/07 2/08/08 73 FR 7465....... (c) 64....
Conformity.
141...... Conformity of 9/11/96 9/23/97 62 FR 49611...... (c)(44)... ``Chapter 141: Conformity
General Federal of General Federal
Actions. Actions''.
141........ Conformity of 4/19/07 2/20/08 73 FR 9203....... (c)(63)... Amendment to incorporate
General Federal new fine particulate
Actions. matter provisions.
145...... NOX Control 6/21/01 4/10/05 70 FR 11882...... (c)(56)...
Program.
148...... Emissions from 7/15/04 5/26/05 70 FR 30376...... (c)(55)...
Smaller-Scale
Electric
Generating
Resources.
151...... Architectural 10/06/05 3/17/06 71 FR 13767...... (c)(59)...
and Industrial
Maintenance
(AIM) Coatings.
152...... Control of 8/19/04 10/24/05 70 FR 61384...... (c)(57)...
Emissions of
Volatile
Organic
Compounds from
Consumer
Products.
153...... Mobile Equipment 2/5/04 5/26/05 70 FR
Repair and 30369(c)(54).
Refinishing.

[[Page 29]]

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

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

[50 FR 3336, Jan. 24, 1985]

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

Sec. 52.1033 Visibility protection.

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

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

Sec. 52.1034 Stack height review.

The State of Maine has declared to the satisfaction of EPA that no
existing emission limitations have been affected by stack height credits
greater than good engineering practice or any other prohibited
dispersion techniques as defined in EPA's stack height regulations as
revised on July 8, 1985. Such declarations were submitted to EPA on
December 17, 1985; May 30, 1986; October 2, 20, and 24, 1986; August 6,
1987; September 8 and 30, 1988.

[54 FR 8190, Feb. 27, 1989]

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

Maine must comply with the requirements of Sec. 51.120.

[60 FR 4737, Jan. 24, 1995]

Sec. 52.1036 Emission inventories.

(a) The Governor's designee for the State of Maine submitted 1990
base year emission inventories for the Knox and Lincoln Counties area,
the Lewiston and Auburn area, the Portland area, and the Hancock and
Waldo Counties area on July 25, 1995 as a revision to the State
Implementation Plan (SIP). An amendment to the 1990 base year emission
inventory for the Portland area was submitted on June 9, 2005. The 1990
base year emission inventory requirement of section 182(a)(1) of the
Clean Air Act, as amended in 1990, has been satisfied for these areas.
(b) The inventory is for the ozone precursors which are volatile
organic compounds, nitrogen oxides, and carbon monoxide. The inventory
covers point, area, non-road mobile, on-road mobile, and biogenic
sources.

[[Page 30]]

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

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

Sec. 52.1037 Original identification of plan section.

(a) This section identifies the original ``Air Implementation Plan
for the State of Maine'' and all revisions submitted by Maine that were
federally approved prior to September 1, 2008.
(b) The plan was officially submitted on January 28, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Miscellaneous non-regulatory changes to the plan submitted on
March 17, 1972, by the Environmental Improvement Commission for the
State of Maine.
(2) Regulation 10.8.4(g) establishing compliance schedules for
sources in Maine submitted on July 28, 1972, by the Environmental
Improvement Commission for the State of Maine.
(3) A revision removing fuel burning sources with a maximum heat
input from three million up to 10 million BTU/hr from the particulate
matter control strategy submitted on March 29, 1973, by the Governor.
(4) Changes in the Open Burning Regulation 100.2 submitted on
September 4, 1973, by the State of Maine Department of Environmental
Protection.
(5) An AQMA proposal submitted on June 26, 1974, by the Governor.
(6) Revision to incinerator particulate emission standard, submitted
on August 26, 1976 by the Commissioner of the Maine Department of
Environmental Protection, which would exempt woodwaste cone burners from
the plan until 1980.
(7) Revision to incinerator particulate emission standard, submitted
on November 18, 1976 by the Commissioner of the Maine Department of
Environmental Protection, which would exempt municipal waste cone
burners from the plan.
(8) Revision to open burning regulation submitted on December 7,
1976 by the Commissioner of the Maine Department of Environmental
Protection.
(9) Revisions to Chapter 5--State Implementation Plan Air Quality
Surveillance, and Chapter 6--Revision of New Sources and Modifications,
submitted by the Governor on March 10, 1978.
(10) Plans to meet various requirements of the Clean Air Act,
including Part C, were submitted on May 1, 1979, October 26, 1979 and
December 20, 1979. Included in the revisions is a plan for review of
construction and operation of new and modified major stationary sources
of pollution in attainment areas.
(11) Attainment plans to meet the requirements of Part D and the
Clean Air Act, as amended in 1977, were submitted on May 1, 1979;
October 26, 1979; December 20, 1979; July 9, 1980; July 31,

[[Page 31]]

1980; December 18, 1980; March 17, 1981. Included are plans to attain:
The secondary TSP standard for Augusta, Thomaston, Bangor and Brewer;
the primary and secondary SO2 standard for Millinocket; the
carbon monoxide standard for Lewiston and Bangor and the ozone standard
for AQCRS 107 and 110. A program was also submitted for the review of
construction and operation of new and modified major stationary sources
of pollution in non-attainment areas. Certain miscellaneous provisions
are also included.
(12) A plan to provide for public involvement in federally funded
air pollution control activities was submitted on May 28, 1980.
(13) Revisions to Chapter 5--State Implementation Plan--Air Quality
Surveillance, intended to meet requirements of 40 CFR part 58, were
submitted by the Commissioner of the Maine Department of Environmental
Protection on July 1, 1980.
(14) Revisions to attain and maintain the NAAQS for lead were
submitted on August 7, and November 5, 1980.
(15) A revision to Regulation 100.6 (Chapter 106) ``Low Sulfur Fuel
Regulation'' for the Metropolitan Portland Air Quality Control Region,
submitted by the Governor of Maine on August 25, 1977.
(16) Department Regulation Chapter 112, Petroleum Liquid Transfer
Vapor Recovery, is amended to exempt the town of Searsport, Maine from
this regulation. This amendment was submitted by Henry E. Warren,
Commissioner of the Department of Environmental Protection on October
23, 1981, in order to meet Part D requirements for ozone.
(17) Regulatory revisions to the plan containing changes to Chapter
101 ``Visible Emissions Regulation'' submitted August 7, 1980.
(18) On May 12, 1982 and February 11, 1983 the Maine Department of
Environmental Protection submitted an emission limit contained in an air
emissions license which requires Pioneer Plastics, Auburn, Maine to
reduce its volatile organic compound emissions by at least 85%.
(19) On January 11, 1983 and March 29, 1984 and December 4, 1984 the
Maine Department of Environmental Protection submitted revisions to
Chapter 103 ``Fuel Burning Equipment Particulate Emission Standard.''
(20) A plan to attain the primary TSP standard in Lincoln,
consisting of particulate emission limitations contained in an air
emission license issued to the Lincoln Pulp and Paper Company, Inc.,
submitted by the Commissioner of the Maine Department of Environmental
Protection on December 18, 1984.
(21) A revision to approve the deletion of Thomaston from the list
of applicable municipalities in Maine regulation 29 M.R.S.A. Chapter
113, submitted by the Commissioner on February 20, 1986.
(22) Revision to federally-approved regulation Chapter 112,
Petroleum Liquids Transfer Vapor Recovery [originally approved on
February 19, 1980, see paragraph (c)(11), of this section, was submitted
on August 4, 1986, by the Department of Environmental Protection.
(i) Incorporation by reference.
(A) Regulation Chapter 112(6), Emission Testing, is amended by
incorporating test methods and procedures as stated in 40 CFR part 60,
subpart XX, Sec. 60.503 to determine compliance with emission standards
for volatile organic compound emissions from bulk gasoline terminals.
This revision to Regulation Chapter 112(6) became effective on July 22,
1986 in the State of Maine.
(ii) Additional material. The nonregulatory portions of the state
submittals.
(23) [Reserved]
(24) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on August 22, 1988.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated August 19, 1988 submitting a revision to the Maine State
Implementation Plan.
(B) Chapter 117 of the Maine Department of Environmental Protection
Air Regulations entitled, ``Source Surveillance,'' effective in the
State of Maine on August 9, 1988.
(ii) Additional material.
(A) Nonregulatory portions of the state submittal.

[[Page 32]]

(25) Revisions to the Maine State Implementation Plan (SIP) for
ozone submitted on February 14, 1989 and May 3, 1989 by the Maine
Department of Environmental Protection (DEP) for its state gasoline
volatility control program, including any waivers under the program that
Maine may grant. The control period will begin May 1, 1990.
(i) Incorporation by reference. Maine Department Regulation chapter
119, Rules and Regulations of the State of Maine, entitled ``Motor
Vehicle Fuel Volatility Limit,'' adopted August 10, 1988, amended
Septemter 27, 1989 and effective October 25, 1989.
(26) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on October 27, 1989.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated October 27, 1989 submitting revisions to the Maine State
Implementation Plan.
(B) Chapter 100 of the Maine Department of Environmental
Protection's Air Regulations entitled ``Definitions Regulations,''
except for the definition of volatile organic compounds in Chapter
100(76) which is being incorporated by reference in 40 CFR
52.1020(c)(27). This regulation was effective in the State of Maine on
October 3, 1989. Note, the definition of fuel burning equipment in
Chapter 100(29) is not part of Maine's submittal.
(C) Chapter 110 except for Chapter 110(2) which is being
incorporated by reference in 40 CFR 52.1020(c)(27), Chapter 113, Chapter
114 except for Chapter 114(II) and (III) which are being incorporated by
reference in 40 CFR 52.1020(c)(27), Chapter 115, and Chapter 116 of the
Maine Department of Environmental Protection's Air Regulations entitled,
``Ambient Air Quality Standards,'' ``Growth Offset Regulation,''
``Classification of Air Quality Control Regions,'' ``Emission License
Regulations,'' and ``Prohibited Dispersion Techniques,'' respectively.
These regulations were effective in the State of Maine on October 25,
1989. Chapter 108, originally approved on January 30, 1980 and February
19, 1980 in paragraphs (c)(10) and (c)(11) of this section, is being
withdrawn and replaced with Chapter 115.
(D) Portions of Chapter 1 entitled ``Regulations for the Processing
of Applications,'' effective in the State of Maine on February 8, 1984.
(ii) Additional materials.
(A) A State Implementation Plan narrative contained in Chapter 6
entitled ``Review of New Sources and Modifications.''
(B) Letter dated May 1, 1989 from the Maine Department of
Environmental Protection regarding implementation of BACT.
(C) Nonregulatory portions of the state submittal.
(27) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on October 31, 1989.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated October 31, 1989 submitting revisions to the Maine State
Implementation Plan.
(B) The definition of volatile organic compounds in Chapter 100(76)
of the Maine Department of Environmental Protection's ``Definitions
Regulations'' effective in the State of Maine on October 3, 1989.
(C) Chapter 110(2) and Chapter 114 (II) and (III) of the Maine
Department of Environmental Protection's ``Ambient Air Quality
Standards'' and ``Classification of Air Quality Control Regions''
Regulations effective in the State of Maine on October 25, 1989. Note
that Millinocket remains designated as a nonattainment area for
SO2 until redesignated at 40 CFR 51.320.
(ii) Additional materials.
(A) A State Implementation Plan narrative contained in Chapter 6
entitled ``Review of New Sources and Modifications.''
(B) Nonregulatory portions of the state submittal.
(28) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on August 14 and October
22, 1991.
(i) Incorporation by reference.
(A) Letters from the Maine Department of Environmental Protection
dated August 14 and October 22, 1991

[[Page 33]]

submitting revisions to the Maine State Implementation Plan.
(B) Revisions to Chapter 109 of the Maine Department of
Environmental Protection Regulations, ``Emergency Episode Regulations,''
effective in the State of Maine on September 16, 1991.
(C) Part B of the Memorandum of Understanding which the Maine
Department of Environmental Protection (DEP) entered into (and
effective) on March 11, 1991, with the City of Presque Isle, and the
Maine Department of Transportation.
(ii) Additional materials.
(A) An attainment plan and demonstration which outlines Maine's
control strategy for attainment of the PM10 NAAQS and implements and
meets RACM and RACT requirements for Presque Isle.
(B) Nonregulatory portions of the submittal.
(29) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on July 16, 1990, September
5, 1990, and November 2, 1990.
(i) Incorporation by reference.
(A) Letters from the Maine Department of Environmental Protection
dated July 16, 1990, September 5, 1990, and November 2, 1990, submitting
revisions to the Maine State Implementation Plan.
(B) The definitions of actual emissions, baseline concentration, and
fuel burning equipment in Chapter 100(1), 100(9), and 100(29) of Maine's
``Definitions Regulation,'' Chapter 110(10) (except for Chapter
110(10)(C)(3)) of Maine's ``Ambient Air Quality Standards Regulation,''
Chapter 113(II)(A) of Maine's ``Growth Offset Regulation,'' and Chapter
115(I)(B), (VII)(A), (VII)(B)(3), and (VII)(D)(3) of Maine's ``Emission
License Regulations,'' effective in the State of Maine on July 10, 1990.
Note that the revised state statute which contains the underlying
authority to implement the NO2 increments became effective on
July 14, 1990.
(ii) Additional materials.
(A) A state implementation plan narrative contained in Chapter 6
entitled ``Review of New Sources and Modifications.''
(B) Nonregulatory portions of the state submittal.
(30) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on September 29, 1989,
December 5, 1989 and June 3, 1991.
(i) Incorporation by reference.
(A) Letters from the Maine Department of Environmental Protection
dated September 29, 1989, and June 3, 1991 submitting a revision to the
Maine State Implementation Plan.
(B) Chapter 111 ``Petroleum Liquid Storage Vapor Control'' and
Chapter 123 ``Paper Coater Regulation,'' effective in the state of Maine
on October 3, 1989.
(C) Chapter 112 ``Petroleum Liquid Transfer Vapor Recovery,''
effective in the State of Maine on June 9, 1991.
(ii) Additional materials.
(A) Letter from the Maine Department of Environmental Protection
dated June 3, 1991 documenting the December 1990 survey conducted to
satisfy the 5 percent demonstration requirement in order to justify the
3500 gallon capacity cut-off in chapter 112.
(B) Letter from the Maine Department of Environmental Protection
dated December 5, 1989 requesting the withdrawal of operating permits
for S.D. Warren of Westbrook, Eastern Fine Paper of Brewer, and Pioneer
Plastics of Auburn incorporated by reference at 40 CFR 52.1020 (c)(11)
and (c)(18).
(C) Nonregulatory portions of the submittal.
(31) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on April 20, 1992.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated April 8, 1992 submitting a revision to the Maine State
Implementation Plan.
(B) Chapter 100(54)(b) ``particulate matter emissions,'' Chapter
100(57)(b) ``PM10 emissions,'' and revisions to Chapter
100(28) ``federally enforceable'' and to Chapter 100(76) ``volatile
organic compound (VOC)'' effective in the State of Maine on January 18,
1992.
(ii) Additional materials.

[[Page 34]]

(A) Nonregulatory portions of the submittal.
(32) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on June 5, 1991.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated June 3, 1991 submitting a revision to the Maine State
Implementation Plan.
(B) Chapter 126 of the Maine Department of Environmental Protection
Regulations, ``Capture Efficiency Test Procedures'' effective in the
State of Maine on June 9, 1991.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(33) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on January 8, 1993.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated January 8, 1993, submitting a revision to the Maine State
Implementation Plan.
(B) Revised Chapter 100 of the Maine Department of Environmental
Protection Regulations, ``Definitions'' effective in the State of Maine
on February 10, 1993.
(C) Chapter 129 of the Maine Department of Environmental Protection
Regulations, ``Surface Coating Facilities'' effective in the State of
Maine on February 10, 1993.
(D) Chapter 130 of the Maine Department of Environmental Protection
Regulations, ``Solvent Degreasers'' effective in the State of Maine on
February 10, 1993.
(E) Chapter 131 of the Maine Department of Environmental Protection
Regulations, ``Cutback and Emulsified Asphalt'' effective in the State
of Maine on February 10, 1993.
(F) Chapter 132 of the Maine Department of Environmental Protection
Regulations, ``Graphic Arts--Rotogravure and Flexography'' effective in
the State of Maine on February 10, 1993.
(G) Appendix A ``Volatile Organic Compounds Test Methods and
Compliance Procedures'' incorporated into Chapters 129 and 132 of the
Maine Department of Environmental Protection Regulations, effective in
the State of Maine on February 10, 1993.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(34) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on January 3, 1994.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated January 3, 1994 submitting a revision to the Maine State
Implementation Plan.
(B) Revised Chapter 100 of the Maine Department of Environmental
Protection Regulations, ``Definitions'' effective in the State of Maine
on December 12, 1993.
(ii) Additional Information.
(A) Nonregulatory portions of the submittal.
(35) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on June 3, 1991, November
25, 1991, and July 6, 1994.
(i) Incorporation by reference.
(A) Letters from the Maine Department of Environmental Protection
dated June 3, 1991, November 25, 1991, and July 6, 1994 submitting a
revision to the Maine State Implementation Plan.
(B) Chapter 120 of the Maine Department of Environmental Protection
Regulations, ``Gasoline Tank Truck Tightness Self-Certification,''
effective in the State of Maine on July 11, 1994.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(36) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on July 6, 1994.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated July 6, 1994 submitting a revision to the Maine State
Implementation Plan.
(B) Chapter 100 of the Maine Department of Environmental Protection
Regulations, ``Definitions,'' effective in the State of Maine on July
11, 1994,

[[Page 35]]

with the exception of the definitions of the following terms:
``curtailment,'' ``federally enforceable,'' ``major modification,'' ``
major source,'' ``nonattainment pollutant,'' ``shutdown,'' ``significant
emissions,'' and ``significant emissions increase.''
(C) Chapter 112 of the Maine Department of Environmental Protection
Regulations, ``Petroleum Liquids Transfer Vapor Recovery,'' effective in
the State of Maine on July 11, 1994.
(D) Chapter 118 of the Maine Department of Environmental Protection
Regulations, ``Gasoline Dispensing Facilities Vapor Control,'' effective
in the State of Maine on July 11, 1994.
(E) Chapter 133 of the Maine Department of Environmental Protection
Regulations, ``Petroleum Liquids Transfer Vapor Recovery at Bulk
Gasoline Plants,'' effective in the State of Maine on July 11, 1994.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(37) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on July 12, 1994.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated July 5, 1994 submitting a revision to the Maine State
Implementation Plan.
(B) Maine's Chapter 100 entitled, ``Definition Regulations.'' This
regulation was effective in the State of Maine on July 11, 1994.
(C) Maine's Chapter 113 entitled, ``Growth Offset Regulation.'' This
regulation was effective in the State of Maine on July 11, 1994.
(D) Maine's Chapter 115 entitled, ``Emission License Regulation,''
except for Section 115(VII)(E) of this Chapter and all references to
this Section. This regulation was effective in the State of Maine on
July 11, 1994.
(ii) Additional materials.
(A) Nonregulatory portions of the State submittal.
(38) Revisions to the State Implementation Plan establishing a Small
Business Stationary Source Technical and Environmental Compliance
Assistance Program were submitted by the Maine Department of
Environmental Protection on July 7, and August 16, 1994.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated July 7, 1994 submitting a revision to the Maine State
Implementation Plan.
(B) Revisions to the State Implementation Plan for the Small
Business Stationary Source Technical and Environmental Compliance
Assistance Program dated July 12, 1994 and effective on May 11, 1994.
(C) Letter from the Maine Department of Environmental Protection
dated August 16, 1994 submitting a corrected page to the July 12, 1994
SIP revision.
(39) [Reserved]
(40) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on June 1, 1994.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated June 1, 1994 submitting revisions to the Maine State
Implementation Plan.
(B) Revisions to Chapter 114 of the Maine Department of
Environmental Protection Regulations, ``Classification of Air Quality
Control Regions,'' adopted by the Board of Environmental Protection on
April 27, 1994 and accepted by the Secretary of State with an effective
date of May 9, 1994.
(C) Revisions to Part B of the Memorandum of Understanding which the
Maine Department of Environmental Protection (DEP) entered into (and
effective) on May 25, 1994, with the City of Presque Isle, and the Maine
Department of Transportation.
(ii) Additional materials.
(A) A maintenance demonstration and contingency plan which outline
Maine's control strategy for maintenance of the PM10 NAAQS
and contingency measures and provision for Presque Isle.
(B) Nonregulatory portions of the submittal.
(41) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on August 5, 1994 related
to NOX controls in Oxford, Franklin, Somerset,

[[Page 36]]

Piscataquis, Penobscot, Washington, Aroostook, Hancock and Waldo
Counties.
(i) Incorporation by reference.
(A) A Letter from the Maine Department of Environmental Protection
dated August 5, 1994 submitting a revision to the Maine State
Implementation Plan.
(B) Chapter 138 of the Maine DEP's regulations, ``Reasonably
Available Control Technology for Facilities that Emit Nitrogen Oxides''
for sources only in Oxford, Franklin, Somerset, Piscataquis, Penobscot,
Washington, Aroostook, Hancock and Waldo Counties (excepted portions
include Sections 1.A.1. and 3.B.). This rule was effective August 3,
1994.
(42) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on July 24, 1995.
(i) Incorporation by reference.
(A) Two letters from the Maine Department of Environmental
Protection dated July 24, 1995 submitting revisions to the Maine State
Implementation Plan.
(B) Chapter 100 of the Maine Department of Environmental Protection
Regulations, ``Definitions Regulation,'' definition of ``volatile
organic compounds (VOC)'' effective in the State of Maine on July 25,
1995.
(C) Chapter 112 of the Maine Department of Environmental Protection
Regulations, ``Bulk Terminal Petroleum Liquid Transfer Requirements,''
effective in the State of Maine on July 25, 1995.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(43) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on July 24, 1995.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated July 24, 1995 submitting a revision to the Maine State
Implementation Plan.
(B) Chapter 118 of the Maine Department of Environmental Protection
Regulations, ``Gasoline Dispensing Facilities Vapor Control,'' effective
in the State of Maine on July 25, 1995.
(ii) Additional materials.
(A) Letter from the Maine Department of Environmental Protection
dated May 6, 1996.
(B) Nonregulatory portions of the submittal.
(44) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on October 11, 1996.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated October 11, 1996 submitting a revision to the Maine State
Implementation Plan.
(B) Chapter 141 of the Maine Department of Environmental Protection
Air Regulation entitled, ``Conformity of General Federal Actions,''
effective in the State of Maine on September 28, 1996.
(45) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on April 28, 1995, January
10, 1996, July 1, 1997, October 9, 1997, November 14, 1997, and December
10, 1997.
(i) Incorporation by reference.
(A) Chapter 134 of the Maine Department of Environmental Protection
regulations entitled ``Reasonably Available Control Technology for
Facilities that Emit Volatile Organic Compounds,'' effective in the
State of Maine on February 15, 1995, is granted a full approval for the
following counties: York, Sagadahoc, Cumberland, Androscoggin, Kennebec,
Knox, Lincoln, Hancock, Waldo, Aroostook, Franklin, Oxford, and
Piscataquis. This rule is granted a limited approval for Washington,
Somerset, and Penobscot Counties.
(B) License Amendment 5 issued by the Maine Department of
Environmental Protection to Prime Tanning Company on July 23, 1997.
(C) License Amendment 6 issued by the Maine Department of
Environmental Protection to Prime Tanning Company on October 27, 1997.
(D) License issued by the Maine Department of Environmental
Protection to JJ Nissen Baking Company on February 25, 1997.

[[Page 37]]

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

[[Page 38]]

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

[[Page 39]]

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

[[Page 40]]

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

[37 FR 10870, May 31, 1972]

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

[[Page 41]]

Finding Aids section of the printed volume and at www.fdsys.gov.

Subpart V_Maryland

Sec. 52.1070 Identification of plan.

(a) Purpose and scope. This section sets forth the applicable State
implementation plan for Maryland under section 110 of the Clean Air Act,
42 U.S.C. 7410, and 40 CFR part 51 to meet national ambient air quality
standards.
(b) Incorporation by reference. (1) Material listed as incorporated
by reference in paragraphs (c) and (d) was approved for incorporation by
reference by the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. The material incorporated is as it
exists on the date of the approval, and notice of any change in the
material will be published in the Federal Register. Entries in
paragraphs (c) and (d) of this section with EPA approval dates on or
after August 1, 2011 will be incorporated by reference in the next
update to the SIP compilation.
(2)(i) EPA Region III certifies that the rules and regulations
provided by EPA at the addresses in paragraph (b)(3) of this section are
an exact duplicate of the officially promulgated State rules and
regulations which have been approved as part of the State implementation
plan as of August 1, 2011.
(ii) EPA Region III certifies that the source-specific requirements
provided by EPA at the addresses in paragraph (b)(3) of this section are
an exact duplicate of the officially promulgated source-specific
requirements which have been approved in the notebook ``40 CFR
52.1070(d)--Source-Specific Requirements'' as part of the State
implementation plan as of December 1, 2008. No additional revisions were
made since between December 1, 2008 and August 1, 2011.
(3) Copies of the materials incorporated by reference may be
inspected at the EPA Region III Office at 1650 Arch Street,
Philadelphia, PA 19103. For further information, call (215) 814-2108;
the EPA, Air and Radiation Docket and Information Center, Room Number
3334, EPA West Building, 1301 Constitution Avenue NW, Washington, DC
20460. For further information, call (202) 566-1742; or at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
(c) EPA approved regulations.

EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
Code of Maryland
Administrative State effective Additional
Regulations (COMAR) Title/subject date EPA approval date explanation/citation
citation at 40 CFR 52.1100
----------------------------------------------------------------------------------------------------------------
26.11.01 General Administrative Provisions
----------------------------------------------------------------------------------------------------------------
26.11.01.01............ Definitions........... 9/20/10 2/22/11 76 FR 9650 1. Exceptions:
Paragraphs .01B(3),
(13), (21) through
(23), (25); all of
section .01C. 2.
Revision to
paragraph .01B(17).
The SIP effective
date is 4/25/11
26.11.01.01............ Definitions........... 3/5/12 2/28/13, 78 FR 13497 Revised .01B(6-1) and
.01B(37).
26.11.01.02............ Relationship of 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(1).
Provisions in this
Subtitle.
26.11.01.03............ Delineation of Areas.. 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(1).
26.11.01.04............ Testing and Monitoring 3/5/12 1/25/13, 78 FR 5290 Amended section 04C.
26.11.01.05............ Records and 6/30/97, 12/10/ 5/28/02, 67 FR 36810 (c)(172).
Information. 01
26.11.01.05-1.......... Emission Statements... 12/7/92 10/12/94, 59 FR 51517 (c)(109).
26.11.01.06............ Circumvention......... 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(1).
26.11.01.07............ Malfunctions and Other 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(1).
Temporary Increases
in Emissions.

[[Page 42]]

26.11.01.08............ Determination of 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(5).
Ground Level
Concentrations--Accep
table Techniques.
26.11.01.09............ Vapor Pressure of 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(5)
Gasoline.
26.11.01.10............ Continuous Emission 7/22/91 2/28/96, 61 FR 7418 (c)(106); TM90-01 was
Monitoring (CEM) approved as
Requirements. ``additional
material'', but not
IBR'd.
----------------------------------------------------------------------------------------------------------------
26.11.02 Permits, Approvals, and Registration
----------------------------------------------------------------------------------------------------------------
26.11.02.01............ Definitions........... 5/8/95 2/27/03, 68 FR 9012 (c)(182);
Exceptions:26.11.02.
01B(1), (1-1), (4)-
(6), (10), (15),
(16), (22), (29)-
(33), (37),(39),
(42), (46), (49),
(50), (54)
26.11.02.01............ Definitions........... 3/5/12 2/28/13, 78 FR 13497 Revised .01B(44) and
.01C(1).
26.11.02.02............ General Provisions.... 5/8/95 2/27/03, 68 FR 9012 (c)(182); Exception:
.02D.
26.11.02.03............ Federally Enforceable 5/8/95 2/27/03, 68 FR 9012 (c)(182).
Permits to Construct
and State Permits to
Operate.
26.11.02.04............ Duration of Permits... 5/8/95 2/27/03, 68 FR 9012 (c)(182); Exception:
.04C(2).
26.11.02.05............ Violation of Permits 5/8/95 2/27/03, 68 FR 9012 (c)(182).
and Approvals.
26.11.02.06............ Denial of Applications 5/8/95, 6/16/97 2/27/03, 68 FR 9012 (c)(182).
for State Permits and
Approvals.
26.11.02.07............ Procedures for 5/8/95 2/27/03, 68 FR 9012 (c)(182).
Denying, Revoking, or
Reopening and
Revising a Permit or
Approval.
26.11.02.08............ Late Applications and 5/8/95 2/27/03, 68 FR 9012 (c)(182).
Delays in Acting on
Applications.
26.11.02.09............ Sources Subject to 11/16/09 2/10/12, 77 FR 6963 Revised
Permits to Construct 26.11.02.09A(1),
and Approvals. (2); limited
approval.
26.11.02.10............ Sources Exempt from 8/11/11 6/12/12 Revised .10X
Permits to Construct 77 FR 34808
and Approvals.
26.11.02.11............ Procedures for 5/8/95, 6/16/97 2/27/03, 68 FR 9012 (c)(182); Exception:
Obtaining Permits to .11C.
Construct Certain
Significant Sources.
26.11.02.12............ Procedures for 5/16/11 8/2/12, 77 FR 45949 Added .12A(2)
Obtaining Approvals
of PSD Sources and
NSR Sources, Permits
to Construct, Permit
to Construct MACT
Determinations On a
Case-by-Case Basis in
Accordance with 40
CFR part 63, subpart
B, and Certain 100-
Ton Sources.
26.11.02.13............ Sources Subject to 5/8/95 2/27/03, 68 FR 9012 (c)(182).
State Permits to
Operate.
26.11.02.14............ Procedures for 5/8/95, 6/16/97 2/27/03, 68 FR 9012 (c)(182).
Obtaining State
Permits to Operate
and Permits to
Construct Certain
Sources and Permits
to Construct Control
Equipment on Existing
Sources.
----------------------------------------------------------------------------------------------------------------
26.11.04 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
26.11.04.02............ Ambient Air Quality 9/17/12 2/11/13, 78 FR 9593
Standards,
Definitions,
Reference Conditions,
and Methods of
Measurement.
26.11.05 Air Quality Episode System
----------------------------------------------------------------------------------------------------------------
26.11.05.01............ Definitions........... 6/18/90 4/14/94, 59 FR 17698 (c)(100).
26.11.05.02............ General Requirements.. 6/18/90 4/14/94, 59 FR 17698 (c)(100).
26.11.05.03............ Air Pollution Episode 6/18/90 4/14/94, 59 FR 17698 (c)(100).
Criteria.
26.11.05.04............ Standby Emissions 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(4).
Reduction Plan.

[[Page 43]]

26.11.05.05............ Control Requirements 6/18/90 4/14/94, 59 FR 17698 (c)(100).
and Standby Orders.
26.11.05.06............ Tables................ 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(4).
----------------------------------------------------------------------------------------------------------------
26.11.06 General Emissions Standards, Prohibitions, and Restrictions
----------------------------------------------------------------------------------------------------------------
26.11.06.01............ Definitions........... 5/8/91 11/29/94, 59 FR 60908 (c)(102)(i)(B)(14).
26.11.06.02 [Except: Visible Emissions..... 11/24/03 8/1/07, 72 FR 41891 Revised paragraph
.02A(1)(e), (1)(g), 26.11.06.02A(2).
(1)(h), (1)(i)].
26.11.06.03............ Particulate Matter.... 11/11/02 8/6/03, 68 FR 46487 (c)(181).
26.11.06.04............ Carbon Monoxide in 1/5/88; 4/7/93, 58 FR 18010 (c)(92).
Areas III and IV. recodified,
8/1/88
26.11.06.05............ Sulfur Compounds from 11/11/02 8/6/03, 68 FR 46487 (c)(181).
Other than Fuel
Burning Equipment.
26.11.06.06............ Volatile Organic 9/22/97 5/7/01, 66 FR 22924 (c)(156) Note: On 2/
Compounds. 27/03 (68 FR 9012),
EPA approved a
revised rule
citation with a
State effective date
of 5/8/95
[(c)(182)(i)(C)].
26.11.06.10............ Refuse Burning 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(5).
Prohibited in Certain
Installations.
26.11.06.14............ Control of PSD Sources 3/5/12 2/28/13, 78 FR 13497 Revised .14B(1).
26.11.06.15............ Nitrogen Oxides from 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(5).
Nitric Acid Plants.
26.11.06.16............ Tables................ 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(5).
----------------------------------------------------------------------------------------------------------------
26.11.07 Open Fires
----------------------------------------------------------------------------------------------------------------
26.11.07.01............ Definitions........... 5/22/95 6/11/02, 67 FR 39856 (c)(173).
26.11.07.02............ General............... 5/22/95 2/25/97, 62 FR 8380 (c)(120).
26.11.07.03............ Control Officer May 8/11/97 6/11/02, 67 FR 39856 (c)(173).
Authorize Certain
Open Fires.
26.11.07.04............ Public Officers May 5/22/95 2/25/97, 62 FR 8380 (c)(120).
Authorize Certain
Fires.
26.11.07.05............ Open Fires Allowed 5/22/95 2/25/97, 62 FR 8380 (c)(120) .05A(3) &
Without Authorization (4), and .05B(3) are
of Control Officer or State-enforceable
Public Officer. only.
26.11.07.06............ Safety Determinations 8/11/97 6/11/02, 67 FR 39856 (c)(173).
at Federal Facilities.
----------------------------------------------------------------------------------------------------------------
10.18.08/26.11.08 Control of Incinerators
----------------------------------------------------------------------------------------------------------------
10.18.08/26.11.08.01... Definitions........... 9/12/05 9/15/08, 73 FR 53130 Definition of
``crematory'' is
added.
10.18.08.02............ Applicability......... 7/18/80 8/5/81, 46 FR 39818 (c)(45).
10.18.08.03............ Prohibition of Certain 6/8/81 5/11/82, 47 FR 20126 (c)(58).
Incinerators in Areas
III and IV.
10.18.08/26.11.08.04... Visible Emissions..... 11/24/03 8/1/07, 72 FR 41891 Revised paragraph
26.11.08.04C.
10.18.08/26.11.08.05... Particulate Matter.... 9/12/05 9/15/08, 73 FR 53130 Sections .05A(3) and
.05B(2)(a) are
revised.
10.18.08.06............ Prohibition of 3/25/84 7/2/85, 50 FR 27245 (c)(82).
Unapproved Hazardous
Waste Incinerators.
----------------------------------------------------------------------------------------------------------------

26.11.09Control of Fuel Burning Equipment, Stationary Internal Combustion Engines, and Certain Fuel-Burning
Installations
----------------------------------------------------------------------------------------------------------------

26.11.09.01............ Definitions........... 9/20/10 2/22/11 76 FR 9650 Revision removes
definition of ``fuel-
burning equipment.''
The SIP effective
date is 4/25/11.
26.11.09.02............ Applicability......... 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(7).

[[Page 44]]

26.11.09.03............ General Conditions for 6/21/04 7/6/05, 70 FR 38774 Revised paragraphs
Fuel Burning 26.11.09.03C(1) and
Equipment. .03C(2).
26.11.09.04............ Prohibition of Certain 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(7).
New Fuel Burning
Equipment.
26.11.09.05............ Visible Emissions..... 11/24/03 8/1/07, 72 FR 41891 Revised paragraph
26.11.09.05A(3).
26.11.09.06............ Control of Particulate 6/21/04 7/6/05, 70 FR 38774 Addition of paragraph
Matter. 26.11.09.06C.
26.11.09.07............ Control of Sulfur 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(7).
Oxides from Fuel
Burning Equipment.
26.11.09.08............ Control of NOX 11/24/03 9/20/04, 69 FR 56170 (c)(191).
Emissions for Major
Stationary Sources.
26.11.09.09............ Tables and Diagrams... 11/11/02 5/1/03, 68 FR 23206 (c)(183); Revised
Table 1.
----------------------------------------------------------------------------------------------------------------
26.11.10 Control of Iron and Steel Production Installations
----------------------------------------------------------------------------------------------------------------
26.11.10.01............ Definitions........... 12/25/00 11/7/01, 66 FR 56222 (c)(163).
26.11.10.02............ Applicability......... 11/2/98 9/7/01, 66 FR 46727 (c)(153).
26.11.10.03............ Visible Emissions..... 6/29/09 7/27/2012 77 FR 44146 Revised paragraphs A.
and D. of
26.11.10.03 for
Sintering Plants.
26.11.10.04............ Control of Particulate 11/2/98 9/7/01, 66 FR 46727 (c)(153).
Matter.
26.11.10.05............ Sulfur Content 11/2/98 9/7/01, 66 FR 46727 (c)(153).
Limitations for Coke
Oven Gas.
26.11.10.05-1.......... Control of Carbon 9/12/05 2/9/10, 75 FR 6307
Monoxide Emissions
from Basic Oxygen
Furnaces.
26.11.10.06............ Control of Volatile 12/25/00 11/7/01 66 FR 56222 (c)(163).
Organic Compounds
from Iron and Steel
Production
Installations.
----------------------------------------------------------------------------------------------------------------
26.11.10.07............ Testing and 12/25/00 11/7/01, 66 FR 56222 (c)(163).
Observation
Procedures.
----------------------------------------------------------------------------------------------------------------
26.11.11 Control of Petroleum Products Installations, Including Asphalt Paving, Asphalt Concrete Plants, and Use
of Waste Oils
----------------------------------------------------------------------------------------------------------------
26.11.11.01............ Applicability......... 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(9).
26.11.11.02............ Asphalt Paving........ 4/26/93 1/6/95, 60 FR 2018 (c)(113)(i)(B)(1).
26.11.11.03............ Asphalt Concrete 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(9).
Plants in Areas I,
II, V, and VI.
26.11.11.06............ Use of Waste Oils as 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(9).
Fuel.
----------------------------------------------------------------------------------------------------------------
26.11.12 Control of Batch Type Hot-Dip Galvanizing Installations
----------------------------------------------------------------------------------------------------------------
26.11.12.01............ Definitions........... 5/8/95 7/25/00, 64 FR 45743 (c)(149).
26.11.12.02............ Applicability......... 5/8/95 7/25/00, 64 FR 45743 (c)(149).
26.11.12.03............ Prohibitions and 5/8/95 7/25/00, 64 FR 45743 (c)(149).
Exemptions.
26.11.12.04............ Visible Emissions..... 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(10).
26.11.12.05............ Particulate Matter.... 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(10).
26.11.12.06............ Reporting Requirements 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(10).
----------------------------------------------------------------------------------------------------------------
26.11.13 Control of Gasoline and Volatile Organic Compound Storage and Handling
----------------------------------------------------------------------------------------------------------------
26.11.13.01............ Definitions........... 10/18/07 7/18/08, 73 FR 41268
26.11.13.02............ Applicability and 4/26/93 1/6/95, 60 FR 2018 (c)(113)(i)(B)(3).
Exemption.
26.11.13.03............ Large Storage Tanks... 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(12).
26.11.13.04............ Loading Operations.... 8/11/97 12/22/98, 63 FR 70667 (c)(132).
26.11.13.05............ Gasoline Leaks from 2/15/93 1/6/95, 60 FR 2018 (c)(112).
Tank Trucks.
26.11.13.06............ Plans for Compliance.. 4/26/93 1/6/95, 60 FR 2018 (c)(113)(i)(B)(5).
26.11.13.07............ Control of Gasoline 6/18/07 7/17/08, 73 FR 40970
and VOC Emissions
from Portable Fuel
Containers.
26.11.13.08............ Control of VOC 10/18/07 7/18/08, 73 FR 41268 New Regulation.
Emissions from Marine
Vessel Loading.
----------------------------------------------------------------------------------------------------------------

[[Page 45]]

26.11.14 Control of Emissions From Kraft Pulp Mills
----------------------------------------------------------------------------------------------------------------
26.11.14.01............ Definitions........... 1/8/01, 10/15/01 11/7/01, 66 FR 56220 (c)(170).
26.11.14.02............ Applicability......... 1/8/01 11/7/01, 66 FR 56220 (c)(170).
26.11.14.06............ Control of Volatile 1/8/01, 10/15/01 11/7/01, 66 FR 56220 (c)(170).
Organic Compounds.
----------------------------------------------------------------------------------------------------------------
26.11.17 Requirements for Major New Sources and Modifications
----------------------------------------------------------------------------------------------------------------
26.11.17.01............ Definitions........... 10/22/07 8/2/12, 77 FR 45949.
26.11.17.02............ Applicability......... 10/22/07 8/2/12, 77 FR 45949.
26.11.17.03............ General Conditions.... 10/22/07 8/2/12, 77 FR 45949.
26.11.17.04............ Creating Emission 10/22/07 8/2/12, 77 FR 45949 Revised; Former
Reduction Credits Regulation .04 is
(ERCs). repealed and
replaced in its
entirety.
26.11.17.05............ Information on 10/22/07 8/2/12, 77 FR 45949 Revised; Former
Emission Reductions Regulation .05 is
and Certification. repealed and
replaced in its
entirety.
26.11.17.06............ Transferring Emission 10/22/07 8/2/12, 77 FR 45949 Added.
Reduction Credits.
26.11.17.07............ Plantwide 10/22/07 8/2/12, 77 FR 45949 Added.
Applicability Limit
(PAL)--General.
26.11.17.08............ Plantwide 10/22/07 8/2/12, 77 FR 45949 Added.
Applicability Limit
(PAL)--Permits.
26.11.17.09............ Plantwide 10/22/07 8/2/12, 77 FR 45949 Added.
Applicability Limit
(PAL)--Monitoring,
Record Keeping, and
Reporting.
----------------------------------------------------------------------------------------------------------------
26.11.19 Volatile Organic Compounds From Specific Processes
----------------------------------------------------------------------------------------------------------------
26.11.19.01............ Definitions........... 6/5/95 9/2/97, 62 FR 46199 (c)(126) Note: On 5/
13/1998 (63 FR
26462), EPA approved
the revised
definition of
``major stationary
source of VOC ``
with a State
effective date of 5/
8/1995 [(c)(128)].
26.11.19.02............ Applicability, 3/5/12 1/25/13, 78 FR 5290 Amended sections
Determining .02D, .02E, .02G and
Compliance, .02I.
Reporting, and
General Requirements.
26.11.19.03............ Automotive and Light- 9/22/97 11/5/98, 63 FR 59720 (c)(140).
Duty Truck Coating.
26.11.19.04............ Can Coating........... 8/1/88 11/3/92, 57 FR 49651 (C)(90)(i)(B)(12).
26.11.19.05............ Coil Coating.......... 8/1/88 11/3/92, 57 FR 49651 (C)(90)(i)(B)(12).
26.11.19.06............ Large Appliance 10/1/10 5/12/11, 76 FR 27610.
Coating.
26.11.19.07............ Paper, Fabric, Film, 5/16/11 10/17/11, 76 FR 64022 Revisions to Section
and Foil Coating. title and Sections
.07A and .07C(3).
26.11.19.07-1.......... Control of VOC 6/15/98 6/17/99 64 FR 32415 (c)(142).
Emissions from Solid
Resin Decorative
Surface Manufacturing.
26.11.19.07-2.......... Plastic Parts and 5/16/11 10/17/11, 76 FR 64022 New Regulation.
Business Machines
Coating.
26.11.19.08............ Metal Furniture 8/1/88 11/3/92, 57 FR 49651 (C)(90)(i)(B)(12).
Coating.
26.11.19.09............ Control of Volatile 6/5/95 8/4/97 62 FR 41853 (c)(123).
Organic Compounds
(VOC) Emissions from
Cold and Vapor
Degreasing.
26.11.19.10............ Flexographic and 4/19/10 9/27/10 75 FR 59086 Revision to section
Rotogravure Printing. .10B(2).
26.11.19.10-1.......... Flexible packaging 4/19/10 9/27/10, 75 FR 59086 New Regulation.
printing.
26.11.19.11............ Lithographic and 5/16/11 7/23/12 Sections .11A through
Letterpress Printing. 77 FR 43001 .11E are revised;
sections .11F
through .11H are
added.
26.11.19.12............ Dry Cleaning 9/22/97 9/2/98, 63 FR 46662 (c)(131).
Installations.

[[Page 46]]

26.11.19.13............ Drum and Pail Coating. 5/16/11 10/17/11 76 FR 64017 Revisions to Section
title and Sections
.13A, .13B, and .13C
and addition of new
Section .13D.
26.11.19.13-1.......... Aerospace Coating 10/2/00, 10/15/ 11/7/01, 66 FR 56220 (c)(169).
Operations. 01
26.11.19.13-2.......... Brake Shoe Coating 8/24/98 6/17/99, 64 FR 32415 (c)(142).
Operations.
26.11.19.13-3.......... Control of VOC 6/29/98 6/17/99, 64 FR 32415 (c)(142).
Emissions from
Structural Steel
Coating Operations.
26.11.19.14............ Manufacture of 5/8/91 11/29/94, 59 FR 60908 (c)(102)(i)(B)(14).
Synthesized
Pharmaceutical
Products.
26.11.19.15............ Paint, Resin, and 4/19/10 10/18/11, 76 FR 64237 Amendments to
Adhesive Sections .15A and
Manufacturing and .15C.
Adhesive and Sealant
Applications.
26.11.19.16............ Control of VOC 8/19/91 9/7/94, 59 FR 46180 (c)(103)(i)(B)(9).
Equipment Leaks.
26.11.19.17............ Control of Volatile 9/12/05 3/31/06, 71 FR 16237
Organic Compounds
(VOC) Emissions from
Yeast Manufacturing.
26.11.19.18............ Control of Volatile 6/10/02 1/15/03, 68 FR 1972 (c)(177).
Organic Compounds
(VOC) Emissions from
Screen Printing and
Digital Imaging.
26.11.19.19............ Control of Volatile 10/2/00 5/7/01, 66 FR 22924 (c)(156).
Organic Compounds
(VOC) Emissions from
Expandable
Polystyrene
Operations.
26.11.19.21............ Control of Volatile 7/3/95 10/15/97, 62 FR 53544 (c)(125)(i)(B)(4).
Organic Compounds
(VOC) Emissions from
Commercial Bakery
Ovens.
26.11.19.22............ Control of Volatile 8/11/97 9/23/99, 64 FR 41445 (c)(137).
Organic Compounds
(VOC) Emissions from
Vinegar Generators.
26.11.19.23............ Control of VOC 4/16/12 9/26/12, 77 FR 59093 Entire regulation
Emissions from revised.
Vehicle Refinishing.
26.11.19.24............ Control of VOC 8/11/97 9/23/99 64 FR 41445 (c)(137).
Emissions from
Leather Coating.
----------------------------------------------------------------------------------------------------------------
26.11.19.25............ Control of Volatile 8/11/97 1/26/99, 64 FR 3852 (c)(141).
Organic Compounds
from Explosives and
Propellant
Manufacturing.
26.11.19.26............ Control of Volatile 8/11/97 8/19/99, 64 FR 45182 (c)(139).
Organic Compound
Emissions from
Reinforced Plastic
Manufacturing.
26.11.19.27............ Control of Volatile 10/20/97 9/5/01, 66 FR 46379 (c)(166).
Organic Compounds
from Marine Vessel
Coating Operations.
26.11.19.27-1.......... Control of Volatile 10/12/12 9/26/13, 78 FR 59240 Regulation Added.
Organic Compounds
from Pleasure Craft
Coating Operations.
26.11.19.28............ Control of Volatile 10/2/00 5/7/01, 66 FR 22924 (c)(157).
Organic Compounds
from Bread and Snack
Food Drying
Operations.
26.11.19.29............ Control of Volatile 10/2/00, 10/15/ 11/7/01, 66 FR 56220 (c)(160).
Organic Compounds 01
from Distilled
Spirits Facilities.
26.11.19.30............ Control of Volatile 4/21/08 10/18/11, 76 FR 64237 Amendments to
Organic Compounds Sections .30A, .30B,
from Chemical .30C and .30E.
Production and
Flouropolymer
Material
Installations.
26.11.19.31............ Control of Volatile 6/5/06 1/11/07, 72 FR 1289
Organic Compounds
from Medical Device
Manufacturing.
----------------------------------------------------------------------------------------------------------------

[[Page 47]]

26.11.19.33............ Control of Volatile 4/19/10 1/26/11, 76 FR 4534 New Regulation.
Organic Compounds
(VOCs) from Flat wood
Paneling Coatings.
----------------------------------------------------------------------------------------------------------------
26.11.20 Mobile Sources
----------------------------------------------------------------------------------------------------------------
26.11.20.02............ Motor Vehicle Emission 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(13) [as
Control Devices. 26.11.20.06].
26.11.20.03............ Motor Vehicle Fuel 10/26/92 6/10/94, 59 FR 29957 (c)(101)(i)(B)(3).
Specifications.
26.11.20.04............ National Low Emission 3/22/99 12/28/99, 64 FR 72564 (c)(146).
Vehicle Program.
----------------------------------------------------------------------------------------------------------------
26.11.24 Stage II Vapor Recovery at Gasoline Dispensing Facilities
----------------------------------------------------------------------------------------------------------------
26.11.24.01............ Definitions........... 1/29/07 1/17/08, 73 FR 3187 Addition of
``Certified
Inspector'' and ``
`Vapor Recovery
System.''
26.11.24.01-1.......... Incorporation by 4/15/02 5/7/03, 68 FR 24363 (c)(178).
Reference.
26.11.24.02............ Applicability, 4/15/02 5/7/03, 68 FR 24363 (c)(178).
Exemptions, and
Effective Date.
26.11.24.03............ General Requirements.. 4/15/02 5/7/03, 68 FR 24363 (c)(178).
26.11.24.04............ Testing Requirements.. 2/28/05 5/8/06 71 FR 26688
----------------------------------------------------------------------------------------------------------------
26.11.24.05............ Inspection 2/15/93 6/9/94, 59 FR 29730 (c)(107).
Requirements.
26.11.24.05-1.......... Inspections by a 1/29/07 1/17/08, 73 FR 3187 Added Section.
Certified Inspector.
26.11.24.06............ Training Requirements 2/15/93 6/9/94, 59 FR 29730 (c)(107).
for Operation and
Maintenance of
Approved Systems.
26.11.24.07............ Record-Keeping and 2/28/05 5/8/06, 71 FR 26688
Reporting
Requirements.
26.11.24.08............ Instructional Signs... 2/15/93 6/9/94, 59 FR 29730 (c)(107).
26.11.24.09............ Sanctions............. 2/15/93 6/9/94, 59 FR 29730 (c)(107).
----------------------------------------------------------------------------------------------------------------
26.11.25 Control of Glass Melting Furnaces
----------------------------------------------------------------------------------------------------------------
26.11.25.01............ Definitions........... 10/5/98 10/19/05, 70 FR 60738
26.11.25.02............ Applicability and 10/5/98 10/19/05, 70 FR 60738
Exemptions.
26.11.25.03............ Visible Emissions from 10/5/98 10/19/05, 70 FR 60738
Glass Melting
Furnaces.
26.11.25.04............ Particulate Matter 10/5/98 10/19/05, 70 FR 60738
Emissions from Glass
Melting Furnaces.
----------------------------------------------------------------------------------------------------------------
26.11.26 Conformity
----------------------------------------------------------------------------------------------------------------
26.11.26.01............ Purpose............... 6/30/08 9/26/11, 76 FR 59254 New Regulation.
26.11.26.02............ Definitions........... 6/30/08 9/26/11, 76 FR 59254 Definitions added for
transportation
conformity;
definitions for
general conformity
were approved at
(c)(136).
26.11.26.03............ Transportation 6/30/08 9/26/11, 76 FR 59254 New Regulation.
Conformity.
26.11.26.04............ Transportation 6/30/08 9/26/11, 76 FR 59254 New Regulation.
Conformity--Consultat
ion in General.
26.11.26.05............ Transportation 6/30/08 9/26/11, 76 FR 59254 New Regulation.
Conformity--Interagen
cy Consultation
Requirements.
26.11.26.06............ Transportation 6/30/08 9/26/11, 76 FR 59254 New Regulation.
Conformity--Dispute
Resolution.
26.11.26.07............ Transportation 6/30/08 9/26/11], 76 FR 59254 New Regulation.
Conformity--Public
Consultation
Procedures.
26.11.26.08............ Transportation 6/30/08 9/26/11, 76 FR 59254 New Regulation.
Conformity--Interagen
cy Consultation.
26.11.26.09............ General Conformity.... 6/30/08 9/26/11, 76 FR 59254 Formerly SIP
regulation
26.11.26.03.
----------------------------------------------------------------------------------------------------------------
26.11.27 Emission Limitations for Power Plants
----------------------------------------------------------------------------------------------------------------
26.11.27.01............ Definitions........... 7/16/07 9/4/08, 73 FR 51599

[[Page 48]]

26.11.27.02............ Applicability and 7/16/07 9/4/08, 73 FR 51599
Exceptions.
26.11.27.03............ General Requirements.. 7/16/07 9/4/08, 73 FR 51599 Exceptions:
Paragraphs
.03B(7)(a)(iii) and
.03D; the word
``and'' at the end
of paragraph
.03B(7)(a)(ii).
26.11.27.05............ Monitoring and 7/16/07 9/4/08, 73 FR 51599
Reporting
Requirements.
----------------------------------------------------------------------------------------------------------------
26.11.27.06............ Judicial Review of 7/16/07 9/4/08, 73 FR 51599
Penalty Waivers.
----------------------------------------------------------------------------------------------------------------
26.11.28 Clean Air Interstate Rule
----------------------------------------------------------------------------------------------------------------
26.11.28.01............ Definitions........... 6/16/08 10/30/09, 74 FR 56117
26.11.28.02............ Incorporation by 6/16/08 10/30/09, 74 FR 56117
Reference.
26.11.28.03............ Affected Units and 6/16/08 10/30/09, 74 FR 56117
General Requirements.
26.11.28.04............ Requirements for New 6/16/08 10/30/09, 74 FR 56117
Affected Trading
Units and NOX Set
Aside Pool.
26.11.28.05............ NOX Allowances for 6/16/08 10/30/09, 74 FR 56117
Renewable Energy
Projects and
Consumers of Electric
Power.
26.11.28.06............ NOX Allowances To Be 6/16/08 10/30/09, 74 FR 56117
Distributed to
Consumers of Electric
Power.
26.11.28.07............ Distribution of Unused 6/16/08 10/30/09, 74 FR 56117
NOX Allowances in the
Set Aside Pool.
26.11.28.08............ Allocation of NOX 6/16/08 10/30/09, 74 FR 56117 Annual and Ozone
Allowances. Season Allocations
start in 2010
instead of 2009.
----------------------------------------------------------------------------------------------------------------
26.11.29 NOX Reduction and Trading Program
----------------------------------------------------------------------------------------------------------------
26.11.29.01............ Definitions........... 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1).
26.11.29.02............ Incorporation by 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1).
Reference.
26.11.29.03............ Scope and 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1).
Applicability.
26.11.29.04............ General Requirements 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1).
for Affected Trading
Sources.
26.11.29.05............ NOX Allowance 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1).
Allocations.
26.11.29.06............ Compliance Supplement 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1).
Pool.
26.11.29.07............ Allowance Banking..... 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1).
26.11.29.08............ Emission Monitoring... 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1).
26.11.29.09............ Requirements for New 11/24/03 3/22/04 69 FR 13236 (c)(186)(i)(C)(1)-(5)
Sources and Set-Aside .
Pool.
26.11.29.10............ Reporting............. 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1).
26.11.29.11............ Record Keeping........ 5/1/00 1/10/01 66 FR 1866 (c)(154)(i)(B)(1).
26.11.29.12............ End-of-Season 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1).
Reconciliation.
26.11.29.13............ Compliance 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1).
Certification.
26.11.29.14............ Penalties............. 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1).
26.11.29.15............ Requirements for 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1).
Affected Nontrading
Sources.
----------------------------------------------------------------------------------------------------------------
26.11.30 Policies and Procedures Relating to Maryland's NOX Reduction and Trading Program
----------------------------------------------------------------------------------------------------------------
26.11.30.01............ Scope and 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(2).
Applicability.
26.11.30.02............ Definitions........... 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(2).
26.11.30.03............ Procedures Relating to 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(2).
Compliance Accounts
and Overdraft
Accounts.
26.11.30.04............ Procedures Relating to 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(2).
General Accounts.
26.11.30.05............ Allowance Banking..... 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(2).
26.11.30.06............ Allowance Transfers... 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(2).
26.11.30.07............ Early Reductions...... 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(2).
26.11.30.08............ Opt-In Procedures..... 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(2).
26.11.30.09............ Allocation of 6/19/06 11/03/06, 71 FR 64647 New column for 2008
Allowances. allocations.
----------------------------------------------------------------------------------------------------------------

[[Page 49]]

26.11.32 Control of Emissions of Volatile Organic Compounds From Consumer Products
----------------------------------------------------------------------------------------------------------------
26.11.32.01............ Applicability and 6/18/07 12/10/07 72 FR 69621
Exemptions.
26.11.32.02............ Incorporation by 6/18/07 12/10/07 72 FR 69621
Reference.
26.11.32.03............ Definitions........... 6/18/07 12/10/07 72 FR 69621
26.11.32.04............ Standards--General.... 6/18/07 12/10/07 72 FR 69621
26.11.32.05............ Standards--Requirement 8/18/03 12/09/03 68 FR 68523 (c)(185).
s for Charcoal
Lighter Materials.
26.11.32.06............ Standards--Requirement 6/18/07 12/10/07 72 FR 69621
s for Aerosol
Adhesives.
26.11.32.07............ Standards--Requirement 8/18/03 12/09/03 68 FR 68523 (c)(185).
s for Floor Wax
Strippers.
26.11.32.08............ Requirements for 6/18/07 12/10/07 72 FR 69621 New Regulation.
Contact Adhesives,
Electronic Cleaners,
Footwear, or Leather
Care Products, and
General Purpose
Cleaners.
26.11.32.09............ Requirements for 6/18/07 12/10/07 72 FR 69621 New Regulation.
Adhesive Removers,
Electrical Cleaners,
and Graffiti Removers.
26.11.32.10............ Requirements for Solid 6/18/07 12/10/07 72 FR 69621 New Regulation.
Air Fresheners and
Toilet and Urinal
Care Products.
26.11.32.11............ Innovative Products-- 6/18/07 12/10/07 72 FR 69621 Recodification of
CARB Exemption. existing Regulation
.08.
26.11.32.12............ Innovative Products-- 6/18/07 12/10/07 72 FR 69621
Department Exemption.
26.11.32.13............ Administrative 6/18/07 12/10/07 72 FR 69621 Recodification of
Requirements. existing Regulation
.10; Amended.
26.11.32.14............ Reporting Requirements 6/18/07 12/10/07 72 FR 69621 Recodification of
existing Regulation
.11; Amended.
26.11.32.15............ Variances............. 6/18/07 12/10/07 72 FR 69621 Recodification of
existing Regulation
.12; Amended.
26.11.32.16............ Test Methods.......... 6/18/07 12/10/07 72 FR 69621 Recodification of
existing Regulation
.13; Amended.
26.11.32.17............ Alternative Control 6/18/07 12/10/07 72 FR 69621 Recodification of
Plan (ACP). existing Regulation
.14; Amended.
26.11.32.18............ Approval of an ACP 6/18/07 12/10/07 72 FR 69621 Recodification of
Application. existing Regulation
.15; Amended.
26.11.32.19............ Record Keeping and 6/18/07 12/10/07 72 FR 69621 Recodification of
Availability of existing Regulation
Requested Information. .16.
26.11.32.20............ Violations............ 6/18/07 12/10/07 72 FR 69621 Recodification of
existing Regulation
.17.
26.11.32.21............ Surplus Reduction and 6/18/07 12/10/07 72 FR 69621 Recodification of
Surplus Trading. existing Regulation
.18; Amended.
26.11.32.22............ Limited-use surplus 6/18/07 12/10/07 72 FR 69621 Recodification of
reduction credits for existing Regulation
early formulations of .19; Amended.
ACP Products.
26.11.32.23............ Reconciliation of 6/18/07 12/10/07 72 FR 69621 Recodification of
Shortfalls. existing Regulation
.20; Amended.
26.11.32.24............ Modifications to an 6/18/07 12/10/07 72 FR 69621 Recodification of
ACP. existing Regulation
.21; Amended.
26.11.32.25............ Cancellation of an ACP 6/18/07 12/10/07 72 FR 69621 Recodification of
existing Regulation
.22; Amended.
26.11.32.26............ Transfer of an ACP.... 6/18/07 12/10/07 72 FR 69621 Recodification of
existing Regulation
.23
----------------------------------------------------------------------------------------------------------------
26.11.33 Architectural Coatings
----------------------------------------------------------------------------------------------------------------
26.11.33.01............ Applicability and 3/29/04 5/12/05, 70 FR 24979
Exemptions.
26.11.33.02............ Test Methods-- 3/29/04 5/12/05, 70 FR 24979
Incorporation by
Reference.
26.11.33.03............ Definitions........... 3/29/04 5/12/05, 70 FR 24979
26.11.33.04............ General Standard--VOC 3/29/04 5/12/05, 70 FR 24979
Content Limits.
26.11.33.05............ VOC Content Limits.... 3/29/04 5/12/05, 70 FR 24979
26.11.33.06............ Most Restrictive VOC 2/28/05 10/19/05, 70 FR 60740 Addition of sections
Limit. B(15) through B(19).

[[Page 50]]

26.11.33.07............ Painting Restrictions. 3/29/04 5/12/05, 70 FR 24979
26.11.33.08............ Thinning.............. 3/29/04 5/12/05, 70 FR 24979
26.11.33.09............ Rust Preventive 3/29/04 5/12/05, 70 FR 24979
Coatings.
26.11.33.10............ Coatings Not Listed in 2/28/05 10/19/05, 70 FR 60740
Regulation .05.
26.11.33.11............ Lacquers.............. 3/29/04 5/12/05, 70 FR 24979
26.11.33.12............ Container Labeling 2/28/05 10/19/05, 70 FR 60740 Deleted section K.
Requirements.
26.11.33.13............ Record Keeping 2/28/05 10/19/05, 70 FR 60740
Requirements.
26.11.33.14............ Compliance Provisions 3/29/04 5/12/05, 70 FR 24979
and Test Methods.
----------------------------------------------------------------------------------------------------------------
26.11.34 Low Emissions Vehicle Program
----------------------------------------------------------------------------------------------------------------
26.11.34.01............ Purpose............... 12/17/07 6/11/13; 78 FR 34911
26.11.34.02 (except Incorporation by 5/16/11 6/11/13; 78 FR 34911
.02B(17)). Reference. 11/16/09
12/17/07
26.11.34.03............ Applicability and 12/17/07 6/11/13; 78 FR 34911
Exemptions.
26.11.34.04............ Definitions........... 12/17/07 6/11/13; 78 FR 34911
26.11.34.05............ Emissions Requirements 12/17/07 6/11/13; 78 FR 34911
26.11.34.06............ Fleet Average NMOG 12/17/07 6/11/13; 78 FR 34911
Requirements.
26.11.34.07............ Initial NMOG Credit 12/17/07 6/11/13; 78 FR 34911
Account Balances.
26.11.34.08............ Fleet Average 12/17/07 6/11/13; 78 FR 34911
Greenhouse Gas
Requirements.
26.11.34.09............ Zero Emission Vehicle 12/17/07 6/11/13; 78 FR 34911
(ZEV) Requirements.
26.11.34.10............ Initial ZEV Credit 12/17/07 6/11/13; 78 FR 34911
Account Balances.
26.11.34.11............ Vehicle Testing....... 12/17/07 6/11/13; 78 FR 34911
26.11.34.12............ Warranty.............. 12/17/07 6/11/13; 78 FR 34911
26.11.34.13............ Manufacturer 12/17/07 6/11/13; 78 FR 34911
Compliance
Demonstration.
26.11.34.14............ Enforcement........... 12/17/07 6/11/13; 78 FR 34911
----------------------------------------------------------------------------------------------------------------

26.11.35 Volatile Organic Compounds from Adhesives and Sealants
----------------------------------------------------------------------------------------------------------------

26.11.35.01............ Applicability and 4/21/08 10/18/11, 76 FR 64237 New Section.
Exemptions. 6/1/09
26.11.35.02............ Incorporation by 4/21/08 10/18/11, 76 FR 64237 New Section.
Reference.
26.11.35.03............ Definitions........... 4/21/08 10/18/11, 76 FR 64237 New Section.
26.11.35.04............ Standards............. 4/21/08 10/18/11, 76 FR 64237 New Section.
26.11.35.05............ Administrative 4/21/08 10/18/11, 76 FR 64237 New Section.
Requirements.
26.11.35.06............ Compliance Procedures 4/21/08 10/18/11, 76 FR 64237 New Section.
and Test Methods.
26.11.35.07............ Container Labeling.... 4/21/08 10/18/11, 76 FR 64237 New Section.
----------------------------------------------------------------------------------------------------------------

11.14.08 Vehicle Emissions Inspection Program
----------------------------------------------------------------------------------------------------------------

11.14.08.01............ Title................. 1/02/95 10/29/99, 64 FR 58340 (c)(144).
11.14.08.02............ Definitions........... 1/02/95, 10/19/ 10/29/99, 64 FR 58340 (c)(144).
98
11.14.08.03............ Applicability......... 6/10/02 1/16/03, 68 FR 2208 (c)(179).
11.14.08.04............ Exemptions............ 1/02/95 10/29/99, 64 FR 58340 (c)(144).
11.14.08.05............ Schedule of the 1/02/95, 12/16/ 10/29/99, 64 FR 58340 (c)(144).
Program. 96
11.14.08.06............ Certificates.......... 6/10/02 1/16/03, 68 FR 2208 (c)(179).
11.14.08.07............ Extensions............ 1/02/95, 10/19/ 10/29/99, 64 FR 58340 (c)(144).
98
11.14.08.08............ Enforcement........... 1/02/95 10/29/99, 64 FR 58340 (c)(144).
11.14.08.09............ Inspection Standards.. 6/10/02 1/16/03, 68 FR 2208 (c)(179).

[[Page 51]]

11.14.08.10............ General Requirements 1/02/95, 12/16/ 10/29/99, 64 FR 58340 (c)(144).
for Inspection and 96,
Preparation for 10/19/98
Inspection.
11.14.08.11............ Idle Exhaust Emissions 10/18/98 10/29/99, 64 FR 58340 (c)(144).
Test and Equipment
Checks.
11.14.08.11-1.......... Transient Exhaust 12/16/96, 10/19/ 10/29/99, 64 FR 58340 (c)(144).
Emissions Test and 98
Evaporative Purge
Test Sequence.
11.14.08.12............ Evaporative Integrity 6/10/02 1/16/03, 68 FR 2208 (c)(179).
Test, Gas Cap Leak
Test, and On-Board
Diagnostics
Interrogation
Procedures.
11.14.08.13............ Failed Vehicle and 1/02/95 10/29/99, 64 FR 58340 (c)(144).
Reinspection
Procedures.
11.14.08.14............ Dynamometer System 1/02/95 10/29/99, 64 FR 58340 (c)(144).
Specifications.
11.14.08.15............ Constant Volume 1/02/95, 10/19/ 10/29/99, 64 FR 58340 (c)(144).
Sampler, Analysis 98
System, and Inspector
Control
Specifications.
11.14.08.16............ Evaporative Test 6/10/02 1/16/03, 68 FR 2208 (c)(179).
Equipment, Gas Cap
Leak Test Equipment,
and On-Board
Diagnostics
Interrogation
Equipment
Specifications.
11.14.08.17............ Quality Assurance and 1/02/95 10/29/99, 64 FR 58340 (c)(144).
Maintenance--General
Requirements.
11.14.08.18............ Test Assurance 1/02/95 10/29/99, 64 FR 58340 (c)(144).
Procedures.
11.14.08.19............ Dynamometer Periodic 1/02/95 10/29/99, 64 FR 58340 (c)(144).
Quality Assurance
Checks.
11.14.08.20............ Constant Volume 1/02/95 10/29/99, 64 FR 58340 (c)(144).
Sampler Periodic
Quality Assurance
Checks.
11.14.08.21............ Analysis System 1/02/95 10/29/99, 64 FR 58340 (c)(144).
Periodic Quality
Assurance Checks.
11.14.08.22............ Evaporative Test 1/2/95 10/29/99 64 FR 58340 (c)(144).
Equipment, Gas Cap 10/19/98
Leak Test Equipment
and On-Board
Diagnostics
Interrogation
Equipment Periodic
Quality Assurance
Checks.
11.14.08.23............ Overall System 1/02/95 10/29/99, 64 FR 58340 (c)(144).
Performance Quality
Assurance.
11.14.08.24............ Control Charts........ 1/02/95 10/29/99, 64 FR 58340 (c)(144).
11.14.08.25............ Gas Specifications.... 1/02/95 10/29/99, 64 FR 58340 (c)(144).
11.14.08.26............ Vehicle Emissions 1/02/95 10/29/99, 64 FR 58340 (c)(144).
Inspection Station.
11.14.08.27............ Technician's Vehicle 1/02/95, 10/19/ 10/29/99, 64 FR 58340 (c)(144).
Report. 98
11.14.08.28............ Feedback Reports...... 1/02/95, 10/19/ 10/29/99, 64 FR 58340 (c)(144).
98
11.14.08.29............ Certified Emissions 1/02/95, 12/16/ 10/29/99, 64 FR 58340 (c)(144).
Technician. 96
11.14.08.30............ Certified Emissions 1/02/95, 12/16/ 10/29/99, 64 FR 58340 (c)(144).
Repair Facility. 96
11.14.08.31............ On-Highway Emissions 1/02/95 10/29/99, 64 FR 58340 (c)(144).
Test.
11.14.08.32............ Fleet Inspection 1/02/95, 12/16/ 10/29/99, 64 FR 58340 (c)(144).
Station. 96,
10/19/98
11.14.08.33............ Fleet Inspection 1/02/95 10/29/99, 64 FR 58340 (c)(144).
Standards.
11.14.08.34............ Fleet Inspection and 1/02/95 10/29/99, 64 FR 58340 (c)(144).
Reinspection Methods.
11.14.08.35............ Fleet Equipment and 1/02/95 10/29/99, 64 FR 58340 (c)(144).
Quality Assurance
Requirements.

[[Page 52]]

11.14.08.36............ Fleet Personnel 1/02/95 10/29/99, 64 FR 58340 (c)(144).
Requirements.
11.14.08.37............ Fleet Calibration Gas 1/02/95 10/29/99, 64 FR 58340 (c)(144).
Specifications and
Standard Reference
Materials.
11.14.08.38............ Fleet Recordkeeping 1/02/95 10/29/99, 64 FR 58340 (c)(144).
Requirements.
11.14.08.39............ Fleet Fees............ 1/02/95 10/29/99, 64 FR 58340 (c)(144).
11.14.08.40............ Fleet License 1/02/95 10/29/99, 64 FR 58340 (c)(144).
Suspension and
Revocation.
11.14.08.41............ Audits................ 1/02/95 10/29/99, 64 FR 58340 (c)(144).
11.14.08.42............ Fleet Inspection After 1/02/95, 2/16/ 10/29/99, 64 FR 58340 (c)(144).
1998. 96,
10/19/98
----------------------------------------------------------------------------------------------------------------
03.03.05 Motor Fuel Inspection [Contingency SIP Measure]
----------------------------------------------------------------------------------------------------------------
03.03.05.01............ Definitions........... 12/18/95 1/30/96, 61 FR 2982 (c)(101)(i)(B)(4);
Approved as a
contingency SIP
measure as part of
the CO Maintenance
Plans for Baltimore
and DC. [(c)(117)
and (c)(118)].
03.03.05.01-1.......... Standard 12/18/95 1/30/96, 61 FR 2982
Specifications for
Gasoline.
03.03.05.02-1.......... Other Motor Vehicle 10/26/92 6/10/94, 58 FR 29957
Fuels.
03.03.05.05............ Labeling of Pumps..... 12/18/95 1/30/96, 61 FR 2982
03.03.05.08............ Samples and Test 10/26/92 6/10/94, 58 FR 29957
Tolerance.
03.03.05.15............ Commingled Products... 10/26/92 6/10/94, 58 FR 29957
----------------------------------------------------------------------------------------------------------------
03.03.06 Emissions Control Compliance [Contingency SIP Measure]
----------------------------------------------------------------------------------------------------------------
03.03.06.01............ Definitions........... 12/18/95 1/30/96, 61 FR 2982 (c)(101)(i)(B)(5);
Approved as a
contingency SIP
measure as part of
the CO Maintenance
Plans for Baltimore
and DC. [(c)(117)
and (c)(118)].
03.03.06.02............ Vapor Pressure 10/26/92 6/10/94, 58 FR 29957
Determination.
03.03.06.03............ Oxygen Content 12/18/95 1/30/96, 61 FR 2982
Determination.
03.03.06.04............ Registration.......... 10/26/92 6/10/94, 58 FR 29957
03.03.06.05............ Record Keeping........ 10/26/92 6/10/94, 58 FR 29957
03.03.06.06............ Transfer Documentation 12/18/95 1/30/96, 61 FR 2982
----------------------------------------------------------------------------------------------------------------
20.79.01 Applications Concerning the Construction or Modification of Generating Stations and Overhead
Transmission Lines--General
----------------------------------------------------------------------------------------------------------------
20.79.01.01A, .01C, and Scope................. 12/28/09 2/10/12, 77 FR 6963 Added; limited
.01D. approval.
20.79.01.02A and Definitions........... 12/28/09 2/10/12, 77 FR 6963 Added; limited
.02B(1) through (13), approval.
(14)(a), (15), (16),
and (18) through (20).
20.79.01.06............ Modifications to 12/28/09 2/10/12, 77 FR 6963 Added; limited
Facilities at a Power approval.
Plant.
----------------------------------------------------------------------------------------------------------------
20.79.02 Applications Concerning the Construction or Modification of Generating Stations and Overhead
Transmission Lines--Administrative Provisions
----------------------------------------------------------------------------------------------------------------
20.79.02.01............ Form of Application... 2/10/97 2/10/12, 77 FR 6963 Added; limited
approval.
20.79.02.02............ Distribution of 2/10/97; 2/10/12, 77 FR 6963 Added; limited
Application. 11/8/04 approval.
20.79.02.03............ Proceedings on the 2/10/97; 2/10/12, 77 FR 6963 Added; Limited
Application. 11/8/04 approval.
----------------------------------------------------------------------------------------------------------------

[[Page 53]]

20.79.03 Applications Concerning the Construction or Modification of Generating Stations and Overhead
Transmission Lines--Details of Filing Requirements--Generating Stations
----------------------------------------------------------------------------------------------------------------
20.79.03.01............ Description of 2/10/97; 2/10/12, 77 FR 6963 Added; limited
Generating Station. 11/8/04 approval.
20.79.03.02A and Environmental 2/10/97; 2/10/12, 77 FR 6963 Added; limited
.02B(1) and (2). Information. 11/8/04 approval.
----------------------------------------------------------------------------------------------------------------
TM Technical Memoranda
----------------------------------------------------------------------------------------------------------------
TM91-01 [Except Methods Test Methods and 11/2/98 9/7/01, 66 FR 46727 (c)(153)(i)(D)(5)
1004A through E]. Equipment (Supplement 3 is
Specifications for added).
Stationary Sources.
----------------------------------------------------------------------------------------------------------------
Public Utility Companies Article of the Annotated Code of Maryland
----------------------------------------------------------------------------------------------------------------
Annotated Code of Title/subject State effective EPA approval date Additional
Maryland citation date explanation/citation
at 40 CFR 52.1100
----------------------------------------------------------------------------------------------------------------
Section 7-205.......... Electric Companies-- 7/01/06 2/10/12, 77 FR 6963 Added; limited
Modification of Power approval.
Plant.
Section 7-207(a), Generating Stations or 7/01/07 2/10/12, 77 FR 6963 Added; limited
(b)(1), (c), (d), and Transmission Lines-- approval.
(e). General Certification
Procedure.
Section 7-207.1(a) and Generating Stations or 7/01/07 2/10/12, 77 FR 6963 Added; limited
(e). Transmission Lines-- approval.
Onsite Generated
Electricity; Approval
Process.
Section 7-208 (a)(1), Generating Stations or 7/01/01 2/10/12, 77 FR 6963 Added; limited
(b) through (f), and Transmission Lines-- approval.
(h)(2). Joint Construction of
Station and
Associated Lines.
----------------------------------------------------------------------------------------------------------------
State Government Article of the Annotated Code of Maryland
----------------------------------------------------------------------------------------------------------------
Section 15-102(a)(1), Definitions........... 10/1/12 12/6/13, 78 FR 73442 Added; addresses CAA
(a)(2)(bb), section 128.
(a)(2)(ff), and
(a)(2)(ll).
Section 15-103(a), Designation of 10/1/95 12/6/13, 78 FR 73442 Added; addresses CAA
(b)(1) and (b)(2), and Individuals as public section 128.
(f). officials.
Section 15-601(a)...... Individuals required 10/1/04 12/6/13, 78 FR 73442 Added; addresses CAA
to file statement. section 128.
Section 15-602(a)(1) Financial disclosure 10/1/08 12/6/13, 78 FR 73442 Added; addresses CAA
through (a)(5). statement--Filing section 128.
requirements.
Section 15-607(a) Content of statements. 10/1/04 12/6/13, 78 FR 73442 Added; addresses CAA
through (j). section 128.
Section 15-608(a) Interests attributable 10/1/95 12/6/13, 78 FR 73442 Added; addresses CAA
through (c). to individual filing section 128.
statement.
----------------------------------------------------------------------------------------------------------------

(d) EPA approved state source-specific requirements.

----------------------------------------------------------------------------------------------------------------
State effective Additional
Name of source Permit number/type date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
GenOn Chalk Point Generating The 2011 Consent 3/10/11........... 5/4/12, 77 FR Docket No.
Station. Decree for Chalk 26438. 52.1070(d). The
Point. SIP approval
includes specific
provisions of the
2011 Consent
Decree for which
the State of
Maryland
requested
approval on
October 12, 2011.

[[Page 54]]

Northeast Maryland Waste Secretarial Order. 11/20/81.......... 7/7/82, 47 FR 52.1100(c)(65)
Disposal Authority. 29531. (Wheelabrator-
Frye, Inc.).
Northeast Maryland Waste Secretarial Order. 2/25/83........... 8/24/83, 45 FR 52.1100(c)(70)
Disposal Authority and 55179. (Shutdown of
Wheelabrator-Frye, Inc. and the landfill for
Mayor and City Council of offsets).
Baltimore and BEDCO Development
Corp.
Westvaco Corp................... Consent Order..... 9/6/83; Rev. 1/26/ 12/20/84, 49 FR 52.1100(c)(74).
84. 49457.
Potomac Electric Power Company Administrative 9/13/99........... 12/15/00, 65 FR 52.1100(c)(151).
(PEPCO). Consent Order. 78416.
Thomas Manufacturing Corp....... Consent Decree.... 2/15/01........... 11/15/01, 66 FR 52.1100(c)(167).
57395.
Constellation Power Source Consent Order and 4/25/01........... 2/27/02, 67 FR 52.1100(c)(168).
Generation, Inc.--Brandon NOX RACT 8897.
Shores Units 1 & 2; Averaging Plan
Gould Street Unit 3; Proposal.
H.A. Wagner Units 1,
2, 3 & 4; C.P. Crane Units
1 & 3; and Riverside
Unit 4.
Kaydon Ring and Seal, Inc....... Consent Order..... 3/5/04............ 8/31/04, 69 FR (c)(190).
53002.
Perdue Farms, Inc............... Consent Order..... 2/1/05............ 1/11/07, 72 FR 52.1070(d)(1).
1291.
----------------------------------------------------------------------------------------------------------------

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

----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State submittal Additional
revision geographic area date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
Base Year Emissions Inventory... Metropolitan 9/20/95........... 10/30/95, 60 FR 52.1075(a) CO.
Baltimore Ozone 55321.
Nonattainment
Area 1990.
1990 Base Year Emissions Metropolitan 3/21/94........... 1/30/96, 61 FR 52.1075(b) CO.
Inventory. Washington Ozone 10/12/95.......... 2931.
Nonattainment
Area.
1990 Base Year Emissions All ozone 3/21/94........... 9/27/96, 61 FR 52.1075(c) VOC,
Inventory. nonattainment 50715. NOX, CO.
areas.
1990 Base Year Emissions Kent & Queen 3/21/94........... 9/27/96, 61 FR 52.1075(d) VOC,
Inventory. Anne's Counties. 50715. NOX, CO.
1990 Base Year Emissions Metropolitan 3/21/94........... 4/23/97, 62 FR 52.1075(e) VOC,
Inventory. Washington Ozone 19676. NOX, CO.
Nonattainment
Area.
1990 Base Year Emissions Metropolitan 12/24/97.......... 7/8/98, 63 FR 52.1075(f) VOC,
Inventory. Washington Ozone 36854. NOX.
Nonattainment
Area.
1990 Base Year Emissions Metropolitan 12/24/97.......... 2/3/00, 65 FR 5245 52.1075(g) VOC,
Inventory. Baltimore Ozone NOX.
Nonattainment
Area.
1990 Base Year Emissions Philadelphia- 12/24/97, 4/29/98, 2/3/00, 65 FR 52.1075(h) VOC,
Inventory. Wilmington- 12/21/99, 12/28/ 5252, 9/19/01, 66 NOX.
Trenton Ozone 00. FR 48209.
Nonattainment
Area (Cecil
County).
15% Rate of Progress Plan....... Philadelphia- 7/12/95, 95-20. 40457.
Trenton Ozone
Nonattainment
Area (Cecil
County).
Stage II Vapor Recovery Western Maryland & 11/5/97........... 12/9/98, 63 FR 52.1076(b).
Comparability Plan. Eastern Shore 67780.
Counties.
15% Rate of Progress Plan....... Metropolitan 10/7/98........... 2/3/00, 65 FR 5245 52.1076(c).
Baltimore Ozone
Nonattainment
Area.
15% Rate of Progress Plan....... Metropolitan 5/5/98............ 7/19/00, 65 FR 52.1076(d).
Washington Ozone 44686.
Nonattainment
Area.

[[Page 55]]

Post-1996 Rate of Progress Plan Philadelphia- 12/24/97, 4/24/98. 2/3/00, 65 FR 5252 52.1076(f).
& contingency measures. Wilmington-
Trenton Ozone
Nonattainment
Area (Cecil
County).
8/18/98, 12/21/99. 9/19/01, 66 FR
44809.
12/28/00, 3/8/04.. 4/15/04, 69 FR 52.1076(f)(3).
19939.
Ozone Attainment Plan........... Philadelphia- 4/29/98, 8/18/98, 10/29/01, 66 FR 52.1076(h).
Wilmington- 12/21/99, 12/28/ 54578.
Trenton Ozone 00, 8/31/01.
Nonattainment
Area (Cecil
County).
9/2/03............ 10/27/03, 68 FR
61103.
Transportation Conformity Philadelphia- 4/29/98, 8/18/98, 10/29/01, 66 FR 52.1076(i).
Budgets. Wilmington- 12/21/99, 12/28/ 54578.
Trenton Ozone 00.
Nonattainment
Area (Cecil
County).
Post-1996 Rate of Progress Plan Metropolitan 12/24/97, 4/24/98, 9/26/01, 66 FR 52.1076(j).
& contingency measures. Baltimore Ozone 8/18/98, 12/21/ 49108.
Nonattainment 99, 12/28/00.
Area.
Ozone Attainment Plan........... Metropolitan 4/29/98, 8/18/98, 10/30/01, 66 FR 52.1076(k).
Baltimore Ozone 12/21/99, 12/28/ 54666.
Nonattainment 00, 8/31/01.
Area.
9/2/03............ 10/27/03, 68 FR 52.1076(k).
61103.
Mobile budgets.................. Metropolitan 8/31/01........... 10/30/01, 66 FR 52.1076(l).
Baltimore Ozone 54666.
Nonattainment
Area.
9/2/03............ 10/27/03, 68 FR
61103.
Mobile budgets (2005)........... Metropolitan 9/2/03............ 10/27/03, 68 FR 52.1076(m).
Baltimore Ozone 61103.
Nonattainment
Area.
Philadelphia-
Wilmington-
Trenton Ozone
Nonattainment
Area (Cecil
County).
Mobile budgets (2005 Rate of Metropolitan 11/3/03........... 2/13/04, 69 FR 52.1076(n).
Progress Plan). Baltimore Ozone 7133.
Nonattainment
Area.
Extension for incorporation of All ozone 7/9/02............ 1/16/03, 68 FR 52.1078(b).
the on-board diagnostics (OBD) nonattainment 2208.
testing program into the areas.
Maryland I/M SIP.
Photochemical Assessment Metropolitan 3/24/94........... 9/11/95, 60 FR 52.1080.
Monitoring Stations (PAMS) Baltimore and 47081.
Program. Metropolitan
Washington Ozone
Nonattainment
Areas.
Consultation with Local All nonattainment 10/8/81........... 4/8/82, 47 FR 52.1100(c)(63).
Officials (CAA Sections 121 & & PSD areas. 15140.
127).
Lead (Pb) SIP................... City of Baltimore. 10/23/80.......... 2/23/82, 47 FR 52.1100(c)(60),
7835. (61).
TM90-01--``Continuous Statewide......... 9/18/91........... 2/28/96, 61 FR 52.1100(c)(106);
Emission Monitoring Policies 7418. approved into SIP
and Procedures''--October 1990. as ``additional
material'', but
not IBR'd.
Carbon Monoxide Maintenance Plan City of Baltimore-- 9/20/95........... 10/31/95 60 FR 52.1100(c)(117).
Regional Planning 7/15/04........... 55321. Revised Carbon
District 118. 7/15/04........... 4/04/05 70 FR Monoxide
16958. Maintenance Plan
Base Year
Emissions
Inventory using
MOBILE6.
Carbon Monoxide Maintenance Plan Montgomery County 10/12/95.......... 1/30/96 61 FR 2931 52.1100(c)(118).
Election 3/3/04............ 4/04/05 70 FR Revised Carbon
Districts 4, 7, 16958. Monoxide
and 13; Prince Maintenance Plan
Georges County Base Year
Election Emissions
Districts 2, 6, Inventory using
12, 16, 17, and MOBILE6.
18.
----------------------------------------------------------------------------------------------------------------

[[Page 56]]

Ozone Maintenance Plan.......... Kent and Queen 2/4/04............ 10/21/04, 69 FR 52.1100(c)(187);
Anne's Counties. 61766. SIP effective
date is 11/22/04.
1996-1999 Rate-of-Progress Plan Washington DC 1- 12/20/97, 5/20/99. 5/16/05, 70 FR Only the TCMs in
SIP and the Transportation hour ozone 25688. Appendix H of the
Control Measures (TCMs) in nonattainment 5/20/1999
Appendix H. area. revision.
1999 motor vehicle
emissions budgets
of 128.5 tons per
day (tpy) of VOC
and 196.4 tpy of
NOX.
1990 Base Year Inventory Washington DC 1- 9/2/03, 2/24/04... 5/16/05, 70 FR .
Revisions. hour ozone 25688.
nonattainment
area.
1999-2005 Rate-of-Progress Plan Washington DC 1- 9/2/03, 2/24/04... 5/16/05, 70 FR Only the TCMs in
SIP Revision and the hour ozone 25688. Appendix J of the
Transportation Control Measures nonattainment 2/24/2004
(TCMs) in Appendix J. area. revision 2002
motor vehicle
emissions budgets
(MVEBs) of 125.2
tons per day
(tpy) for VOC and
290.3 tpy of NOX,
and, 2005 MVEBs
of 97.4 tpy for
VOC and 234.7 tpy
of NOX.
VMT Offset SIP Revision......... Washington DC 1- 9/2/03, 2/24/04... 5/16/05, 70 FR
hour ozone 25688.
nonattainment
area.
Contingency Measure Plan........ Washington, DC 9/2/03, 2/24/04... 5/16/05, 70 FR
Area. 25688.
1-hour Ozone Modeled Washington DC 1- 9/2/03, 2/24/04... 5/16/05, 70 FR
Demonstration of Attainment. hour ozone 25688.
nonattainment
area.
Attainment Demonstration and Washington County. 12/20/04, 2/28/05. 8/17/05, 70 FR
Early Action Plan for the 48283.
Washington County Ozone Early
Action Compact Area.
1-Hour Ozone Attainment Plan.... Washington DC 1- 9/2/03 2/24/04.... 11/16/05 70 FR
hour ozone 69440.
nonattainment
area.
8-Hour Ozone Maintenance Plan Kent and Queen 5/2/06 5/19/06.... 12/22/06 71 FR
for the Kent and Queen Anne's Anne's Counties. 76920.
Area.
Reasonable Further Progress Plan Baltimore 1997 8- 6/4/07............ 6/4/10, 75 FR
(RFP), Reasonably Available hour ozone 31709.
Control Measures, and moderate
Contingency Measures. nonattainment
area.
2002 Base Year Inventory for Baltimore 1997 8- 6/4/07............ 6/4/10, 75 FR
VOC, NOX, and CO. hour ozone 31709.
moderate
nonattainment
area.
2008 RFP Transportation Baltimore 1997 8- 6/4/07............ 6/4/10, 75 FR
Conformity Budgets. hour ozone 31709.
moderate
nonattainment
area.
Reasonable Further Progress Plan Maryland portion 6/4/07............ 6/11/10, 75 FR
(RFP), Reasonably Available of the 33172.
Control Measures, and Philadelphia 1997
Contingency Measures. 8-hour ozone
moderate
nonattainment
area.
2002 Base Year Inventory for Maryland portion 6/4/07............ 6/11/10, 75 FR
VOC, NOX, and CO. of the 33172.
Philadelphia 1997
8-hour ozone
moderate
nonattainment
area.

[[Page 57]]

2008 RFP Transportation Maryland portion 6/4/07............ 6/11/10, 75 FR
Conformity Budgets. of the 33172.
Philadelphia 1997
8-hour ozone
moderate
nonattainment
area.
Reasonable Further Progress Plan Washington DC-MD- 6/12/07........... 9/20/11,76 FR
(RFP), Reasonably Available VA 1997 8-hour 58116..
Control Measures, and ozone moderate
Contingency Measures. nonattainment
area.
2002 Base Year Inventory for Washington DC-MD- 6/12/07........... 9/20/11,76 FR
VOC, NOX, and CO. VA 1997 8-hour 58116..
ozone moderate
nonattainment
area.
2008 RFP Transportation Washington DC-MD- 6/12/07........... 9/20/11,76 FR
Conformity Budgets. VA 1997 8-hour 58116.
ozone moderate
nonattainment
area.
Section 110(a)(2) Infrastructure Statewide......... 7/27/07, 11/30/07, 11/25/11, 76 FR This action
Requirements for the 1997 8- 72624. addresses the
Hour Ozone NAAQS. following CAA
elements or
portions thereof:
110(a)(2)(A),
(B), (C),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
7/31/09, 6/23/11.. 8/2/12, 77 FR This action
45949. addresses the
following CAA
elements or
portions thereof:
110(a)(2)(C),
(D)(i)(II), and
(J).
Section 110(a)(2) Infrastructure Statewide......... 4/3/08, 4/16/10... 11/25/11, 76 FR This action
Requirements for the 1997 PM2.5 72624. addresses the
NAAQS. following CAA
elements or
portions thereof:
110(a)(2)(A),
(B), (C),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
7/31/09, 6/23/11.. 8/2/12, 77 FR This action
45949. addresses the
following CAA
elements or
portions thereof:
110(a)(2)(C),
(D)(i)(II), and
(J).
Section 110(a)(2) Infrastructure Statewide......... 4/16/10, 7/21/10.. 11/25/11, 76 FR This action
Requirements for the 2006 PM2.5 72624. addresses the
NAAQS. following CAA
elements or
portions thereof:
110(a)(2)(A),
(B), (C),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
7/31/09, 6/23/11.. 8/2/12, 77 FR This action
45949. addresses the
following CAA
elements or
portions thereof:
110(a)(2)(C),
(D)(i)(II), and
(J).
RACT under the 1997 8-hour ozone Statewide......... 10/17/11.......... 7/13/12, 77 FR ..................
NAAQS. 41278.
Maryland Regional Haze Plan..... Statewide......... 2/13/12........... 7/6/2012, 77 FR
33938.
2002 Base Year Emissions Maryland portion 4/3/08............ 10/10/12, 77 FR Sec. 52.1075(l)
Inventory for the 1997 fine of the Washington 61513.
particulate matter (PM2.5) DC-MD-VA 1997
standard. PM2.5
nonattainment
area.
Attainment Demonstration for the Maryland- 06/04/07.......... 10/29/12, 77 FR
1997 8-Hour Ozone National Philadelphia- 65488.
Ambient Air Quality Standard Wilmington-
and its Associated Motor Atlantic City
Vehicle Emissions Budgets. Moderate
Nonattainment
Area.

[[Page 58]]

2002 Base Year Emissions Washington County, 6/6/08............ 12/7/12, 77 FR Sec. 52.1075(m)
Inventory for the 1997 fine Maryland 1997 72966.
particulate matter (PM2.5) PM2.5
standard. nonattainment
area.
2002 Base Year Emissions Baltimore, 6/8/08............ 12/10/12, 77 FR Sec. 52.1075(n)
Inventory for the 1997 fine Maryland 1997 73313.
particulate matter (PM2.5) PM2.5
standard. nonattainment
area.
----------------------------------------------------------------------------------------------------------------

[69 FR 69306, Nov. 29, 2004]

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

Sec. 52.1071 Classification of regions.

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

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

Sec. 52.1072 [Reserved]

Sec. 52.1073 Approval status.

(a) With the exceptions set forth in this subpart, the Administrator
approves Maryland's plans for the attainment and maintenance of the
national standards.
(b)-(g) [Reserved]

[38 FR 33716, Dec. 6, 1973, as amended at 45 FR 53475, Aug. 12, 1980; 47
FR 20128, May 11, 1982; 56 FR 23808, May 24, 1991; 58 FR 50848, Sept.
29, 1993; 61 FR 16061, Apr. 11, 1996; 63 FR 47179, Sept. 4, 1998; 70 FR
25718, 25724, May 13, 2005; 70 FR 69443, Nov. 16, 2005; 74 FR 24705, May
26, 2009; 75 FR 82556, Dec. 30, 2010; 77 FR 52605, Aug. 30, 2012; 78 FR
33984, June 6, 2013]

Sec. 52.1074 [Reserved]

Sec. 52.1075 Base year emissions inventory.

(a) EPA approves as a revision to the Maryland State Implementation
Plan the 1990 base year emission inventory for the Baltimore
Metropolitan Statistical Area, submitted by the Secretary, Maryland
Department of the Environment, on September 20, 1995. This submittal
consists of the 1990 base year stationary, area, off-road mobile and on-
road mobile emission inventories in the Baltimore Metropolitan
Statistical Area for the pollutant, carbon monoxide (CO).
(b) EPA approves as a revision to the Maryland Implementation Plan
the 1990 base year emission inventory for the Washington Metropolitan
Statistical Area, submitted by Secretary,

[[Page 59]]

Maryland Department of the Environment, on March 21, 1994 and October
12, 1995. This submittal consist of the 1990 base year stationary, area
and off-road mobile and on-road mobile emission inventories in the
Washington Statistical Area for the pollutant, carbon monoxide (CO).
(c) EPA approves as a revision to the Maryland State Implementation
Plan the 1990 base year emission inventories for the Maryland ozone
nonattainment areas submitted by the Secretary of Maryland Department of
Environment on March 21, 1994. This submittal consists of the 1990 base
year point, area, non-road mobile, biogenic and on-road mobile source
emission inventories for the following pollutants: volatile organic
compounds (VOC), carbon monoxide (CO), and oxides of nitrogen
(NOX).
(d) EPA approves as a revision to the Maryland State Implementation
Plan the 1990 base year emission inventories for the Maryland ozone
nonattainment areas: Baltimore nonattainment areas, Cecil County, and
Kent and Queen Anne's Counties submitted by the Secretary of Maryland
Department of Environment on March 21, 1994. This submittal consists of
the 1990 base year point, area, non-road mobile, biogenic and on-road
mobile source emission inventories for the following pollutants:
volatile organic compounds (VOC), carbon monoxide (CO), and oxides of
nitrogen (NOX).
(e) EPA approves as a revision to the Maryland State Implementation
Plan the 1990 base year emission inventory for the Maryland portion of
the Metropolitan Washington DC ozone nonattainment area submitted by the
Secretary of MDE on March 21, 1994. This submittal consists of the 1990
base year point, area, highway mobile, non-road mobile, and biogenic
source emission inventories in the area for the following pollutants:
Volatile organic compounds (VOC), carbon monoxide (CO), and oxides of
nitrogen (NOX).
(f) EPA approves as a revision to the Maryland State Implementation
Plan an amendment to the 1990 base year emission inventories for the
Maryland portion of the Metropolitan Washington DC ozone nonattainment
area submitted by the Secretary of Maryland of the Department
Environment on December 24, 1997. This submittal consists of amendments
to the 1990 base year point, area, highway mobile, and non-road mobile
source emission inventories in the area for the following pollutants:
Volatile organic compounds (VOC), and oxides of nitrogen
(NOX).
(g) EPA approves revisions to the Maryland State Implementation Plan
amending the 1990 base year emission inventories for the Baltimore ozone
nonattainment area, submitted by the Secretary of Maryland Department of
the Environment on December 24, 1997. This submittal consists of
amendments to the 1990 base year point, area, highway mobile and non-
road mobile source emission inventories for volatile organic compounds
and nitrogen oxides in the Baltimore ozone nonattainment area.
(h) EPA approves revisions to the Maryland State Implementation Plan
amending the 1990 base year emission inventories for the Cecil County
portion of the Philadelphia-Wilmington-Trenton ozone nonattainment area,
submitted by the Secretary of the Maryland Department of the Environment
on December 24, 1997. This submittal consists of amendments to the 1990
base year point, area, highway mobile and non-road mobile source
emission inventories for volatile organic compounds and nitrogen oxides
in the Cecil County portion of the Philadelphia-Wilmington-Trenton ozone
nonattainment area.
(i) EPA approves as a revision to the Maryland State Implementation
Plan the 2002 base year emissions inventories for the Baltimore 1997 8-
hour ozone moderate nonattainment area submitted by the Secretary of the
Maryland Department of the Environment on June 4, 2007. This submittal
consists of the 2002 base year point, area, non-road mobile, and on-road
mobile source inventories in area for the following pollutants: Volatile
organic compounds (VOC), carbon monoxide (CO) and nitrogen oxides
(NOX).
(j) EPA approves as a revision to the Maryland State Implementation
Plan the 2002 base year emissions inventories for the Maryland portion
of the

[[Page 60]]

Philadelphia 1997 8-hour ozone moderate nonattainment area submitted by
the Secretary of the Maryland Department of the Environment on June 4,
2007. This submittal consists of the 2002 base year point, area, non-
road mobile, and on-road mobile source inventories in area for the
following pollutants: volatile organic compounds (VOC), carbon monoxide
(CO) and nitrogen oxides (NOX).
(k) EPA approves as a revision to the Maryland State Implementation
Plan the 2002 base year emissions inventories for the Washington DC-MD-
VA 1997 8-hour ozone moderate nonattainment area submitted by the
Secretary of the Maryland Department of the Environment on June 4, 2007.
This submittal consists of the 2002 base year point, area, non-road
mobile, and on-road mobile source inventories in area for the following
pollutants: volatile organic compounds (VOC), carbon monoxide (CO) and
nitrogen oxides (NOX).
(l) EPA approves as a revision to the Maryland State Implementation
Plan the 2002 base year emissions inventory for the Maryland portion of
the Washington DC-MD-VA 1997 fine particulate matter (PM2.5)
nonattainment area submitted by the Maryland Department of Environment
on April 3, 2008. The 2002 base year emissions inventory includes
emissions estimates that cover the general source categories of point
sources, non-road mobile sources, area sources, on-road mobile sources,
and biogenic sources. The pollutants that comprise the inventory are
nitrogen oxides (NOX), volatile organic compounds (VOCs),
PM2.5, coarse particles (PM10), ammonia
(NH3), and sulfur dioxide (SO2).
(m) EPA approves as a revision to the Maryland State Implementation
Plan the 2002 base year emissions inventory for the Washington County,
Maryland 1997 fine particulate matter (PM2.5) nonattainment
area submitted by the Maryland Department of Environment on June 6,
2008. The 2002 base year emissions inventory includes emissions
estimates that cover the general source categories of point sources,
non-road mobile sources, area sources, on-road mobile sources, and
biogenic sources. The pollutants that comprise the inventory are
nitrogen oxides (NOX), volatile organic compounds (VOCs),
PM2.5, coarse particles (PM10), ammonia
(NH3), and sulfur dioxide (SO2).
(n) EPA approves as a revision to the Maryland State Implementation
Plan the 2002 base year emissions inventory for the Baltimore, Maryland
1997 fine particulate matter (PM2.5) nonattainment area
submitted by the Maryland Department of Environment on June 6, 2008. The
2002 base year emissions inventory includes emissions estimates that
cover the general source categories of point sources, non-road mobile
sources, area sources, on-road mobile sources, and biogenic sources. The
pollutants that comprise the inventory are nitrogen oxides
(NOX), volatile organic compounds (VOCs), PM2.5,
coarse particles (PM10), ammonia (NH3), and sulfur
dioxide (SO2).

[60 FR 55326, Oct. 31, 1995]

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

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

(a) EPA is approving as a revision to the Maryland State
Implementation Plan the 15 Percent Rate of Progress Plan and associated
contingency measures for the Cecil County ozone nonattainment area,
submitted by the Secretary of the Maryland Department of the Environment
on July 21, 1995.
(b) EPA approves as a revision to the Maryland State Implementation
Plan, the Stage II vapor recovery comparability plan for the counties of
Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne's, Somerset,
St. Mary's, Talbot, Washington, Wicomico, and Worcester Counties
submitted by the Maryland Department of the Environment on November 5,
1997.
(c) EPA approves as a revision to the Maryland State Implementation
Plan, the 15 Percent Rate of Progress Plan for the Baltimore ozone
nonattainment area, submitted by the Secretary of Maryland Department of
the Environment on October 7, 1998.
(d) EPA approves the Maryland's 15 Percent Rate of Progress Plan for
the Maryland portion of the Metropolitan

[[Page 61]]

Washington, D.C. ozone nonattainment area, submitted by the Secretary of
the Maryland Department of the Environment on May 5, 1998.
(e) [Reserved]
(f)(1) EPA approves revisions to the Maryland State Implementation
Plan for post 1996 rate of progress plans for milestone years 1999, 2002
and 2005 for the Cecil County portion of the Philadelphia-Wilmington-
Trenton ozone nonattainment area. These revisions were submitted by the
Secretary of the Maryland Department of the Environment on December 24,
1997, as revised on April 24 and August 18, 1998, December 21, 1999 and
December 28, 2000.
(2) EPA approves the contingency plans for failure to meet rate of
progress in the Cecil County portion of the Philadelphia-Wilmington-
Trenton ozone nonattainment area for milestone years 1999, 2002 and
2005. These plans were submitted by the Secretary of the Maryland
Department of the Environment on December 24, 1997, as revised on April
24 and August 18, 1998, December 21, 1999 and December 28, 2000.
(3) EPA approves revisions to the Maryland State Implementation
Plan, submitted by the Secretary of the Maryland Department of the
Environment on March 8, 2004, for the rate-of-progress (ROP) plan for
year 2005 for the Cecil County portion of the Philadelphia-Wilmington-
Trenton 1-hour ozone nonattainment area. These revisions update Cecil
County's 2005 ROP plan's 1990 and 2005 motor vehicle emissions
inventories and motor vehicle emissions budgets to reflect the use of
the MOBILE6 emissions model, establish motor vehicle emissions budgets
of 3.0 tons per day (tpd) of volatile organic compounds and 11.3 tpd of
nitrogen oxides, and amend the contingency measures associated with the
2005 ROP plan for Cecil County.
(g) [Reserved]
(h) EPA approves the attainment demonstration for the Philadelphia
area submitted as a revision to the State Implementation Plan by the
Maryland Department of the Environment on April 29, 1998, August 18,
1998, December 21, 1999, December 28, 2000, August 31, 2001, and
September 2, 2003 including its RACM analysis and determination. EPA is
also approving the revised enforceable commitments made to the
attainment plan for the Baltimore severe ozone nonattainment area which
were submitted on December 28, 2000. The enforceable commitments are to
submit measures by October 31, 2001 for additional emission reductions
as required in the attainment demonstration test, and to revise the SIP
and motor vehicle emissions budgets by October 31, 2001 if the
additional measures affect the motor vehicle emissions inventory; and to
perform a mid-course review by December 31, 2003.
(i) EPA approves the following mobile budgets of Maryland's
attainment plan for the Philadelphia area:

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

[[Page 62]]

years 1999, 2002 and 2005. These plans were submitted by the Secretary
of the Maryland Department of the Environment on December 24, 1997, as
revised on April 24 and August 18, 1998, December 21, 1999 and December
28, 2000.
(k) EPA approves the attainment demonstration for the Baltimore area
submitted as a revision to the State Implementation Plan by the Maryland
Department of the Environment on April 29, 1998, August 18, 1998,
December 21, 1999, December 28, 2000, August 20, 2001, and September 2,
2003 including its RACM analysis and determination. EPA is also
approving the revised enforceable commitments made to the attainment
plan for the Baltimore severe ozone nonattainment area which were
submitted on December 28, 2000. The enforceable commitments are to
submit measures by October 31, 2001 for additional emission reductions
as required in the attainment demonstration test, and to revise the SIP
and motor vehicle emissions budgets by October 31, 2001 if the
additional measures affect the motor vehicle emissions inventory; and to
perform a mid-course review by December 31, 2003.
(l) EPA approves the following mobile budgets of the Baltimore area
attainment plan:

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

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

[[Page 63]]

be used in transportation conformity demonstrations for the year 2005
for the Baltimore area.
(3) Revisions to the 2005 ROP plan to reallocate some of the
contingency measures established in prior SIP revisions to the control
measures portion of the plan. EPA guidance allows states an additional
year to adopt new contingency measures to replace those reallocated to
the control measures portion of the plan. The State of Maryland's
December 23, 2003 SIP revision submittal includes an enforceable
commitment to replace those contingency measures reallocated to the
control measures portion of the 2005 ROP plan and to submit these
additional contingency measures by October 31, 2004.
(o) Based upon EPA's review of the air quality data for the 3-year
period 2003 to 2005, EPA has determined that the Washington, DC severe
1-hour ozone nonattainment area attained the 1-hour ozone NAAQS by the
applicable attainment date of November 15, 2005. EPA also has determined
that the Washington, DC severe 1-hour ozone nonattainment area is not
subject to the imposition of the section 185 penalty fees.
(p) Based upon EPA's review of the air quality data for the 3-year
period 2003 to 2005, EPA has determined that that the Philadelphia-
Wilmington-Trenton severe 1-hour ozone nonattainment area attained the
1-hour ozone NAAQS by the applicable attainment date of November 15,
2005. EPA also has determined that the Philadelphia-Wilmington-Trenton
severe 1-hour ozone nonattainment area is not subject to the imposition
of the section 185 penalty fees.
(q) EPA approves revisions to the Maryland State Implementation Plan
consisting of the 2008 reasonable further progress (RFP) plan,
reasonably available control measures, and contingency measures for the
Baltimore 1997 8-hour ozone moderate nonattainment area submitted by the
Secretary of the Maryland Department of the Environment on June 4, 2007.
(r) EPA approves the following 2008 RFP motor vehicle emissions
budgets (MVEBs) for the Baltimore 1997 8-hour ozone moderate
nonattainment area submitted by the Secretary of the Maryland Department
of the Environment on June 4, 2007:

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

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

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

[[Page 64]]

(u) EPA approves revisions to the Maryland State Implementation Plan
consisting of the 2008 reasonable further progress (RFP) plan,
reasonably available control measures, and contingency measures for the
Washington DC-MD-VA 1997 8-hour ozone moderate nonattainment area
submitted by the Secretary of the Maryland Department of the Environment
on June 4, 2007.
(v) EPA approves the following 2008 RFP motor vehicle emissions
budgets (MVEBs) for the Washington, DC-MD-VA 1997 8-hour ozone moderate
nonattainment area submitted by the Director of the Virginia Department
of Environment Quality on June 12, 2007:

Transportation Conformity Emissions Budgets for the Washington, DC-MD-VA Area
----------------------------------------------------------------------------------------------------------------
Effective date of
Type of control strategy SIP Year VOC (TPD) NOX (TPD) adequacy determination
or SIP approval
----------------------------------------------------------------------------------------------------------------
Rate of Progress Plan............... 2008 70.8 159.8 September 21, 2009 (74
FR 45853), published
September 4, 2009.
----------------------------------------------------------------------------------------------------------------

(w) Determination of attainment. EPA has determined, as of February
28, 2012, that based on 2007 to 2009 and 2008 to 2010 ambient air
quality data, the Washington, DC-MD-VA moderate nonattainment area has
attained the 1997 8-hour ozone National Ambient Air Quality Standard
(NAAQS). This determination, in accordance with 40 CFR 51.918, suspends
the requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as this area continues to meet
the 1997 8-hour ozone NAAQS.
(x) Determination of attainment. EPA has determined, as of March 26,
2012, that based on 2008 to 2010 ambient air quality data, Philadelphia-
Wilmington-Atlantic City, PA-NJ-MD-DE 8-hour ozone moderate
nonattainment area has attained the 1997 8-hour ozone NAAQS. This
determination, in accordance with 40 CFR 51.918, suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as this area continues to meet
the 1997 annual 8-hour ozone NAAQS.
(y) Determination--EPA has determined that, as of July 12, 2012, the
Baltimore 1-hour ozone nonattainment area has attained the 1-hour ozone
standard and that this determination obviates the requirement for
Maryland to submit for the Baltimore area the 1-hour ozone contingency
measure requirements of section 172(c)(9) of the Clean Air Act.
(z) EPA approves the attainment demonstration portion of the
attainment plan for the 1997 8-hour ozone NAAQS for the Philadelphia
Area submitted as a revision to the State Implementation Plan by the
Secretary of the Maryland Department of the Environment on June 4, 2007.
EPA also approves the 2009 motor vehicle emissions budgets associated
with the attainment demonstration for Cecil County, Maryland.

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

[62 FR 40458, July 29, 1997]

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

[[Page 65]]

Sec. Sec. 52.1077-1079 [Reserved]

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

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

[60 FR 47084, Sept. 11, 1995]

Sec. 52.1081 Control strategy: Particulate matter.

(a) Determination of Attainment. EPA has determined, as of January
12, 2009, the Maryland portion of the Metropolitan Washington, DC-MD-VA
nonattainment area for the 1997 PM2.5 NAAQS has attained the
1997 PM2.5 NAAQS. This determination, in accordance with 40
CFR 52.1004(c), suspends the requirements for this area to submit an
attainment demonstration and associated reasonably available control
measures, a reasonable further progress plan, contingency measures, and
other planning SIPs related to attainment of the standard for as long as
the area continues to attain the 1997 PM2.5 NAAQS.
(b) Determination of Attainment. EPA has determined, as of November
20, 2009, the Martinsburg-Hagerstown, WV-MD PM2.5
nonattainment area has attained the 1997 PM2.5 NAAQS. This
determination, in accordance with 40 CFR 52.1004(c), suspend the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as this area continues to meet
the 1997 PM2.5 NAAQS.
(c) Determination of Attainment. EPA has determined, as of May 22,
2012, based on ambient air quality data of 2008 to 2010 and the
preliminary data of 2011, that the PM2.5 nonattainment area
of Baltimore, Maryland has attained the 1997 annual PM2.5
NAAQS. This determination, in accordance with 40 CFR 51.1004(c),
suspends the requirements for this area to submit an attainment
demonstration, associated reasonably available control measures, a
reasonable further progress plan, contingency measures, and other
planning SIPs related to attainment of the standard for as long as this
area continues to meet the 1997 annual PM2.5 NAAQS.

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

Sec. 52.1082 Determinations of attainment.

(a) Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, EPA determined that the Metropolitan Washington,
District of Columbia-Maryland-Virginia (DC-MD-VA) fine particle
(PM2.5) nonattainment area attained the 1997 annual
PM2.5 National Ambient Air Quality Standard (NAAQS) by the
applicable attainment date of April 5, 2010. Therefore, EPA has met the
requirement pursuant to CAA section 179(c) to determine, based on the
area's air quality as of the attainment date, whether the area attained
the standard. EPA also determined that the Metropolitan Washington, DC-
MD-VA nonattainment area is not subject to the consequences of failing
to attain pursuant to section 179(d).
(b) Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, EPA determined that the Martinsburg-Hagerstown,
West Virginia-Maryland (WV-MD) fine particle (PM2.5)
nonattainment area attained the 1997 annual PM2.5 National
Ambient Air Quality Standard (NAAQS) by the applicable attainment date
of April 5, 2010. Therefore, EPA has met the requirement pursuant to CAA
section 179(c) to determine, based on the area's air quality as of the
attainment date, whether the area attained the standard. EPA also
determined that the Martinsburg-Hagerstown, WV-MD nonattainment area is
not subject to the

[[Page 66]]

consequences of failing to attain pursuant to section 179(d).
(c) Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, Washington, DC-MD-VA moderate nonattainment area
has attained the 1997 8-hour ozone NAAQS by the applicable attainment
date of June 15, 2010. Therefore, EPA has met the requirement pursuant
to CAA section 181(b)(2)(A) to determine, based on the area's air
quality as of the attainment date, whether the area attained the
standard. EPA also determined that the Washington, DC-MD-VA moderate
nonattainment area will not be reclassified for failure to attain by its
applicable attainment date pursuant to section 181(b)(2)(A).
(d) Based upon EPA's review of the air quality data for the 3-year
period 2008 to 2010, EPA determined that Philadelphia-Wilmington-
Atlantic City, PA-NJ-MD-DE 8-hour ozone moderate nonattainment area (the
Philadelphia Area) attained the 1997 8-hour ozone National Ambient Air
Quality Standard (NAAQS) by the applicable attainment date of June 15,
2011. Therefore, EPA has met the requirement pursuant to CAA section
181(b)(2)(A) to determine, based on the area's air quality as of the
attainment date, whether the area attained the standard. EPA also
determined that the Philadelphia Area nonattainment area will not be
reclassified for failure to attain by its applicable attainment date
under section 181(b)(2)(A).
(e) Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, EPA determined that the PM2.5
nonattainment area of Baltimore, Maryland attained the 1997 annual
PM2.5 NAAQS by the applicable attainment date of April 5,
2010. Therefore, EPA has met the requirement pursuant to CAA section
179(c) to determine, based on the area's air quality as of the
attainment date, whether the area attained the NAAQS. EPA has also
determined that the PM2.5 nonattainment area of Baltimore,
Maryland is not subject to the consequences of failing to attain
pursuant to section 179(d).
(f) Based upon EPA's review of the air quality data for the 3-year
period 2003 to 2005, EPA determined, as of July 12, 2012, that the
Baltimore 1-hour ozone nonattainment area did not attain the 1-hour
ozone standard as of its applicable 1-hour ozone attainment date of
November 15, 2005.
(g) Based on 2009-2011 complete, quality-assured ozone monitoring
data at all monitoring sites in the Baltimore 1-hour ozone nonattainment
area, EPA determined, as of July 12, 2012, that the Baltimore 1-hour
ozone nonattainment area has attained the 1-hour ozone standard.

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

Sec. 52.1083 [Reserved]

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

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

[[Page 67]]

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

[76 FR 48366, Aug. 8, 2011]

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

(a) The owner and operator of each source and each unit located in
the State of Maryland and for which requirements are set forth under the
TR SO2 Group 1 Trading Program in subpart CCCCC of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements will be eliminated by the promulgation of
an approval by the Administrator of a revision to Maryland's State
Implementation Plan (SIP) as correcting the SIP's deficiency that is the
basis for the TR Federal Implementation Plan under Sec. 52.39, except
to the extent the Administrator's approval is partial or conditional.
(b) Notwithstanding the provisions of paragraph (a) of this section,
if, at the time of the approval of Maryland's SIP revision described in
paragraph (a) of this section, the Administrator has already started
recording any allocations of TR SO2 Group 1 allowances under
subpart CCCCC of part 97 of this chapter to units in the State for a
control period in any year, the provisions of subpart CCCCC of part 97
of this chapter authorizing the Administrator to complete the allocation
and recordation of TR SO2 Group 1 allowances to units in the
State for each such control period shall continue to apply, unless
provided otherwise by such approval of the State's SIP revision.

[76 FR 48367, Aug. 8, 2011]

Sec. Sec. 52.1086-52.1099 [Reserved]

Sec. 52.1100 Original identification of plan section.

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

[78 FR 33984, June 6, 2013]

Sec. Sec. 52.1101-52.1109 [Reserved]

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

On November 13, 1992, the Acting Director of the Air and Radiation
Management Administration, Maryland Department of the Environment
submitted a plan for the establishment and implementation of a Small
Business Stationary Source Technical and Environmental Compliance
Assistance Program as a state implementation plan (SIP) revision, as
required by title V of the Clean Air Act Amendments.

[[Page 68]]

EPA approved the Small Business Stationary Source Technical and
Environmental Compliance Assistance Program on May 16, 1994, and made it
part of the Maryland SIP. As with all components of the SIP, Maryland
must implement the program as submitted and approved by EPA.

[59 FR 25333, May 16, 1994]

Sec. Sec. 52.1111-52.1115 [Reserved]

Sec. 52.1116 Significant deterioration of air quality.

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

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

Sec. 52.1117 Control strategy: Sulfur oxides.

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

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

Sec. 52.1118 [Reserved]

Subpart W_Massachusetts

Sec. 52.1119 Identification of plan--conditional approval.

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

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

Sec. 52.1120 Identification of plan.

(a) Title of plan: ``Plan for Implementation, Maintenance, and
Enforcement of National Primary and Secondary Ambient Air Quality
Standards.''
(b) The plan was officially submitted on January 27, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Emergency episode regulations submitted on February 22, 1972, by
the Bureau of Air Quality Control, Massachusetts Department of Public
Health.
(2) Miscellaneous non-regulatory changes to the plan, wording
changes

[[Page 69]]

in regulations 2.5 and 2.1 and clarification of Regulations 2.5.1
through 2.5.4 submitted on April 27, 1972, by the Division of
Environmental Health, Massachusetts Department of Public Health.
(3) Miscellaneous non-regulatory additions to the plan submitted on
May 5, 1972, by the Bureau of Air Quality Control, Massachusetts
Department of Public Health.
(4) Miscellaneous changes affecting regulations 2.1, 2.5, 4.2,
4.5.1, 5.6.1, 6.1.2, 6.3.1, 8.1.6, 9.1, 15.1, 51.2, 52.1 and 52.2 of the
regulations for all six Air Pollution Control Districts submitted on
August 28, 1972 by the Governor.
(5) Letter of concurrence on AQMA identifications submitted on July
23, 1974, by the Governor.
(6) Revision to Regulation No. 5, increasing allowable sulfur
content of fuels in the Boston Air Pollution Control District submitted
on July 11, 1975, by the Secretary of Environmental Affairs, and on
April 1, 1977 and April 20, 1978 by the Commissioner of the
Massachusetts Department of Environmental Quality Engineering.
(7) Revision to Regulation 50--Variances, Regulations for Control of
Air Pollution in the six Massachusetts Air Pollution Control Districts,
submitted by letter dated November 14, 1974, by the Governor.
(8) Regulation 5.1, Sulfur Content of Fuels and Control Thereof, for
the Merrimack Valley Air Pollution Control District submitted on January
28, 1976 by the Secretary of Environmental Affairs and on August 22,
1977 by the Commissioner of the Department of Environmental Quality
Engineering, and additional technical information pertinent to the
Haverhill Paperboard Corp., Haverhill, Mass., submitted on December 30,
1976 by the Secretary of Environmental Affairs.
(9) Regulation 5.1, Sulfur Content of Fuels and Control Thereof, for
the Pioneer Valley Air Pollution Control District submitted on July 22,
1976 by the Secretary of Environmental Affairs and on August 22, 1977 by
the Commissioner of the Department of Environmental Quality Engineering,
and additional technical information pertinent to Deerfield Specialty
Papers, Inc., Monroe, Mass., submitted on December 27, 1977 by the
Commissioner of the Massachusetts Department of Environmental Quality
Engineering.
(10) Regulation 5.1, Sulfur Content of Fuels and Control Thereof,
for the Central Massachusetts Air Pollution Control District submitted
on June 25, 1976 by the Secretary of Environmental Affairs and on August
22, 1977 by the Commissioner of the Department of Environmental Quality
Engineering.
(11) Regulation 5.1, Sulfur Content of Fuels and Control Thereof,
for the Central Massachusetts Air Pollution Control District (revised
and adopted by the Massachusetts Department of Environmental Quality
Engineering on March 29, 1976, with specificprovisions for the City of
Fitchburg) submitted on June 25, 1976, by the Secretary of Environmental
Affairs.
(12) A revision to Regulation 5.1, Sulfur Content of Fuels and
Control Thereof, for the Southeastern Massachusetts Air Pollution
Control District, submitted on December 30, 1976 by the Secretary of
Environmental Affairs and on January 31, 1978 by the Commissioner of the
Massachusetts Department of Environmental Quality Engineering.
(13) A revision to Regulation 5.1, Sulfur Content of Fuels and
Control Thereof, for the Berkshire Air Pollution Control District,
submitted by the Commissioner of the Massachusetts Department of
Environmental Quality Engineering on April 14, 1977, and additional
technical information submitted on August 11, 1978, pertaining to the
Schweitzer Division, Kimberly-Clark Corporation, Columbia Mill, Lee, and
on August 31, 1978, pertaining to Crane and Company, Inc., Dalton.
(14) Revisions to ``Regulations for the Prevention and/or Abatement
of Air Pollution Episode and Air Pollution Incident Emergencies,''
submitted on September 15, 1976 by the Commissioner of the Massachusetts
Department of Environmental Quality Engineering.
(15) A revision to Regulation 2.5, Compliance with Emission
Limitations, and to Regulation 16, Reduction of Single Passenger
Commuter Vehicle Use, for the Pioneer Valley Air Pollution Control
District, submitted on

[[Page 70]]

May 20, 1977, by the Acting Commissioner of the Executive Office of
Environmental Affairs, Department of Environmental Quality Engineering.
(16) Revision to regulation 7 and regulation 9, submitted on
December 9, 1977, by the Commissioner of the Massachusetts Department of
Environmental Quality and Engineering.
(17) Revision to Regulations 310 CMR 7.05, Sulfur-in-Fuel, and 310
CMR 7.06, Visible Emissions, allowing burning of a coal-oil slurry at
New England Power Company, Salem Harbor Station, Massachusetts,
submitted on July 5, 1978 by the Commissioner, Massachusetts Department
of Environmental Quality Engineering and an extension to 310 CMR 7.06,
Visible Emissions, submitted on December 28, 1979.
(18) Revision to Regulation 7.02(11) (formerly Regulation 2.5.3)--
Emission Limitation to Incinerators, submitted February 1, 1978 by the
Commissioner of the Massachusetts Department of Environmental Quality
Engineering.
(19) The addition of Regulation 7.17, for the Southeastern
Massachusetts Air Pollution Control District, Coal Conversion--Brayton
Point Station, New England Power Company, submitted by the Commissioner
of the Massachusetts Department of Environmental Quality Engineering on
September 7, 1978. Compliance with this revision shall be determined by
methods consistent with New Source Performance Standards, proposed Test
Method 19, as stated in a letter dated February 8, 1979 from Kenneth
Hagg of the Massachusetts Department of Environmental Quality
Engineering to Frank Ciavattieri of the Environmental Protection Agency.
(20) A revision permanently extending Regulation 310 CMR 7.05(1)
(formerly Regulation 5.1) ``Sulfur Content of Fuels and Control
Thereof'' and a revision for the Metropolitan Boston APCD, and Merrimack
Valley APCD submitted on December 28, 1978, by the Commissioner of the
Massachusetts Department of Environmental Quality Engineering.
(21) A revision permanently extending Regulation 310 CMR 7.05(1)
(formerly Regulation 5.1), ``Sulfur Content of Fuels and Control
Thereof'' and a revision to Regulation 310 CMR 7.05(4) ``Ash Content of
Fuels'' for the Pioneer Valley Air Pollution Control District, submitted
on January 3, 1979 by the Acting Com0missioner of the Massachusetts
Department of Environmental Quality Engineering.
(22) A revision permanently extending Regulation 310 CMR 7.05(1)
(formerly Regulation 5.1), ``Sulfur Content of Fuels and Control
Thereof'' for the Southeastern Massachusetts APCD, submitted on January
31, 1979 by the Commissioner of the Massachusetts Department of
Environmental Quality Engineering.
(23) A revision to Regulation 310 CMR 7.05(4) ``Ash Content of
Fuels'' for the Metropolitan Boston Air Pollution Control District,
submitted on July 20, 1978 by the Commissioner of the Massachusetts
Department of Environmental Quality Engineering.
(24) A revision permanently extending Regulation 310 CMR 7.05(1)
(formerly Regulation 5.1) ``Sulfur Content of Fuels and Control
Thereof'' for the Central Massachusetts APCD, submitted on March 2, 1979
by the Commissioner of the Massachusetts Department of Environmental
Quality Engineering, and a revision removing the seasonal restriction in
Fitchburg for Fitchburg Paper Company (55 meter stacks only) and James
River-Massachusetts submitted on September 28, 1979 by the Commissioner.
(25) On March 30, 1979 and on April 23, 1979 the Commissioner of the
Massachusetts Department of Environmental Quality Engineering submitted
the non-attainment area plan for Total Suspended Particulates (TSP) in
Worcester, miscellaneous statewide regulation changes, and an extension
request for the attainment of TSP secondary standards for areas
designated non-attainment as of March 3, 1978.
(26) On May 3, 1979, August 7, 1979, and April 17, 1980, the
Commissioner of the Massachusetts Department of Environmental Quality
Engineering submitted a revision entitled ``Massachusetts Implementation
Plan, Amended Regulation--All Districts, New Source Review Element,''
relating to construction and operation of major new or modified sources
in non-attainment areas.

[[Page 71]]

(27) Revisions to Regulation 310 CMR 7.07, Open Burning, submitted
on September 28, 1979 by the Commissioner of the Massachusetts
Department of Environmental Quality Engineering.
(28) Revision to the state ozone standard and adoption of an ambient
lead standard was submitted by Thomas F. McLoughlin, Acting Commissioner
of the Department of Environmental Quality Engineering on August 21,
1979.
(29) A revision varying the provisions of Regulation 310 CMR
7.04(5), Fuel Oil Viscosity, for Cambridge Electric Light Company's
Kendall Station, First Street, Cambridge, and Blackstone Station,
Blackstone Street, Cambridge, submitted on December 28, 1978 by the
Commissioner of the Massachusetts Department of Environmental Quality
Engineering.
(30) Attainment plans to meet the requirements of Part D for carbon
monoxide and ozone and other miscellaneous provisions were submitted by
the Governor of Massachusetts on December 31, 1978 and on May 16, 1979
by the Acting Commissioner of the Department of Environmental Quality
Engineering. Supplemental information was submitted on September 19,
November 13 and December 7, 1979; and March 20 and April 7, 1980 by
DEQE.
(31) A temporary variance to the Provisions of Regulation 310 CMR
7.05, Sulfur Content of Fuels and Control Thereof, for Seaman Paper
Company, Otter River. Submitted on March 20, 1980 by the Commissioner of
the Massachusetts Department of Environmental Quality Engineering.
(32) A revision to Regulation 7.05(1) ``Sulfur Content of Fuels and
Control Thereof'' for the Metropolitan Boston APCD submitted on November
27, 1979 by the Commissioner of the Department of Environmental Quality
Engineering.
(33) A revision to Regulation 310 CMR 7.05(1) (formerly Regulation
5.1) ``Sulfur Content of Fuels and Control Thereof'' for the Pioneer
Valley Air Pollution Control District submitted by the Commissioner of
the Massachusetts Department of Environmental Quality Engineering on
March 2, 1979 and May 5, 1981.
(34) A revision to Regulation 7.05(1) ``Sulfur Content of Fuels and
Control Thereof'' for the Metropolitan Boston APCD submitted on April
25, 1980 by the Commissioner of the Department of Environmental Quality
Engineering.
(35) On January 5, 1981, the Acting Director of the Division of Air
Quality Control, Massachusetts Department of Environmental Quality
Engineering submitted a revision entitled ``Appendix J Transportation
Project Level Guidelines'' relating to policy guidance on the
preparation of air quality analysis for transportation projects.
(36) A comprehensive air quality monitoring plan, intended to meet
requirements of 40 CFR part 58, was submitted by the Commissioner of the
Department of Environmental Quality Engineering on January 28, 1980.
(37) A revision submitted by the Commissioner of the Massachusetts
Department of Environmental Quality Engineering on September 12, 1980
adding a new regulation 310 CMR 7.19 ``Interim Sulfur-in-Fuel
Limitations for Fossil Fuel Utilization Facilities Pending Conversion to
an Alternate Fuel or Implementation of Permanent Energy Conservation
Measures.''
(38) A variance of Regulation 310 CMR 7.05(1)(d)(2) ``Sulfur Control
of Fuels and Control Thereof'' for the Metropolitan Boston Air Pollution
Control District, submitted on November 25, 1980, by the Commissioner of
the Massachusetts Department of Environmental Quality Engineering.
(39) Revisions to meet the requirements of Part D and certain other
sections of the Clean Air Act, as amended, for making a commitment to
public transportation in the Boston urban region which were submitted on
July 9, 1981 and on July 30, 1981.
(40) Regulations 310 CMR (14), (15), and (16), for paper, fabric,
and vinyl surface coaters to meet the requirements of Part D for ozone
were submitted by the Governor of Massachusetts on March 6, 1981.
(41) A revision to Regulation 7.05(1)(c) ``Sulfur Content of Fuels
Control Thereof for the Merrimack Valley Air Pollution Control
District'' allowing the burning of higher sulfur content fuel oil at
Haverhill Paperboard Corporation, Haverhill.

[[Page 72]]

(42) Regulation 310 CMR 7.18(2)(b), to allow existing surface
coating lines regulated under 310 CMR 7.18 (4), (5), (6), (7), (10),
(11), (12), (14), (15) and (16) to bubble emissions to meet the
requirements of Part D for ozone was submitted by the Governor on March
6, 1981, and a letter clarifying state procedures was submitted on
November 12, 1981. The emission limitations required by the federally-
approved portion of 310 CMR 7.18 are the applicable requirements of the
Massachusetts SIP for the purpose of section 113 of the Clean Air Act
and shall be enforceable by EPA and by citizens in the same manner as
other requirements of the SIP; except that emission limitations adopted
by the state under and which comply with 310 CMR 7.18(2)(b) and the
procedures set out in the letter of November 12, 1981 shall be the
applicable requirements of the Massachusetts SIP in lieu of those
contained elsewhere in 310 CMR 7.18 and shall be enforceable by EPA and
by citizens.
(43) A revision to Regulation 7.05(1)(d) ``Sulfur Content of Fuels
and Control Thereof for the Metropolitan Boston Air Pollution Control
District'' allowing the burning of higher sulfur content fuel oil at
Eastman Gelatine Corporation, Peabody, submitted on September 24, 1981
by the Commissioner of the Massachusetts Department of Environmental
Quality Engineering.
(44) The Massachusetts Department of Environmental Quality
Engineering submitted an updated VOC emissions inventory on September 3,
1981, and the procedures to annually update this inventory on November
4, 1981.
(45) A revision to Regulation 7.05(1)(e) ``Sulfur Content of Fuels
and Control Thereof for the Pioneer Valley Air Pollution Control
District'' allowing the burning of higher sulfur content fuel oil at the
Holyoke Gas and Electric Department, Holyoke.
(46) A revision submitted on December 29, 1981 by the Commissioner
of the Massachusetts Department of Environmental Quality Engineering
allowing the burning of higher sulfur content fuel oil at the ATF
Davidson Company, Northbridge, until December 1, 1983.
(47) Regulation 310 CMR 7.18(10) for metal coil coating was
submitted on June 24, 1980 by the Commissioner of the Department of
Environmental Quality Engineering, in order to meet Part D requirements
for ozone.
(48) Regulations 310 CMR 7.18(11), Surface Coating of Miscellaneous
Metal Parts and Products and (12), Graphic Arts--Rotogravure and
Flexography with test methods; and (13) Perchloroethylene Dry Cleaning
Systems without test methods, were submitted on July 21, 1981 and March
10, 1982 by the Department of Environmental Quality Engineering to meet
Part D requirements for ozone attainment.
(49) A revision to Regulation 7.17 ``Conversions to Coal'' submitted
by the Commissioner of the Massachusetts Department of Environmental
Quality Engineering on January 22, 1982 specifying the conditions under
which coal may be burned at the Holyoke Water Power Company, Mount Tom
Plant, Holyoke, Massachusetts.
(50) [Reserved]
(51) A revision submitted on September 29, 1982 by the Commissioner
of the Massachusetts Department of Environmental Quality Engineering
allowing the burning of fuel oil having a sulfur content of 0.55 pounds
per million Btu heat release potential at the Northeast Petroleum
Corporation, Chelsea, Massachusetts.
(52) A revision submitted on September 28, 1982 by the Commissioner
of the Massachusetts Department of Environmental Quality Engineering
allowing the burning of higher sulfur content fuel oil at the Polaroid
Corporation for a period of up to 30 months commencing on December 1,
1982.
(53)(i) Attainment plans for carbon monoxide and ozone submitted by
the Department of Environmental Quality Engineering on September 9,
November 2 and November 17, 1982; February 2, March 21, April 7, April
26 and May 16, 1983. These revisions amend Regulations 310 CMR 7.18 (3)-
(7), (9)-(16); and add Regulation 310 CMR 7.18(17), 7.20 (1)-(14), and
540 CMR 4.00.
(ii) Regulation 310 CMR 7.18(3) for the surface coating of metal
furniture submitted on September 9, 1982 as part of the attainment plan
identified in Sec. 52.1120(c)(53)(i), is added to the VOC surface
coating bubble Regulation 310

[[Page 73]]

CMR 7.18(2)(b) identified in Sec. 52.1120(c)(42).
(iii) Regulation 310 CMR 7.18(13) for Perchloroethylene Dry Cleaning
systems submitted on September 9, 1982 as part of the attainment plan
identified in section 52.1120(53)(i), is amended by adding EPA test
methods to the no action identified in 52.1120(48).
(54) On February 8, 1983, the Massachusetts Department of
Environmental Quality Engineering submitted a source specific emission
limit in the letter of approval to the Esleeck Manufacturing Company,
Inc., Montague, allowing the Company to burn fuel oil having a maximum
sulfur content of 1.21 pounds per million Btu heat release potential
provided the fuel firing rate does not exceed 137.5 gallons per hour.
(55) A revision to exempt the Berkshire Air Pollution Control
District from Regulation 310 CMR 7.02(12)(b)2 was submitted on March 25,
1983 by Kenneth A. Hagg, Director of the Division of Air Quality Control
of the Department of Environmental Quality Engineering.
(56) A revision to Regulation 310 CMR 7.02(12)(a)1(e) for petroleum
liquid storage in external floating roof tanks submitted on December 2,
1983.
(57) Revisions to the State's narrative, entitled New Source
Regulations on page 117 and 118, the regulatory definitions of BACT,
NSPS and NESHAPS and Regulation 310 CMR 7.02 (2)(a)(6) and 7.02 (13),
submitted by Anthony D. Cortese, Commissioner, in August, 1982 and
received on September 9, 1982.
(58) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on June 7, 1991,
November 13, 1992 and February 17, 1993.
(i) Incorporation by reference.
(A) Letters from the Massachusetts Department of Environmental
Protection dated June 7, 1991, November 13, 1992 and February 17, 1993
submitting revisions to the Massachusetts State Implementation Plan.
(B) Amendments and additions to 310 CMR 7.00 submitted on June 7,
1991 and effective on April 12, 1991.
(C) Amendments and additions to 310 CMR 7.00 submitted on June 7,
1991 and effective on June 21, 1991.
(D) Addition of 310 CMR 7.24(4)(j) submitted on November 13, 1992
and February 17, 1993 and effective on February 12, 1993.
(ii) Additional materials.
(A) Nonregulatory portions of the state submittal.
(59) A revision submitted on May 3, 1983, allowing the burning of
2.2% sulfur content fuel oil at the Stanley Woolen Company, a facility
in Uxbridge, Massachusetts for a period of up to 30 months, commencing
on March 23, 1984.
(60) On May 27, 1982 and September 9, 1982 the Commissioner of the
Massachusetts Department of Environmental Quality Engineering submitted
a revised plan for new source review in nonattainment areas. The
submittal included 310 CMR Appendix A, ``Emission Offsets and
Nonattainment Review,'' additions to 310 CMR 7.00, ``General
Definitions,'' and revisions to 310 CMR 7.02(2)(b)(4) and 7.02(2)(b)(5),
``Plan Approval and Emission Limitations.''
(61) A revision submitted on October 31, 1983, allowing the burning
of 2.2% sulfur content fuel oil at the Reed and Barton Silversmiths
facility in Taunton, Massachusetts for a period of up to 30 months,
commencing on March 23, 1984.
(62) A revision submitted on November 16, 1983 allowing the burning
of 2.2% sulfur content fuel oil at the ATF Davidson Company in
Northbridge, Massachusetts.
(63) A revision submitted on February 2, 1984, allowing the burning
of 1.0% sulfur content fuel oil at The Biltrite Corporation facility in
Chelsea, Massachusetts for a period of up to 30 months, commencing on
June 15, 1984.
(64) A revision to the Ozone Attainment Plan was submitted by S.
Russell Sylva, Commissioner of the Massachusetts Department of
Environmental Quality Engineering on February 14, and May 22, 1985 to
control emissions from gasoline tank trucks and bulk terminal vapor
recovery systems.
(i) Incorporation by reference.
(A) Amendments to Regulations 310 CMR 7.00 and 7.02(12) (c) and (d),
``Motor Vehicle Fuel Tank Trucks'', adopted December 1984.

[[Page 74]]

(B) The May 22, 1985 letter from Massachusetts DEQE, and the
enforcement manual submitted and adopted on May 22, 1985, including
Method 27, record form, potential leak points, major tank truck leak
sources, test procedure for gasoline vapor leak detection procedure by
combustible gas detector, instruction manual for Sentox 2 and Notice of
Violation.
(65) A temporary variance to 310 CMR 7.05(1)(d)2 of ``Sulfur Content
of Fuels and Control Thereof for Metropolitan Boston Air Pollution
Control District'' submitted on January 6, 1984 to allow for the use of
2.2% sulfur content fuel oil in boiler unit 7 of the Boston Edison
Company Mystic Station facility in Everett for thirty months commencing
on September 25, 1984.
(66) Attainment and maintenance plans for lead, submitted on July 13
and August 17, 1984 by the Department of Environmental Quality
Engineering.
(67) A revision submitted on July 11, 1984 allowing the burning of
2.2% sulfur content fuel oil at the James River Corporation Hyde Park
Mill facility in Boston, Massachusetts for a period of up to 30 months,
commencing on September 25, 1984.
(68) A revision submitted on February 8 and October 23, 1985
allowing the burning of 2.2% sulfur content fuel oil at the Phillips
Academy facility in Andover, Massachusetts for a period of up to 30
months, commencing on April 1, 1986.
(i) Incorporation by reference.
(A) Letter from Richard J. Chalpin, Acting Regional Engineer, to
Phillips Academy, dated December 27, 1984 allowing the temporary use of
less expensive 2.2% sulfur fuel oil (for 30 months from the date of
publication), the savings from which will be used to implement permanent
energy conservation measures to reduce on-site consumption of petroleum
products by at least 50,000 gallons per year (estimated 82,000 gallons
per year). At the end of the temporary use period, Phillips Academy will
return to the use of 1.0% sulfur fuel oil. The particulate emission rate
for the facility will not exceed 0.15 lbs. per million Btu.
(B) These specific requirements of Regulation 310 CMR 7.19 were
agreed to in a Statement of Agreement, signed February 19, 1985.
(C) Memorandum to Donald C. Squires from Bruce K. Maillet dated
October 4, 1985; subject: Response to EPA questions regarding Phillips
Academy, outlines the permanent energy conservation measures to be used.
(69) Revisions to federally approved regulations 310 CMR 7.02(2)(b)
and 310 CMR 7.05(4) were submitted on December 3, 1985, January 31, 1986
and February 11, 1986 by the Department of Environmental Quality
Engineering.
(i) Incorporation by reference.
(A) Regulation 310 CMR 7.02(2)(b), Department of Environmental
Quality Engineering, Air Pollution Control, is corrected to include the
word ``major'' before the word ``modification''.
(B) Regulation 310 CMR 7.05(4), Department of Environmental Quality
Engineering, Air Pollution Control, Ash Content of Fuels.
(ii) Additional materials.
(A) The nonregulatory portions of the state submittals.
(70) A revision submitted on February 19, 1986 allowing the burning
of 2.2% sulfur content fuel oil at the Boston Housing Authority, Mary
Ellen McCormick and Maverick Family Development facilities in Boston,
Massachusetts for a period of up to 30 months, commencing on August 12,
1986.
(i) Incorporation by reference.
(A) Letters dated August 30, 1985 and July 11, 1985 for the Mary
Ellen McCormick and Maverick Family Development Facilities,
respectively, from Richard J. Chalpin, Acting Regional Engineer,
allowing the temporary use of less expensive 2.2% sulfur fuel oil for 30
months from August 12, 1986, the savings from which will be used to
implement permanent energy conservation measures to reduce the on-site
consumption of the petroleum products. At the end of the temporary use
period, the Boston Housing Authority, Mary Ellen McCormick and Maverick
Family Development facilities will return to the use of 0.5% sulfur fuel
oil. The particulate emission rate for these facilities will not exceed
0.12 lbs per million BTU.
(B) Statements of Agreement both signed October 28, 1985 by Doris
Bunte,

[[Page 75]]

Administrator of Boston Housing Authority.
(C) Memorandum from Bruce K. Maillet to S. Russell Sylva dated
January 9, 1986, subject: Decision Memo.
(71) A revision submitted on May 12, 1986 allowing the burning of
2.2% sulfur content fuel oil at the Boston Housing Authority, Mission
Hill Extension Family Development facility in Boston, Massachusetts for
a period of up to 30 months, commencing on November 25, 1986.
(i) Incorporation by reference.
(A) Letter dated March 5, 1986 for the Mission Hill Extension Family
Development facility, from Richard J. Chalpin, Acting Regional Engineer,
allowing the temporary use of less expensive 2.2% sulfur fuel oil (for
30 months from the date of publication), the savings from which will be
used to implement permanent energy conservation measures to reduce the
on-site consumption of petroleum products. At the end of the temporary
use period, the Boston Housing Authority, Mission Hill Extension Family
Development facility will return to the use of 0.5% sulfur fuel oil. The
particulate emission rate for this facility will not exceed 0.12 lbs per
million Btu.
(B) Statements of Agreement signed April 4, 1986 by Doris Bunte,
Administrator of Boston Housing Authority.
(C) Memorandum from Bruce K. Maillet to S. Russell Sylva dated April
18, 1986, subject: Decision Memo.
(72) Revisions involving regulations 310 CMR 7.02(2)(b) 4, 5, and 6;
7.02(12)(b)3; 7.02(12)(d); and 7.14 were submitted on November 21, 1986
and January 15, 1987, by the Department of Environmental Quality
Engineering (DEQE).
(i) Incorporation by reference.
(A) Regulation 310 CMR 7.02(2)(b) 4, 5, and 6 are amended and became
effective on February 6, 1987.
(B) Regulation 310 CMR 7.02(12)(b)3 is deleted and became effective
on February 6, 1987.
(C) Regulation 310 CMR 7.02(12)(d) is amended and became effective
on February 6, 1987.
(D) Regulations 310 CMR 7.14 (2) and (3) are added and became
effective on February 6, 1987.
(E) The Commonwealth of Massachusetts Regulation Filing document
dated January 15, 1987 is provided and states that these regulatory
changes became effective on February 6, 1987.
(ii) Additional materials. The nonregulatory portions of the state
submittals.
(73) Revisions to the State Implementation Plan submitted by the
Commonwealth of Massachusetts on February 21, February 25, and June 23,
1986.
(i) Incorporation by reference.
(A) A letter from the Commonwealth of Massachusetts Department of
Environmental Quality Engineering dated February 21, 1986 and amendments
to 310 CMR 7.00 and 310 CMR 7.18 of the Regulations for the control of
Air Pollution in the Berkshire, Central Massachusetts, Merrimack Valley,
Metropolitan Boston, Pioneer Valley and Southeastern Massachusetts Air
Pollution Control Districts.
(B) A letter from the Commonwealth of Massachusetts Department of
Environmental Quality Engineering (DEQE), dated June 23, 1986 and the
Implementation Guidance, 310 CMR 7.18(18), Polystyrene Resin
Manufacturing, dated February 1986.
(C) A Regulation Filing and Publication document from the
Commonwealth of Massachusetts Department of Environmental Quality
Engineering, dated February 25, 1986.
(ii) Additional materials.
(A) Nonregulatory portions of the state submittals.
(74) Revisions to the State Implementation Plan were submitted by
the Commissioner of the Department of Environmental Quality Engineering
on November 5, 1986 and December 10, 1986.
(i) Incorporation by reference.
(A) Letter dated November 5, 1986 from the Massachusetts Department
of Environmental Quality Engineering (DEQE) submitting revisions to the
State Implementation Plan for EPA approval.
(B) Letter from the Massachusetts DEQE dated December 10, 1986,
which states that the effective date of Regulations 310 CMR 7.00,
``Definitions'' and 310 CMR 7.18(19), ``Synthetic Organic Chemical
Manufacture,'' is November 28, 1986.

[[Page 76]]

(C) Massachusetts' Regulation 310 CMR 7.18(19) entitled, ``Synthetic
Organic Chemical Manufacture,'' and amendments to 310 CMR 7.00,
``Definitions,'' effective in the Commonwealth of Massachusetts on
November 28, 1986.
(ii) Additional materials.
(A) Nonregulatory portions of the State submittal.
(75) [Reserved]
(76) Revisions involving regulations 310 CMR 7.18(2)(e) and 7.18(17)
submitted by the Department of Environmental Quality Engineering on
September 20, 1988.
(i) Incorporation by reference.
(A) Amendment to Regulation 310 CMR 7.18(2)(e)--effective July 22,
1988.
(B) Amendments to Regulation 310 CMR 7.18(17)(d)--effective July 22,
1988.
(C) A Regulation Filing and Publication document from the
Commonwealth of Massachusetts Department of Environmental Quality
Engineering dated July 5, 1988 which states that the effective date of
the regulatory amendments to 310 CMR 7.18(2)(e) and 310 CMR 7.18(17)(d),
incorporated above, is July 22, 1988.
(ii) Additional materials.
(A) Nonregulatory portions of the state submittal.
(77) Revisions to federally approved regulation 310 CMR 7.05(1)
submitted on July 18, 1984, April 17, 1985, March 16, 1987, and November
25, 1987 by the Department of Environmental Quality Engineering
approving sulfur-in-fuel limitations for the following sources: American
Fiber and finishing Company (formerly known as Kendall Company),
Colrain; Erving Paper company, Erving; and Westfield River Paper
Company, Russell.
(i) Incorporation by reference.
(A) Letters dated October 14, 1987 for the American Fiber and
Finishing Company, Erving Paper Company, and Westfield River Paper
Company facilities from Stephen F. Joyce, Deputy Regional Environmental
Engineer, Department of Environmental Quality Engineering.
(B) Statements of agreement signed November 6, 1987 by Schuyler D.
Bush, Vice President of Erving Paper Company; 1987 by Francis J.
Fitzpatrick, President of Westfield River Paper Company; and November
16, 1987 by Robert Young, Vice President of American Fiber and Finishing
Company.
(78) Revisions to federally approved regulation 310 CMR 7.02(12)
submitted on July 13, 1988, September 15, 1988, and April 12, 1989, by
the Department of Environmental Quality Engineering, limiting the
volatility of gasoline from May 1 through September 15, beginning 1989
and continuing every year thereafter, including any waivers to such
limitations that Massachusetts may grant. In 1989, the control period
will begin on June 30.
(i) Incorporation by reference.
(A) Massachusetts Regulation 310 CMR 7.02(12)(e), entitled,
``gasoline Reid Vapor Pressure (RVP),'' and amendments to 310 CMR 7.00,
``Definitions,'' effective in the Commonwealth of Massachusetts on May
11, 1988.
(B) Massachusetts Emergency Regulation Amendment to 310 CMR
7.02(12)(e) 2.b entitled ``gasoline Reid Vapor Pressure'' effective in
the Commonwealth of Massachusetts on April 11, 1989, with excerpt from
the Manual for Promulgating Regulations, Office of the Secretary of
State.
(79) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on February 4, 1988
and July 16, 1989 which define and impose reasonably available control
technology to control volatile organic compound emissions from Monsanto
Chemical Company in Indian Orchard, Massachusetts.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated July 18, 1989 submitting a revision to the
Massachusetts State Implementation Plan.
(B) A final RACT Compliance Plan Conditional Approval issued to
Monsanto Chemical Company by the Massachusetts Department of
Environmental Protection, dated and effective June 20, 1989.
(ii) Additional materials.
(A) Nonregulatory portions of the state submittal.
(80) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on July 18, 1989.
(i) Incorporation by reference.

[[Page 77]]

(A) Letter from the Massachusetts Department of Environmental
Protection dated July 18, 1989 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Amendments to the Conditional Plan Approval dated and effective
July 12, 1989 and the Conditional Plan Approval dated and effective
October 7, 1985 imposing reasonably available control technology on
Spalding Sports Worldwide in Chicopee, Massachusetts.
(81) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Quality Engineering on July
18, 1989.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Quality Engineering dated July 18, 1989 submitting a revision to the
Massachusetts State Implementation Plan.
(B) RACT Approval Addendum for Cranston Print Works Company, Webster
Division Facility in Webster, Massachusetts dated and effective June 20,
1989.
(ii) Additional materials. Nonregulatory portions of the State
submittal.
(82) Revision to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection August 8, 1989.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated August 8, 1989 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Amended Conditional Plan Approval (SM-85-168-IF) dated and
effective August 1, 1989 and an Amendment to the Amended Conditional
Plan Approval (SM-85-168-IF Revision) dated and effective August 8, 1989
imposing reasonably available control technology on Duro Textile
Printers, Incorporated in Fall River, Massachusetts.
(83) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on August 24, 1989
and October 16, 1989 regulating gasoline volatility.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated October 16, 1989 and a revision to the Massachusetts
State Implementation Plan containing revised Massachusetts gasoline Reid
Vapor Pressure regulation 310 CMR 7.24(5)(b)2, effective September 15,
1989.
(84) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on August 27, 1982,
June 22, 1987, and December 27, 1989.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated August 27, 1982, submitting a revision to the
Massachusetts State Implementation Plan.
(B) Amendments to 310 CMR 7.00, ``Definitions'' effective in the
Commonwealth of Massachusetts on June 18, 1982 which add the definitions
of the terms ``stationary source'' and ``building, structure, facility,
or installation.''
(ii)Additional materials.
(A) Letter from the Massachusetts Department of Environmental
Protection dated June 22, 1987 certifying that it did not rely on a dual
definition in its attainment demonstration.
(B) Letter from the Massachusetts Department of Environmental
Protection dated December 27, 1989 submitting additional assurances that
it is making reasonable efforts to develop a complete and approve SIP.
(C) Nonregulatory portions of the submittal.
(85) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on November 28,
1989.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated November 28, 1989 submitting a revision to the
Massachusetts State Implementation Plan.
(B) A Plan Approval 4P89005 Correction dated and effective November
17, 1989 and the Amended Plan Approval, 4P89005 dated and effective
October 19, 1989 imposing reasonably available control technology on
Boston Whaler Inc., in Norwell, Massachusetts.
(ii) Additional materials.
(A) Nonregulatory portions of the State submittal.

[[Page 78]]

(86) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on November 28,
1989.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated November 28, 1989 submitting a revision to the
Massachusetts State Implementation Plan.
(B) A Plan Approval 4P89006 Correction dated and effective November
17, 1989 and the Amended Plan Approval (4P89006) dated and effective
October 19, 1989 imposing reasonably available control technology on
Boston Whaler Inc. in Rockland, Massachusetts.
(ii) Additional materials.
(A) Nonregulatory portions of the State submittal.
(87) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on November 20,
1989.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated November 20, 1989 submitting a revision to the
Massachusetts State Implementation Plan.
(B) 2nd Amendment to the Final Approval/RACT Approval for the
Philips Lighting Company dated November 2, 1989.
(ii) Additional materials.
(A) Nonregulatory portions of the State submittal.
(88) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on June 13, 1990.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated June 13, 1990 submitting a revision to the
Massachusetts State Implementation Plan.
(B) An Amended Plan Approval dated and effective June 1, 1990
imposing reasonably available control technology on Acushnet Company,
Titleist Golf Division, Plant A in New Bedford, Massachusetts.
(ii) Additional materials.
(A) Nonregulatory portions of the State submittal.
(89) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on July 9, 1990.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated July 9, 1990 submitting a revision to the Massachusetts
State Implementation Plan.
(B) An Amended Plan Approval dated and effective June 8, 1990
imposing reasonably available control technology on General Motors
Corporation in Framingham, Massachusetts.
(ii) Additional materials.
(A) Nonregulatory portions of the State submittal.
(90) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on October 25, 1990
which define and impose RACT to control volatile organic compound
emissions from Erving Paper Mills in Erving, Massachusetts.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated October 25, 1990 submitting a revision to the
Massachusetts State Implementation Plan.
(B) A conditional final plan approval issued by the Massachusetts
Department of Environmental Protection to Erving Paper Mills dated and
effective October 16, 1990.
(91) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on April 22, 1991
which clarify the requirements of RACT to control volatile organic
compound emissions from Erving Paper Mills in Erving, Massachusetts.
(i)Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated April 22, 1991 submitting a revision to the
Massachusetts State Implementation Plan.
(B) A conditional final plan approval amendment issued by the
Massachusetts Department of Environmental Protection to Erving Paper
Mills dated and effective April 16, 1991. This amended conditional plan
approval amends the October 16, 1990 conditional plan approval
incorporated at paragraph (c)(90) of this section.

[[Page 79]]

(92) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on August 17, 1989,
June 7, 1991 and December 17, 1991.
(i) Incorporation by reference.
(A) Letters from the Massachusetts Department of Environmental
Protection dated August 17, 1989 and June 7, 1991 submitting a revision
to the Massachusetts State Implementation Plan.
(B) Portions of regulation 310 CMR 7.18(7) for automobile surface
coating as submitted on August 17, 1989 effective in the Commonwealth of
Massachusetts on September 15, 1989.
(C) Portions of regulation 310 CMR 7.18(7) for automobile surface
coating as submitted on June 7, 1991 effective in the Commonwealth of
Massachusetts on June 21, 1991.
(ii) Additional materials.
(A) A letter dated December 17, 1991 from the Massachusetts
Department of Environmental Protection withdrawing the emission limit
for the Primer-surfacer application from the June 7, 1991 submittal.
(B) Nonregulatory portions of state submittal.
(93) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on August 27, 1982,
June 27, 1984, March 6, 1985, April 12, 1985, August 17, 1989, June 7,
1991 and December 17, 1991.
(i) Incorporation by reference.
(A) Letters from the Massachusetts Department of Environmental
Protection dated August 27, 1982, April 12, 1985, August 17, 1989, and
June 7, 1991, submitting revisions to the Massachusetts State
Implementation Plan.
(B) Amendment to 310 CMR 7.18(2)(b) submitted on August 27, 1982 and
effective on September 16, 1982.
(C) Addition of 310 CMR 7.00: Appendix B submitted on April 12, 1985
and effective on September 30, 1984.
(D) Amendments to portions of 310 CMR 7.00 submitted on August 17,
1989 and effective September 15, 1989.
(E) Amendments to portions of 310 CMR 7.00 submitted on June 7, 1991
and effective on April 12, 1991.
(F) Amendments to portions of 310 CMR 7.00 submitted on June 7, 1991
and effective on June 21, 1991.
(ii) Additional materials.
(A) A letter from the Massachusetts Department of Environmental
Quality Engineering dated June 27, 1984 submitting 310 CMR 7.00:
Appendix B.
(B) A letter from the Massachusetts Department of Environmental
Quality Engineering dated March 6, 1985 submitting additional
information on 310 CMR 7.00: Appendix B and referencing 310 CMR
7.18(2)(b).
(C) A letter dated December 17, 1991 from the Massachusetts
Department of Environmental Protection withdrawing the emission limit
for the Primer-surfacer application in 310 CMR 7.18(7)(b) from the June
7, 1991 submittal.
(D) Nonregulatory portions of state submittal.
(94) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on August 4, 1989,
December 6, 1989 and March 23, 1990.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated August 4, 1989, December 6, 1989 and March 23, 1990
submitting a revision to the Massachusetts State Implementation Plan.
(B) Massachusetts' Air Pollution Control Regulations 310 CMR 7.30
(excluding 310 CMR 7.30(8)(a)), and 310 CMR 7.31 entitled, ``MB
Massport/Logan Airport Parking Freeze'' and ``MB City of Boston/East
Boston Parking Freeze'' respectively, effective in the State of
Massachusetts on 11/24/89, and technical amendments to that regulation
submitted by the Massachusetts Department of Environmental Protection on
March 23, 1990, effective 3/30/90.
(ii) Additional materials.
(A) Appendix 5D, Baseline and Future Case CO Compliance Modeling,
dated June 1986.
(B) Policy Statement Regarding the Proposed Amendment to the Logan
Airport Parking Freeze, dated November 14, 1988.
(95) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection of May 15, 1991.
(i) Incorporation by reference.

[[Page 80]]

(A) Letter from the Massachusetts Department of Environmental
Protection dated May 15, 1992 submitting a revision to the Massachusetts
State Implementation Plan.
(B) Final Plan Approval No. 4P89051, dated and effective May 13,
1991 imposing reasonably available control technology on Dartmouth
Finishing Corporation, New Bedford, Massachusetts.
(96) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on January 30,
1991.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated January 30, 1991 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Massachusetts Regulation 310 CMR 7.38, entitled ``Certification
of Tunnel Ventilation Systems in the Metropolitan Boston Air Pollution
Control District,'' and amendment to 310 CMR 7.00, entitled
``Definitions,'' effective in the Commonwealth of Massachusetts on
January 18, 1991.
(97) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on May 17, 1990,
July 5, 1990, June 7, 1991, and April 21, 1992.
(i) Incorporation by reference.
(A) Letters from the Massachusetts Department of Environmental
Protection, dated May 17, 1990 and June 7, 1991, submitting a revision
to the Massachusetts State Implementation Plan.
(B) Definition of ``motor vehicle fuel,'' ``motor vehicle fuel
dispensing facility,'' ``substantial modification,'' and ``vapor
collection and control system,'' added to 310 CMR 7.00 and effective in
the Commonwealth of Massachusetts on October 27, 1989.
(C) 310 CMR 7.24(6) ``Dispensing of Motor Vehicle Fuel,'' effective
in the Commonwealth of Massachusetts on October 27, 1989.
(D) Amendments to 310 CMR 7.24(6)(b) ``Dispensing of Motor Vehicle
Fuel'' and to the definition of ``substantial modification'' in 310 CMR
7.00, effective in the Commonwealth of Massachusetts on June 21, 1991.
(E) Amendment to the definition of ``motor vehicle fuel dispensing
facility'' in 310 CMR 7.00, effective in the Commonwealth of
Massachusetts on April 12, 1991.
(ii) Additional materials.
(A) Letter from the Massachusetts Department of Environmental
Protection, dated July 5, 1990, requesting the withdrawal of amendments
to subsection 310 CMR 7.24(2)(c) which require Stage I vapor recovery in
Berkshire County from the SIP revision package submitted on May 17,
1990.
(B) Letter from the Massachusetts Department of Environmental
Protection, dated April 21, 1992, submitting an implementation policy
statement regarding its Stage II program. This policy statement
addresses the installation of California Air Resources Board (CARB)
certified systems, Stage II testing procedures, and defects in State II
equipment.
(C) Nonregulatory portions of the submittal.
(98) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on November 13,
1992, January 15, 1993, and February 17, 1993.
(i) Incorporation by reference.
(A) Letters from the Massachusetts Department of Environmental
Protection dated November 13, 1992, January 15, 1993, and February 17,
1993, submitting a revision to the Massachusetts State Implementation
Plan.
(B) 310 CMR 7.24(6) ``Dispensing of Motor Vehicle Fuel,'' effective
in the State of Massachusetts on February 12, 1993.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(99) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on November 3, 1990
and August 26, 1992 which define and impose reasonably available control
technology to control volatile organic compound emissions from S. Bent &
Brothers in Gardner, Massachusetts.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated August 26, 1992 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Final Air Quality Approval RACT issued to S. Bent by the
Massachusetts

[[Page 81]]

Department of Environmental Protection dated and effective May 22, 1992.
(ii) Additional materials.
(A) Letter from the Massachusetts Department of Environmental
Protection dated November 3, 1990 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Final Air Quality Approval RACT issued to S. Bent by the
Massachusetts Department of Environmental Protection dated and effective
October 17, 1990.
(C) Nonregulatory portions of the November 3, 1990 and August 26,
1992 state submittals.
(100) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on July 19, 1993.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated July 19, 1993 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Plan approval no. C-P-93-011, effective June 30, 1993, which
contains emissions standards, operating conditions, and recordkeeping
requirements applicable to Nichols & Stone Company in Gardner,
Massachusetts.
(ii) Additional materials.
(A) Letter dated October 27, 1993 from Massachusetts Department of
Environmental Protection submitting certification of a public hearing.
(101) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on December 9,
1991.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated December 9, 1991 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Massachusetts Regulation 310 CMR 7.36, entitled ``Transit System
Improvements'', Massachusetts Regulation 310 CMR 7.37, entitled ``High
Occupancy Vehicle Facilities'', and amendments to 310 CMR 7.00, entitled
``Definitions,'' effective in the Commonwealth of Massachusetts on
December 6, 1991.
(102) [Reserved]
(103) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on November 15,
1993 and May 11, 1994, substituting the California Low Emission Vehicle
program for the Clean Fuel Fleet program.
(i) Incorporation by reference.
(A) Letters from the Massachusetts Department of Environmental
Protection dated November 15, 1993 and May 11, 1994, submitting a
revision to the Massachusetts State Implementation Plan which
substitutes the California Low Emission Vehicle program for the Clean
Fuel Fleet program.
(B) A regulation dated and effective January 31, 1992, entitled ``U
Low Emission Vehicle Program'', 310 CMR 7.40.
(C) Additional definitions to 310 CMR 7.00 ``Definitions'' (dated
and effective 1/31/92) to carry out the requirements set forth in 310
CMR 7.40.
(ii) Additional materials.
(A) Additional nonregulatory portions of the submittal.
(104) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on March 31, 1994.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated March 31, 1994 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Final Plan Approval No. 4P92012, dated and effective March 16,
1994 imposing reasonably available control technology on Brittany Dyeing
and Finishing of New Bedford, Massachusetts.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(105) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on June 6, 1994.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated June 6, 1994 submitting a revision to the Massachusetts
State Implementation Plan.
(B) 310 CMR 7.02(12) ``U Restricted Emission Status'' effective in
the Commonwealth of Massachusetts on February 25, 1994.
(ii) Additional materials.

[[Page 82]]

(A) Nonregulatory portions of the submittal.
(106) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on June 28, 1990,
September 30, 1992, and July 15, 1994.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection, dated June 28, 1990, submitting a revision to the
Massachusetts State Implementation Plan.
(B) Letter from the Massachusetts Department of Environmental
Protection, dated September 30, 1992, submitting a revision to the
Massachusetts State Implementation Plan.
(C) Letter from the Massachusetts Department of Environmental
Protection, dated July 15, 1994, submitting a revision to the
Massachusetts State Implementation Plan.
(D) Regulation 310 CMR 7.12 entitled ``Inspection Certification
Record Keeping and Reporting'' which became effective on July 1, 1994.
(ii) Additional materials.
(A) Nonregulatory portions of submittal.
(B) Letter from the Massachusetts Department of Environmental
Protection, dated December 30, 1994, assuring EPA that the data elements
noted in EPA's December 13, 1994 letter were being incorporated into the
source registration forms used by Massachusetts emission statement
program.
(ii) Additional materials.
(A) Nonregulatory portions of submittal.
(107) Massachusetts submitted the Oxygenated Gasoline Program on
October 29, 1993. This submittal satisfies the requirements of section
211(m) of the Clean Air Act, as amended.
(i) Incorporation by reference.
(A) Letter dated October 29, 1993 which included the oxygenated
gasoline program, amendments to the Massachusetts Air Pollution Control
Regulations, 310 CMR 7.00, with an effective date of March 1, 1994,
requesting that the submittal be approved and adopted as part of
Massachusetts' SIP.
(ii) Additional materials.
(A) The Technical Support Document for the Redesignation of the
Boston Area as Attainment for Carbon Monoxide submitted on December 12,
1994.
(108) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on January 9, 1995.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated January 9, 1995 submitting a revision to the
Massachusetts State Implementation Plan.
(B) The following portions of the Rules Governing the Control of Air
Pollution for the Commonwealth of Massachusetts effective on November
18, 1994: 310 Code of Massachusetts Regulations Section 7.25 U Best
Available Controls for Consumer and Commercial Products.
(109) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on January 9, 1995.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection, dated January 9, 1995, submitting a revision to the
Massachusetts State Implementation Plan.
(B) The following portions of the Rules Governing the Control of Air
Pollution for the Commonwealth of Massachusetts effective on December
16, 1994: 310 Code of Massachusetts Regulations Section 7.18(28)
Automotive Refinishing.
(110) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on March 29, 1995.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated March 29, 1995 submitting a revision to the
Massachusetts State Implementation Plan.
(B) The following portions of the Rules Governing the Control of Air
Pollution for the Commonwealth of Massachusetts effective on January 27,
1995: 310 Code of Massachusetts Regulations Section 7.18(29), Bakeries.
(111) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on July 30, 1993.
(i) Incorporation by reference.

[[Page 83]]

(A) Letter from the Massachusetts Department of Environmental
Protection dated July 30, 1993 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Massachusetts Air Pollution Control Regulation 310 CMR 7.33,
entitled ``City of Boston/South Boston Parking Freeze,'' and the
following amendments to 310 CMR 7.00, entitled ``Definitions,'' which
consist of adding or amending four definitions; motor vehicle parking
space; off-peak parking spaces; remote parking spaces; and restricted
use parking, effective in the Commonwealth of Massachusetts on April 9,
1993.
(112) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on February 9,
1994, and April 14, 1995, concerning emissions banking, trading, and
averaging.
(i) Incorporation by reference.
(A) Letters from the Massachusetts Department of Environmental
Protection dated February 9, 1994, and March 29, 1995, submitting
revisions to the Massachusetts State Implementation Plan.
(B) Regulations 310 CMR 7.00 Appendix B(1); 310 CMR 7.00 Appendix
B(2); 310 CMR 7.00 Appendix B(3), except 310 CMR 7.00 Appendix
B(3)(e)5.h; and, 310 CMR 7.00 Appendix B(5); effective on January 1,
1994. Also, regulations 310 CMR 7.00 Appendix B(4); 310 CMR 7.00
Appendix B(6); 310 CMR 7.18(2)(b); 310 CMR 7.19(2)(d); 310 CMR
7.19(2)(g); and, 310 CMR 7.19(14); effective on January 27, 1995.
(ii) Additional materials.
(A) Letter and attachments from the Massachusetts Department of
Environmental Protection dated February 8, 1996, submitting supplemental
information concerning the demonstration of balance between credit
creation and credit use.
(113) A revision to the Massachusetts SIP regarding ozone
monitoring. The Commonwealth of Massachusetts will modify its SLAMS and
its NAMS monitoring systems to include a PAMS network design and
establish monitoring sites. The Commonwealth's SIP revision satisfies 40
CFR 58.20(f) PAMS requirements.
(i) Incorporation by reference.
(A) Massachusetts PAMS Network Plan, which incorporates PAMS into
the ambient air quality monitoring network of State or Local Air
Monitoring Stations (SLAMS) and National Air Monitoring Stations (NAMS).
(ii) Additional material.
(A) Letter from the Massachusetts Department of Environmental
Protection dated December 30, 1993 submitting a revision to the
Massachusetts State Implementation Plan.
(114) The Commonwealth of Massachusetts' March 27, 1996 submittal
for an enhanced motor vehicle inspection and maintenance (I/M) program,
as amended on June 27, 1996 and July 29, 1996, and November 1, 1996, is
conditionally approved based on certain contingencies, for an interim
period to last eighteen months. If the Commonwealth fails to start its
program according to schedule, or by November 15, 1997 at the latest,
this conditional approval will convert to a disapproval after EPA sends
a letter to the state. If the Commonwealth fails to satisfy the
following conditions within 12 months of this rulemaking, this
conditional approval will automatically convert to a disapproval as
explained under section 110(k) of the Clean Air Act.
(i) The conditions for approvability are as follows:
(A) The time extension program as described and committed to in the
March 3, 1997 letter from Massachusetts must be further defined and
submitted to EPA as a SIP revision by no later than one year after the
effective date of this interim approval. Another program which meets the
requirements of 40 CFR 51.360 (Waivers and Compliance via Diagnostic
Inspection) and provides for no more than a 1% waiver rate would also be
approvable.
(B) Other major deficiencies as described in the proposal must also
be corrected in 40 CFR 51.351 (Enhanced I/M Performance Standard), Sec.
51.354 (Adequate Tools and Resources), Sec. 51.357 (Test Procedures and
Standards), Sec. 51.359 (Quality Control), and Sec. 51.363 (Quality
Assurance). The Commonwealth, committed in a letter dated March 3, 1997
to correct these deficiencies within one year of conditional interim
approval by EPA.

[[Page 84]]

(ii) In addition to the above conditions for approval, the
Commonwealth must correct several minor, or de minimis deficiencies
related to CAA requirements for enhanced I/M. Although satisfaction of
these deficiencies does not affect the conditional approval status of
the Commonwealth's rulemaking granted under the authority of section 110
of the Clean Air Act, these deficiencies must be corrected in the final
I/M SIP revision prior to the end of the 18-month interim period granted
under the National Highway Safety Designation Act of 1995:
(A) The SIP lacks a detailed description of the program evaluation
element as required under 40 CFR 51.353;
(B) The SIP lacks a detailed description of the test frequency and
convenience element required under 40 CFR 51.355;
(C) The SIP lacks a detailed description of the number and types of
vehicles included in the program as required under 40 CFR 51.356;
(D) The SIP lacks a detailed information concerning the enforcement
process, and a commitment to a compliance rate to be maintained in
practice required under 40 CFR 51.361.
(E) The SIP lacks the details of the enforcement oversight program
including quality control and quality assurance procedures to be used to
insure the effective overall performance of the enforcement system as
required under 40 CFR 51.362;
(F) The SIP lacks a detailed description of procedures for
enforcement against contractors, stations and inspectors as required
under 40 CFR 51.364;
(G) The SIP lacks a detailed description of data analysis and
reporting provisions as required under 40 CFR 51.366;
(H) The SIP lacks a public awareness plan as required by 40 CFR
51.368; and
(I) The SIP lacks provisions for notifying motorists of required
recalls prior to inspection of the vehicle as required by 40 CFR 51.370.
(iii) EPA is also approving this SIP revision under section 110(k),
for its strengthening effect on the plan.
(115) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on October 17, 1997
and July 30, 1996.
(i) Incorporation by reference.
(A) 310 CMR 7.24(8) ``Marine Volatile Organic Liquid Transfer''
effective in the Commonwealth of Massachusetts on October 5, 1997.
(B) Definition of ``volatile organic compound'' in 310 CMR 7.00
``Definitions'' effective in the Commonwealth of Massachusetts on June
28, 1996.
(C) Definition of ``waterproofing sealer'' in 310 CMR 7.25 ``Best
Available Controls for Consumer and Commercial Products'' effective in
the Commonwealth of Massachusetts on June 28, 1996.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(116) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on August 9, 2000,
September 11, 2000 and July 25, 1995.
(i) Incorporation by reference.
(A) 310 CMR 7.24(6) ``Dispensing of Motor Vehicle Fuel,'' effective
in the Commonwealth of Massachusetts on September 29, 2000.
(B) 310 CMR 7.00 definitions of the following terms associated with
310 CMR 7.24(6) and effective in the Commonwealth of Massachusetts on
September 29, 2000: ``commence operation''; ``emergency situation'';
``executive order''; ``Stage II system''; ``substantial modification'';
``vacuum assist system''; and ``vapor balance system.''
(C) 310 CMR 7.00 definitions of the following terms associated with
310 CMR 7.24(6) and effective in the Commonwealth of Massachusetts on
June 30, 1995: ``emergency motor vehicle;'' and ``tank truck.''
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(117) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on February 17,
1993.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated February 17, 1993 submitting a revision to the
Massachusetts State Implementation Plan.

[[Page 85]]

(B) Regulations 310 CMR 7.00, Definitions; 310 CMR 7.03(13), Paint
spray booths; 310 CMR 7.18(2), Compliance with emission limitations; 310
CMR 7.18(7), Automobile surface coating; 310 CMR 7.18(8), Solvent Metal
Degreasing; 310 CMR 7.18(11), Surface coating of miscellaneous metal
parts and products; 310 CMR 7.18(12), Graphic arts; 310 CMR 7.18(17),
Reasonable available control technology (as it applies to the
Springfield ozone nonattainment area only); 310 CMR 7.18(20), Emission
control plans for implementation of reasonably available control
technology; 310 CMR 7.18(21), Surface coating of plastic parts; 310 CMR
7.18(22), Leather surface coating; 310 CMR 7.18(23), Wood products
surface coating; 310 CMR 7.18(24), Flat wood paneling surface coating;
310 CMR 7.18(25), Offset lithographic printing; 310 CMR 7.18(26),
Textile finishing; 310 CMR 7.18(27), Coating mixing tanks; and 310 CMR
7.24(3), Distribution of motor vehicle fuel all effective on February
12, 1993.
(118) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on December 19,
1997.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated December 19, 1997 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Regulation 310 CMR 7.27, NOX Allowance Program,
effective on June 27, 1997.
(ii) Additional materials.
(A) Letter from the Massachusetts Department of Environmental
Protection dated March 9, 1998 clarifying the program implementation
process.
(119) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on July 15, 1994,
October 4, 1996, December 2, 1996, January 11, 1999, and April 16, 1999.
(i) Incorporation by reference.
(A) Letters from the Massachusetts Department of Environmental
Protection dated July 15, 1994, October 4, 1996, December 2, 1996,
January 11, 1999, and April 16, 1999 submitting revisions to the
Massachusetts State Implementation Plan.
(B) Regulation, 310 CMR 7.19, ``Reasonably Available Control
Technology (RACT) for Sources of Oxides of Nitrogen (NOX)''
as adopted by the Commonwealth of Massachusetts on June 29, 1994 and
effective on July 1, 1994.
(C) Emission Control Plan for Specialty Minerals, Incorporated, in
Adams, issued by Massachusetts and effective on June 16, 1995.
(D) Emission Control Plan for Monsanto Company's Indian Orchard
facility in Springfield, issued by Massachusetts and effective on
October 28, 1996.
(E) Emission Control Plan for Turners Falls Limited Partnership/
Indeck Energy Services Turners Falls, Inc., in Montague, issued by
Massachusetts and effective on March 10, 1998.
(F) Emission Control Plan for Medusa Minerals Company in Lee, issued
by Massachusetts and effective on April 17, 1998.
(G) Regulation 310 CMR 7.08(2), ``Municipal Waste Combustors,
adopted on July 24, 1998 and effective on August 21, 1998, excluding the
following sections which were not submitted as part of the SIP revision:
(a); the definition of ``Material Separation Plan'' in (c); (d)1; (d)2;
(d)3; (d)4; (d)5; (d)6; (d)8; (f)1; (f)2; (f)5; (f)6; (f)7; (g)1; (g)2;
(g)3; (g)4; (h)2.a; (h)2.b; (h)2.d; (h)2.e; (h)2.g; (h)2.h; (h)4;
(h)5.a; (h)5.c; (h)5.d; (h)9; (h)10; (h)13; (i)1.b; (i)1.g; (i)2.c;
(i)2.d; (i)2.e; and (k)3.
(H) Amendments to regulation 310 CMR 7.19, ``Reasonably Available
Control Technology (RACT) for Sources of Oxides of Nitrogen
(NOX)'' as adopted by the Commonwealth of Massachusetts on
January 5, 1999 and effective on January 22, 1999.
(120) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on July 25, 1990.
(i) Incorporation by reference.
(A) 310 CMR 6.04, 7.00, and 8.02 and 8.03 (August 17, 1990).
(121) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on January 11, 1995
and March 29, 1995.
(i) Incorporation by reference.
(A) Definitions of ``combustion device,'' ``leak,'' ``leaking
component,'' ``lightering or lightering operation,'' ``loading event,''
``marine tank vessel,''

[[Page 86]]

``marine terminal,'' ``marine vessel,'' ``organic liquid,'' and
``recovery device'' in 310 CMR 7.00 ``Definitions'' effective in the
Commonwealth of Massachusetts on January 27, 1995.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(122) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on May 14, 1999,
February 1, 2000 and March 15, 2000.
(i) Incorporation by reference.
(A) Regulation 310 CMR 60.02 entitled ``Regulations for the Enhanced
Motor Vehicle Inspection and Maintenance Program'' which became
effective on October 1, 1999, and a September 17, 1999, Notice of
Correction submitted by the Secretary of State indicating the effective
date of the regulations.
(B) Sections 4.01, 4.02, 4.03, 4.04(1), (2), (3), (5), (15) 4.05(1),
(2), (12)(d), (12)(e), (12)(o) 4.07, 4.08, and 4.09 of Regulation 540
CMR 4.00 entitled ``Periodic Annual Staggered Safety and Combined Safety
and Emissions Inspection of All Motor Vehicles, Trailers, Semi-trailers
and Converter Dollies' which became effective on May 28, 1999.''
(ii) Additional materials.
(A) Letters from the Massachusetts Department of Environmental
Protection dated May 14, 1999, February 1, 2000, and March 15, 2000,
submitting a revision to the Massachusetts State Implementation Plan.
(B) Test Procedures and Equipment Specifications submitted on
February 1, 2000.
(C) Acceptance Test Protocol submitted on March 15, 2000.
(123) [Reserved]
(124) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on November 19,
1999.
(i) Incorporation by reference.
(A) Amendments revising regulatory language in 310 CMR 7.19(13)(b),
Continuous Emission Monitoring Systems, which became effective on
December 10, 1999.
(B) Amendments to 310 CMR 7.27, NOX Allowance Program,
adding paragraphs 7.27(6)(m), 7.27(9)(b), 7.27(11)(o), 7.27(11)(p) and
7.27(15)(e), which became effective December 10, 1999.
(C) Regulations 310 CMR 7.28, NOX Allowance Trading
Program, which became effective on December 10, 1999.
(ii) Additional materials.
(A) Letter from the Commonwealth of Massachusetts, Executive Office
of Environmental Affairs, Department of Environmental Protection dated
November 19, 1999, submitting amendment to SIP.
(B) Background Document and Technical Support for Public Hearings on
the Proposed Revisions to the State Implementation Plan for Ozone, July,
1999.
(C) Supplemental Background Document and Technical Support for
Public Hearings on Modifications to the July 1999 Proposal to Revise the
State Implementation Plan for Ozone, September, 1999.
(D) Table of Unit Allocations.
(E) Letter from the Commonwealth of Massachusetts, Executive Office
of Environmental Affairs, Department of Environmental Protection dated
April 10, 2002.
(F) The SIP narrative ``Technical Support Document for Public
Hearings on Revisions to the State Implementation Plan for Ozone for
Massachusetts, Amendments to Statewide Projected Inventory for Nitrogen
Oxides,'' dated March 2002.
(125)-(126) [Reserved]
(127) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on July 15, 1994
and April 14, 1995.
(i) Incorporation by reference.
(A) Massachusetts Amendments to 310 CMR 7.00 Appendix A entitled,
``Emission Offsets and Nonattainment Review,'' effective July 1, 1994.
(B) Massachusetts Amendments to 310 CMR 7.00 Appendix A entitled,
``Emission Offsets and Nonattainment Review'' paragraph (3)(g) effective
July 1, 1994.
(ii) Additional materials.
(A) Letters from the Massachusetts Department of Environmental
Protection dated July 15, 1994 and March 29, 1995 submitting revisions
to the Massachusetts State Implementation Plan.
(128) [Reserved]

[[Page 87]]

(129) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on February 17,
1993, April 16, 1999, and October 7, 1999.
(i) Incorporation by reference.
(A) 310 CMR 7.18(17) ``Reasonable Available Control Technology,'' as
it applies to the eastern Massachusetts ozone nonattainment area,
effective in the Commonwealth of Massachusetts on February 12, 1993.
(B) Plan Approval issued by the Massachusetts Department of
Environmental Protection to the Gillette Company Andover Manufacturing
Plant on June 17, 1999.
(C) Plan Approval issued by the Massachusetts Department of
Environmental Protection to Norton Company on August 5, 1999 and letter
from the Massachusetts Department of Environmental Protection, dated
October 7, 1999, identifying the effective date of this plan approval.
(D) Plan Approval issued by the Massachusetts Department of
Environmental Protection to Rex Finishing Incorporated on May 10, 1991
and letter from the Massachusetts Department of Environmental
Protection, dated April 16, 1999, identifying the effective date of this
plan approval.
(E) Plan Approval issued by the Massachusetts Department of
Environmental Protection to Barnet Corporation on May 14, 1991.
(ii) Additional materials.
(A) Letter from the Massachusetts Department of Environmental
Protection, dated April 16, 1999, submitting negative declarations for
certain VOC source categories.
(B) Letter from the Massachusetts Department of Environmental
Protection, dated July 24, 2002, discussing wood furniture manufacturing
and aerospace coating requirements in Massachusetts.
(C) 310 CMR 7.02 BACT plan approvals issued by the Massachusetts
Department of Environmental Protection to Solutia, Saloom Furniture,
Eureka Manufacturing, Moduform, Polaroid, and Globe.
(130) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on December 8, 2000
and December 26, 2000.
(i) Incorporation by reference.
(A) Massachusetts State Regulation 310 CMR 7.30 ``Massport/Logan
Airport Parking Freeze,'' effective in the Commonwealth of Massachusetts
on December 22, 2000.
(B) Massachusetts State Regulation 310 CMR 7.31 ``City of Boston/
East Boston Parking Freeze,'' effective in the Commonwealth of
Massachusetts on December 22, 2000.
(ii) Additional materials.
(A) Letter from the Massachusetts Department of Environmental
Protection dated December 8, 2000 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Letter from the Massachusetts Department of Environmental
Protection dated December 26, 2000 submitting the final state certified
copies of State regulations 310 CMR 7.30 ``Massport/Logan Airport
Parking Freeze'' and 310 CMR 7.31 ``City of Boston/East Boston Parking
Freeze.''
(131) [Reserved]
(132) Revisions to the State Implementation Plan regarding the Low
Emission Vehicle Program submitted by the Massachusetts Department of
Environmental Protection on August 9 and August 26, 2002.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated August 9, 2002, in which it submitted the Low Emission
Vehicle Program adopted on December 24, 1999.
(B) Letter from the Massachusetts Department of Environmental
Protection dated August 26, 2002 which clarified the August 9, 2002
submittal to exclude certain sections of the Low Emission Vehicle
Program from consideration.
(C) December 24, 1999 version of 310 CMR 7.40, the ``Low Emission
Vehicle Program'' except for 310 CMR 7.40(2)(a)5, 310 CMR 7.40(2)(a)6,
310 CMR 7.40(2)(c)3, 310 CMR 7.40(10), and 310 CMR 7.40(12).
(133) [Reserved]
(134) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on July 12, 2006.
(i) Incorporation by reference.

[[Page 88]]

(A) Massachusetts Regulation 310 CMR 7.38, entitled ``Certification
of Tunnel Ventilation Systems in the Metropolitan Boston Air Pollution
Control District,'' effective in the Commonwealth of Massachusetts on
December 30, 2005.
(B) Massachusetts Regulation Filing, dated December 13, 2005,
amending 310 CMR 7.38 entitled ``Certification of Tunnel Ventilation
Systems in the Metropolitan Boston Air Pollution Control District.''
(ii) Additional materials.
(A) Letter from the Massachusetts Department of Environmental
Protection dated July 12, 2006, submitting a revision to the
Massachusetts State Implementation Plan.
(135) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on March 30, 2007.
(i) Incorporation by reference.
(A) 310 CMR 7.32 entitled ``Massachusetts Clean Air Interstate Rule
(Mass CAIR),'' effective in the Commonwealth of Massachusetts on May 4,
2007.
(B) Amendments to 310 CMR 7.28 entitled ``NOX Allowance
Trading Program,'' effective in the Commonwealth of Massachusetts on May
4, 2007.
(C) Massachusetts Regulation Filing, dated April 19, 2007, amending
310 CMR 7.28 entitled ``NOX Allowance Trading Program,'' and
adopting 310 CMR 7.32 entitled ``Massachusetts Clean Air Interstate Rule
(Mass CAIR).''
(136) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on December 13,
2006 and June 1, 2007.
(i) Incorporation by reference.
(A) Massachusetts Regulation 310 CMR 7.00 entitled ``Definitions,''
adding the definition for the term ``Boston Metropolitan Planning
Organization,'' effective in the Commonwealth of Massachusetts on
December 1, 2006.
(B) Massachusetts Regulation 310 CMR 7.36 entitled ``Transit System
Improvements,'' effective in the Commonwealth of Massachusetts on
December 1, 2006.
(C) Massachusetts Regulation Filing, dated November 16, 2006,
substantiating December 1, 2006, State effective date for amended 310
CMR 7.00 entitled ``Definition,'' (addition of term ``Boston
Metropolitan Planning Organization,'' which appears on the replaced page
173 of the State's Code of Massachusetts Regulations,) and 310 CMR 7.36
entitled ``Transit System Improvements.''
(ii) Additional Materials.
(A) Letter from the Massachusetts Department of Environmental
Protection dated December 13, 2006 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Letter from the Massachusetts Department of Environmental
Protection dated June 1, 2007 submitting a revision to the Massachusetts
State Implementation Plan.
(C) Letter from the Massachusetts Executive Office of Transportation
dated September 4, 2007 identifying its commitment to the Green Line
extension and to make every effort to accelerate the planning, design
and environmental review and permitting of the project in order to work
towards the 2014 completion date.
(D) Letter from the Chair of the Boston Region Metropolitan Planning
Organization dated May 1, 2008 concurring in the finding that the
transit system improvements projects will achieve emission benefits
equivalent to or greater than the benefits from the original transit
system improvements projects being replaced.
(E) Letter from EPA New England Regional Administrator dated July 5,
2008 concurring in the finding that the transit system improvements
projects will achieve emission benefits equivalent to or greater than
the benefits from the original transit system improvements projects
being replaced.
(137) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on June 1, 2009 and
November 30, 2009.
(i) Incorporation by reference.
(A) Regulation 310 CMR 60.02 entitled ``Massachusetts Motor Vehicle
Emissions Inspection and Maintenance Program,'' effective in the
Commonwealth of Massachusetts on September 5, 2008, with the exception
of subsection 310 CMR 60.02(24)(f).
(B) Regulation 540 CMR 4.00 entitled ``Annual Safety and Combined
Safety

[[Page 89]]

and Emissions Inspection of All Motor Vehicles, Trailers, Semi-trailers
and Converter Dollies,'' effective in the Commonwealth of Massachusetts
on September 5, 2008.
(ii) Additional materials.
(A) Letter from the Massachusetts Department of Environmental
Protection, dated June 1, 2009, submitting a revision to the
Massachusetts State Implementation Plan.
(B) Letter from the Massachusetts Department of Environmental
Protection, dated November 30, 2009, amending the June 1, 2009 State
Implementation Plan submittal.
(C) Massachusetts June 1, 2009 SIP Revision Table of Contents Item
7, ``Documentation of IM SIP Revision consistent with 42 USC Section
7511a and Section 182(c)(3)(A) of the Clean Air Act.''
(138) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on June 1, 2010.
(i) Incorporation by reference.
(A) Massachusetts Regulation 310 CMR 7.18(8), ``U Solvent Metal
Degreasing,'' effective on March 6, 2009.
(B) Massachusetts Regulation 310 CMR 7.24(6), ``U Dispensing of
Motor Vehicle Fuel,'' effective on March 1, 2009.
(C) The definitions of the following terms contained in
Massachusetts Regulation 310 CMR 7.00, ``Statutory Authority; Legend;
Preamble; Definitions,'' effective on March 1, 2009: isolate; minor
modification; routine maintenance; solvent metal degreasing; special and
extreme solvent metal cleaning; substantial modification.
(139) Revisions to the State Implementation Plan regarding Regional
Haze submitted by the Massachusetts Department of Environmental
Protection on December 30, 2011, August 9, 2012, and August 28, 2012.
(i) Incorporation by reference.
(A) Massachusetts Regulation 310 CMR 7.00, ``Definitions,'' amended
definition of SULFUR IN FUEL, effective August 3, 2012.
(B) Massachusetts Regulation 310 CMR 7.05, ``U Fuels All
Districts,'' effective August 3, 2012, with the following exceptions
which are not applicable to the Massachusetts Alternative to BART:
(1) 310 CMR 7.05(1)(a)(3);
(2) 310 CMR 7.05(2) through (4); and
(3) 310 CMR 7.05(7) through (9).
(C) Massachusetts Regulation 310 CMR 7.29, ``Emissions Standards for
Power Plants,'' effective on January 25, 2008 (which includes previous
sections effective on June 29, 2007), with the following exceptions
which are not applicable to the Massachusetts Alternative to BART:
(1) In 310 CMR 7.29(1), the reference to mercury (Hg), carbon
monoxide (CO), carbon dioxide (CO2), and fine particulate
matter (PM2.5) in the first sentence and the phrase ``. . .
and CO2 and establishing a cap on CO2 and Hg
emissions from affected facilities. CO2 emissions standards
set forth in 310 CMR 7.29(5)(a)5.a. and b. shall not apply to emissions
that occur after December 31, 2008'' in the second sentence;
(2) In 310 CMR 7.29(2), the definitions of Alternate Hg Designated
Representative, Automated Acquisition and Handling System or DAHS,
Mercury (Hg) Designated Representative, Mercury Continuous Emission
Monitoring System or Mercury CEMS, Mercury Monitoring System, Sorbent
Trap Monitoring System, and Total Mercury;
(3) 310 CMR 7.29(5)(a)(3) through (5)(a)(6);
(4) In 310 CMR 7.29(5)(b)(1), reference to compliance with the
mercury emissions standard in the second sentence;
(5) 310 CMR 7.29(6)(a)(3) through (6)(a)(4);
(6) 310 CMR 7.29(6)(b)(10);
(7) 310 CMR 7.29(6)(h)(2);
(8) The third and fourth sentences in 310 CMR 7.29(7)(a);
(9) In 310 CMR 7.29(7)(b)(1), the reference to CO2 and
mercury;
(10) In 310 CMR 7.29(7)(b)(1)(a), the reference to CO2
and mercury;
(11) 310 CMR 7.29(7)(b)(1)(b) through 7.29(7)(b)(1)(d);
(12) In 310 CMR 7.29(7)(b)(3), the reference to CO2 and
mercury;
(13) In 310 CMR 7.29(7)(b)(4)(b), the reference to CO2
and mercury; and
(14) 310 CMR 7.29(7)(e) through 7.29(7)(i).
(D) Massachusetts Regulation 310 CMR 7.26, ``Industry Performance
Standards, Outdoor Hydronic Heaters''

[[Page 90]]

paragraphs (50) through (54) and related footnotes effective December
26, 2008.
(1) 310 CMR 7.26(50) Outdoor Hydronic Heaters--Applicability;
(2) 310 CMR 7.26(51) Definitions;
(3) 310 CMR 7.26(52) Requirements for Operators;
(4) 310 CMR 7.26(53) Requirements for Sellers; and
(5) 310 CMR 7.26(54) Requirements for Manufacturers.
(E) The sulfur dioxide (SO2), oxides of nitrogen
(NOX), and PM2.5 provisions of the Massachusetts
Department of Environmental Protection Emission Control Plan ``Saugus--
Metropolitan, Boston/Northeast Region, 310 CMR 7.08(2)--Municipal Waste
Combustors, Application No. MBR-98-ECP-006, Transmittal No. W003302,
Emission Control Plan Modified Final Approval'' dated March 14, 2012 to
Mr. Jairaj Gosine, Wheelabrator Saugus, Inc. and signed by Cosmo Buttaro
and James E. Belsky, with the following exceptions which are not
applicable to the Massachusetts Alternative to BART.
(1) In Table 2, the EU1 and EU2 Unit Load Restriction/Operating
Practices;
(2) In Table 2, the EU1 and EU2 Emission Limit/Standard for Opacity,
HCl, Dioxin/Furon, Cd, Pb, CO, Hg, NH3, and associated footnotes;
(3) In Table 2, EU3 Fugitive Ash requirement and associated
footnote.
(4) In Table 2, Footnote 1 which is a State Only Requirement.
(F) The Massachusetts Department of Environmental Protection
Emission Control Plan ``Lynn--Metropolitan, Boston/Northeast Region, 310
CMR 7.19, Application No. MBR-94-COM-008, Transmittal No. X235617,
Modified Emission Control Plan Final Approval'' dated March 24, 2011 to
Ms. Jolanta Wojas, General Electric Aviation and signed by Marc
Altobelli and James E. Belsky. Note, this document contains two section
V; V. RECORD KEEPING AND REPORTING REQUIREMENTS and V. GENERAL
REQUIREMENTS/PROVISIONS.
(G) The Massachusetts Department of Environmental Protection
Emission Control Plan, ``Holyoke Western Region 310 CMR 7.29 Power Plant
Emission Standards, Application No. 1-E-01-072, Transmittal No. W025214,
Amended Emission Control Plan'' dated May 15, 2009 to Mr. John S. Murry,
Mt. Tom Generating Company, LLC and signed by Marc Simpson, with the
following exceptions which are not applicable to the Massachusetts
Alternative to BART:
(1) In Table 2, the EU 1 Emission Limit/Standard for Hg, CO,
CO2, and PM2.5 and related footnotes;
(2) In Table 3, the EU1 Monitoring/Testing Requirements for
CO2, CO, PM2.5, and Hg;
(3) In Table 4, the EU 1 Record Keeping Requirements for
CO2, CO, PM2.5, and Hg;
(4) In Table 5, the EU1 Reporting Requirements for Hg;
(5) In Table 5, the Facility Reporting requirements
(6) In Table 6, the Compliance Paths for Hg and CO2 and
related footnote;
(7) In Section 4, Special Conditions for ECP, Item 4, applicable to
CO2;
(8) Section 6, Modification to the ECP;
(9) Section 7, Massachusetts Environmental Policy Act; and
(10) Section 8, Appeal of Approval.
(H) The Massachusetts Department of Environmental Protection
Emission Control Plan ``Salem--Metropolitan Boston/Northeast Region, 310
CMR 7.29 Power Plant Emission Standards, Application No. NE-12-003,
Transmittal No. X241756, Final Amended Emission Control Plan Approval''
dated March 27, 2012 to Mr. Lamont W. Beaudette, Dominion Energy Salem
Harbor, LLC and signed by Edward J. Braczyk, Cosmo Buttaro, and James E.
Belsky with the following exceptions which are not applicable to the
Massachusetts Alternative to BART:
(1) In Table 2, the EU 1, EU 2, and EU 3 Emission Limit/Standard for
Hg and related footnotes;
(2) In Table 2, the EU 1, EU 2, EU 3, and EU 4 Emission Limit/
Standard for CO, CO2, PM2.5 and related footnotes;
(3) In Table 3, the EU 1, EU 2, EU 3, and EU 4 Monitoring/Testing
Requirements for CO2, CO, and PM2.5;
(4) In Table 3, the EU 1, EU 2, and EU 3 Monitoring/Testing
Requirements for Hg;
(5) In Table 4, the EU 1, EU 2, EU 3, and EU 4 Record Keeping
Requirements for CO2, CO, and PM2.5;

[[Page 91]]

(6) In Table 4, the EU 1, EU 2, and EU 3 Record Keeping Requirements
for Hg;
(7) In Table 5, the EU 1, EU 2, EU 3, and EU 4 Reporting
Requirements for CO2;
(8) In Table 5, the EU 1, EU 2, and EU 3 Reporting Requirements for
Hg;
(9) In Section 3, Compliance Schedule, the 3rd paragraph text which
reads ``In order to meet the regulatory Hg limits which are effective on
October 1, 2012, the facility owner/operator has proposed using a
combination strategy involving fuel mix optimization (for SO2
compliance but this action will benefit Hg compliance as well) and
installation of a Calcium Bromide injection system. In order to meet the
310 CMR 7.29 CO2 emission targets, the Dominion Energy Salem
Harbor, LLC facility owner/operator procured offset credits from both
its Dominion Energy Brayton Point facility and third party contacts and
paid into the Greenhouse Gas Expendable Trust;''
(10) Section 6, Modification to the ECP;
(11) Section 7, Massachusetts Environmental Policy Act; and
(12) Section 8, Appeal of Approval.
(I) Massachusetts Department of Environmental Protection Emission
Control Plan ``Amended Emission Control Plan Final Approval Application
for: BWP AQ 25, 310 CMR 7.29 Power Plant Emission Standards, Transmittal
Number X241755, Application Number SE-12-003, Source Number: 1200061''
dated April 12, 2012 to Peter Balkus, Dominion Energy Brayton Point, LLC
and signed by John K. Winkler, with the following exceptions which are
not applicable to the Massachusetts Alternative to BART:
(1) In Table 2, the EU 1, EU 2, and EU 3 Emission Limit/Standard for
Hg;
(2) In Table 2, the EU 1, EU 2, EU 3, EU 4 Emission Limit/Standard
for CO, CO2, PM2.5 and related footnotes;
(3) In Table 3, the EU 1, EU 2, EU 3, and EU 4 Monitoring/Testing
Requirements for CO2, Hg, CO, and PM2.5;
(4) In Table 3, the EU 1, EU 2, and EU 3 Monitoring/Testing
Requirements for Hg;
(5) In Table 4, the EU 1, EU 2, EU 3, and EU 4 Record Keeping
Requirements for CO2, Hg, CO, and PM2.5;
(6) In Table 4, the EU 1, EU 2, and EU 3 Record Keeping Requirements
for Hg;
(7) In Table 5, the EU 1, EU 2, and EU 3 Reporting Requirements for
Hg and CEMS monitoring and certification;
(8) In Table 5, the Facility Reporting Requirements;
(9) In Table 6, the Compliance Path for CO2, and Hg;
(10) In Section 4, Special Conditions for ECP, the CO2
requirement in Item 2;
(11) Section 6, Modification to the ECP;
(12) Section 7, Massachusetts Environmental Policy Act; and
(13) Section 8, Appeal of Approval.
(J) Massachusetts Department of Environmental Protection letter
``Facility Shutdown, FMF Facility No. 316744'' dated June 22, 2011 to
Jeff Araujo, Somerset Power LLC and signed by John K. Winkler.
(ii) Additional materials.
(A) ``Massachusetts Regional Haze State Implementation Plan'' dated
August 9, 2012.
(140) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on Protection on
August 9, 2001, September 14, 2006, and February 18, 2008.
(i) Incorporation by reference.
(A) Provision 310 CMR 7.12(1)(a)1 of 310 CMR 7.12, ``U Source
Registration'' effective on August 3, 2001.
(B) Provisions 310 CMR 7.12(2)(c), 7.12(3), and 7.12(4) of 310 CMR
7.12, ``U Source Registration'' effective on September 23, 2005.
(C) Provision 310 CMR 7.00, Table entitled, ``Massachusetts Cities &
Towns with Corresponding DEP Regional Offices and Air Pollution
Districts'' effective on December 28, 2007.
(D) Provisions 310 CMR 7.04(2) and 7.04(4)(a) of 310 CMR 7.04, ``U
Fossil Fuel Utilization Facilities'' effective on December 28, 2007.
(E) Provisions 310 CMR 7.12(1)(a)2 through 9, (1)(b), (1)(c), (2)(a)
and (b) of 310 CMR 7.12, ``U Source Registration'' effective on December
28, 2007.
(F) Provisions 310 CMR 7.26(30) through (37) of 310 CMR 7.26
``Industry Performance Standards'' effective on December 28, 2007.
(ii) Additional materials.

[[Page 92]]

(A) A letter from the Massachusetts Department of Environmental
Protection dated August 9, 2001 submitting a revision to the State
Implementation Plan.
(B) A letter from the Massachusetts Department of Environmental
Protection dated September 14, 2006 submitting a revision to the State
Implementation Plan.
(C) A letter from the Massachusetts Department of Environmental
Protection dated February 13, 2008 submitting a revision to the State
Implementation Plan.
(D) A letter from the Massachusetts Department of Environmental
Protection dated January 18, 2013 withdrawing certain outdated and
obsolete regulation submittals and replacing them with currently
effective versions of the regulation for approval and inclusion into the
SIP.
(141) Revisions to the State Implementation Plan submitted to EPA by
the Massachusetts Department of Environmental Protection.
(i) Incorporation by reference.
(A) Massachusetts Regulation 310 CMR 7.00, ``Statutory Authority;
Legend; Preamble; Definitions,'' effective on August 3, 2001, the
definition for compliance certification.
(B) Massachusetts Regulation 310 CMR 7.00, ``Statutory Authority;
Legend; Preamble; Definitions,'' effective on September 23, 2005, the
definitions for adhesion promoter, Administrator, anti-glare safety
coating, aqueous cleaner, automotive refinishing facility, bakery,
capture efficiency, CEMS, CFR, combined cycle combustion turbine, dry
bottom, duct burner, elastomeric coating, emergency or standby engine,
emission statement, energy input capacity, EPA, existing facility, face
firing, facility, federally enforceable, federal potential to emit or
federal potential emissions, ferrous cupola foundry, four-stage coating
system, fuel cell, fugitive emissions, glass, glass melting furnace,
halogenated organic compound, hardener, hazardous air pollutant (HAP),
heat release rate, impact-resistant coating, lean burn engine, lowest
achievable emission rate (LAER), malfunction, maximum achievable control
technology, maximum design capacity, mobile equipment, MW, natural draft
opening, nonattainment area, nonattainment review, non-criteria
pollutant, potential emissions or potential to emit, pretreatment wash
primer, primer sealer, primer surfacer, reducer, simple cycle combustion
turbine, single-stage topcoat, soap, specialty coating, stationary
combustion turbine, stationary reciprocating internal combustion engine,
stencil coating, stoker, surface preparation product, tangential firing,
three-stage coating system, touch-up coating, two-stage topcoat,
underbody coating, uniform finish blender.
(C) Massachusetts Regulation 310 CMR 7.00, ``Statutory Authority;
Legend; Preamble; Definitions,'' effective on June 2, 2006, the
definitions for water hold-out coating, weld-through primer, VOC
composite partial pressure.
(D) Massachusetts Regulation 310 CMR 7.05, ``U Fuels All
Districts,'' paragraph (2), ``U Use of Residual Fuel Oil or Hazardous
Waste Fuel,'' effective on September 23, 2005.
(E) Massachusetts Regulation 310 CMR 7.18, ``U Volatile and
Halogenated Organic Compounds,'' effective on September 23, 2005,
paragraph (1), ``U Applicability and Handling Requirements,''
subparagraphs (a) and (c) through (f); paragraph (2), ``U Compliance
with Emission Limitations'' (as corrected in Massachusetts Register
1037, October 21, 2005); paragraph (3), U Metal Furniture Coating,
subparagraph (a); paragraph (4), U Metal Can Surface Coating,
subparagraph (a); paragraph (11), ``U Surface Coating of Miscellaneous
Metal Parts and Products,'' subparagraphs (a) through (d)(4.); paragraph
(19), ``Synthetic Organic Chemical Manufacture,'' subparagraphs (h) and
(i); paragraph (20), ``Emission Control Plans for Implementation of
Reasonably Available Control Technology;'' paragraph (21), ``Surface
Coating of Plastic Parts,'' subparagraphs (a) through (d) and (f)
through (i); paragraph (22), ``Leather Surface Coating,'' subparagraphs
(a) through (c); paragraph (23), ``Wood Products Surface Coating,''
subparagraphs (b) through (i); paragraph (24), ``Flat Wood Paneling
Surface Coating,'' subparagraphs (a) through (c) and subparagraphs (h)

[[Page 93]]

and (i); paragraph (25), ``Offset Lithographic Printing,'' subparagraphs
(a) through (c); paragraph (26), ``Textile Finishing,'' subparagraphs
(c) through (i); paragraph (27), ``Coating Mixing Tanks;'' paragraph
(28), ``Automotive Refinishing,'' and paragraph (29), ``Bakeries,''
subparagraph (c) 2.
(F) Massachusetts Regulation 310 CMR 7.19, ``U Reasonably Available
Control Technology (RACT) for Sources of Oxides of Nitrogen
(NOX),'' effective on August 3, 2001; paragraph (1),
``Applicability,'' subparagraph (c) 9. (as corrected in Massachusetts
Register 938, January 4, 2002); paragraph (4), ``Large Boilers,''
subparagraphs (b)3.d. (as corrected in Massachusetts Register 938,
January 4, 2002), (c) 2., and (f); paragraph (5), ``Medium-size
Boilers,'' subparagraph (d).
(G) Massachusetts Regulation 310 CMR 7.19, ``U Reasonably Available
Control Technology (RACT) for Sources of Oxides of Nitrogen
(NOX),'' paragraph (13), ``Testing, Monitoring,
Recordkeeping, and Reporting Requirements,'' subparagraphs (a),
``Applicability,'' and (c), ``Stack Testing'', effective September 23,
2005.
(H) Massachusetts Regulation 310 CMR 7.24, ``U Organic Material
Storage and Distribution,'' subparagraph (1), ``Organic Material Storage
Tanks,'' effective September 23, 2005.
(I) Massachusetts Regulation 310 CMR 7.24, ``U Organic Material
Storage and Distribution,'' subparagraph (4), ``Motor Vehicle Fuel Tank
Trucks,'' effective June 2, 2006.

[37 FR 10871, May 31, 1972]

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

Sec. 52.1121 Classification of regions.

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

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

Sec. 52.1122 [Reserved]

Sec. 52.1123 Approval status.

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

[[Page 94]]

category controls if the controls are appropriate for the State.

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

Sec. 52.1124 Review of new sources and modifications.

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

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

Sec. 52.1125 Emission inventories.

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

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

Sec. 52.1126 Control strategy: Sulfur oxides.

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

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

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

[[Page 95]]

0.55 pounds per million Btu heat release potential (approximately
equivalent to 1 percent sulfur content.)

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

Pioneer Valley APCD

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

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

Strathmore Paper Co., Montague.

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

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

Central Massachusetts APCD

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

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

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

Southeastern Massachusetts APCD

L&O Realty Trust, Taunton.
New Bedford Gas and Electric, New Bedford.
Texas Instruments, Attleboro.
Arkwright Finishing Incorporated, Fall River.
Foster Forbes Glass Company, Milford.
Owens Illinois Inc., Mansfield.

[[Page 96]]

Harodite Finishing Corporation, Dighton--(conditioned upon prior removal
of rain-caps from stack, and certification of completion to the EPA by
the Massachusetts Department of Environmental Quality Engineering.)
Polaroid Corporation, New Bedford.

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

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

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

Metropolitan Boston APCD

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

[38 FR 9089, Apr. 10, 1973]

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

Sec. 52.1127 Attainment dates for national standards.

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

------------------------------------------------------------------------
Pollutant
------------------------------------------
Air quality control region SO 2
---------------------- PM NO CO O 3
Primary Secondary 10 2
------------------------------------------------------------------------
AQCR 42: Hartford-New Haven- (a) (b) (a) (a) (a) (c)
Springfield Interstate Area
(See 40 CFR 81.26).
AQCR 117: Berkshire Intrastat (a) (b) (a) (a) (a) (c)
Area (See 40 CFR 81.141).
AQCR 118: Central Mass (a) (b) (a) (a) (a) (d)
Intrastate Area (See 4r0 CFR
81.142).

[[Page 97]]

AQCR 119: Metropolitan Boston (a) (b) (a) (a) (a) (d)
Intrastate Area (See 40 CFR
81.19).
AQCR 120: Metropolitan (a) (b) (a) (a) (a) (d)
Providence Interstate Area
(See 40 CFR 81.31).
AQCR 121: Merrimack Valley- (a) (b) (a) (a) (a) (d)
Southern NH Interstate Area
(See 40 CFR 81.81).
------------------------------------------------------------------------
a. Air quality presently below primary standards or area is
unclassifiable.
b. Air quality levels presently secondary standatrds or area is
unclassifiable.
c. December 31, 2003.
d. November 15, 2007.

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

Sec. 52.1128 Transportation and land use controls.

(a) For purposes of this subpart, the definitions herein are
applicable.

(b) Definitions:

(1) Register as applied to a motor vehicle, means the licensing of
such motor vehicle for general operation on public roads or highways by
the appropriate agency of the Federal Government or by the Commonwealth.

(2) Boston Intrastate Region means the Metropolitan Boston
Intrastate Air Quality Control Region, as defined in Sec. 81.19 of this
part.

(3) [Reserved]

(4) Freeze area means that portion of the Boston Intrastate Region
enclosed within the following boundaries:

The City of Cambridge; that portion of the City of Boston from the
Charles River and the Boston Inner Harbor on north and northeast of pier
4 on Northern Avenue; by the east side of pier 4 to B Street, B Street
extension of B Street to B Street, B Street, Dorchester Avenue, and the
Preble Street to Old Colony Avenue, then east to the water, then by the
water's edge around Columbia Point on various courses generally
easterly, southerly, and westerly to the center of the bridge on
Morrissey Boulevard, on the east and southeast; then due west to
Freeport Street, Freeport Street, Dorchester Avenue, Southeast
Expressway, Southampton Street, Reading Street, Island Street, Chadwick
Street, Carlow Street, Albany Street, Hunneman Street, Madison Street,
Windsor Street, Cabot Street, Ruggles Street, Parker Street, Ward
Street, Huntington Avenue, Brookline-Boston municipal boundary,
Mountford Street to the Boston University Bridge on the southwest and
west; and the Logan International Airport. Where a street or roadway
forms a boundary the entire right-of-way of the street is within the
freeze area as defined.

(5) Boston proper means that portion of the City of Boston,
Massachusetts, contained within the following boundaries: The Charles
River and Boston Inner Harbor on the northwest, north, and northeast,
the Inner Harbor, Fort Point Channel, Fitzgerald Expressway, and the
Massachusetts Avenue Expressway access branch on the east and southeast,
and Massachusetts Avenue on the west. Where a street or roadway forms a
boundary, the entire right-of-way of the street is within the Boston
proper area as here defined.

(6) Regional Administrator means the Administrator of Region I of
the U.S. Environmental Protection Agency.

(7) Governor means the Governor of the Commonwealth or the head of
such executive office of the Commonwealth as the Governor shall
designate as responsible for carrying out specific provisions of this
subpart.

(8) Commonwealth means the Commonwealth of Massachusetts.

[40 FR 25161, June 12, 1975]

Sec. 52.1129 Control strategy: Ozone.

(a) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on April 1, 1999,
and supplemented on June 25, 1999 and September 9, 1999. The revisions
are for the purpose of satisfying the rate of progress requirements of
sections 182(b)(1) and 182(c)(2)(B) of the Clean Air Act for the
Springfield, Massachusetts serious ozone nonattainment area.

[[Page 98]]

(b) Approval--Revisions to the State Implementation Plan submitted
by the Massachusetts Department of Environmental Protection on July 27,
1998, October 1, 1998 and August 13, 1999. The revisions are for the
purpose of satisfying the attainment demonstration requirements of
section 182(c)(2)(A) of the Clean Air Act, for the Springfield (Western
Massachusetts) serious ozone nonattainment area. The revision
establishes an attainment date of December 31, 2003 for the Springfield,
Massachusetts serious ozone nonattainment area. This revision
establishes motor vehicle emissions budgets for 2003 of 23.77 tons per
day of volatile organic compounds (VOC) and 49.11 tons per day of
nitrogen oxides ( NOX) to be used in transportation
conformity in the Springfield, Massachusetts serious ozone nonattainment
area.
(c) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on April 10, 2002
and amended on July 26, 2002. The revisions are for the purpose of
satisfying the rate of progress requirements of sections 182(b)(1) and
182(c)(2)(B) of the Clean Air Act for the Massachusetts portion of the
Boston-Lawrence-Worcester serious ozone nonattainment area.
(d) Approval--Revisions to the State Implementation Plan submitted
by the Massachusetts Department of Environmental protection on July 27,
1998, and September 6, 2002. The revisions are for the purpose of
satisfying the one-hour ozone attainment demonstration requirements of
section 182(c)92)(A) pof the Clean Air Act, for the Boston-Lawrence-
Worcester, MA-NH serious ozone nonattiainment area. The revision
establishes a one-hour attainment date of November 15, 2007l, for the
Boston-Lawrence-Worcester, MA-NH serious ozone nonattainment area. This
revision establishes motor vehicle emissions budgets for 2007 of 86.7
tons per day of volatile organic compounds and 226.363 tons per day of
nitrogen oxides to be used in transportation conformity in the
Massachusets portion of the Boston-Lawrence-Worcester, MA-NH serious
ozone nonattainment area.
(e) Determination of Attainment for the One-Hour Ozone Standard.
Effective May 30, 2012, EPA is determining that the Springfield (Western
Massachusetts) one-hour ozone nonattainment area did not meet its
applicable one-hour ozone attainment date of December 31, 2003, based on
2001-2003 complete, quality-assured ozone monitoring data. Separate from
and independent of this determination, EPA is determining that the
Springfield (Western Massachusetts) one-hour ozone nonattainment area
met the one-hour ozone standard, based on 2007-2009 complete, quality-
assured ozone monitoring data at all monitoring sites in the area. EPA's
review of the ozone data shows that the area began attaining the one-
hour ozone standard during the 2007-2009 monitoring period, and has
continued attaining the one-hour standard through the 2008-2010 and
2009-2011 monitoring periods.
(f) Determination of Attainment for the One-Hour Ozone Standard.
Effective June 28, 2012, EPA is determining that the Boston-Lawrence-
Worcester, MA-NH one-hour ozone nonattainment area met the one-hour
ozone standard, by the area's applicable attainment date of November 15,
2007, based on 2005-2007 complete, certified, quality-assured ozone
monitoring data at all monitoring sites in the area.
(g) Determination of Attainment. (1) Determination of Attainment by
Attainment Date; and
(2) Determination of Attainment. Effective June 28, 2012.
(i) Determination of Attainment by the Area's Attainment Date. EPA
is determining that the Boston-Lawrence-Worcester, MA eight-hour ozone
nonattainment area met the applicable June 15, 2010 attainment deadline
for the 1997 eight-hour ozone standard.
(ii) EPA is determining that the Boston-Lawrence-Worcester, MA
eight-hour ozone nonattainment area has attained the 1997 eight-hour
ozone standard. Under the provisions of EPA's ozone implementation rule
(see 40 CFR 51.918), this determination suspends the reasonable further
progress and attainment demonstration requirements of section 182(b)(1)
and related requirements of section 172(c)(9) of the Clean Air Act for
as long as the area continues to attain the 1997 eight-hour ozone
standard. If EPA determines, after notice-and comment rulemaking,

[[Page 99]]

that the Boston-Lawrence-Worcester, MA area no longer meets the 1997
ozone NAAQS, this determination shall be withdrawn.
(h) Determinations of Attainment: Effective July 19, 2012.
(1) Determination of Attainment. EPA is determining that the
Springfield (Western Massachusetts) 8-hour ozone nonattainment area has
attained the 1997 8-hour ozone standard. Under the provisions of EPA's
ozone implementation rule (see 40 CFR 51.918), this determination
suspends the reasonable further progress and attainment demonstration
requirements of section 182(b)(1) and related requirements of section
172(c)(9) of the Clean Air Act for as long as the area continues to
attain the 1997 8-hour ozone standard. If EPA determines, after notice-
and comment rulemaking, that the Western Massachusetts area no longer
meets the 1997 ozone NAAQS, this determination shall be withdrawn.
(2) Determination of Attainment by the Area's Attainment Date. EPA
has determined that the Springfield (Western Massachusetts) 8-hour ozone
nonattainment area met the applicable June 15, 2010 attainment deadline
for the 1997 8-hour ozone standard.
(i) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on January 31,
2008. These revisions are for the purpose of satisfying the rate of
progress requirement of section 182(b)(1) from 2002 through 2008, and
the contingency measure requirement of sections 172(c)(9) and of the
Clean Air Act, for the Boston-Lawrence-Worcester (E. MA) moderate 8-hour
ozone nonattainment area, and the Springfield (W. MA) moderate 8-hour
ozone nonattainment area. These revisions establish motor vehicle
emission budgets for 2008 of 68.30 tons per day of volatile organic
compounds (VOCs) and 191.30 tons per day of nitrogen oxides
(NOX) to be used in transportation conformity in the Boston-
Lawrence-Worcester (E. MA) moderate 8-hour ozone nonattainment area.
These revisions also establish motor vehicle emission budgets for 2008
for the Springfield (W. MA) moderate 8-hour ozone nonattainment area of
11.80 tons per day for VOCs, and 31.30 tons per day for NOX.
(j) Approval--Reasonably Available Control Technology Demonstration
for the 1997 8-hour ozone standard submitted by the Massachusetts
Department of Environmental Protection on January 31, 2008. The revision
consists of the state's certification that with regard to the 1997 8-
hour ozone standard, Reasonably Available Control Technology controls
have been implemented for all sources in the state covered by EPA's
Control Techniques Guidelines (CTG) and for all major sources of
volatile organic compound and nitrogen oxide emissions. The submittal
also includes negative declaration for several CTG categories.

[65 FR 68898, Nov. 15, 2000, as amended at 66 FR 693, Jan. 3, 2001; 67
FR 55125, Aug. 28, 2002; 67 FR 72579, Dec. 6, 2002; 77 FR 25363, Apr.
30, 2012; 77 FR 31498, May 29, 2012; 77 FR 36405, June 19, 2012; 77 FR
50601, Aug. 22, 2012; 78 FR 54961, Sept. 9, 2013]

Sec. 52.1130 [Reserved]

Sec. 52.1131 Control strategy: Particulate matter.

(a) Revisions to the following regulations submitted on March 30,
1979 are disapproved:
(1) Regulation 310 CMR 7.02(8), Table 2, new facilities greater than
250 million Btu/hr input burning solid fuel.
(2) Regulation 310 CMR 7.02(9), Table 5.
(b) Approval--Submittal from the Massachusetts Department of
Environmental Protection, dated April 4, 2008 to address the Clean Air
Act (CAA) infrastructure requirements for the 1997 PM2.5
NAAQS. This submittal satisfies requirements of CAA sections
110(a)(2)(B), (C) (enforcement program only), (E)(i), (E)(iii), (F),
(G), (H), (J) (consultation and public notification only), (K), (L), and
(M).
(c) Conditional Approval--Submittal from the Massachusetts
Department of Environmental Protection, dated April 4, 2008, to address
the Clean Air Act (CAA) infrastructure requirements for the 1997
PM2.5 NAAQS is conditionally approved for CAA elements
110(a)(2)(A) and (E)(ii). This conditional approval is contingent upon
Massachusetts taking actions to meet requirements of these

[[Page 100]]

elements within one year of conditional approval, as committed to in a
letter from the state to EPA Region 1 dated July 12, 2012.
(d) Disapproval--Submittal from the Massachusetts Department of
Environmental Protection, dated April 4, 2008, to address the Clean Air
Act (CAA) infrastructure requirements for the 1997 PM2.5
NAAQS. This submittal does not satisfy requirements of CAA sections
110(a)(2)(C) (PSD program only), (D)(i)(II) (PSD program only), (D)(ii),
and (J) (PSD program only).
(e) Approval--Submittal from the Massachusetts Department of
Environmental Protection, dated September 21, 2009, with supplements
submitted on January 13, 2011, and August 19, 2011, to address the Clean
Air Act (CAA) infrastructure requirements for the 2006 PM2.5
NAAQS. This submittal satisfies requirements of CAA sections
110(a)(2)(B), (C) (enforcement program only), (E)(i), (E)(iii), (F),
(G), (H), (J) (consultation and public notification only), (K), (L), and
(M).
(f) Conditional Approval--Submittal from the Massachusetts
Department of Environmental Protection, dated September 21, 2009, with
supplements submitted on January 13, 2011, and August 19, 2011, to
address the Clean Air Act (CAA) infrastructure requirements for the 2006
PM2.5 NAAQS is conditionally approved for CAA elements
110(a)(2)(A) and (E)(ii). This conditional approval is contingent upon
Massachusetts taking actions to meet requirements of these elements
within one year of conditional approval, as committed to in a letter
from the state to EPA Region 1 dated July 12, 2012.
(g) Disapproval--Submittal from the Massachusetts Department of
Environmental Protection, dated September 21, 2009, with supplements
submitted on January 13, 2011, and August 19, 2011, to address the Clean
Air Act (CAA) infrastructure requirements for the 2006 PM2.5
NAAQS. This submittal does not satisfy requirements of CAA sections
110(a)(2)(C) (PSD program only), (D)(i)(II) (PSD program only), (D)(ii),
and (J) (PSD program only).

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

Sec. 52.1132 Control strategy: Carbon Monoxide.

(a) Approval--On November 13, 1992, the Massachusetts Department of
Environmental Protection submitted a revision to the carbon monoxide
State Implementation Plan for the 1990 base year emission inventory. The
inventory was submitted by the State of Massachusetts to satisfy Federal
requirements under section 182(a)(1) of the Clean Air Act as amended in
1990, as a revision to the carbon monoxide State Implementation Plan.
(b) Approval--On December 12, 1994, the Massachusetts Department of
Environmental Protection submitted a request to redesignate the Boston
Area carbon monoxide nonattainment area to attainment for carbon
monoxide. As part of the redesignation request, the State submitted a
maintenance plan as required by 175A of the Clean Air Act, as amended in
1990. Elements of the section 175A maintenance plan include a base year
(1993 attainment year) emission inventory for carbon monoxide, a
demonstration of maintenance of the carbon monoxide NAAQS with projected
emission inventories to the year 2010 for carbon monoxide, a plan to
verify continued attainment, a contingency plan, and an obligation to
submit a subsequent maintenance plan revision in 8 years as required by
the Clean Air Act. If the area records a violation of the carbon
monoxide NAAQS (which must be confirmed by the State), Massachusetts
will implement one or more appropriate contingency measure(s) which are
contained in the contingency plan. The menu of contingency measures
includes an enhanced motor vehicle inspection and maintenance program
and implementation of the oxygenated fuels program. The redesignation
request and maintenance plan meet the redesignation requirements in
sections 107(d)(3)(E) and 175A of the Act as amended in 1990,
respectively. The redesignation meets the Federal requirements of
section 182(a)(1) of the Clean Air Act as a revision to the
Massachusetts Carbon Monoxide State Implementation Plan for the above
mentioned area.
(c) Approval--On May 25, 2001, the Massachusetts Department of
Environmental Protection submitted a revision

[[Page 101]]

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

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

Sec. 52.1133 [Reserved]

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

(a) On-street parking means parking a motor vehicle on any street,
highway, or roadway, except for legal stops within designated loading
zones or areas defined for loading purposes, at or before intersections,
as caution, safety and emergencies require, whether or not a person
remains in the vehicle.
(b) Commencing on or before June 30, 1974, the Commonwealth, the
City of Boston, the City of Cambridge, and administrative bodies of any
of them having jurisdiction over any streets, highways, or roadways
within the City of Cambridge or Boston proper, and the principal
officials and administrative bodies thereof having responsibility over
parking on such streets, highways, or roadways, shall adopt all
necessary administrative and enforcement procedures and regulations to
effect a prohibition of on-street parking within Boston proper between
the hours of 7 a.m. and 9:30 a.m., and within the City of Cambridge
between the hours of 7 a.m. and 10 a.m., except Saturdays, Sundays and
legal holidays. The regulations shall state that violation of the
prohibition shall be punishable by a fine of not less than $15. The City
of Boston shall at a minimum eliminate 50 percent of on-street parking
during the hours specified by January 1, 1976; 66\2/3\ percent by
September 1, 1976; and

[[Page 102]]

100 percent by March 1, 1977. The City of Cambridge shall at a minimum
eliminate 33\1/3\ percent of on-street parking during the hours
specified by September 30, 1974; 66\2/3\ percent by July 1, 1975; and
100 percent by March 1, 1977. Any other affected entity shall at a
minimum eliminate 33\1/3\ percent of such parking during the hours of 7
a.m. to 10 a.m. by January 1, 1976; 66\2/3\ percent by September 1,
1976, and 100 percent by March 1, 1977.
(c) The following classes of vehicles shall be exempt from the
requirements of this section, provided that on-street parking by such
vehicles is in compliance with local and state regulations:
(1) Vehicles owned by residents of that portion of Boston included
within Boston proper that are registered in Boston and display a
resident parking sticker for that area issued by the City of Boston;
(2) Vehicles owned by residents of Cambridge that are registered in
and parked within Cambridge and display an appropriate parking sticker
issued by the City of Cambridge;
(3) Vehicles owned and operated by handicapped persons with HP
license plates; and
(4) Vehicles registered as ``commercial vehicles'' by the
Commonwealth and displaying appropriate license plates.
(d) On or before June 30, 1974, no owner or operator of a motor
vehicle shall park, or permit the on-street parking of, said vehicle
within Cambridge or Boston proper except in conformity with the
provisions of this section and the measures implementing it.
(e) The Governor and the chief executive of any other governmental
entity on which obligations are imposed by paragraph (b) of this section
should, on or before April 15, 1974, submit to the Regional
Administrator for his approval a detailed statement of the legal and
administrative steps selected to effect the prohibition provided for in
paragraphs (b) and (d) of this section, and a schedule of implementation
consistent with the requirements of this section. Such schedule shall
include as a minimum the following:
(1) Designation of one or more agencies responsible for the
administration and enforcement of the program;
(2) The procedures by which the designated agency will enforce the
prohibition provided for in paragraphs (b) and (d) of this section;
(3) The procedures by which vehicles exempt from the requirements of
this section will be marked; and
(4) A map showing which streets will be subject to the ban according
to the schedule of implementation.
(f) Upon a finding that substantial hardship would otherwise be
experienced by employees of employment facilities located in Cambridge,
the Director of Traffic and Parking of the City of Cambridge may issue
special parking stickers to such employees which shall entitle vehicles
to park during the hours of the ban. Such stickers shall be valid only
for those streets and areas of streets clearly identified on the face of
such stickers, shall be issued with preference being given to carpools
and vanpools and shall be subject to immediate revocation if the vehicle
is cited for a parking violation on a street or area other than those
designated. A list of all persons receiving such stickers shall be sent
to the Regional Administrator on or before July 1 of each year.
(g) The ban shall not apply to any street space which is subject to
metered parking with a maximum allowable time limit of one hour.

[40 FR 25162, June 12, 1975]

Sec. 52.1135 Regulation for parking freeze.

(a) Definitions:
(1) The phrase to commence construction means to engage in a
continuous program of on-site construction including site clearance,
grading, dredging, or land filling specifically designed for a parking
facility in preparation for the fabrication, erection, or installation
of the building components of the facility. For the purpose of this
paragraph, interruptions resulting from acts of God, strikes,
litigation, or other matters beyond the control of the owner shall be
disregarded in determining whether a construction or modification
program is continuous.
(2) The phrase to commence modification means to engage in a
continuous program of on-site modification including site clearance,
grading, dredging,

[[Page 103]]

or land filling in preparation for a specific modification of the
parking facility.
(3) The phrase commercial parking space means a space used for
parking a vehicle in a commercial parking facility.
(4) [Reserved]
(5) Commercial parking facility (also called facility) means any
lot, garage, building or structure, or combination or portion thereof,
on or in which motor vehicles are temporarily parked for a fee,
excluding (i) a parking facility, the use of which is limited
exclusively to residents (and guests of residents) of a residential
building or group of buildings under common control, and (ii) parking on
public streets.
(6) Freeze means to maintain at all times after October 15, 1973,
the total quantity of commercial parking spaces available for use at the
same amounts as were available for use prior to said date; Provided,
That such quantity may be increased by spaces the construction of which
commenced prior to October 15, 1973, or as specifically permitted by
paragraphs (n), (p) and (q) of this section; provided further that such
additional spaces do not result in an increase of more than 10 percent
in the total commercial parking spaces available for use on October 15,
1973, in any municipality within the freeze area or at Logan
International Airport (``Logan Airport''). For purposes of the last
clause of the previous sentence, the 10 percent limit shall apply to
each municipality and Logan Airport separately.
(b) [Reserved]
(c) There is hereby established a freeze, as defined by paragraph
(a)(6) of this section, on the availability of commercial parking
facilities in the freeze area effective October 15, 1973. In the event
construction in any municipality, commenced prior to October 15, 1973,
results in a number of spaces which exceeds the 10 percent limit
prescribed by paragraph (a)(6) of this section, then the Governor shall
immediately take all necessary steps to assure that the available
commercial spaces within such municipality shall be reduced to comply
with the freeze. In the event that such limit is exceeded at Logan
Airport, then the provisions of paragraph (m) of this section shall
apply.
(d) [Reserved]
(e) After August 15, 1973, no person shall commence construction of
any commercial parking facility or modification of any such existing
facility in the freeze area unless and until he has obtained from the
Governor or from an agency approved by the Governor a permit stating
that construction or modification of such facility will be in compliance
with the parking freeze established by paragraph (c) of this section.
This paragraph shall not apply to any proposed parking facility for
which a general construction contract was finally executed by all
appropriate parties on or before August 15, 1973.
(f) The Governor shall notify the Regional Administrator in writing
within 10 days of approval of any agency pursuant to paragraph (e) of
this section. In order for any agency to be approved by the Governor for
purposes of issuing permits pursuant to paragraph (e) of this section,
such agency shall demonstrate to the satisfaction of the Governor that:
(1) Requirements for permit application and issuance have been
established. Such requirements shall include but not be limited to a
condition that before a permit may be issued the following findings of
fact or factually supported projections must be made:
(i) The location of the facility; and
(ii) The total motor vehicle capacity before and after the proposed
construction or modification of the facility.
(2) Criteria for issuance of permits have been established and
published. Such criteria shall include, but not be limited to:
(i) Full consideration of all facts contained in the application.
(ii) Provisions that no permit will be issued if construction or
modification of the facility will not comply with the requirements of
paragraph (c) of this section.
(3) Agency procedures provide that no permit for the construction or
modification of a facility covered by this section shall be issued
without notice and opportunity for public hearing. The public hearing
may be of a legislative type; the notice shall conform to the
requirements of 40 CFR 51.4(b); and

[[Page 104]]

the agency rules or procedures may provide that if no notice of intent
to participate in the hearing is received from any member of the public
(other than the applicant) prior to 7 days before the scheduled hearing
date, no hearing need be held. If notice of intent to participate is
required, the fact shall be noted prominently in the required hearing
notice.
(g)-(l) [Reserved]
(m) On or before January 30, 1975, the Massachusetts Port Authority
(``Massport'') shall prepare and submit to the Governor for his approval
a plan showing the manner in which the number of commercial parking
spaces at Logan Airport which exceeds the number of such spaces
permitted under the freeze shall be removed from use. The Governor shall
approve such plan if he determines that (1) implementation of such plan
would result in reducing the aggregate number of commercial parking
spaces to the level of such spaces permitted by this section, (2)
Massport has adequate legal authority to implement such plan and (3)
adequate commitments have been made by Massport to assure the Governor
that such plan will be fully implemented and maintained on and after May
1, 1976. In the event that the Governor does not approve such plan by
April 1, 1976, then the owner or operator of each commercial parking
facility located at Logan Airport shall, on or before July 1, 1976,
reduce the number of commercial parking spaces available for use at each
such facility by an amount which bears the same proportion to the number
of spaces exceeding the limit imposed by this section as the number of
spaces available at such facility bears the total number of such spaces
which were available for use at Logan Airport on April 1, 1976.
(n) Where an agency approved by the Governor under paragraph (e) of
this section to issue permits for new construction in the City of
Cambridge demonstrates to the satisfaction of the Governor that (1)
specific on-street parking spaces in use as of October 15, 1973, were
being legally and regularly used as of such date for parking by
commuters (as that term is defined in Sec. 52.1161(a)(6)) who are not
residents of Cambridge and that (2) effective measures have been
implemented (including adequate enforcement) to prevent such spaces from
being used by such commuters, then such approved agency may issue
permits for construction of additional new commercial parking spaces
equal to one-half of the number of spaces removed from regular use by
such commuters and the total quantity of commercial parking spaces
allowable in Cambridge under this section shall be raised accordingly.
(o) On or before July 31, 1976, and on or before each succeeding
July 31, the Governor and the chief executive officer of any agency
approved by the Governor under paragraph (e) of this section shall
submit a report to the Regional Administrator setting forth:
(1) The names and addresses of all persons who received permits
during the previous twelve-month period ending June 30 and number of
spaces allocated to each such person;
(2) The number of commercial parking spaces available for use as of
the June 30 prior to the date of the report;
(3) The number of commercial parking spaces which remain available
for allocation by the Governor or such agency as of the June 30 prior to
the date of the report, including those spaces made available because of
retirement of existing commercial parking spaces as well as those spaces
made available because of the effects of paragraphs (n), (p) and (q) of
this section; and
(4) The location and capacity of any park-and-ride facility
designated under paragraph (p) of this section.
(p) The Governor and any approved agency may issue a permit to
construct a commercial parking facility which is designated by the
Governor as a park-and-ride facility to be operated in conjunction with
mass transit service without regard to the limitations on number of
spaces imposed by this section.
(q) Where an agency approved by the Governor can demonstrate to the
satisfaction of the Governor that there have been physically eliminated
through permanent modification or demolition any legal on-street parking
spaces within a municipality then such agency may issue permits for
construction within that municipality of additional

[[Page 105]]

new commercial parking spaces equal to the number of spaces thus
eliminated and the total quantity of commercial parking spaces allowable
for such municipality under this section shall be increased accordingly.
(r) The provisions of this regulation shall cease to be effective as
to that portion of the freeze area lying within the City of Boston and
not included within Boston proper or Logan Airport at such time as the
City of Boston implements a program, approved by the Governor, which
shall include effective measures to control the construction of
additional commercial parking spaces within that area, including
procedures for issuance of conditional use permits under applicable
zoning regulations and for assuring compliance with all air quality
requirements under state and Federal law.

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

Sec. Sec. 52.1136-52.1144 [Reserved]

Sec. 52.1145 Regulation on organic solvent use.

(a) Definitions:
(1) Organic solvents include diluents and thinners and are defined
as organic materials which are liquids at standard conditions and which
are used as dissolvers, viscosity reducers, or cleaning agents, except
that such materials which exhibit a boiling point higher than 220 ]F.
at 0.5 millimeters of mercury absolute pressure or having an equivalent
vapor pressure shall not be considered to be solvents unless exposed to
temperatures exceeding 220 ]F.
(2) Solvent of high photochemical reactivity means any solvent with
an aggregate of more than 20 percent of its total volume composed of the
chemical compounds classified below or which exceeds any of the
following individual percentage composition limitations in reference to
the total volume of solvent:
(i) A combination of hydrocarbons, alcohols, aldehydes, esters,
ethers, or ketones having an olefinic or cycloolefinic type of
unsaturation: 5 percent;
(ii) A combination of aromatic compounds with eight or more carbon
atoms to the molecule except ethylbenzene: 8 percent;
(iii) A combination of ethylbenzene, ketones having branched
hydrocarbon structures, trichloroethylene or toluene: 20 percent.
Whenever any organic solvent or any constituent of an organic solvent
may be classified from its chemical structure into more than one of the
above groups of organic compounds, it shall be considered as a member of
the most reactive chemical group, that is, that group having the least
allowable percentage of total volume of solvents.
(3) Organic materials are chemical compounds of carbon excluding
carbon monoxide, carbon dioxide, carbonic acid, metallic carbides,
metallic carbonates, and ammonium carbonate.
(b) This section is applicable throughout the Boston Intrastate
Region. The requirements of this section shall be in effect in
accordance with Sec. 52.1147.
(c) No person shall cause, allow, suffer, or permit the discharge
into the atmosphere of more than 15 pounds of organic materials in any 1
day, nor more than 3 pounds of organic materials in any 1 hour, from any
article, machine, equipment, or other contrivance, in which any organic
solvent or any material containing organic solvent comes into contact
with flame or is baked, heat-cured, or heat-polymerized, in the presence
of oxygen, unless said discharge has been reduced as a result of the
installation of abatement controls by at least 85 percent. Those
portions of any series of articles, machines, equipment, or other
contrivances designed for processing a continuous web, strip, or wire
that emit organic materials and use operations described in this section
shall be collectively subject to compliance with this section.
(d) No person shall cause, suffer, allow, or permit the discharge
into the atmosphere of more than 40 pounds of organic materials in any 1
day, nor more than 8 pounds in any 1 hour, from any article, machine,
equipment, or other contrivance used under conditions other than
described in paragraph

[[Page 106]]

(c) of this section for employing, or applying any solvent of high
photochemical reactivity or material containing such photochemically
reactive solvent, unless said discharge has been reduced as a result of
the installation of abatement controls by at least 85 percent. Emissions
of organic materials into the atmosphere resulting from air or heated
drying of products for the first 12 hours after their removal from any
article, machine, equipment or other contrivance described in this
section shall be included in determining compliance with this section.
Emissions resulting from baking, heat-curing, or heat-polymerizing as
described in paragraph (c) of this section shall be excluded from
determination of compliance with this section. Those portions of any
series of articles, machines, equipment, or other contrivances designed
for processing a continuous web, strip, or wire that emit organic
materials and use operations described in this section shall be
collectively subject to compliance with this section.
(e) Emissions of organic materials to the atmosphere from the clean-
up with a solvent of high photochemical reactivity, or any article,
machine, equipment, or other contrivance described in paragraph (c) or
(d) of this section or in this paragraph, shall be included with the
other emissions of organic materials from that article, machine,
equipment or other contrivance for determining compliance with this
section.
(f) No person shall cause, suffer, allow, or permit during any one
day disposal of a total of more than 1.5 gallons of any solvent of high
photochemical reactivity, or of any material containing more than 1.5
gallons of any such photochemically reactive solvent by any means that
will permit the evaporation of such solvent into the atmosphere.
(g) Emissions of organic materials into the atmosphere required to
be controlled by paragraph (c) or (d) of this section shall be reduced
by:
(1) Incineration, provided that 90 percent or more of the carbon in
the organic material being incinerated is converted to carbon dioxide,
or
(2) Adsorption, or
(3) The use of other abatement control equipment determined by the
Regional Administrator to be no less effective than either of the above
methods.
(h) A person incinerating, adsorbing, or otherwise processing
organic materials pursuant to this section shall provide, properly
install and maintain in calibration, in good working order, and in
operation, devices as specified in the authority to construct, or as
specified by the Regional Administrator, for indicating temperatures,
pressures, rates of flow, or other operating conditions necessary to
determine the degree and effectiveness of air pollution control.
(i) Any person using organic solvents or any materials containing
organic solvents shall supply the Regional Administrator upon request
and in the manner and form prescribed by him, written evidence of the
chemical composition, physical properties, and amount consumed for each
organic solvent used.
(j) The provisions of this rule shall not apply to:
(1) The manufacture of organic solvents, or the transport or storage
of organic solvents or materials containing organic solvents.
(2) The spraying or other use of insecticides, pesticides, or
herbicides.
(3) The employment, application, evaporation, or drying of saturated
halogenated hydrocarbons or perchloroethylene.
(4) The use of any material, in any article, machine, equipment or
other contrivance described in paragraph (c), (d), or (e) of this
section if:
(i) The volatile content of such material consists only of water,
and organic solvents;
(ii) The organic solvents comprise not more than 30 percent by
volume of said volatile content;
(iii) The volatile content is not a solvent of high photochemical
reactivity as defined in paragraph (a) of this section; and
(iv) The organic solvent or any material containing organic solvent
does not come into contact with flame. This last stipulation applies
only for those articles, machines, equipment or other contrivances that
are constructed or modified after November 8, 1973.

[[Page 107]]

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

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

Sec. 52.1146 [Reserved]

Sec. 52.1147 Federal compliance schedules.

(a) Except as provided in paragraph (c) of this section, the owner
or operator of a source subject to regulation under paragraph (c)(1) of
Sec. 52.1144 and Sec. 52.1145 shall comply with the increments of
progress contained in the following schedule:
(1) Final control plans for emission control systems or process
modifications must be submitted on or before June 1, 1974, for sources
subject to Sec. 52.1144(c)(1) and on or before May 1, 1974 for sources
subject to Sec. 52.1145.
(2) Contracts for emission control systems or process modifications
must be awarded or orders must be issued for the purchase of component
parts to accomplish emission control or process modifications on or
before March 1, 1975, for sources subject to Sec. 52.1144(c)(1) and on
or before July 1, 1974, for sources subject to Sec. 52.1145.
(3) Initiation of on-site construction or installation of emission
control equipment or process modification must begin on or before May 1,
1975, for sources subject to Sec. 52.1144(c)(1) and on or before August
15, 1974, for sources subject to Sec. 52.1145.
(4) On-site construction or installation of emission control
equipment or process modification must be completed prior to April 15,
1975, except for purposes of paragraph (c)(1) of Sec. 52.1144, the
applicable date shall be February 1, 1976.
(5) Final compliance is to be achieved prior to May 31, 1975, except
for sources subject to paragraph (c)(1) of Sec. 52.1144 of this
subpart. Final compliance for sources subject to paragraph (c)(1) of
Sec. 52.1144 is to be achieved by June 1, 1976.
(i) Facilities subject to paragraph (c)(1)(iii) of Sec. 52.1144 of
this subpart which have a daily throughput of 20,000 gallons of gasoline
or less are required to have a vapor recovery system in operation no
later than May 31, 1977. Delivery vessels and storage containers served
exclusively by facilities required to have a vapor recovery system in
operation no later than May 31, 1977, also are required to meet the
provisions of this section no later than May 31, 1977.
(6) Any owner or operator of stationary sources subject to
compliance schedule in this paragraph shall certify to the Administrator
within 5 days after the deadline for each increment of progress, whether
or not the required increment of progress has been met.
(7) Any gasoline dispensing facility subject to paragraph (c)(1) of
Sec. 52.1144

[[Page 108]]

which installs a storage tank after October 15, 1973, shall comply with
such paragraph by March 1, 1976. Any facility subject to such paragraph
which installs a storage tank after March 1, 1976 shall comply with such
paragraph at the time of installation.
(b) Except as provided in paragraph (d) of this section, the owner
or operator of a source subject to paragraph (d)(1) of Sec. 52.1144
shall comply with the increments of progress contained in the following
compliance schedule:
(1) Final control plans for emission control systems or process
modifications must be submitted prior to January 1, 1975.
(2) Contracts for emission control systems or process modifications
must be awarded or orders must be issued for the purchase of component
parts to accomplish emission control or process modification prior to
March 1, 1975.
(3) Initiation of on-site construction or installation of emission
control equipment or process modification must begin not later than May
1, 1975.
(4) On-site construction or installation of emission control
equipment or process modification must be completed prior to May 1,
1977.
(5) Federal compliance is to be achieved prior to May 31, 1977.
(6) Any owner or operator of stationary sources subject to the
compliance schedule in this paragraph shall certify to the
Administrator, within 5 days after the deadline for each increment of
progress, whether or not the required increment of progress has been
met.
(7) Any gasoline dispensing facility subject to paragraph (d)(1) of
Sec. 52.1144 which installs a gasoline dispensing system after the
effective date of this regulation shall comply with the requirements of
such paragraph by May 31, 1977. Any facility subject to such paragraph
which installs a gasoline dispensing system after May 31, 1977, shall
comply with such paragraph at the time of installation.
(c) Paragraph (a) of this section shall not apply:
(1) To a source which is presently in compliance with all
requirements of paragraph (c)(1) of Sec. 52.1144 and Sec. 52.1145 and
which has certified such compliance to the Administrator by June 1,
1974. The Administrator may request whatever supporting information he
considers necessary for proper certification.
(2) To a source for which a compliance schedule is adopted by the
Commonwealth and approved by the Administrator.
(3) To a source subject to Sec. 52.1144(c)(1) whose owner or
operator submits to the Administrator by June 1, 1974, a proposed
alternative compliance schedule. No such schedule may provide for
compliance after March 1, 1976. If promulgated by the Administrator,
such schedule shall satisfy the requirements of this paragraph for the
affected source.
(4) To a source subject to Sec. 52.1145 whose owner or operator
submits to the Administrator by May 1, 1974, a proposed alternative
compliance schedule. No such schedule may provide for compliance after
May 31, 1975. If promulgated by the Administrator, such schedule shall
satisfy the requirements of this paragraph for the affected source.
(d) Paragraph (b) of this section shall not apply:
(1) To a source which is presently in compliance with paragraph
(d)(1) of Sec. 52.1144 and which has certified such compliance to the
Administrator by January 1, 1975. The Administrator may request whatever
supporting information he considers necessary for proper certification.
(2) To a source for which a compliance schedule is adopted by the
State and approved by the Administrator.
(3) To a source whose owner or operator submits to the Administrator
by June 1, 1974, a proposed alternative schedule. No such schedule may
provide for compliance after May 31, 1977. If promulgated by the
Administrator, such schedule shall satisfy the requirements of this
paragraph for the affected source.
(e) Nothing in this paragraph shall preclude the Administrator from
promulgating a separate schedule for any source to which the application
of the compliance schedule in paragraph (a) or (b) of this section fails
to satisfy and requirements of 40 CFR 51.15 (b) and (c).

[38 FR 30970, Nov. 8, 1973]

[[Page 109]]

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

Sec. Sec. 52.1148-52.1158 [Reserved]

Sec. 52.1159 Enhanced Motor Vehicle Inspection and Maintenance.

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

[65 FR 69257, Nov. 16, 2000]

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

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

[60 FR 4737, Jan. 24, 1995]

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

(a) Definitions:
(1) Employer means any person or entity which employs 50 or more
employees at any time during a calendar year at an employment facility
located in the Boston Intrastate Region.
(2) Educational institution means any person or entity which has 250
or more employees and students at any time during the academic year at
an educational facility offering secondary level or higher training
including vocational training located in the Boston Intrastate Region.
(3) Employee means any person who performs work for an employer
thirty-five or more hours per week and for more than twenty weeks per
year for compensation and who travels to and from work by any mode of
travel.
(4) Student means any full-time day student who does not live at the
educational institution and who travels to and from classes by any mode
of travel.
(5) Affected facility means any employment facility at which 50 or
more persons are employees or any educational facility at which 250 or
more persons are students and employees.
(6) Commuter means both an employee and a student.
(7) Single-passenger commuter vehicle means a motor-driven vehicle
with four or more wheels with capacity for a driver plus one or more
passengers which is used by a commuter traveling alone to work or
classes and is not customarily required to be used in the course of his
employment or studies.
(8) Base date means the date set forth in paragraph (d) of this
section as of which the base number of single-passenger commuter
vehicles at a particular employment facility or educational institution
must be determined.
(9) The Secretary means the Secretary of Transportation and
Construction of the Commonwealth of Massachusetts.
(b) Commencing with the effective date of this section, each
employer and educational institution (except as provided below) shall
diligently and expeditiously implement and thereafter continuously
maintain the following mandatory measures which are designed to achieve
a goal of reducing the number of single-passenger commuter vehicles
customarily commuting daily to each affected facility as of its base
date by 25 percent (or as adjusted pursuant to paragraph (g) of this
section):
(1) Making available to commuters any pass program offered by the
Massachusetts Bay Transportation Authority, if any commuter to the
facility uses the mass transit facilities of such Authority as part of
his daily commuting trip, including making all administrative
arrangements for commuters to purchase the pass and thereby participate
in the pass program and encouraging commuters to participate

[[Page 110]]

by such means as publicizing the availability of the pass program and
the cost advantages thereof.
(2)-(8) [Reserved]

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

Sec. 52.1162 Regulation for bicycle use.

(a) Definitions:
(1) Bicycle means a two-wheel nonmotor-powered vehicle.
(2) Bike path means a route for the exclusive use of bicycles
separated by grade or other physical barrier from motor traffic.
(3) Bike lane means a street lane restricted to bicycles and so
designated by means of painted lanes, pavement coloring or other
appropriate markings. A peak hour bike lane means a bike lane effective
only during times of heaviest auto commuter traffic.
(4) Bike route means a route in which bicycles share road space with
motorized vehicles.
(5) Bikeway means bike paths, bike lanes and bike routes.
(6) Bicycle parking facility means any facility for the temporary
storage of bicycles which allows the frame and both wheels of the
bicycle to be locked so as to minimize the risk of theft and vandalism.
(7) Parking facility means a lot, garage, building, or portion
thereof in or of which motor vehicles are temporarily parked.
(8) Parking space means the area allocated by a parking facility for
the temporary storage of one automobile.
(9) MBTA means the Massachusetts Bay Transportation Authority.
(b) Application. This section shall be applicable in the Boston
Intrastate Region.
(c) Study. The Commonwealth, according to the schedule set forth in
paragraph (d) of this section, shall conduct a comprehensive study of,
and in that study recommend, the establishment of permanent bikeways and
related facilities within the area described in paragraph (b) of this
section. The study shall consider or include at least the following
elements:
(1) The physical design for bikeways, intersections involving
bikeways, and means of bicycle link-ups with other modes of
transportation;
(2) The location of bikeways, including ascertaining high accident
or pollution areas and developing means of avoiding or ameliorating
those situations as well as means of providing intersection safety
generally;
(3) The location of bicycle parking facilities, including bus stops;
(4) The rules of the road for bicyclists, and to the extent that
present rules must be modified because of bikeways, new rules of the
road for motorists. Also the feasibility of mandatory adult bicycle
registration to minimize theft and increase recovery of stolen bicycles;
(5) Bicycle safety education for bicyclists, motorists, children,
students, street maintenance personnel and policemen, including
requiring bicycle safety principles and safe street riding skills to be
taught in high school automobile driver(s) education programs;
(6) Methods for publicizing bicycles or bicycles plus mass transit
as alternatives to automobile transportation, including the preparation,
perhaps in conjunction with bicentennial efforts, of a master Boston
area transit map, indicating the kind, extent and location of bicycle
facilities, public baths, showers, toilet facilities, water fountains,
as well as routes and stops for MBTA, common carriers and private bus
lines, such map to be distributed by the Registry of Motor Vehicles with
each automobile new registration and automobile registration renewal;
(7) Requiring or providing incentives for common carriers and mass
transit carriers, especially the Blue Line of the MBTA, to provide
bicycle parking facilities at their respective terminals and stations
and bicycle carrying facilities on their respective vehicles;
(8) The creation of roadway zones in which all vehicles, except mass
transit, emergency and service vehicles, and bicycles, would be
excluded;
(9) Requiring or providing incentives for office buildings and
employers to install and to provide free shower and locker facilities
for cyclists;
(10) A bicycle user and potential user survey, which shall at a
minimum determine:

[[Page 111]]

(i) For present bicycle riders, the origin, destination, frequency,
travel time, distance and purpose of bicycle trips;
(ii) In high density employment areas, the present modes of
transportation of employees and the potential modes of transportation,
including the numbers of employees who would use a bicycle for a
significant portion of their commuting transportation were suitable
facilities available to them. This section of the study shall seek to
ascertain the size of the working population that would move from
automobiles to mass transit and bicycles or bicycles alone as a
significant form of transportation. It shall also seek to ascertain what
bicycle facilities or mix thereof would produce the greatest conversion
from auto use;
(11) The special problems related to the design and incorporation in
the bikeway facilities described in paragraph (f) of this section of
feeder bikeways to bridges, on-bridge bikeways, feeder bikeways to MBTA
and railroad stations, feeder bikeways to fringe parking areas, and
bicycle passage through rotaries and squares;
(12) The conversion of railroad beds, power lines, flood control
channels or similar corridors to bikepaths;
(13) Removing barriers to employees bringing their bicycles into
their offices;
(14) Removal or alteration of drain grates with bars so placed as to
catch bicycle wheels;
(15) Bicycle rentals at appropriate locations; and
(16) The feasibility of constructing bikeways along at least each of
the corridors set forth in paragraph (g) of this section.

In conducting the study, opportunity shall be given for public comments
and suggestions. Input shall also be solicited from state, regional and
local planning staffs, state, regional and local agencies, bicycle
organizations and other interested groups and be related to
comprehensive transportation planning for the area designated in
paragraph (b) of this section. The study shall, using as a goal a
minimum of 180 miles of bikeways, examine as large a network of
facilities as is practicable within the area described in paragraph (b)
of this section and shall recommend physical designs for said
facilities. The study shall also propose a compliance schedule for
establishing any recommended permanent bicycle facilities.
(d) The Commonwealth of Massachusetts shall submit to the Regional
Administrator no later than October 1, 1975, a detailed compliance
schedule showing the steps that will be taken to carry out the study
required by paragraph (c) of this section. The compliance schedule shall
at a minimum include:
(1) Designation of the agency responsible for conducting the study;
(2) A date for initiation of the study, which date shall be no later
than October 1, 1975; and
(3) A date for completion of the study, and submittal thereof to the
Administrator, which date shall be no later than June 30, 1976.
(e) On or before September 1, 1976, the Administrator shall publish
in the Federal Register his response to the study required by paragraph
(c) of this section, and shall, in that response, either approve the
facility location and designs and other requirements as well as the
proposed compliance schedule for permanent facilities recommended in the
study, or shall designate alternative and/or additional facility
locations and designs and other requirements as well as modify the
proposed compliance schedule for permanent facilities. The Administrator
may provide, if he deems it necessary, for a public comment period prior
to the effective date of his response.
(f) Permanent bicycle facilities. At the conclusion of the study
required by paragraph (c) of this section and the Administrator's
response thereto, the Commonwealth shall, together with the
municipalities and other authorities having jurisdiction over affected
roadways and areas establish permanent bicycle facilities as required by
the Administrator's response to the study.
(g) The potential bikeway corridors to be studied pursuant to
paragraph (c)(16) are as follows:
(1) Central Square, Cambridge to Boston University;

[[Page 112]]

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

[40 FR 25168, June 12, 1975]

Sec. 52.1163 Additional control measures for East Boston.

(a) On or before December 31, 1975, the Governor, the Mayor of the
City of Boston, the Chairman of the Massachusetts Bay Transportation
Authority, the Chairman of the Massachusetts Turnpike Authority and the
Chairman of the Massachusetts Port Authority (``Massport'') shall each
submit to the Regional Administrator a study or studies of various
alternative strategies to minimize the number of vehicle trips to and
from Logan International Airport (``Logan Airport'') and to reduce the
amount of carbon monoxide in the vicinity of the Callahan and Sumner
Tunnels to a level consistent with the national primary ambient air
quality standards. These studies may be combined into one or more joint
studies. These studies shall contain recommendations for control
measures to be implemented prior to May 31, 1977. Measures to be studied
shall include but need not be limited to, the following:
(1) Incentives and programs for reductions in the use of single-
passenger vehicles through the Callahan and Sumner Tunnels;
(2) Alterations in traffic patterns in the tunnel area;
(3) Use of exclusive lanes for buses, carpools, taxis and limousines
during peak travel hours;
(4) Reduction of parking spaces at Logan Airport and increased
parking charges at remaining spaces;
(5) Construction of satellite terminal facilities for Logan Airport;
(6) Use of alternate modes of transportation for trips to and from
Logan Airport, and establishment of facilities at Logan Airport to
accommodate such modes;
(7) Improved transit service between the Blue Line subway stop and
airline terminals at Logan Airport; and
(8) Any other measures which would be likely to contribute to
achieving the required reductions.
(b) Massport shall monitor the number of vehicles entering and
leaving

[[Page 113]]

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

[40 FR 25169, June 12, 1975]

Sec. 52.1164 Localized high concentrations--carbon monoxide.

(a) Not later than October 1, 1975, the Commonwealth shall have
developed and have begun to implement a program to identify urban and
suburban core areas and roadway/intersection complexes within the Boston
Intrastate Region which violate the national ambient air quality
standards for carbon monoxide. Once such localized areas have been
identified, the Commonwealth, in cooperation with the affected local
municipalities, shall develop and implement appropriate control
strategies to insure that such air quality standards will be achieved at
such areas. Plans shall be developed to include provisions for the
entire municipality in order to insure that the implemented strategies
will not create carbon monoxide violations elsewhere in the vicinity
after the measures have been applied.
(b) To accomplish the requirements of paragraph (a) of this section,
the Commonwealth shall do the following:

[[Page 114]]

(1) Identify areas of potentially high carbon monoxide
concentrations by reviewing all available traffic data, physical site
data and air quality and meteorological data for all major intersections
and roadway complexes within the Region. The Regional Administrator will
provide general guidance on area designations to assist in the initial
identification process.
(2) Areas identified under paragraph (b)(1) of this section shall be
studied in further detail, including meteorological modeling, traffic
flow monitoring, air quality monitoring and other measures necessary to
accurately quantify the extent and actual levels of carbon monoxide in
the area. A report containing the results of these analyses and
identifying such areas shall be submitted to the Regional Administrator
no later than March 1, 1976.
(3) If, after the completion of actions required by paragraph (b)(2)
of this section, an area shows or is predicted to have violations of the
carbon monoxide standard, the Commonwealth, in cooperation with the
affected municipality, shall submit a plan to the Regional Administrator
containing measures to regulate traffic and parking so as to reduce
carbon monoxide emissions to achieve air quality standards in the area.
Such plan shall include: the name of the agency responsible for
implementing the plan, all technical data and analyses supporting the
conclusions of the plan, all control strategies adopted as part of the
plan, and other such information relating to the proposed program as may
be required by the Regional Administrator. The Regional Administrator
shall provide general guidance on applicable control strategies and
reporting formats to assist in plan development and submittal. Such a
plan shall be submitted for each municipality which contains one or more
identified areas no later than October 1, 1975 for Waltham and October
1, 1976, for other areas.
(4) All measures called for in the plan submitted under paragraph
(b)(3) of this section shall be subject to the approval of the Regional
Administrator and shall be implemented by May 31, 1977.
(c) The Commonwealth shall annually review the effectiveness of the
control strategies developed pursuant to this section and modify them as
necessary to insure that such carbon monoxide standards will be attained
and maintained. The results of this review and any changes in the
measures which the Commonwealth recommends as a result thereof shall be
reported to the Regional Administrator annually as required under Sec.
52.1160.
(d) Prior to submitting any plan to the Regional Administrator under
paragraph (b)(3), the Commonwealth shall give prominent public notice of
the general recommendations of such plan, shall make such plan available
to the public for at least 30 days and permit any affected public agency
or member of the public to comment in writing on such plan. The
Commonwealth shall give the Regional Administrator timely notice of any
public hearing to be held on such plan and shall make all comments
received available to the Regional Administrator for inspection and
copying.

[40 FR 25170, June 12, 1975]

Sec. 52.1165 Significant deterioration of air quality.

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

Sec. 52.1166 [Reserved]

Sec. 52.1167 EPA-approved Massachusetts State regulations.

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

[[Page 115]]

the plan identified in Sec. 52.1120. To the extent that this table
conflicts with Sec. 52.1120, Sec. 52.1120 governs.

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

[[Page 116]]

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

[[Page 117]]

310 CMR 7.00........ Definitions........ 7/30/93 10/15/96 61 FR 53632 111 Adding or amending
the following
definitions: motor
vehicle parking
space; off-peak
parking spaces;
remote parking
spaces; and
restricted use
parking.
310 CMR 7.00........ Definitions........ 2/17/93 9/3/1999 64 FR 48303 c(117) ...................
310 CMR 7.00........ Definitions........ 7/30/96 4/11/00 65 FR 19326 115 Definition of
``volatile organic
compound''
revised.
310 CMR 7.00........ Definitions........ 1/11/95 4/11/00 65 FR 19326 121 Definitions
3/29/95 associated with
marine vessel
rule.
310 CMR 7.00........ Definitions........ 07/25/95 12/18/00 65 FR 78976 116 Definitions
08/09/00 associated with
9/11/00 State II vapor
recovery rule.
310 CMR 7.00 Emission Offsets 7/15/94 10/27/00 65 FR 64363 (c)(127) Approving 1990 CAAA
Appendix A. and Nonattainment and 4/14/ revisions and
Review. 95 general NSR permit
requirements
310 CMR 7.00 Emissions Banking, 2/9/94 8/8/96 61 FR 41338 112 Replaces earlier
Appendix B (except Trading, and 3/29/95 emissions
310 CMR 7.00 Averaging. averaging rules
Appendix with emissions
B(3)(e)5.h). banking, trading,
and averaging.
310 CMR 7.00 and 2/14 and 9/25/85 50 FR 38806 64 Motor vehicle fuel
7.02(12)(c). 5/22/85 tank trucks.
310 CMR 7.00........ Definitions........ 7/25/90 10/04/02 67 FR 62187 120 Add a definition of
PM10.
310 CMR 7.00........ Definitions........ 8/9/01 5/29/14 79 FR 30737 141 Approved the
definition for
compliance
certification.

[[Page 118]]

310 CMR 7.00........ Definitions........ 9/14/06 5/29/14 79 FR 30737 141 Approving the
following
definitions,
effective 9/23/05:
adhesion promoter,
Administrator,
anti-glare safety
coating, aqueous
cleaner,
automotive
refinishing
facility, bakery,
capture
efficiency, CEMS,
CFR, combined
cycle combustion
turbine, dry
bottom, duct
burner,
elastomeric
coating, emergency
or standby engine
, emission
statement, energy
input capacity,
EPA, existing
facility, face
firing, facility,
federally
enforceable,
federal potential
to emit or federal
potential
emissions, ferrous
cupola foundry,
four-stage coating
system, fuel cell,
fugitive
emissions, glass,
glass melting
furnace,
halogenated
organic compound,
hardener,
hazardous air
pollutant (HAP),
heat release rate,
impact resistant
coating, lean burn
engine, lowest
achievable
emission rate
(LAER),
malfunction,
maximum achievable
control
technology,
maximum design
capacity, mobile
equipment, MW,
natural draft
opening,
nonattainment
area,
nonattainment
review, non-
criteria
pollutant,
potential
emissions or
potential to emit,
pretreatment wash
primer, primer
sealer, primer
surfacer, reducer,
simple cycle
combustion
turbine, single-
stage topcoat,
soap, specialty
coating,
stationary
combustion
turbine,
stationary
reciprocating
internal
combustion engine,
stencil coating,
stoker, surface
preparation
product,
tangential firing,
three-stage
coating system,
touch-up coating,
two-stage topcoat,
underbody coating,
uniform finish
blender.

[[Page 119]]

310 CMR 7.00........ Definitions........ 9/14/06 5/29/14 79 FR 30737 141 Approving the
following amended
or added
definitions,
effective 6/2/06:
water hold-out
coating, weld-
through primer,
VOC composite
partial pressure.
310 CMR 7.00........ Definitions........ 12/13/06 07/31/08 73 FR 44654 136 Addition of the
term, ``Boston
Metropolitan
Planning
Organization.''
12/13/06 07/31/08 73 FR 44654 136 Massachusetts
Regulation Filing,
dated November 16,
2006,
substantiating
December 1, 2006,
State effective
date for amended
310 CMR 7.00
entitled
``Definition,''
(addition of term
``Boston
Metropolitan
Planning
Organization,''
which appears on
the replaced page
173 of the State's
Code of
Massachusetts
Regulations.).
310 CMR 7.00........ Definitions........ 8/9/12 9/19/13 78 FR 57487 137 Approving the
definition of
``Sulfur in
Fuel.''
310 CMR 7.00........ Table of MA cities 11/13/07 4/24/14 79 FR 22774 140
and towns with
corresponding DEP
Regional offices.
310 CMR 7.02........ Plans and approval 4/27/72 10/28/72 37 FR 23085 2
and emission
limitations.
8/28/72 10/28/72 37 FR 23085 4 ...................
5/27/82 1/10/84 49 FR 1187 60 7.02(2)(b)(4) and
9/9/82 7.02(2)(5) for new
source review.
12/3/85 11/25/86 51 FR 42564 69 Adds the word
1/31/86 ``major'' before
2/11/86 the word
``modification''
at 7.02(2)(b).
310 CMR 7.02........ Plans and approval ......... ........... ............ .......... ...................
and emission
limitation.
11/21/86 3/10/89 54 FR 10148 72 7.02(2)(b) 4, 5 and
1/15/87 6-new source
review.
310 CMR 7.02(11).... Emission 2/1/78 3/15/79 44 FR 15704 18 Adds an emission
limitations for limitation for
incinerators. sewage sludge
incinerators.
310 CMR 7.02(12).... U Organic Material. 8/17/89 1/11/93 58 FR 3495 93 310 CMR 7.02(12)
has been
recodified and
relocated in 310
CMR 7.24, ``U
Organic Material
Storage and
Distribution.''
All subsections
and references in
310 CMR 7.02(12)
have been
recodified
accordingly.
310CMR 7.02(12)..... U Restricted 6/6/94 4/5/95 60 FR 17229 105 This rule limits a
Emission Status. source's potential
to emit, therefore
avoiding RACT,
title V operating
permits
310 CMR Organic material, 12/31/78 9/16/80 45 FR 61293 30 ...................
7.02(12)(a)(b). bulk plants and 5/16/79
terminals handling
organic material.

[[Page 120]]

310 CMR Gasoline liquid 12/2/83 3/8/84 49 FR 8611 56 Approved for
7.02(12)(a)1e. storage in secondary seals or
external floating equivalent weather
roof tanks. roofs.
310 CMR 7.02(12)(b)2 Stage I vapor 5/20/77 5/25/78 43 FR 22356 15 Provisions for
recovery. Pioneer APCD Stage
I vapor recovery.
12/31/78 9/16/80 45 FR 61293 30 ...................
5/16/79
3/25/83 7/7/83 48 FR 31200 55 Exempt Berkshire
APCD.
310 CMR 7.02(12)(b)3 Stage I vapor 11/21/86 3/10/89 54 FR 10148 72 7.02(12)(b)3 is
recovery. 1/15/87 deleted.
310 CMR 7.02(12) (c) Gasoline Tank 2/14/85 9/25/85 50 FR 38804 64 Tank trucks.
and (d). Trucks. 5/22/85
310 CMR 7.02(12)(d). Test Methods 11/21/86 3/10/89 54 FR 10148 72 Requires EPA
applicable to 310 1/15/87 approved test
CMR 7.02(12). methods or EPA
approved
alternatives.
310 CMR 7.02(12)(e). Gasoline Volatility 7/18/88 5/4/89 54 FR 19184 78 Approves a
9/15/88 limitation on
4/12/89 volatility of
gasoline from June
30 for Sept. 15,
1989, and May 1 to
Sept. 15 in
subsequent years.
310 CMR 7.03(13).... Paint spray booths. 2/17/93 9/3/1999 64 FR 48303 c(117) Adds the following
coating
operations:
plastic parts
surface coating,
leather surface
coating, wood
product surface
coating, and flat
wood paneling
surface coating.
310 CMR 7.04(2)..... U Fossil fuel 11/13/07 4/24/14 79 FR 22774 140 Clarifies new
Utilization applicability
Facilities. requirements for
smoke density
instrument removal
for certain
facilities.
310 CMR 7.04(4)(a).. U Fossil Fuel 11/13/07 4/24/14 79 FR 22774 140 Requires
Utilization inspection,
Facilities. maintenance
testing at
facilities with
heat inputs over 3
MMBtu/ hr
(excluding
combustion
turbines and
engines); requires
posting of test
results near
facilities.
310 CMR 7.04(5)..... Fuel oil viscosity. 12/28/78 6/17/80 45 FR 40987 29 For Cambridge
Electric Light
Company's Kendal
Station, and
Blackstone
Station.
12/28/78 10/18/80 45 FR 48131 29 Correction notice.
310 CMR 7.05........ Sulfur-in-fuel..... 8/28/72 10/28/72 37 FR 23058 4 ...................
7/5/78 2/7/79 44 FR 7712 17 Approves the
burning of coal/
oil slurry at New
England Power
Company, Salem
Harbor Station,
MA.
310 CMR 7.05........ U Fuels All 8/9/12 9/19/13 78 FR 57487 137 Approves the sulfur
Districts. content of fuel
oil. The following
sections were not
submitted as part
of the SIP:
(1)(a)(3), (2),
(3), (4), (7),
(8), (9).
310 CMR 7.05(1)(a).. Sulfur content of 4/14/77 3/24/78 43 FR 12324 13 Approves the
fuels and control burning of 1% for
thereof for all but: Crane and
Berkshire APCD. Company Inc., and
Schweitzer
Division, Kimberly
Clark Corporation,
Columbia Mill.

[[Page 121]]

4/14/77 3/7/79 44 FR 12422 13 Approves the
8/11/78 burning of 2.2% at
8/31/78 Crane & Co., Inc.,
and Schweitzer
Division, Kimberly-
Clark Corp.,
Columbia Mill.
11/8/82 4/28/83 48 FR 19172 54 Approves burning of
2.2% at Esleek
Manufacturing
Company, Inc.,
provided the fuel
firing rate does
not exceed 137.5
gallons per hour.
310 CMR 7.05(1)(b).. Sulfur content of 6/25/76 2/15/77 42 FR 9176 10 Approves the
fuels and control burning of 2.2%
thereof for until 7/1/78 for
Central APCD. 100 mBtu sources
listed in 52.1126.
3/29/76 5/19/77 42 FR 25730 11 Approves burning of
5/25/76 2.2% at James
River Associates,
Inc. and part of
Fitchburg Paper
Company, April
through October.
November through
March, they are
limited to burning
1% sulfur-in-fuel
oil.
6/25/76 6/21/78 43 FR 26573 10 Extends expiration
8/22/77 date to 6/21/78.
3/2/79 7/16/79 44 FR 41180 24 Permanent extension
for certain
sources to burn
2.2% under
specified
conditions.
Sulfur content of 9/28/79 6/17/80 45 FR 40987 24 Approves the
fuels and control burning of 2.2% at
thereof for Fitchburg Paper
central APCD. (55 Meter stacks
only) for James
River,
Massachusetts,
Inc., year round.
3/20/80 9/10/80 45 FR 59578 31 Approves the
temporary burning
of 2.2% at Seaman
Paper Co.,
Templeton.
3/2/79 9/17/81 46 FR 46133 33 Approves the
5/5/81 burning of 2.2% at
Millers Falls
Paper Co.
310 CMR 7.05(1)(c).. Sulfur content of 6/4/76 12/30/76 41 FR 56804 8 Approves the
fuels and control burning of 2.2%
thereof for except at those
Merrimack Valley. sources listed in
52.1126.
1/28/76 7/12/77 42 FR 35830 8 Approves burning of
12/30/76 1.4% at Haverhill
Paperboard Corp.,
Haverhill, MA.
1/28/76 ........... ............ ..........
8/22/77 6/21/78 43 FR 26573 8 Extends expiration
12/30/76 date to 7/1/79.
12/28/78 5/21/79 44 FR 29453 20 Permanent extension
to burn 2.2%.
310 CMR 7.05(1)(d).. Sulfur content of 7/11/75 12/5/75 40 FR 56889 6 Approves burning of
fuels and control 9/16/75 1% for large
thereof for electric
Metropolitan generating
Boston APCD. facilities in
certain cities and
towns and 2.2% for
smaller
facilities.
Effective 7/1/75
to 7/1/77.
7/11/75 8/22/77 42 FR 42218 6 Extends expiration
4/1/77 date from 7/1/77
to 7/1/78 except
for Eastman
Gelatin Corp.,
which must burn
1%.
4/20/78 11/30/78 43 FR 56040 6 Extends expiration
date from 7/1/78
to 7/1/79.

[[Page 122]]

Sulfur content of 12/28/78 5/21/79 44 FR 29453 20 Permanent extension
fuels and control to burn 2.2%.
thereof for
Metropolitan
Boston APCD.
4/25/80 1/27/81 46 FR 8476 34 Approves the
burning of 2.2% at
Natick Paperboard
Corp.
11/25/80 8/11/81 46 FR 40688 38 Approves the
increase to 2.2%
at Boston Edison
Mystic Generating
Station for 30
months from 8/11/
81 (expires 2/11/
84).
7/14/81 12/16/81 46 FR 61123 41 Approves burning of
2.2% at Haverhill
Paper Corp.
11/27/79 12/15/80 45 FR 82251 32 Allows the burning
of 2.2% at Proctor
and Gamble.
9/24/81 12/15/81 46 FR 61118 43 Approves burning of
2.2% at Eastman
Gelatin Corp.
12/7/83 9/25/84 49 FR 37592 65 Approves burning of
2.2% at Boston
Edison Mystic
Generating Station
until 3/25/87.
310 CMR 7.05(1)(e).. Sulfur content of 7/22/77 2/1/77 42 FR 5957 9 Approves 2.2%
fuels and control except for sources
thereof for listed in 52.1125.
Pioneer Valley
APCDs.
7/22/76 ........... ............ .......... ...................
8/22/77 6/21/78 43 FR 26573 9 Extends expiration
12/27/77 date to 7/1/79.
1/3/79 5/21/79 44 FR 29453 21 Permanent extension
to burn 2.2%
3/2/80 1/19/81 45 FR 4918 33 Approves the
burning of 2.2% at
all sources in
Franklin and
Hampshire Counties
rated at less than
100 mBtu except
Esleek
Manufacturing Co.,
and Millers Falls
Paper Co.
10/13/81 2/10/82 47 FR 6011 45 Approves the
burning of 2.2% at
Holyoke Gas and
Electric
Department,
Holyoke, MA.
7/18/84 2/15/90 55 FR 5449 77 Approves the
4/17/85 burning of 2.2%
3/16/87 and imposes fuel
11/25/87 use limits at
American Fiber and
Finishing Co.,
Erving Paper Co.,
and Westfield
River Paper Co.
310 CMR 7.05(1)(f).. Sulfur content of 12/30/76 9/2/77 42 FR 44235 12 Approves burning of
fuels and control 2.2% for sources
thereof for listed in 52.1126,
Southeastern APCD. all others must
continue to burn
1%.
12/30/76 9/8/78 43 FR 40010 12 Extends expiration
1/31/78 date from 5/1/78
to 7/1/79.
1/31/79 5/21/79 44 FR 29453 22 Permanent extension
to burn 2.2%.
310 CMR 7.05(2)..... U Fuels All 9/14/06 5/29/14 79 FR 30737 141 Removed landfill
Districts; U Use gas from
of Residual Fuel requirements of
Oil or Hazardous section.
Waste Fuel.
310 CMR 7.05(4)..... Ash content of 1/3/79 5/21/79 44 FR 29453 21 ...................
fuels for Pioneer
Valley for APCD.

[[Page 123]]

Ash content of 7/20/79 5/21/79 44 FR 29453 23 ...................
fuels for
Metropolitan
Boston APCD.
Ash content of 12/3/85 11/25/86 51 FR 42564 69 Includes Berkshire
fuels. 1/31/86 Air Pollution
2/11/86 Control District
to 7.05(4)(b)(2)
so facilities in
that district can
apply to burn
fossil fuel with
an ash content in
excess of 9 pct
bydry weight.
310 CMR 7.06........ Visible emissions.. 8/28/72 10/28/72 37 FR 23085 4 ...................
7/5/78 2/7/79 44 FR 7712 17 Approves New
England Power
Company, Salem
Harbor Station to
burn a coal oil
slurry.
12/28/79 8/12/80 45 FR 53476 17 Extension of
temporary revision
to allow
exceedance of 20%
capacity limit at
New England Power
Company's Salem
Harbor Station,
Salem, MA Unit 1
so can burn 30%
coal/70% oil
mixture until 12/
31/80.
310 CMR 7.07........ Open burning....... 12/9/77 9/29/78 43 FR 44841 16 Two revisions with
conditions to
permit open
burning of brush
cane, driftwood
and forest debris
for 2 months of
the year.
Open burning....... 9/28/79 6/17/80 45 FR 40987 27 Approves open
burning (as in (c)
16) from 1/15 to 5/
1 in certain areas
of the State.
310 CMR 7.08........ Incinerators....... 8/28/72 10/28/72 37 FR 23085 4 ...................
310 CMR 7.08(2), MWC NOX 1/11/99 9/2/99 64 FR 48098 119 Only approved NOX
except sections: requirements. related
(a); the definition requirements of
of ``Material state plan for
Separation Plan'' MWCs. The
in (c); (d)1; (d)2; following sections
(d)3; (d)4; (d)5; were not submitted
(d)6; (d)8; (f)1; as part of the
(f)2; (f)5; (f)6; SIP: (a), the
(f)7; (g)1; (g)2; definition of
(g)3; (g)4; (h)2.a; ``Material
(h)2.b; (h)2.d; Separation Plan''
(h)2.e; (h)2.g; in (c), (d)1,
(h)2.h; (h)4; (d)2, (d)3, (d)4,
(h)5.a; (h)5.c; (d)5, (d)6, (d)8,
(h)5.d; (h)9; (f)1, (f)2, (f)5,
(h)10; (h)13; (f)6, (f)7, (g)1,
(i)1.b; (i)1.g; (g)2, (g)3, (g)4,
(i)2.c; (i)2.d; (h)2.a, (h)2.b,
(i)2.e; and (k)3.. (h)2.d, (h)2.e,
(h)2.g, (h)2.h,
(h)4, (h)5.a,
(h)5.c, (h)5.d,
(h)9, (h)10,
(h)13, (i)1.b,
(i)1.g, (i)2.c,
(i)2.d, (i)2.e,
and (k)3.
310 CMR 7.08(2)..... MWC NOX 8/9/12 9/19/13 78 FR 57487 137 Facility specific
requirements. MWC Emission
Control Plan for
Wheelabrator
Saugus revises the
NOX limits to 185
ppm by volume at
7% O2 dry basis
(30-day rolling
average).
310 CMR 7.09........ Dust and odor...... 8/28/72 10/28/72 37 FR 23085 4 ...................

[[Page 124]]

12/9/77 9/29/78 43 FR 44841 16 Adds a requirement
that mechanized
street sweeping
equipment must be
equipped and
operated with a
suitable dust
collector or
suppression
system.
310 CMR 7.12........ Inspection 6/28/90; 3/21/96 61 FR 11560 106 The 6/28/90 and 9/
Certificate Record 9/30/92; 30/92 submittals
Keeping and 7/15/94 deal with the
Reporting. permitting
process. The 7/15/
94 submittal
develops 7.12 to
comply with
emission statement
requirements.
310 CMR 7.12........ U Source 5/31/01, 4/24/14 79 FR 22774 140 Revises
Registration. 8/23/05 & applicability
11/13/07 threshold emission
levels, expands
list of sources
required to report
emissions, and
clarifies types of
information
reported.
310 CMR 7.14(2)..... Continuous 11/21/86 3/10/89 54 FR 10148 72 References 40 CFR
Emissions 1/15/85 part 51, Appendix
Monitoring. P.
310 CMR 7.14(3)..... Continuous 11/21/86 3/10/89 54 FR 10148 72 Establishes
Emissions 1/15/87 compliance date
Monitoring. for meeting the
requirements of
7.14(2).
310 CMR 7.15........ Asbestos 8/28/72 10/28/72 37 FR 23085 4 ...................
application.
310 CMR 7.16........ Reduction to single 5/20/77 5/25/78 43 FR 22356 15 For Pioneer Valley
passenger commuter APCD.
vehicle use.
12/31/78 9/16/80 45 FR 61293 .......... Reduction of single
5/16/79 occupant commuter
vehicles.
310 CMR 7.17........ Coal conversion.... 9/7/78 5/14/79 44 FR 27991 19 Brayton Point
Station, New
England Power
Company.
1/22/82 6/9/82 47 FR 25007 49 Mount Tom Plant,
Holyoke, MA
Holyoke Water
Power Company.
310 CMR 7.18(1)..... U Applicability and 8/17/89 1/11/93 58 FR 3495 93 Approval of 310 CMR
Handling CMR 7.18(1), (a),
Requirements. (c), (d) and (e).
310 CMR 7.18(1)(a), U Applicability and 9/14/06 5/29/14 79 FR 30737 141 Added requirements
(c)-(f).. Handling for proper storage
Requirements. of volatile
organic compounds.
310 CMR 7.18(2)..... U Compliance with 8/27/82; 1/11/93 58 FR 3495 93 Approval of 310 CMR
Emission 8/17/89; 7.18(2), (2)(a),
Limitations. 6/7/91 (2)(b), (2)(c) and
(2)(e).
310 CMR 7.18(2)..... Compliance with 2/17/93 9/3/1999 64 FR 48304 c(117) Adds an exemption
emission for coatings used
limitations. in small amounts,
and a section on
daily weighted
averaging.
310 CMR 7.18(2)..... U Compliance with 9/14/06 5/29/14 79 FR 30737 141 Addition of daily
Emission weighted averaging
Limitations. provision.
310 CMR 7.18(2)(b).. Generic VOC bubble 3/6/81 3/29/82 47 FR 13143 42 Includes surface
for surface 11/12/81 coating of metal
coaters. cans, large
appliances, magnet
wire insulation,
automobiles, paper
fabric and vinyl.
Generic VOC bubble 6/24/80 7/12/82 47 FR 30060 47 Adds metal coils.
for surface
coaters.
Generic VOC bubble 3/29/95 8/8/96 61 FR 41338 112 Replaces earlier
for surface emissions
coaters. averaging rules
for surface
coaters.
7/21/81 6/2/82 47 FR 23927 48 Adds miscellaneous
3/10/81 metal parts and
products and
graphic arts-
rotogravure and
flexography.

[[Page 125]]

9/9/82 2/3/83 48 FR 5014 53 Adds metal
furniture.
310 CMR 7.18 (2)(e). Compliance with ......... 3/6/89 54 FR 9213 .......... Testing
emission requirements for
limitations. plan approvals
issued under 310
CMR 7.18(17).
310 CMR 7.18(3)..... Metal furniture 12/31/78 9/16/80 45 FR 61293 30 ...................
surface coating. 5/16/79
9/9/82 11/9/83 48 FR 51480 53 Adds test methods.
310 CMR 7.18(3)..... U Metal Furniture 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310
Surface Coating. 6/7/91 CMR 7.18(3).
310 CMR 7.18(3)(a).. U Metal Furniture 9/14/06 5/29/14 79 FR 30737 141 Minor wording
Coating. change.
310 CMR 7.18(4)..... Metal can surface 12/31/78 9/16/80 45 FR 61293 30
coating. 5/16/79
9/9/82 11/9/83 48 FR 51480 53 Adds test methods.
310 CMR 7.18(4)..... U Metal Can Surface 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310
Coating. 6/7/91 CMR 7.18(4).
310 CMR 7.18(4)(a).. U Metal Can Surface 9/14/06 5/29/14 79 FR 30737 141 Minor wording
Coating. change.
310 CMR 7.18(5)..... Large appliances 12/31/78 9/16/80 45 FR 61293 30 ...................
surface coating. 5/16/79
9/9/82 11/9/83 48 FR 51480 53 Adds test methods.
310 CMR 7.18(5)..... U Large Appliance 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310
Surface Coating. 6/7/91 CMR 7.18(5).
310 CMR 7.18(6)..... Magnet wire 12/31/78 9/16/80 45 FR 61293 30 ...................
insulation surface 5/16/79
coating.
9/9/82 11/9/83 48 FR 51480 53 Adds test methods.
310 CMR 7.18(6)..... U Magnet Wire 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310
Insulation Surface 6/7/91 CMR 7.18(6).
Coating.
310 CMR 7.18(7)..... Automobile surface 12/31/78 9/16/80 45 FR 61293 30 ...................
coating. 5/16/79
9/9/82 11/9/83 45 FR 51480 53 Adds test methods.
310 CMR 7.18(7)..... Automobile Surface 8/17/89, 10/8/92 57 FR 46316 92
Coating. 6/7/91
310 CMR 7.18(7)..... Automobile surface 2/17/93 9/3/1999 64 FR 48304 c(117) Revises a limit for
coating. primer surface
coating.
310 CMR 7.18(8)..... Solvent metal 12/31/78 9/16/80 45 FR 61293 30 Conditional
degreasing. 5/16/79 approval requiring
controls for small
solvent metal
degreasers.
8/13/83 11/9/83 48 FR 51480 53 Approves public
education program
for small
degreasers and
removes
conditional
approval.
310 CMR 7.18(8)..... Solvent Metal 2/17/93 9/3/1999 64 FR 48304 c(117) Adds a
Degreasing. typographical
correction.
310 CMR 7.18(8)..... U Solvent Metal 8/17/89 1/11/93 58 FR 3495 93 Approval of 310 CMR
Degreasing. 7.18(8), (8)(d),
(8)(d)1., (8)(e),
(8)(f) and (8)(g).
310 CMR 7.18(8)..... U Solvent Metal 6/7/91 6/30/93 58 FR 34911 58 Approval of 310 CMR
Degreasing. 7.18 (8), (8)(a),
(8)(a)1.,
(8)(a)2.,
(8)(a)3.,
(8)(a)4.,
(8)(a)5.,
(8)(a)6., (8)(b),
(8)(b)1.,
(8)(b)2.,
(8)(b)3.,
(8)(b)4.,
(8)(b)5.,
(8)(b)6.,
(8)(b)7.,
(8)(b)8.,
(8)(b)9.,
(8)(b)10.,
(8)(b)11.,
(8)(b)12.,
(8)(b)13., (8)(c),
(8)(c)1.,
(8)(c)2.,
(8)(c)3.,
(8)(c)4.,
(8)(c)5.,
(8)(c)6.,
(8)(c)7.,
(8)(c)8.,
(8)(c)9.,
(8)(d)2., (8)(d)3.

[[Page 126]]

310 CMR 7.18(8)..... Solvent Metal 6/1/10 9/13/2013 78 FR 54960 138
Degreasing.
310 CMR 7.18(9)..... Cutback asphalt.... 12/31/78 9/16/80 45 FR 61293 30 ...................
5/16/79
9/9/82 11/9/83 48 FR 51480 53 Adds an exemption.
310 CMR 7.18(9)..... U Cutback Asphalt.. 8/17/89 1/11/93 58 FR 3495 93 Replacement of 310
CMR 7.18(9).
310 CMR 7.18(10).... Surface coating of 6/24/80 7/12/82 47 FR 30060 47 Approves and adds
metal coils. to 310 CMR
7.18(2)(b).
9/9/82 11/9/83 48 FR 51480 53 Adds test methods
and removes
extended
compliance
schedule.
310 CMR 7.18(10).... U Metal Coil 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310
Coating. 6/7/91 CMR 7.18(10).
310 CMR 7.18(11).... Surface coating of 7/21/81 6/2/82 47 FR 23927 48 Adds to 310 CMR
miscellaneous 3/10/82 7.18(2)(b).
metal parts and
products.
9/9/82 11/9/83 48 FR 51480 53 Adds test methods.
310 CMR 7.18(11).... Surface coating of 2/17/93 9/3/1999 64 FR 48304 c(117) Revises a
miscellaneous reference.
metal parts and
products.
310 CMR 7.18(11).... U Surface Coating 8/17/89 1/11/93 58 FR 3495 93 Approval of 310 CMR
of Miscellaneous 7.18(11), (11)(b),
Metal Parts and (11)(c), (11)(d)
Products. and (11)(e).
310 CMR 7.18(11).... U Surface Coating 6/7/91 6/30/93 58 FR 34911 58 Approval of 310 CMR
of Miscellaneous 7.18 (11),
Metal Parts and (11)(a),
Products. (11)(a)1.,
(11)(a)2.,
(11)(a)3.
310 CMR 7.18(11)(a)- U Surface Coating 9/14/06 5/29/14 79 FR 30737 141 Wording revision to
(d)4.. of Miscellaneous clarify exemption
Metal Parts and requirements.
Products.
310 CMR 7.18(12).... Graphic arts....... 2/17/93 9/3/1999 64 FR 48304 c(117) Amends
applicability to
50 tons per year
VOC.
310 CMR 7.18(12).... Graphic arts- 7/21/81 6/2/82 47 FR 23927 48 Adds to 310 CMR
rotogravure and 3/10/82 7.18(2)(b).
flexography.
9/9/82 11/9/83 48 FR 51480 53 ...................
310 CMR 7.18(12).... U Graphic Arts..... 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310
6/7/91 CMR 7.18(12).
310 CMR 7.18(13).... Perchloroethylene 7/21/81 6/2/82 47 FR 23927 48 ...................
dry cleaning 3/10/82
systems.
9/9/82 11/9/83 48 FR 51480 53 Adds test methods.
310 CMR 7.18(13).... U Dry Cleaning 8/17/89 1/11/93 58 FR 3495 93 Approval of 310 CMR
Systems-Percholor- 7.18(13), (13)(c),
ethylene. (13)(d) and
(13)(e). 310 CMR
7.18(13)(a) 8. has
been deleted.
310 CMR 7.18(14).... Paper surface 3/6/81 3/8/82 47 FR 9836 40 ...................
coating.
9/9/82 11/9/83 48 FR 51480 53 Adds test methods.
310 CMR 7.18(14).... U Paper Surface 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310
Coating. 6/7/91 CMR 7.18(14).
310 CMR 7.18(15).... Fabric surface 3/6/81 3/8/82 47 FR 9836 40 ...................
coating.
9/9/82 11/9/83 48 FR 51480 53 Adds test methods.
310 CMR 7.18(15).... U Fabric Surface 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310
Coating. 6/7/91 CMR 7.18(15).
310 CMR 7.18(16).... Vinyl surface 3/6/81 3/8/82 47 FR 9836 40 ...................
coating.
9/9/82 11/9/83 48 FR 51480 53 Adds test methods.
310 CMR 7.18(16).... U Vinyl Surface 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310
Coating. 6/7/91 CMR 7.18(16).
310 CMR 7.18(17).... RACT............... 9/9/82 11/9/83 48 FR 51480 53 All 100 ton per
year sources not
covered by a CTG.

[[Page 127]]

RACT............... ......... 3/6/89 54 FR 9213 .......... Enforceability of
plan approvals
issued under 310
CMR 7.18(17).
6/20/89 11/3/89 54 FR 46388 81 RACT for Cranston
Print Works
Company dated June
20, 1989.
7/12/89 11/8/89 54 FR 46895 80 RACT for Spalding
Corporation Plan
Approval dated
October 7, 1985
and amended Plan
Approval dated
July 12, 1989.
8/8/89 11/8/89 54 FR 46897 82 RACT for Duro
Textile Printers
(SM-85-168-IF).
6/20/89 2/21/90 55 FR 5990 79 RACT Compliance
Plan Conditional
Approval for
Monsanto Chemical
Company in Indian
Orchard dated 6/20/
89.
11/17/89 8/3/90 55 FR 31590 85 RACT for Boston
Whaler in Norwell.
Amended Plan
Approval 4P89005
dated October 19,
1989 and Plan
Approval 4P89005
Correction dated
Nov. 17, 1989.
11/17/89 8/3/90 55 FR 31593 86 RACT for Boston
Whaler in
Rockland. Amended
Plan Approval
(4P89006) dated
October 19, 1989
and Plan Approval
4P89006 Correction
dated November 17,
1989.
Non-CTG RACT 11/2/89 11/27/90 55 FR 34915 87 RACT for Philips
determination. Lighting Company
in Lynn, MA, dated
November 2, 1989.
RACT............... 7/9/90 2/19/91 56 FR 6569 89 RACT for General
Motors Corporation
in Framingham.
Amended Plan
Approval dated
June 8, 1990.
RACT............... 6/13/90 2/27/91 56 FR 8132 88 RACT for Acushnet
Company, Titleist
Golf Division,
Plant A in New
Bedford. Amended
Plan Approval
dated June 1,
1990.
RACT............... 10/16/90 3/20/91 56 FR 11677 90 RACT for Erving
Paper Mills.
RACT............... 4/22/90 10/8/91 56 FR 50660 91 RACT amendment for
Erving.
310 CMR 7.18(17).... RACT............... 5/13/91 12/14/92 57 FR 58993 95 RACT for Dartmouth
Finishing
Corporation.
310 CMR 7.18(17).... U Reasonable 8/17/89; 1/11/93 58 FR 3495 93 Approval of 310 CMR
Available Control 6/7/91 7.18(17), (17)(a),
Technology. (17)(b), (17)(c),
(17)(d), (17)(e)
and (17)(f).
310 CMR 7.18(17).... RACT............... 5/22/92 7/28/94 59 FR 38374 (99) RACT Approval for
S. Bent & Bros.
310 CMR 7.18(17).... RACT............... 7/19/93 1/6/95 60 FR 2017 100 RACT Approval for
1993 Nichols & Stone
Co.
310 CMR 7.18(17).... Reasonably 3/31/94 3/6/95 60 FR 12125 104 RACT for Brittany
Available Control Dyeing and
Technology. Finishing of New
Bedford, MA.

[[Page 128]]

310 CMR 7.18(17).... Reasonable 2/17/93 9/3/1999 64 FR 48304 c(117) Adds new VOC RACT
available control requirements in
technology. the Springfield,
Mass. ozone
nonattainment area
only.
310 CMR 7.18(17).... Reasonable 2/17/93 10/4/02 67 FR 62183 129 Approves VOC RACT
Available Control requirements for
Technology. the eastern
Massachusetts
ozone
nonattainment
area. (These
requirements were
previously
approved for the
western
Massachusetts
ozone
nonattainment
area.)
310 CMR 7.18(17).... Reasonable 10/7/99 10/4/02 67 FR 62183 129 VOC RACT plan
Available Control approval for
Technology. Gilette.
310 CMR 7.18(17).... Reasonable 10/7/99 10/4/02 67 FR 62183 129 VOC RACT plan
Available Control approval for
Technology. Norton.
310 CMR 7.18(17).... Reasonable 4/16/99 10/4/02 67 FR 62183 129 VOC RACT plan
Available Control approval for Rex.
Technology.
310 CMR 7.18(17).... Reasonable 4/16/99 10/4/02 67 FR 62183 129 VOC RACT plan
Available Control Available for
Technology. Barnet.
310 CMR 7.18(18).... Polystyrene Resin 2/21/86; 8/31/87 52 FR 32792 73 Regulation pursuant
Manufacture. 2/25/86; to Group III CTG,
6/23/86 ``Control of VOC
Emissions from the
Manufacture of
Polystyrene
Resins''.
310 CMR 7.18(18).... U Polystyrene Resin 8/17/89; 1/11/93 58 FR 3495 93 Replacement of 310
Manufacturing 6/7/91 CMR 7.18(18).
Technology.
310 CMR 7.18(19).... Synthetic organic 11/5/86; 11/19/87 52 FR 44395 74
chemical 12/10/86
manufacture.
310 CMR 7.18(19)(h), Synthetic Organic 9/14/06 5/29/14 79 FR 30737 141 Clarification of
(i). Chemical quarterly
Manufacture. reporting
submittal date.
310 CMR 7.18(20).... Emission Control 2/17/93 9/3/1999 64 FR 48304 c(117) Adds new VOC RACT
Plans for requirements.
implementa-tion of
reasonably
available control
technology.
310 CMR 7.18(20).... Emission Control 9/14/06 5/29/14 79 FR 30737 141 Clarification of
Plans for exemption
Implementation requirements, and
Reasonably inclusion of
Available Control provision allowing
Technology. for additional
requirements such
as stack testing
or emissions
monitoring.
310 CMR 7.18(21).... Surface coating of 2/17/93 9/3/1999 64 FR 48304 c(117) Adds VOC RACT for
plastic parts. plastic parts
surface coating.
310 CMR 7.18(21)(a)- Surface Coating of 9/14/06 5/29/14 79 FR 30737 141 Added language
(d), (f)-(i). Plastic Parts. strengthening
compliance
obligations.
310 CMR 7.18(22).... Leather surface 2/17/93 9/3/1999 64 FR 48304 c(117) Adds VOC RACT for
coating. leather surface
coating.
310 CMR 7.18(22)(a)- Leather Surface 9/14/06 5/29/14 79 FR 30737 141 Added language
(c). Coating. strengthening
compliance
obligations.
310 CMR 7.18(23).... Wood products 2/17/93 9/3/1999 64 FR 48304 c(117) Adds VOC RACT for
surface coating. wood product
surface coating.
310 CMR 7.18(23)(b)- Wood Products 9/14/06 5/29/14 79 FR 30737 141 Added language
(i). Surface Coating. strengthening
compliance
obligations.

[[Page 129]]

310 CMR 7.18(24).... Flat wood paneling 2/17/93 9/3/1999 64 FR 48304 c(117) Adds VOC RACT for
surface coating. flat wood paneling
surface coating.
310 CMR 7.18(24)(a)- Flat Wood Paneling 9/14/06 5/29/14 79 FR 30737 141 Added language
(c), (h), (i). Surface Coating. strengthening
compliance
obligations.
310 CMR 7.18(25).... Offset lithographic 2/17/93 9/3/1999 64 FR 48304 c(117) Adds VOC RACT for
printing. offset
lithographic
printing.
310 CMR 7.18(25)(a)- Offset Lithographic 9/14/06 5/29/14 79 FR 30737 141 Added language
(c). Printing. strengthening
compliance
obligations.
310 CMR 7.18(26).... Textile finishing 2/17/93 9/3/1999 64 FR 48304 c(117) Adds VOC RACT for
textile finishing.
310 CMR 7.18(26)(c)- Textile Finishing.. 9/14/06 5/29/14 79 FR 30737 141 Added language
(i). strengthening
compliance
obligations.
310 CMR 7.18(27).... Coating mixing 2/17/93 9/3/1999 64 FR 48304 c(117) Adds VOC RACT for
tanks. coating mixing
tanks.
310 CMR 7.18(27).... Coating Mixing 9/14/06 5/29/14 79 FR 30737 141 Minor wording
Tanks. changes to improve
clarity of
regulation.
310 CMR 7.18(28).... Automotive 01/09/95 2/14/96 61 FR 5699 109 Reasonably
Refinishing. Available Control
Technology
Requirement (RACT)
for automotive
refinishing.
310 CMR 7.18(28).... Automotive 9/14/06 5/29/14 79 FR 30737 141 New emission
Refinishing. limits, labeling,
recordkeeping
requirements, and
exemptions added.
310 CMR 7.18(29).... Bakeries........... 03/29/95 7/5/00 65 FR 41346 110 Reasonably
Available Control
Technology
Requirement (RACT)
for bakeries.
310 CMR Bakeries........... 9/14/06 5/29/14 79 FR 30737 141 Updated cross
7.18(29)(c)(2). reference.
310 CMR 7.19........ Interim sulfur-in- 9/12/80 3/19/81 46 FR 17551 37 Energy/environment
fuel limitations initiative.
for fossil fuel
utilization
facilities pending
conversion to an
alternate fuel or
implementation of
permanent energy
conservation
measures.
12/29/81 4/13/82 47 FR 15790 46 ATF Davidson
Company,
Northbridge, MA
temporary sulfur-
in-fuel revision
until 12/1/83.
9/28/82 12/1/82 47 FR 54072 52 Polaroid Corp.,
Waltham, MA
temporary sulfur/
in/fuel relaxation
until 6/1/85.
......... 6/2/83 48 FR 24689 52 Correction notice.
9/29/82 11/23/82 47 FR 52704 51 Northeast Petroleum
Corp., Chelsea, MA
sulfur content
increase from 0.28
to 0.55 lbs/mBtu
heat release
potential
permanently.
4/4/83 3/23/84 49 FR 11092 59 Stanley Woolen Co.,
Uxbridge, to burn
2.2% until 9/23/
86.
10/31/83 3/23/84 49 FR 11091 61 Reed and Barton
Silversmiths,
Taunton, to burn
2.2% until 9/23/
86.
11/16/83 7/30/84 49 FR 30306 62 ATF Davidson
Company,
Northbridge, to
burn 2.2%
permanently.

[[Page 130]]

2/2/84 6/15/84 49 FR 24723 63 American Biltrite
Corporation,
Chelsea, to burn
1.0% until 12/15/
86.
7/11/84 9/25/84 49 FR 37591 67 James River
Corporation, Hyde
Park Mill, Boston
to burn 2.2% until
3/25/87.
2/8/85, 4/1/86 51 FR 11021 68 Phillips Academy,
10/23/85 Andover, MA to
burn 2.2% until
September 1, 1988.
Interim sulfur-in- 2/19/86 8/12/86 51 FR 28814 70 Mary Ellen
fuel limitations McCormick and
for fossil fuel Malverick Family
utilities pending Development
conversion to an facilities in the
alternative fuel Boston Housing
or implementation Authority, Boston
of permanent to burn 2.2% until
energy February 12, 1989.
conservation
measures.
5/12/86 11/25/86 51 FR 42565 71 Mission Hill
Extension Family
Development
facility, in the
Boston Housing
Authority, Boston,
MA to burn 2.2%
until May 25,
1989.
310 CMR 7.19........ NOX RACT........... 7/15/94 9/2/99 64 FR 48098 119 NOX RACT
regulations.
310 CMR 7.19........ NOX RACT........... 10/4/96 9/2/99 64 FR 48098 119 Facility specific
NOX RACT for
Specialty
Minerals,
Incorporated.
310 CMR 7.19........ NOX RACT........... 12/2/96 9/2/99 64 FR 48098 119 Facility specific
NOX RACT for
Monsanto Company's
Indian Orchard
facility.
310 CMR 7.19........ NOX RACT........... 4/16/99 9/2/99 64 FR 48098 119 Facility specific
NOX RACT for
Turners Falls
Limited
Partnership/Indeck
Energy Services
Turners Falls,
Inc., in Montague.
310 CMR 7.19........ NOX RACT........... 4/16/99 9/2/99 64 FR 48099 119 Facility specific
NOX RACT for
Medusa Minerals
Company in Lee.
310 CMR 7.19........ NOX RACT........... 4/16/99 9/2/99 64 FR 48099 119 Approval of the
replacement of
section 310 CMR
7.19(1)(c)1,
(1)(c)8, (2)(b),
(3)(a), (3)(c)2,
(4)(a)3.b,
(7)(a)4, (9),
(13)(a), (13)(a)3,
(13)(a)9, and
(13)(a)13.
310 CMR 7.19........ NOX RACT........... 12/30/11 9/19/13 78 FR 57487 137 Facility specific
NOX RACT for
General Electric
Aviation Boiler
No. 3 to cap
annual SO2 and NOX
emissions at 249.0
tons each.
310 CMR NOX RACT........... 8/9/01; 1/ 5/29/14 79 FR 30737 141 Updates to sections
7.19(1)(c)(9), 18/02 pertaining to
(4)(b)(3)d, (f), applicability,
(5)d. large boilers, and
medium size
boilers.
310 CMR 7.19 (2)(d). Generic NOX 3/29/95 8/8/96 61 FR 41338 112 Adds credit
bubbling and creation option
trading for RACT for NOX RACT
sources. sources.
310 CMR 7.19 (2)(g). Generic NOX 3/29/95 8/8/96 61 FR 41338 112 Adds credit use
bubbling and option for NOX
trading for RACT RACT sources.
sources.
310 CMR 7.19(13)(a), NOX RACT........... 9/14/06 5/29/14 79 FR 30737 141 Updates to
(c). applicability and
stack testing
requirements.

[[Page 131]]

310 CMR 7.19(13)(b). Continuous 11/19/99 12/27/00 65 FR 81747 124 revisions to
Emissions regulatory
Monitoring Systems. language.
310 CMR 7.19 (14)... Generic NOX 3/29/95 8/8/96 61 FR 41338 112 Adds
bubbling for RACT quantification,
sources. testing,
monitoring, record
keeping,
reporting, and
emission control
plan requirements
for averaging NOX
RACT sources.
310 CMR 7.24........ U Organic Material 6/7/91, 6/30/93 58 FR 34911 58 Replacement of 310
Storage and 11/13/92, CMR 7.24, 7.24(1),
Distribution. 2/17/93 7.24(2), 7.24(3),
and 7.24(4).
310 CMR 7.24(1)..... U Organic Material 9/14/06 5/29/14 79 FR 30737 141 Updates to
Storage and requirements for
Distribution. organic material
storage tanks,
effective 9/23/05.
310 CMR 7.24(3)..... Distribution of 2/17/93 9/3/1999 64 FR 48304 c(117) Amends distribution
motor vehicle fuel. of motor fuel
requirements,
applicability,
recordkeeping and
testing
requirements.
310 CMR 7.24(4)..... U Organic Material 9/14/06 5/29/14 79 FR 30737 141 Updates to
Storage and requirements for
Distribution. motor vehicle fuel
tank trucks,
effective 6/2/06.
310 CMR 7.24(5)(b)2. Revision to 10/16/89 4/19/90 55 FR 14832 83 *****
gasoline
volatility testing
regulation.
310 CMR 7.24(6)..... ``Dispensing of 05/17/90, 12/14/92 57 FR 58996 97
Motor Vehicle 06/07/91
Fuel'' (Stage II).
310 CMR 7.24(6)..... Dispensing of motor 2/17/93 9/15/93 58 FR 48318 98 Previous version of
vehicle fuel. rule approved as
strengthening the
Massachusetts SIP.
Revised rule being
approved as
meeting the Clean
Air Act
requirements.
310 CMR 7.24(6)..... Dispensing Motor 08/09/00 12/18/00 65 FR 78976 116 Rule revised to
Vehicle Fuel. 09/11/00 include annual
compliance testing
and certification.
310 CMR 7.24(6)..... Dispensing of Motor 6/1/10 9/13/2013 78 FR 54960 138
Vehicle Fuel.
310 CMR 7.24(8)..... Marine Volatile 10/17/97 4/11/00 65 FR 19326 115 ...................
Organic Liquid
Transfer.
310 CMR 7.25........ Best available 11/18/94 12/19/95 60 FR 65242 108 Includes
controls for architectural &
consumer and industrial
commercial maintenance
products. coatings.
310 CMR 7.25........ Best Available 7/30/96 4/11/00 65 FR 19327 115 Definition of
Controls for ``waterproofing
Consumer and sealer'' revised.
Commercial
Products.
310 CMR 7.26........ Industry 12/30/11 9/19/13 78 FR 57487 137 Only approving the
Performance Outdoor Hydronic
Standards. Heaters (50)-(54).
310 CMR 7.26(30)- Industry 11/13/07 4/24/14 79 FR 22774 140 Sets standards for
(37). Performance certain types of
Standards--U new boilers:
Boilers. replaces
requirements to
obtain a plan
approval under 310
CMR 7.02(2).
310 CMR 7.27........ NOX Allowance 12/19/97 6/2/99 64 FR 29569 (c)(118) Approval of NOx cap
Program. and allowance
trading
regulations

[[Page 132]]

11/19/99 12/27/00 65 FR 81747 124 adding paragraphs
7.27(6)(m),
7.27(9)(b),
7.27(11)(o),
7.27(11)(p) and
7.27(15)(e).
310 CMR 7.28........ NOX Allowance January 12/27/00 65 FR 81747 124 ...................
Trading Program. 7, 2000
310 CMR 7.28........ NOX Allowance 03/30/07 12/3/07 72 FR 67854 135
Trading Program.
................... 03/30/07 12/3/07 72 FR 67854 135 Massachusetts
Regulation Filing,
dated April 19,
2007, sub-
stantiating May 4,
2007, State
effective date for
amended 310 CMR
7.28 ``NOX
Allowance Trading
Program.''
310 CMR 7.29........ Emissions Standards 8/9/2012 9/19/13 78 FR 57487 137 Only approving the
for Power Plants. SO2 and NOX
requirements.
310 CMR 7.29........ Emission Standards 8/9/2012 9/19/13 78 FR 57487 137 Facility specific
for Power Plants. Emission Control
Plan requirement
for Brayton Point
Station Unit 1, 2,
3, and 4 which
disallows the use
of 310 CMR 7.29
SO2 Early
Reduction Credits
or Federal Acid
Rain allowances
for compliance
with 310 CMR 7.29
after June 1,
2014.
310 CMR 7.29........ Emission Standards 8/9/2012 9/19/13 78 FR 57487 137 Facility specific
for Power Plants. Emission Control
Plan requirement
for Mt. Tom
Station which
disallows the use
of 310 CMR 7.29
SO2 Early
Reduction Credits
or Federal Acid
Rain allowances
for compliance
with 310 CMR 7.29
after October 1,
2009.
310 CMR 7.29........ Emission Standards 8/9/2012 9/19/13 78 FR 57487 137 Facility specific
for Power Plants. Emission Control
Plan for Salem
Harbor Station
Units 1, 2, 3, and
4 which limits NOX
emissions from
Unit 1 to 276 tons
per rolling 12
month period
starting 1/1/2012,
limits NOX
emissions for Unit
2 to 50 tons per
rolling 12 month
period starting 1/
1/2012, limits SO2
emissions form
Unit 2 to 300 tons
per rolling 12
month period
starting 1/1/2012,
shuts down units 3
and 4 effective 6/
1/2014.
310 CMR 7.30........ Massport/Logan 12/26/00 March 12, 66 FR 14319 130 Applies to the
Airport Parking 2001 parking of motor
Freeze. vehicles on
Massport property.
310 CMR 7.31........ City of Boston/East 12/26/00 March 12, 66 FR 14319 130 Applies to the
Boston Parking 2001 parking of motor
Freeze. vehicles within
the area of East
Boston.
310 CMR 7.32........ Massachusetts Clean 03/30/07 12/3/07 72 FR 67854 135
Air Interstate
Rule (Mass CAIR).

[[Page 133]]

................... 03/30/07 12/3/07 72 FR 67854 135 Mass-achusetts
Regulation Filing,
dated April 19,
2007, sub-
stantiating May 4,
2007, State
effective date for
adopted 310 CMR
7.32 `` Mass-
achusetts Clean
Air Interstate
Rule (Mass
CAIR).''
310 CMR 7.33........ City of Boston/ 7/30/93 10/15/96 61 FR 53633 111 Applies to the
South Boston parking of motor
Parking Freeze. vehicles within
the area of South
Boston, including
Massport property
in South Boston.
310 CMR 7.36........ Transit system 12/9/91 10/4/94 59 FR 50498 101 Transit system
improvements improvement
regulations. regulation for
Boston
metropolitan area.
310 CMR 7.36........ Transit system 12/13/06 07/31/08 73 FR 44654 136 Amendments to
improvements Transit System
regulation. Improvements
Regulation.
................... 12/13/06 07/31/08 73 FR 44654 136 Massachusetts
Regulation Filing,
dated November 16,
2006,
substantiating
December 1, 2006,
State effective
date for amended
310 CMR 7.36
entitled ``Transit
System
Improvements.''
310 CMR 7.37........ High occupancy 12/9/91 10/4/94 59 FR 50498 101 High occupancy
vehicle lanes vehicle lanes
regulation. regulation for
Boston
metropolitan area.
310 CMR 7.38........ Tunnel vent 1/30/91 10/8/92 57 FR 46312 96 Tunnel ventilation
certification certification
regulation. regulation for
Boston
metropolitan area.
310 CMR 7.38........ Tunnel vent 7/12/06 2/15/08 73 FR 8818 134 Amendments to
certification Certification of
regulation. Tunnel Ventilation
Systems in the
Metropolitan
Boston Air
Pollution Control
District.
7/12/06 2/15/08 73 FR 8818 134 Massachusetts
Regulation Filing,
dated December 13,
2005,
substantiating
December 30, 2005,
State effective
date for amended
310 CMR 7.38
``Certification of
Tunnel Ventilation
Systems in the
Metropolitan
Boston Air
Pollution Control
District.''
310 CMR 7.40........ Low emission 11/15/93 2/1/95 60 FR 6030 103 Substitute for
vehicle. 05/11/94 CFFP.
310 CMR 7.40........ Low Emission 12/24/99 12/23/02 67 FR 78181 132 ``Low Emission
Vehicle Program. Vehicle Program''
(LEV II) except
for 310 CMR
7.40(2)(a)5, 310
CMR 7.40(2)(a)6,
310 CMR
7.40(2)(c)3, 310
CMR 7.40(10), and
310 CMR 7.40(12)
310 CMR 7.50........ Variances, 9/14/74 10/8/76 41 FR 44395 7
regulations for
control of air
pollution in the
six MA APCDs.
9/14/74 2/4/77 42 FR 6812 7 Correction.

[[Page 134]]

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

[49 FR 49454, Dec. 20, 1984]

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

Sec. 52.1168 Certification of no sources.

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

[52 FR 32792, Aug. 31, 1987]

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

On December 30, 1985, the Massachusetts Department of Environmental
Quality Engineering (DEQE) submitted a revision to the Massachusetts
State Implementation Plan (SIP) for the automobile surface coating
regulation. This revision requested an extension of the final compliance
dates to implement reasonably available control technology (RACT) on
topcoat and final repair applications. As a result of EPA's disapproval
of this revision, the existing compliance date of December

[[Page 135]]

31, 1985 specified in the automobile surface coating regulation
contained in the Massachusetts SIP will remain in effect (Massachusetts
Regulation 310 CMR 7.18(7) as approved by EPA and codified at 40 CFR
52.1120(c)(30) and (53)).

[53 FR 36014, Sept. 16, 1988]

Sec. 52.1169 Stack height review.

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

[52 FR 49407, Dec. 31, 1987]

Subpart X_Michigan

Sec. 52.1170 Identification of plan.

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

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

[[Page 136]]

Part 1. General Provisions
----------------------------------------------------------------------------------------------------------------
R 336.1101....................... Definitions; A...... 4/27/93 9/7/94, 59 FR 46182. Only: actual
emissions, air-
dried coating, air
quality standard,
allowable
emissions, and
alternate opacity.
2/22/85 6/11/92, 57 FR 24752
R 336.1102....................... Definitions; B...... 3/28/2008 12/16/2013, 78 FR
76064.
R 336.1103....................... Definitions; C...... 3/28/2008 12/16/2013, 78 FR
76064.
R 336.1104....................... Definitions; D...... 3/28/2008 12/16/2013, 78 FR
76064.
R 336.1105....................... Definitions; E...... 3/28/2008 12/16/2013, 78 FR
76064.
R 336.1106....................... Definitions; F...... 2/22/85 6/11/92, 57 FR 24752
R 336.1107....................... Definitions; G...... 5/27/02 2/24/03, 68 FR 8550.
R 336.1108....................... Definitions; H...... 5/27/02 2/24/03, 68 FR 8550.
R 336.1109....................... Definitions: I...... 3/28/2008 12/16/2013, 78 FR
76064.
R 336.1112....................... Definitions; L...... 3/28/2008 12/16/2013, 78 FR
76064.
R 336.1113....................... Definitions: M...... 3/28/2008 12/16/2013, 78 FR
76064.
R 336.1114....................... Definitions; N...... 3/28/2008 12/16/2013, 78 FR
76064.
R 336.1115....................... Definitions; O...... 8/21/81 7/26/82, 47 FR 32116
R 336.1116....................... Definitions; P...... 11/30/2012 4/4/14, 79 FR 18802.
R 336.1118....................... Definitions; R...... 5/27/02 2/24/03, 68 FR 8550.
R 336.1119....................... Definitions; S...... 2/22/85 6/11/92, 57 FR 24752
R 336.1120....................... Definitions; T...... 5/27/02 2/24/03, 68 FR 8550.
R 336.1121....................... Definitions; U...... 4/20/89 9/15/94, 59 FR 47254
R 336.1122....................... Definitions; V...... 11/30/2012 4/4/14, 79 FR 18802.
R 336.1123....................... Definitions; W...... 8/21/81 7/26/82, 47 FR 32116
R 336.1127....................... Terms defined in the 1/18/80 5/6/80, 45 FR 29790.
act.
----------------------------------------------------------------------------------------------------------------
Part 2. Air Use Approval
----------------------------------------------------------------------------------------------------------------
R 336.1201....................... Permits to install.. 1/18/80 5/6/80, 45 FR 29790.
R 336.1202....................... Waivers of approval. 1/18/80 5/6/80, 45 FR 29790.
R 336.1203....................... Information required 1/18/80 5/6/80, 45 FR 29790.
R 336.1204....................... Authority of agents. 1/18/80 5/6/80, 45 FR 29790.
R 336.1206....................... Processing of 1/18/80 5/6/80, 45 FR 29790.
applications for
other facilities.
R 336.1207....................... Denial of permits to 1/18/80 5/6/80, 45 FR 29790.
install.
R 336.1208....................... Permits to operate.. 1/18/80 5/6/80, 45 FR 29790.

[[Page 137]]

R 336.1221....................... Construction of 7/17/80 1/12/82, 47 FR 1292.
sources of
particulate matter,
sulfur dioxide, or
carbon monoxide in
or near
nonattainment
areas; conditions
for approval.
R 336.1240....................... Required air quality 1/18/80 5/6/80, 45 FR 29790.
models.
R 336.1241....................... Air quality modeling 1/18/80 5/6/80, 45 FR 29790.
demonstration
requirements.
R 336.1280....................... Permit system 1/18/80 5/6/80, 45 FR 29790.
exemptions; cooling
and ventilation
equipment.
R 336.1281....................... Permit system 1/18/80 5/6/80, 45 FR 29790.
exemptions;
cleaning, washing
and drying
equipment.
R 336.1282....................... Permit system 1/18/80 5/6/80, 45 FR 29790.
exemptions; cooling
and ventilation
equipment.
R 336.1283....................... Permit system 7/17/80 8/28/81, 46 FR 43422
exemptions; testing
and inspection
equipment.
R 336.1284....................... Permit system 1/18/80 5/6/80, 45 FR 29790.
exemptions;
containers.
R 336.1285....................... Permit system 1/18/80 5/6/80, 45 FR 29790.
exemptions;
miscellaneous.
----------------------------------------------------------------------------------------------------------------
Part 3. Emission Limitations and Prohibitions--Particulate Matter
----------------------------------------------------------------------------------------------------------------
R 336.1301....................... Standards for 3/19/02 6/1/06, 71 FR 31093.
density of
emissions.
R 336.1303....................... Grading visible 3/19/02 6/1/06, 71 FR 31093.
emissions.
R 336.1310....................... Open burning........ 2/3/99 6/28/02, 67 FR 43548
R 336.1330....................... Electrostatic 3/19/02 6/1/06, 71 FR 31093.
precipitation
control systems.
R 336.1331....................... Emissions of 3/19/02 6/1/06, 71 FR 31093. All except Table 31,
particulate matter. section C.8.
1/18/80 5/22/81, 46 FR 27923 Only Table 31
Section C.7,
preheater
equipment.
R 336.1349....................... Coke oven compliance 2/22/85 6/11/92, 57 FR 24752
date.
R 336.1350....................... Emissions from larry- 2/22/85 6/11/92, 57 FR 24752
car charging of
coke ovens.
R 336.1351....................... Charging hole 2/22/85 6/11/92, 57 FR 24752
emissions from coke
ovens.
R 336.1352....................... Pushing operation 2/22/85 6/11/92, 57 FR 24752
fugitive emissions
from coke ovens.
R 336.1353....................... Standpipe assembly 2/22/85 6/11/92, 57 FR 24752
emissions during
coke cycle from
coke ovens.
R 336.1354....................... Standpipe assembly 2/22/85 6/11/92, 57 FR 24752
emissions during
decarbonization
from coke ovens.
R 336.1355....................... Coke oven gas 1/18/80 5/55/81, 46 FR 27923
collector main
emissions from slot-
type coke ovens.
R 336.1356....................... Coke oven door 2/22/85 6/11/92, 57 FR 24752
emissions from coke
ovens; doors that
are 5 meters or
shorter.
R 336.1357....................... Coke oven door 2/22/85 6/11/92, 57 FR 24752
emissions from coke
oven doors; doors
that are taller
than 5 meters.
R 336.1358....................... Roof monitor visible 4/30/98 6/1/06, 71 FR 31093.
emissions at steel
manufacturing
facilities from
electric arc
furnaces and blast
furnaces.

[[Page 138]]

R 336.1359....................... Visible emissions 2/22/85 6/11/92, 57 FR 24752
from scarfer
operation stacks at
steel manufacturing
facilities.
R 336.1360....................... Visible emissions 2/22/85 6/11/92, 57 FR 24752
from coke oven push
stacks.
R 336.1361....................... Visible emissions 4/30/98 6/1/06, 71 FR 31093.
from blast furnace
casthouse
operations at steel
manufacturing
facilities.
R 336.1362....................... Visible emissions 4/30/98 6/1/06, 71 FR 31093.
from electric arc
furnace operations
at steel
manufacturing
facilities.
R 336.1363....................... Visible emissions 4/30/98 6/1/06, 71 FR 31093.
from argon-oxygen
decarburization
operations at steel
manufacturing
facilities.
R 336.1364....................... Visible emissions 2/22/85 6/11/92, 57 FR 24752
from basic oxygen
furnace operations.
R 336.1365....................... Visible emissions 2/22/85 6/11/92, 57 FR 24752
from hot metal
transfer operations
at steel
manufacturing
facilities.
R 336.1366....................... Visible emissions 2/22/85 6/11/92, 57 FR 24752
from hot metal
desulphurization
operations at steel
manufacturing
facilities.
R 336.1367....................... Visible emissions 2/22/85 6/11/92, 57 FR 24752
from sintering
operations.
R 336.1370....................... Collected air 2/17/81 11/15/82, 47 FR
contaminants. 51398.
R 336.1371....................... Fugitive dust 3/19/02 6/1/06, 71 FR 31093.
control programs
other than areas
listed in Table 36.
R 336.1372....................... Fugitive dust 3/19/02 6/1/06, 71 FR 31093.
control program;
required
activities; typical
control methods.
R 336.1374....................... Particulate matter 3/19/02 6/1/06, 71 FR 31093.
contingency
measures: Areas
listed in Table 37.
----------------------------------------------------------------------------------------------------------------
Part 4. Emission Limitations and Prohibitions--Sulfur-Bearing Compounds
----------------------------------------------------------------------------------------------------------------
R 336.1401....................... Emissions of sulfur 3/19/02 6/1/06, 71 FR 31093.
dioxide from power
plants.
R 336.1402....................... Emission of sulfur 1/18/80 5/6/80, 45 FR 29790.
dioxide from fuel-
burning sources
other than power
plants.
R 336.1403....................... Oil- and natural gas- 3/19/02 6/1/06, 71 FR 31093.
producing or
transporting
facilities and
natural gas-
processing
facilities;
emissions;
operation.
R 336.1404....................... Emissions of 1/18/80 5/6/80, 45 FR 29790.
sulfuric acid mist
from sulfuric acid
plants.
----------------------------------------------------------------------------------------------------------------
Part 6. Emission Limitations and Prohibitions--Existing Sources of Volatile Organic Compound Emissions
----------------------------------------------------------------------------------------------------------------
R 336.1601....................... Definitions......... 3/19/02 6/1/06, 71 FR 31093.
R 336.1602....................... General provisions 4/10/00 6/28/02, 67 FR 43548
for existing
sources of volatile
organic compound
emissions.
R 336.1604....................... Storage of organic 3/19/02 6/1/06, 71 FR 31093.
compounds having a
true vapor pressure
of more than 1.5
psia, but less than
11 psia, in
existing fixed roof
stationary vessels
of more than 40,000
gallon capacity.

[[Page 139]]

R 336.1605....................... Storage of organic 3/19/02 6/1/06, 71 FR 31093.
compounds having a
true vapor pressure
of 11 or more psia
in existing
stationary vessels
of more than 40,000
gallon capacity.
R 336.1606....................... Loading gasoline 3/19/02 6/1/06, 71 FR 31093.
into existing
stationary vessels
of more than 2,000
gallon capacity at
dispensing
facilities handling
250,000 gallons per
year.
R 336.1607....................... Loading gasoline 3/19/02 6/1/06, 71 FR 31093.
into existing
stationary vessels
of more than 2,000
capacity at loading
facilities.
R 336.1608....................... Loading gasoline 3/19/02 6/1/06, 71 FR 31093.
into existing
delivery vessels at
loading facilities
handling less than
5,000,000 gallons
per year.
R 336.1609....................... Loading existing 4/20/89 9/15/94, 59 FR 47254
delivery vessels
with organic
compounds having a
true vapor pressure
of more than 1.5
psia at existing
loading facilities
handling 5,000,000
or more gallons of
such compounds per
year.
R 336.1610....................... Existing coating 4/27/93 9/7/94, 59 FR 46182.
lines; emission of
volatile organic
compounds from
existing
automobile, light-
duty truck, and
other product and
material coating
lines.
R 336.1611....................... Existing cold 6/13/97 7/21/99, 64 FR 39034
cleaners.
R 336.1612....................... Existing open top 6/13/97 7/21/99, 64 FR 39034
vapor degreasers.
R 336.1613....................... Existing 6/13/97 7/21/99, 64 FR 39034
conveyorized cold
cleaners.
R 336.1614....................... Existing 6/13/97 7/21/99, 64 FR 39034
conveyorized vapor
degreasers.
R 336.1615....................... Existing vacuum- 3/19/02 6/1/06, 71 FR 31093.
producing system at
petroleum
refineries.
R 336.1616....................... Process unit 3/19/02 6/1/06, 71 FR 31093.
turnarounds at
petroleum
refineries.
R 336.1617....................... Existing organic 3/19/02 6/1/06, 71 FR 31093.
compound-water
separators at
petroleum
refineries.
R 336.1618....................... Use of cutback 3/19/02 6/1/06, 71 FR 31093.
paving asphalt.
R 336.1619....................... Perchloroethylene; 3/19/02 6/1/06, 71 FR 31093.
emission from
existing dry
cleaning equipment;
disposal.
R 336.1620....................... Emission of volatile 4/27/93 9/7/94, 59 FR 46182.
organic compounds
from the coating of
flat wood paneling
from existing
coating lines.
R 336.1621....................... Emission of volatile 4/27/93 9/7/94, 59 FR 46182.
organic compounds
from the coating of
metallic surfaces
from existing
coating lines.
R 336.1622....................... Emission of volatile 3/19/02 6/1/06, 71 FR 31093.
organic compound
from existing
component of a
petroleum refinery;
refinery monitoring
program.

[[Page 140]]

R 336.1623....................... Storage of petroleum 3/19/02 6/1/06, 71 FR 31093.
liquids having a
true vapor pressure
of more than 1.0
psia but less than
11.0 psia, in
existing external
floating roof
stationary vessels
of more than 40,000
gallon capacity.
R 336.1624....................... Emission of volatile 11/18/93 9/7/94, 59 FR 46182.
organic compound
from an existing
graphic arts line.
R 336.1625....................... Emission of volatile 11/30/00 6/1/06, 71 FR 31093.
organic compound
from existing
equipment utilized
in the
manufacturing of
synthesized
pharmaceutical
products.
R 336.1627....................... Delivery Vessels; 2/22/06 8/3/07, 72 FR 43169.
Vapor Collection
Systems.
R 336.1628....................... Emission of volatile 3/19/02 6/1/06, 71 FR 31093.
organic compounds
from components of
existing process
equipment used in
manufacturing
synthetic organic
chemicals and
polymers.
R 336.1629....................... Emission of volatile 3/19/02 6/1/06, 71 FR 31093.
organic compounds
from components of
existing process
equipment used in
processing natural
gas; monitoring
program.
R 336.1630....................... Emission of volatile 3/19/02 6/1/06, 71 FR 31093.
organic compounds
from existing paint
manufacturing
processes.
R 336.1631....................... Emission of volatile 3/19/02 6/1/06, 71 FR 31093.
organic compounds
from existing
process equipment
utilized in
manufacture of
polystyrene of
other organic
resins.
R 336.1632....................... Emission of volatile 4/27/93 9/7/94, 59 FR 46182.
organic compounds
form existing
automobile, truck,
and business
machine plastic
part coating lines.
R 336.1651....................... Standards for 6/13/97 7/21/99, 64 FR 39034
degreasers.
R 336.1660....................... Standards for 10/3/07 5/22/09, 74 FR 23952
Volatile Organic
Compounds Emissions
from Consumer
Products.
R 336.1661....................... Definitions for 11/3/07 5/22/09, 74 FR 23952
Consumer Products.
----------------------------------------------------------------------------------------------------------------
Part 7. Emission Limitations and Prohibitions--New Sources of Volatile Organic Compound Emissions
----------------------------------------------------------------------------------------------------------------
R 336.1702....................... General provisions 3/19/02 6/1/06, 71 FR 31093.
for new sources of
volatile organic
compound emissions.
R 336.1705....................... Loading gasoline 3/19/02 6/1/06, 71 FR 31093.
into delivery
vessels at new
loading facilities
handling less than
5,000,000 gallons
per year.
R 336.1706....................... Loading delivery 6/13/97 7/21/99, 64 FR 39034
vessels with
organic compounds
having a true vapor
pressure of more
than 1.5 psia at
new loading
facilities handling
5,000,000 or more
gallons of such
compounds per year.

[[Page 141]]

R 336.1707....................... New cold cleaners... 6/13/97 7/21/99, 64 FR 39034
R 336.1708....................... New open top vapor 6/13/97 7/21/99, 64 FR 39034
degreasers.
R 336.1709....................... New conveyorized 6/13/97 7/21/99, 64 FR 39034
cold cleaners.
R 336.1710....................... New conveyorized 6/13/97 7/21/99, 64 FR 39034
vapor degreasers.
----------------------------------------------------------------------------------------------------------------
Part 8. Emission Limitations and Prohibitions--Oxides of Nitrogen
----------------------------------------------------------------------------------------------------------------
R 336.1801....................... Emission of oxides 5/28/09 8/18/09. 74 FR 41637
of nitrogen from
non-sip call
stationary sources.
R 336.1802....................... Applicability under 5/20/04 12/23/04, 69 FR
oxides of nitrogen 76848.
budget trading
program.
R 336.1802a...................... Adoption by 5/28/09 8/18/09, 74 FR
reference. 41637..
R 336.1803....................... Definitions......... 5/28/09 8/18/09, 74 FR
41637..
R 336.1804....................... Retired unit 5/20/04 12/23/04, 69 FR
exemption from 76848.
oxides of nitrogen
budget trading
program.
R 336.1805....................... Standard 12/4/02 12/23/04, 69 FR
requirements of 76848.
oxides of nitrogen
budget trading
program.
R 336.1806....................... Computation of time 12/4/02 12/23/04, 69 FR
under oxides of 76848.
nitrogen budget
trading program.
R 336.1807....................... Authorized account 12/4/02 12/23/04, 69 FR
representative 76848.
under oxides of
nitrogen budget
trading program.
R 336.1808....................... Permit requirements 12/4/02 12/23/04, 69 FR
under oxides of 76848.
nitrogen budget
trading program.
R 336.1809....................... Compliance 12/4/02 12/23/04, 69 FR
certification under 76848.
oxides of nitrogen
budget trading
program.
R 336.1810....................... Allowance 12/4/02 12/23/04, 69 FR
allocations under 76848.
oxides of nitrogen
budget trading
program.
R 336.1811....................... New source set-aside 5/20/04 12/23/04, 69 FR
under oxides of 76848.
nitrogen budget
trading program.
R 336.1812....................... Allowance tracking 12/4/02 12/23/04, 69 FR
system and 76848.
transfers under
oxides of nitrogen
budget trading
program.
R 336.1813....................... Monitoring and 12/4/02 12/23/04, 69 FR
reporting 76848.
requirements under
oxides of nitrogen
budget trading
program.
R 336.1814....................... Individual opt-ins 12/4/02 12/23/04, 69 FR
under oxides of 76848.
nitrogen budget
trading program.
R 336.1815....................... Allowance banking 12/4/02 12/23/04, 69 FR
under oxides of 76848.
nitrogen budget
trading program.
R 336.1816....................... Compliance 12/4/02 12/23/04, 69 FR
supplement pool 76848.
under oxides of
nitrogen budget
trading program.
R 336.1817....................... Emission limitations 12/4/02 12/23/04, 69 FR
and restrictions 76848.
for Portland cement
kilns.
R 336.1818....................... Emission limitations 11/20/06 1/29/08, 73 FR 5101.
for stationary
internal combustion
engines.
R 336.1821....................... CAIR NOX ozone and 5/28/09 8/18/09, 74 FR
annual trading 41637..
programs;
applicability
determinations.

[[Page 142]]

R 336.1822....................... CAIR NOX ozone 5/28/09 8/18/09, 74 FR
season trading 41637..
program; allowance
allocations.
R 336.1823....................... New EGUs, new non- 5/28/09 8/18/09, 74 FR
EGUs, and newly 41637..
affected EGUs under
CAIR NOX ozone
season trading
program; allowance
allocations.
R 336.1824....................... CAIR NOX ozone 6/25/07 8/18/09, 74 FR
season trading 41637..
program; hardship
set-aside.
R 336.1825....................... CAIR NOX ozone 6/25/07 8/18/09, 74 FR
season trading 41637..
program; renewable
set-aside.
R 336.1826....................... CAIR NOX ozone 6/25/07 8/18/09, 74 FR
season trading 41637..
program; opt-in
provisions.
R 336.1830....................... CAIR NOX annual 5/28/09 8/18/09, 74 FR
trading program; 41637..
allowance
allocations.
R 336.1831....................... New EGUs under CAIR 5/28/09 8/18/09, 74 FR
NOX annual trading 41637..
program; allowance
allocations.
R 336.1832....................... CAIR NOX annual 5/28/09 8/18/09, 74 FR
trading program; 41637..
hardship set-aside.
R 336.1833....................... CAIR NOX annual 5/28/09 8/18/09, 74 FR
trading program; 41637..
compliance
supplement pool.
R 336.1834....................... Opt-in provisions 6/25/07 8/18/09, 74 FR
under the CAIR NOX 41637..
annual trading
program.
----------------------------------------------------------------------------------------------------------------
Part 9. Emission Limitations and Prohibitions--Miscellaneous
----------------------------------------------------------------------------------------------------------------
R 339.1901....................... Air contaminant or 1/18/80 5/6/80, 45 FR 29790.
water vapor, when
prohibited.
R 339.1906....................... Diluting and 3/19/02 6/1/06, 71 FR 31093.
concealing
emissions.
R 339.1910....................... Air-cleaning devices 1/18/80 5/6/80, 45 FR 29790.
R 339.1911....................... Malfunction 3/19/02 6/1/06, 71 FR 31093.
abatement plans.
R 336.1912....................... Abnormal conditions, 7/26/95, as 10/26/07, 72 FR
start-up, shutdown, corrected 6/ 60783.
and malfunction of 1/07
a source, process,
or process
equipment,
operating,
notification, and
reporting
requirements.
R 339.1915....................... Enforcement 5/27/02 2/24/03, 68 FR 8550.
discretion in
instances of excess
emission resulting
from malfunction,
start-up, or
shutdown.
R 339.1916....................... Affirmative defense 5/27/02 2/24/03, 68 FR 8550.
for excess
emissions during
start-up or
shutdown.
R 339.1930....................... Emission of carbon 3/19/02 6/1/06, 71 FR 31093.
monoxide from
ferrous cupola
operations.
----------------------------------------------------------------------------------------------------------------
Part 10. Intermittent Testing and Sampling
----------------------------------------------------------------------------------------------------------------
R 336.2001....................... Performance tests by 3/19/02 6/1/06, 71 FR 31093,
owner. 6/1/06 71 FR 31093.
R 336.2002....................... Performance tests by 3/19/02 6/1/06, 71 FR 31093.
commission.
R 336.2003....................... Performance test 3/19/02 6/1/06, 71 FR 31093.
criteria.

[[Page 143]]

R 336.2004....................... Appendix A; 2/22/06 8/3/07, 72 FR 43169.
reference test
methods; adoption
of federal
reference test
methods.
R 336.2005....................... Reference test 2/22/06 8/3/07, 72 FR 43169.
methods for state-
requested tests of
delivery vessels.
R 336.2006....................... Reference test 4/27/93 9/7/94, 59 FR 46182.
method serving as
alternate version
of federal
reference test
method 25 by
incorporating Byron
analysis.
R 336.2007....................... Alternate version of 3/19/02 6/1/06, 71 FR 31093.
procedure L,
referenced in R
336.2040(10).
R 336.2011....................... Reference test 4/29/05 6/1/06, 71 FR 31093.
method 5B.
R 336.2012....................... Reference test 10/15/04 6/1/06, 71 FR 31093.
method 5C.
R 336.2013....................... Reference test 3/19/02 6/1/06, 71 FR 31093.
method 5D.
R 336.2014....................... Reference test 10/15/04 6/1/06, 71 FR 31093.
method 5E.
R 336.2021....................... Figures............. 3/19/02 6/1/06, 71 FR 31093.
R 336.2030....................... Reference test 2/22/85 6/11/92, 57 FR 24752
method 9A.
R 336.2031....................... Reference test 2/22/85 6/11/92, 57 FR 24752
method 9B.
R 336.2032....................... Reference test 2/22/85 6/11/92, 57 FR 24752
method 9C.
R 336.2033....................... Test methods for 2/22/85 6/11/92, 57 FR 24752
coke oven quench
towers.
R 336.2040....................... Method for 3/19/02 6/1/06, 71 FR 31093. All except sections
determination of (9) and (10).
volatile organic
compound emissions
from coating lines
and graphic arts
lines.
R 336.2041....................... Recording 4/27/93 9/7/94, 59 FR 46182.
requirements for
coating lines and
graphic arts lines.
----------------------------------------------------------------------------------------------------------------
Part 11. Continuous Emission Monitoring
----------------------------------------------------------------------------------------------------------------
R 336.2101....................... Continuous emission 3/19/02 6/1/06, 71 FR 31093.
monitoring, fossil
fuel-fired steam
generators.
R 336.2102....................... Continuous emission 1/18/80 11/2/88, 53 FR 44189
monitoring,
sulfuric acid-
producing
facilities.
R 336.2103....................... Continuous emission 1/18/80 11/2/88, 53 FR 44189
monitoring, fluid
bed catalytic
cracking unit
catalyst
regenerators at
petroleum
refineries.
R 336.2150....................... Performance 3/19/02 6/1/06, 71 FR 31093.
specifications for
continuous emission
monitoring systems.
R 336.2151....................... Calibration gases 1/18/80 11/2/88, 53 FR 44189
for continuous
emission monitoring
systems.
R 336.2152....................... Cycling time for 1/18/80 11/2/88, 53 FR 44189
continuous emission
monitoring systems.
R 336.2153....................... Zero and drift for 1/18/80 11/2/88, 53 FR 44189
continuous emission
monitoring systems.
R 336.2154....................... Instrument span for 1/18/80 11/2/88, 53 FR 44189
continuous emission
monitoring systems.
R 336.2155....................... Monitor location for 3/19/02 6/1/06, 71 FR 31093.
continuous emission
monitoring systems.

[[Page 144]]

R 336.2159....................... Alternative 3/19/02 6/1/06, 71 FR 31093.
continuous emission
monitoring systems.
R 336.2170....................... Monitoring data 3/19/02 6/1/06, 71 FR 31093.
reporting and
recordkeeping.
R 336.2175....................... Data reduction 11/15/04 6/1/06, 71 FR 31093.
procedures for
fossil fuel-fired
steam generators.
R 336.2176....................... Data reduction 1/18/80 11/2/88, 53 FR 44189
procedures for
sulfuric acid
plants.
R 336.2189....................... Alternative data 3/19/02 6/1/06, 71 FR 31093.
reporting or
reduction
procedures.
R 336.2190....................... Monitoring System 3/19/02 6/1/06, 71 FR 31093.
Malfunctions.
R 336.2199....................... Exemptions from 1/18/80 11/2/88, 53 FR 44189 All except section
continuous emission (c).
monitoring
requirements.
----------------------------------------------------------------------------------------------------------------
Part 16. Organization, Operation and Procedures
----------------------------------------------------------------------------------------------------------------
R 336.2606....................... Declaratory rulings 1/18/80 11/2/88, 53 FR 44189
requests.
R 336.2607....................... Consideration and 1/18/80 11/2/88, 53 FR 44189
disposition of
declaratory rulings
requests.
----------------------------------------------------------------------------------------------------------------
Part 17. Hearings
----------------------------------------------------------------------------------------------------------------
R 336.2701....................... Procedures from 4/10/00 6/28/02, 67 FR 43548
Administrative
Procedures Act.
R 336.2702....................... Service of notices 4/10/00 6/28/02, 67 FR 43548
and orders;
appearances.
R 336.2704....................... Hearing 1/18/80 11/2/88, 53 FR 44189
commissioner's
hearings.
R 336.2705....................... Agency files and 1/18/80 11/2/88, 53 FR 44189
records, use in
connection with
hearings.
R 336.2706....................... Commission hearings 1/18/80 11/2/88, 53 FR 44189
after hearing
commissioner
hearings.
----------------------------------------------------------------------------------------------------------------
Executive Orders
----------------------------------------------------------------------------------------------------------------
1991-31.......................... Commission of 1/7/92 11/6/97, 62 FR 59995 Introductory and
Natural Resources, concluding words of
Department of issuance; Title I:
Natural Resources, General, Part A
Michigan Department Sections 1, 2, 4 &
of Natural 5 and Part B; Title
Resources, III: Environmental
Executive Protection, Part A
Reorganization. Sections 1 & 2 and
Part D; Title IV:
Miscellaneous,
Parts A & B, Part C
Sections 1, 2 & 4
and Part D.
1995-18.......................... Michigan Department 9/30/95 11/6/97, 62 FR 59995 Introductory and
of Environmental concluding words of
Quality, Michigan issuance;
Department of Paragraphs 1, 2,
Natural Resources, 3(a) & (g), 4, 7,
Executive 8, 9, 10, 11, 12,
Reorganization. 13, 15, 16, 17, and
18.
----------------------------------------------------------------------------------------------------------------
State Statutes
----------------------------------------------------------------------------------------------------------------
Act 250 of 1965, as amended...... Tax Exemption Act... 1972 5/31/72, 37 FR 10841
Act 348 of 1965, as amended...... Air Pollution Act... 1972 5/31/72, 37 FR 10841
Act 348 of 1965, as amended...... Air Pollution Act... 1986 2/17/88, 53 FR 4622. Only section 7a.
Act 348 of 1965, as amended...... Air Pollution Act... 1990 3/8/94, 59 FR 10752. Only sections 5 and
14a.
Act 127 of 1970.................. Michigan 7/27/70 5/31/72, 37 FR 10841
Environmental
Protection Act.
Act 283 of 1964, as amended...... Weights and Measures 8/28/64 5/5/97, 62 FR 24341. Only chapter 290,
Act. sections 613 and
615.

[[Page 145]]

Act 44 of 1984, as amended....... Michigan Motor Fuels 11/13/93 5/5/97, 62 FR 24341. Only chapter 290,
Quality Act. sections 642, 643,
645, 646, 647, and
649.
Act 12 of 1993................... Small Business Clean 4/1/93 6/3/94, 59 FR 28785.
Air Assistance Act.
Act 451 of 1994, as amended...... Natural Resources 3/30/95 2/10/98, 63 FR 6650. Only sections
and Environmental 324.5524 and
Protection Act. 324.5525.
House Bill 4165.................. Motor Vehicle 11/13/93 2/21/96, 61 FR 31831
Emissions
Inspection and
Maintenance Program
Act.
House Bill 4898.................. An Act to amend 11/13/93 10/11/94, 59 FR
section 3 of Act 44 51379.
of 1984.
House Bill 5016.................. Motor Vehicle 11/13/93 3/7/95, 60 FR 12459.
Emissions Testing
Program Act.
House Bill 5508.................. Amendment to Motor 4/06/06 3/2/07, 72 FR 4432..
Fuels Quality Act,
Act 44 of 1984.
Senate Bill 726.................. An Act to amend 11/13/93 9/7/94, 59 FR 46182.
sections 2, 5, 6,
7, and 8 of Act 44
of 1984.
----------------------------------------------------------------------------------------------------------------
Local Regulations
----------------------------------------------------------------------------------------------------------------
City of Grand Rapids Ordinance 72- City of Grand Rapids 1972 5/31/72, 57 FR 10841 Ordinance amends
34. Air Pollution sections 9.35 and
Control Regulations. 9.36 of article 4,
Chapter 151 Title
IX of the Code of
the City of Grand
Rapids.
Muskegon County Air Pollution Muskegon County Air 3/27/73 5/16/84, 49 FR 20650 Only article 14,
Control Rules. Pollution Control section J.
Rules and
Regulations, as
amended.
Wayne County Air Pollution Wayne County Air 3/20/69 5/16/80, 45 FR 29790
Control Regulations. Pollution Control
Regulations.
Wayne County variance............ Minutes from 1981 9/18/81 5/16/80, 45 FR 29790
board meeting.
Wayne County Air Pollution Wayne County Air 11/18/85 5/13/93, 58 FR 28359 Only: chapters 1, 2,
Control Ordinance. Pollution Control 3, 5 (except for
Ordinance. the portions of
section 501 which
incorporate by
reference the
following parts of
the state rules:
the quench tower
limit in R
336.1331, Table 31,
section C.8; the
deletion of the
limit in R 336.1331
for coke oven coal
preheater
equipment; and R
336.1355), 8
(except section
802), 9, 11, 12,
13, and appendices
A and D.
----------------------------------------------------------------------------------------------------------------
Part 18. Prevention of Significant Deterioration of Air Quality
----------------------------------------------------------------------------------------------------------------
R 336.2801....................... Definitions......... December 4, March 25, 2010, 75 All sections except
2006 FR 14352. for (j) and (ff),
[reserved in
original rule].
R 336.2801....................... Definitions......... September March 25, 2010, 75 Sections (hh) and
11, 2008 FR 14352. (r)(ii).
R 336.2801....................... Definitions......... 11/30/2012 4/4/14, 79 FR 18802.
R 336.2802....................... Applicability....... December 4, March 25, 2010, 75
2006 FR 14352.
R 336.2803....................... Ambient Air 11/30/2012 4/4/14, 79 FR 18802.
Increments.
R 336.2804....................... Ambient Air Ceilings December 4, March 25, 2010, 75
2006 FR 14352.
R 336.2805....................... Restrictions on Area December 4, March 25, 2010, 75
Classifications. 2006 FR 14352.

[[Page 146]]

R 336.2806....................... Exclusions from December 4, March 25, 2010, 75
Increment 2006 FR 14352.
Consumption.
R 336.2807....................... Redesignation....... December 4, March 25, 2010, 75
2006 FR 14352.
R 336.2808....................... Stack Heights....... December 4, March 25, 2010, 75
2006 FR 14352.
R 336.2809....................... Exemptions.......... 11/30/2012 4/4/14, 79 FR 18802. All except for
section (5)(a)(iii)
R 336.2810....................... Control Technology December 4, March 25, 2010, 75
Review. 2006 FR 14352.
R 336.2811....................... Source Impact December 4, March 25, 2010, 75
Analysis. 2006 FR 14352.
R 336.2812....................... Air Quality Models.. December 4, March 25, 2010, 75
2006 FR 14352.
R 336.2813....................... Air Quality Analysis December 4, March 25, 2010, 75
2006 FR 14352.
R 336.2814....................... Source Information.. December 4, March 25, 2010, 75
2006 FR 14352.
R 336.2815....................... Additional Impact December 4, March 25, 2010, 75
Analyses. 2006 FR 14352.
R 336.2816....................... Sources impacting 11/30/2012 4/4/14, 79 FR 18802.
federal class I
areas; additional
requirements.
R 336.2817....................... Public Participation December 4, March 25, 2010, 75
2006 FR 14352.
R 336.2818....................... Source Obligation... December 4, March 25, 2010, 75
2006 FR 14352.
R 336.2818....................... Source Obligation... September September 27, 2010, Section (3).
11, 2008 75 FR 59081.
R 336.2819....................... Innovative Control December 4, March 25, 2010, 75
Technology. 2006 FR 14352.
R 336.2823....................... Actuals Plantwide December 4, March 25, 2010, 75 Only sections (1)
Applicability 2006 FR 14352. through (14).
Limits (PALs).
----------------------------------------------------------------------------------------------------------------
Part 19. New Source Review for Major Sources Impacting Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
R 336.2901....................... Definitions......... 6/20/2008 12/16/2013, 78 FR
76064.
R 336.2901a...................... Adoption by 6/20/2008 12/16/2013, 78 FR
reference. 76064.
R 336.2902....................... Applicability....... 6/20/2008 12/16/2013, 78 FR
76064.
R 336.2903....................... Additional permit 6/20/2008 12/16/2013, 78 FR
requirements for 76064.
sources impacting
nonattainment areas.
R 336.2907....................... Plantwide 6/20/2008 12/16/2013, 78 FR
applicability 76064.
limits or PALs.
R 336.2908....................... Conditions for 6/20/2008 12/16/2013, 78 FR
approval of a major 76064.
new source review
permit in a
nonattainment area.
----------------------------------------------------------------------------------------------------------------

(d) EPA approved state source-specific requirements.

[[Page 147]]

EPA-Approved Michigan Source-Specific Provisions
----------------------------------------------------------------------------------------------------------------
State
Name of source Order No. effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
Allied Signal, Inc., Detroit Tar 4-1993.............. 10/12/94 1/17/95, 60 FR 3346.
Plant, Wayne County.
American Colloid Plant........... Permit 341-79....... 12/18/79 9/15/83, 48 FR 41403
American Colloid Plant........... Permit 375-79....... 11/23/79 9/15/83, 48 FR 41403
Asphalt Products Company, Plant 5-1993.............. 10/12/94 1/17/95, 60 FR 3346.
5A, Wayne County.
Clark Oil and Refining 6-1981.............. 6/24/82 12/13/82, 47 FR
Corporation, Calhoun County. 55678.
Clawson Concrete Company, Plant 6-1993.............. 10/12/94 1/17/95, 60 FR 3346.
1, Wayne County.
Conoco, Inc., Berrien County..... 17-1981............. 9/28/81 2/17/82, 47 FR 6828.
Consumers Power Company, B. C. 6-1979.............. 12/10/79 5/1/81, 46 FR 24560.
Cobb Plant, Muskegon County.
Consumers Power Company, J.H. 12-1984............. 10/1/84 1/12/87, 52 FR 1183.
Campbell Plant, Units 1 and 2,
Ottawa County.
Continental Fibre Drum, Inc., 14-1987............. 12/9/87 6/11/92, 57 FR 24752
Midland County.
Cummings-Moore Graphite Company, 7-1993.............. 10/12/94 1/17/95, 60 FR 3346.
Wayne County.
CWC Castings Division of Textron, 12-1979............. 2/15/80 5/16/84, 49 FR 20650
Muskegon County.
Delray Connecting Railroad 8-1993.............. 10/12/94 1/17/95, 60 FR 3346.
Company, Wayne County.
Detroit Edison Company, Boulevard 7-1981.............. 4/28/81 5/4/82, 47 FR 19133.
Heating Plant, Wayne County.
Detroit Edison Company, City of 4-1978.............. 11/14/78 8/25/80, 45 FR 56344
St. Clair, St. Clair County.
Detroit Edison Company, Monroe 9-1977.............. 7/7/77 12/21/79, 44 FR
County. 75635 (correction:
3/20/80, 45 FR
17997).
Detroit Edison Company, River 9-1993.............. 10/12/94 1/17/95, 60 FR 3346.
Rouge Power Plant, Wayne County.
Detroit Edison Company, Sibley 10-1993............. 10/12/94 1/17/95, 60 FR 3346.
Quarry, Wayne County.
Detroit Water and Sewerage 11-1993............. 10/12/94 1/17/95, 60 FR 3346.
Department, Wastewater Treatment
Plant, Wayne County.
Diamond Crystal Salt Company, St. 13-1982............. 9/8/82 3/14/83, 48 FR 9256.
Clair County.
Dow Chemical Company, Midland 12-1981............. 6/15/81 3/24/82, 47 FR 12625
County.
Dow Chemical Company, West Side 19-1981............. 7/21/81 3/24/82, 47 FR 12625 Only sections A(3),
and South Side Power Plants, B, C, D, and E.
Midland County.
Dundee Cement Company, Monroe 8-1979.............. 10/17/79 8/11/80, 45 FR 53137
County.
Dundee Cement Company, Monroe 16-1980............. 11/19/80 12/3/81, 46 FR 58673
County.
Eagle Ottawa Leather Company, 7-1994.............. 7/13/94 10/23/95, 60 FR
Ottawa County. 54308.
Edward C. Levy Company, Detroit 15-1993............. 10/12/94 1/17/95, 60 FR 3346.
Lime Company, Wayne County.
Edward C. Levy Company, Plant 16-1993............. 10/12/94 1/17/95, 60 FR 3346.
1, Wayne County.
Edward C. Levy Company, Plant 17-1993............. 10/12/94 1/17/95, 60 FR 3346.
3, Wayne County.
Edward C. Levy Company, Plant 19-1993............. 10/12/94 1/17/95, 60 FR 3346.
4 and 5, Wayne County.

[[Page 148]]

Edward C. Levy Company, Plant 18-1993............. 10/12/94 1/17/95, 60 FR 3346.
6, Wayne County.
Edward C. Levy Company, Scrap Up- 20-1993............. 10/12/94 1/17/95, 60 FR 3346.
Grade Facility, Wayne County.
Enamalum Corporation, Oakland 6-1994.............. 6/27/94 2/21/96, 61 FR 6545.
County.
Ferrous Processing and Trading 12-1993............. 10/12/94 1/17/95, 60 FR 3346.
Company, Wayne County.
Ford Motor Company, Rouge 13-1993............. 10/12/94 1/17/95, 60 FR 3346.
Industrial Complex, Wayne County.
Ford Motor Company, Utica Trim 39-1993............. 11/12/93 9/7/94, 59 FR 46182.
Plant, Macomb County.
Ford Motor Company, Vulcan Forge, 14-1993............. 10/12/94 1/17/95, 60 FR 3346.
Wayne County.
General Motors Corporation, 18-1981............. 7/28/83 5/16/84, 49 FR 20649 Original order
Warehousing and Distribution effective 12/1/81,
Division, Genesee County. as altered
effective 7/28/83.
General Motors Corporation, Buick 10-1979............. 5/5/80 2/10/82, 47 FR 6013.
Motor Division Complex, Flint,
Genesee County.
General Motors Corporation, Buick 8-1982.............. 4/2/84 8/22/88, 53 FR 31861 Original order
Motor Division, Genesee County. effective 7/12/82,
as altered
effective 4/2/82.
General Motors Corporation, 12-1982............. 7/22/82 7/5/83, 48 FR 31022.
Cadillac Motor Car Division,
Wayne County.
General Motors Corporation, 8-1983.............. 6/9/83 12/13/85, 50 FR Supersedes paragraph
Central Foundry Division, 50907. 7.F of order 6-
Saginaw Malleable Iron Plant, 1980.
Saginaw County.
General Motors Corporation, 6-1980.............. 7/30/82 8/15/83, 48 FR 36818 Paragraph 7.F
Central Foundry Division, superseded by order
Saginaw Malleable Iron Plant, 8-1983. Original
Saginaw County. order effective 6/3/
80, as altered
effective 7/30/82.
General Motors Corporation, 10-1982............. 7/12/82 7/5/83, 48 FR 31022.
Chevrolet Flint Truck Assembly,
Genesee County.
General Motors Corporation, 1-1980.............. 4/16/80 2/10/82, 47 FR 6013.
Chevrolet Motor Division,
Saginaw Grey Iron Casting Plant
and Nodular Iron Casting Plant,
Saginaw County.
General Motors Corporation, 11-1982............. 7/22/82 7/5/83, 48 FR 31022.
Fisher Body Division, Fleetwood,
Wayne County.
General Motors Corporation, 9-1982.............. 7/12/82 7/5/83, 48 FR 31022.
Fisher Body Division, Flint No.
1, Genesee County.
General Motors Corporation, GM 5-1983.............. 5/5/83 12/13/84, 49 FR 5345
Assembly Division, Washtenaw
County.
General Motors Corporation, Hydra- 3-1982.............. 6/24/82 3/4/83, 48 FR 9256..
Matic Division, Washtenaw County.
General Motors Corporation, 4-1983.............. 5/5/83 12/13/84, 49 FR 5345
Oldsmobile Division, Ingham
County.
Hayes-Albion Corporation Foundry, 2-1980.............. 2/2/82 48 FR 41403......... Original order
Calhoun County. effective 2/15/80,
as altered
effective 2/2/82.
J. H. Campbell Plant, Ottawa 5-1979.............. 2/6/80 12/24/80, 45 FR Original order
County. 85004 (correction: effective 6/25/79,
3/16/81 46 FR as altered
16895). effective 2/6/80.
Keywell Corporation, Wayne County 31-1993............. 10/12/94 1/17/95, 60 FR 3346.

[[Page 149]]

Lansing Board of Water and Light. 4-1979.............. 5/23/79 12/17/80, 45 FR All except sections
82926. 7 A, B, C1, D, E,
F, and section 8.
Marathon Oil Company, Muskegon 16-1981............. 7/31/81 2/22/82, 47 FR 7661.
County.
Marblehead Lime Company, Brennan 21-1993............. 10/12/94 1/17/95, 60 FR 3346.
Avenue Plant, Wayne County.
Marblehead Lime Company, River 22-1993............. 10/12/94 1/17/95, 60 FR 3346.
Rouge Plant, Wayne County.
McLouth Steel Company, Trenton 23-1993............. 10/12/94 1/17/95, 60 FR 3346.
Plant, Wayne County.
Michigan Foundation Company, 24-1993............. 10/12/94 1/17/95, 60 FR 3346.
Cement Plant, Wayne County.
Michigan Foundation Company, 25-1993............. 10/12/94 1/17/95.60 FR 3346..
Sibley Quarry, Wayne County.
Monitor Sugar Company, Bay County 21-1981............. 10/29/81 5/19/82, 47 FR 21534
Morton International, Inc., 26-1993............. 10/12/94 1/17/95, 60 FR 3346.
Morton Salt Division, Wayne
County.
National Steel Corporation, Great 27-1993............. 10/12/94 1/17/95, 60 FR 3346.
Lakes Division, Wayne County.
National Steel Corporation, 28-1993............. 10/12/94 1/17/95, 60 FR 3346.
Transportation and Materials
Handling Division, Wayne County.
New Haven Foundry, Inc., Macomb 12-1980............. 8/14/80 2/10/82, 47 FR 6013.
County.
Northern Michigan Electric 16-1979............. 1/10/80 46 FR 34584.........
Cooperative Advance Steam Plant,
Charlevoix County.
Packaging Corporation of America, 23-1984............. 7/8/85 5/4/87, 52 FR 16246.
Manistee County.
Peerless Metal Powders, 29-1993............. 10/12/94 1/17/95, 60 FR 3346.
Incorporated, Wayne County.
Rouge Steel Company, Wayne County 30-1993............. 10/12/94 1/17/95, 60 FR 3346.
S. D. Warren Company, Muskegon... 9-1979.............. 10/31/99 1/27/81, 46 FR 8476.
St. Marys Cement Company, Wayne 32-1993............. 10/12/94 1/17/95, 60 FR 3346.
County.
Traverse City Board of Light and 23-1981............. 1/4/82 5/19/82, 47 FR 21534
Power, Grand Traverse County.
Union Camp Corporation, Monroe 14-1979............. 1/3/80 5/14/81, 46 FR 26641
County.
United States Gypsum Company, 33-1993............. 10/12/94 1/17/95, 60 FR 3346.
Wayne County.
VCF Films, Inc., Livingston 3-1993.............. 6/21/93 9/7/94, 59 FR 46182.
County.
Woodbridge Corporation, Washtenaw 40-1993............. 11/12/93 9/7/94, 59 FR 46182.
County.
Wyandotte Municipal Power Plant, 34-1993............. 10/12/94 1/17/95, 60 FR 3346.
Wayne County.
----------------------------------------------------------------------------------------------------------------

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

[[Page 150]]

EPA-Approved Michigan Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or EPA approval
provision nonattainment State submittal date date Comments
area
----------------------------------------------------------------------------------------------------------------
Implementation plan for the Statewide....... 2/3/72 5/31/72, 37 FR Sections
control of suspended 10841. include: Air
particulates, sulfur oxides, quality control
carbon monoxide, regions, legal
hydrocarbons, nitrogen authority, air
oxides, and photochemical quality data,
oxidants in the state of emission data,
Michigan. control
strategy,
control
regulations,
compliance
plans and
schedules,
prevention of
air pollution
emergency
episodes, air
quality
surveillance
program,
control of
emission
sources,
organization
and resources,
and
intergovernment
al cooperation.
Reevaluation of control Berrien and 3/3/72 10/28/72, 37 FR
strategies. Ingham Counties. 23085.
Reasons and justifications... Statewide....... 7/12/72 10/28/72, 37 FR Concerning
23085. general
requirements of
control
strategy for
nitrogen
dioxide,
compliance
schedules, and
review of new
sources and
modifications.
Public availability of Statewide....... 7/24/72 10/28/72, 37 FR
emissions data. 23085.
Compliance schedules......... Alpena, Baraga, 5/4/73, 9/19/73, 10/23/73, 8/5/74, 39 FR
Charlevoix, and 12/13/73 28155.
Huron, Ionia,
Marquette,
Midland,
Muskegon,
Oakland,
Otsego, and St.
Clair Counties.
Compliance schedules......... Allegan, Eaton, 2/16/73 and 5/4/73 9/10/74, 39 FR
Emmet, Genesee, 32606.
Huron, Ingham,
Macomb, Monroe,
Ottawa,
Saginaw, and
St. Clair
Counties.
Air quality maintenance area Macomb, Oakland, 6/27/74 and 10/18/74 6/2/75, 40 FR
identifications for Wayne and 23746.
particulate matter. Monroe Counties.
Carbon monoxide control Saginaw area.... 4/25/79 5/6/80, 45 FR
strategy. 29790.
Ozone attainment Flint, Lansing 4/25/79, 7/25/79, 10/12/79, 6/2/80, 45 FR
demonstrations and and Grand 10/26/79, 11/8/79, 12/26/ 37188.
transportation control plans. Rapids urban 79
areas.
Transportation control plans. Detroit urban 4/25/79, 7/25/79, 10/12/79, 6/2/80, 45 FR
area. 10/26/79, 11/8/79, 12/26/ 37188.
79
Ozone control strategy for Marquette, 4/25/79, 7/25/79, 10/12/79, 6/2/80, 45 FR
rural ozone nonattainment Muskegon, 10/26/79, 11/8/79, 12/26/ 37188.
areas. Gratiot, 79
Midland,
Saginaw, Bay,
Tuscola, Huron,
Sanilac,
Ottawa, Ionia,
Shiawassee,
Lapeer,
Allegan, Barry,
Van Buren,
Kalamazoo,
Calhoun,
Jackson,
Berrien, Cass,
Branch,
Hillsdale, and
Lenawee
Counties.

[[Page 151]]

Carbon monoxide and ozone Detroit urban 4/25/79, 7/25/79, 10/12/79, 6/2/80, 45 FR
demonstrations of attainment area. 10/26/79, 11/8/79, 12/26/ 37192.
and I/M program. 79, 3/20/80, 5/12/80, and
5/21/80
Ambient air quality Statewide....... 12/19/79 3/4/81, 46 FR
monitoring, data reporting, 15138.
and surveillance provisions.
Transportation control plan.. Niles........... 4/25/79, 10/26/79, 11/8/79, 4/17/81, 46 FR
12/26/79, 8/4/80, and 8/8/ 22373.
80
Provisions addressing Statewide....... 4/25/79 and 10/12/79 6/5/81, 46 FR Concerns permit
sections 110(a)(2)(K), 30082. fees,
126(a)(2), 127, and 128 of interstate
the Clean Air Act as amended pollution,
in 1977. public
notification,
and state
boards.
Section 121, Statewide....... 5/25/79 11/27/81, 46 FR
intergovernmental 57893.
consultation.
Total suspended particulate Detroit area.... 3/7/80 and 4/21/81 2/18/82, 47 FR
studies. 7227.
Lead plan.................... Statewide....... 12/27/79 and 2/9/81 4/13/82, 47 FR
15792.
Reduction in size of Detroit Wayne, Oakland, 9/1/82 7/7/83, 48 FR
ozone area. Macomb, 31199.
Livingston,
Monroe, St.
Clair, and
Washtenaw
Counties.
Negative declarations........ Wayne, Oakland 10/10/83, 5/17/85, and 6/12/ 11/24/86, 51 FR Includes large
and Macomb 85 42221. petroleum dry
Counties. cleaners, high-
density
polyethylene,
polypropylene,
and polystyrene
resin
manufacturers,
and synthetic
organic
chemical
manufacturing
industry--oxida
tion.
Information relating to order Genesee County.. 9/6/84 8/22/88, 53 FR
8-1982: letter dated 9/6/84 31861.
from Michigan Department of
Natural Resources to EPA.
Information relating to order Midland County.. 12/17/87 10/3/89, 54 FR
14-1987: letter dated 12/17/ 40657.
87 from Michigan Department
of Natural Resources to EPA.
Appendices A and D of Wayne Wayne County.... 10/10/86 5/13/93, 58 FR Effective 11/18/
County Air Pollution Control 28359. 85.
Ordinance.
Information supporting Statewide....... 11/16/92, 10/25/93, and 2/7/ 3/8/94, 59 FR
emissions statement program. 94 10752.
1990 base year emissions Grand Rapids and 1/5/93 7/26/94, 59 FR
inventory. Muskegon areas. 37944.
Section 182(f) NOX exemption. Detroit-Ann 11/12/93 8/10/94, 59 FR
Arbor area. 40826.

[[Page 152]]

Negative declarations........ Livingston, 3/30/94 9/7/94, 59 FR Includes: Large
Macomb, Monroe, 46182. petroleum dry
Oakland, St. cleaners, SOCMI
Clair, air oxidation
Washtenaw, processes, high-
Wayne, Kent, density
Ottawa, and polyethylene
Muskegon and
Counties. polypropylene
resin
manufacturing
and pneumatic
rubber tire
manufacturing.
I/M program.................. Grand Rapids and 11/12/93 and 7/19/94 10/11/94, 59 FR Includes:
Muskegon areas. 51379. document
entitled
``Motor Vehicle
Emissions
Inspection and
Maintenance
Program for
Southeast
Michigan, Grand
Rapids MSA, and
Muskegon MSA
Moderate
Nonattainment
Areas,'' RFP,
and
supplemental
materials.
1990 base year emissions Detroit-Ann 11/12/93 3/7/95, 60 FR
inventory and 1-hour ozone Arbor area 12459.
maintenance plan. (Livingston,
Macomb, Monroe,
Oakland, St.
Clair,
Washtenaw, and
Wayne Counties).
Section 182(f) NOX exemptions Clinton, Ingham, 7/1/94 and 7/8/94 4/27/95, 60 FR
Eaton, and 20644.
Genesee
Counties.
Section 182(f) NOX exemptions Kent, Ottawa, 7/13/94 1/26/96, 61 FR
Muskegon, 2428.
Allegan, Barry,
Bay, Berrien,
Branch,
Calhoun, Cass,
Clinton, Eaton,
Gratiot,
Genesee,
Hillsdale,
Ingham, Ionia,
Jackson,
Kalamazoo,
Lenawee,
Midland,
Montcalm, St.
Joseph,
Saginaw,
Shiawassee, and
Van Buren
Counties.
1-hour ozone maintenance plan Grand Rapids 3/9/95 6/21/96, 61 FR
area. 31831.
PM-10 maintenance plan....... Wayne County.... 7/24/95 8/5/96, 61 FR
40516.
General conformity........... Statewide....... 11/29/94 12/18/96, 61 FR
66607.
Transportation conformity.... Statewide....... 11/24/94 12/18/96, 61 FR
66609.

[[Page 153]]

7.8 psi Reid vapor pressure Wayne, Oakland, 5/16/96, 1/5/96, and 5/14/ 5/5/97, 62 FR Includes: letter
gasoline-supplemental Macomb, 96 24341. from Michigan
materials. Washtenaw, Governor John
Livingston, St. Engler to
Clair, and Regional
Monroe Counties. Administrator
Valdas Adamkus,
dated 1/5/96,
letter from
Michigan
Director of
Environmental
Quality Russell
Harding to
Regional
Administrator
Valdas Adamkus,
dated 5/14/96,
and state
report entitled
``Evaluation of
Air Quality
Contingency
Measures for
Implementation
in Southeast
Michigan''.
Section 182(f) NOX exemption. Muskegon County. 11/22/95 9/26/97, 62 FR
50512.
Carbon monoxide maintenance Detroit area 3/18/99 6/30/99, 64 FR
plan. (portions of 35017.
Wayne, Oakland,
and Macomb
Counties).
1-hour ozone maintenance plan Muskegon County. 3/9/95 8/30/00, 65 FR
52651.
1-hour ozone maintenance plan Allegan County.. 9/1/00 and 10/13/00 11/24/00, 65 FR
70490.
1-hour ozone maintenance plan Genesee, Bay 5/9/00 11/13/00, 65 FR
Midland, and 67629.
Saginaw
Counties.
1-hour ozone maintenance plan Muskegon County. 3/22/01 8/6/01, 66 FR Revision to
revision. 40895. motor vehicle
emission
budgets.
8-hour ozone maintenance plan Grand Rapids 5/9/06, 5/26/06, and 8/25/ 5/16/2007.......
(Kent and 06
Ottawa
Counties),
Kalamazoo-
Battle Creek
(Calhoun,
Kalamazoo, and
Van Buren
Counties),
Lansing-East
Lansing
(Clinton,
Eaton, and
Ingham
Counties),
Benzie County,
Huron County,
and Mason
County.
8-hour ozone maintenance plan Flint (Genesee 6/13/06, 8/25/06, and 11/30/ 5/16/2007....... ................
and Lapeer 06
Counties),
Muskegon
(Muskegon
County), Benton
Harbor (Berrien
County), and
Cass County.
8-hour ozone maintenance plan Detroit-Ann 3/6/2009 6/29/2009.......
Arbor (Lenawee,
Livingston,
Macomb, Monroe,
Oakland, St.
Clair,
Washtenaw, and
Wayne Counties).
Section 110(a)(2) Statewide....... 12/6/07, 7/19/08, and 4/6/ 7/13/11, 76 FR This action
Infrastructure Requirements 11 41075. addresses the
for the 1997 8-Hour Ozone following CAA
NAAQS. elements:
110(a)(2)(A),
(B), (C),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).

[[Page 154]]

Section 110(a)(2) Statewide....... 12/6/07, 7/19/08, and 4/6/ 7/13/11, 76 FR This action
Infrastructure Requirements 11 41075. addresses the
for the 1997 PM2.5 NAAQS. following CAA
elements:
110(a)(2)(A),
(B), (C),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
Section 110(a)(2) Statewide....... 8/15/2011, 7/9/2012 10/29/2012, 77 This action
Infrastructure Requirements FR 65478. addresses the
for the 2006 24-Hour PM2.5 following CAA
NAAQS. elements:
110(a)(2)(A),
(B), (C),
(D)(i)(II),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M). We are
not taking
action on the
visibility
protection
requirements of
(D)(i)(II) and
the state board
requirements of
(E)(ii). We
will address
these
requirements in
a separate
action. We are
taking no
action on
portions of
Michigan's
infrastructure
SIP submission
addressing the
relevant
prevention of
significant
deterioration
requirements of
the 2008 NSR
Rule
(identifying
PM2.5
precursors, and
the regulation
of PM2.5 and
PM10
condensables in
permits) and
the Phase 2
Rule
(identification
of NOX as a
precursor to
ozone) with
respect to
section
110(a)(2)(C),
(D)(i)(II), and
(J).
1997 Annual Fine Particulate Detroit-Ann 6/13/08 11/6/12, 77 FR ................
Matter 2005 Base Year Arbor area 66547.
Emissions Inventory. (Livingston,
Macomb, Monroe,
Oakland, St.
Clair,
Washtenaw, and
Wayne Counties).
Regional Haze Plan........... Statewide....... 11/5/2010 12/3/2012, 77 FR Addresses all
71533. regional haze
plan elements
except BART
emission
limitations for
EGUs, St. Marys
Cement,
Escanaba Paper,
and Tilden
Mining
1997 Annual PM2.5 Maintenance Detroit-Ann 7/05/2011 8/29/2013, 78 FR
Plan. Arbor area 53274.
(Livingston,
Macomb, Monroe,
Oakland, St.
Clair,
Washtenaw, and
Wayne Counties).

[[Page 155]]

2006 24-Hour PM2.5 Detroit-Ann 7/05/2011 8/29/2013, 78 FR
Maintenance Plan. Arbor area 53274.
(Livingston,
Macomb, Monroe,
Oakland, St.
Clair,
Washtenaw, and
Wayne Counties).
----------------------------------------------------------------------------------------------------------------

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

[71 FR 52469, Sept. 6, 2006]

Sec. 52.1171 Classification of regions.

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

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

Sec. 52.1172 Approval status.

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

[45 FR 29801, May 6, 1980]

Sec. 52.1173 Control strategy: Particulates.

(a) Part D--Disapproval. The following specific revisions to the
Michigan Plan are disapproved:
(1) Rule 336.1331, Table 31, Item C: Emission limits for Open Hearth
Furnaces, Basic Oxygen Furnaces, Electric Arc Furnaces, Sintering
Plants, Blast Furnaces, Heating and Reheating Furnaces.
(2) Rules 336.1371 (Fugitive dust control programs other than areas
listed in table 36.), 336.1372 (Fugitive dust control programs; required
activities; typical control methods.) and 336.1373 (Fugitive dust
control programs; areas listed in table 36.) for control of industrial
fugitive particulate emissions sources.
(b) Part D--Conditional Approval--The Michigan overall Plan for
primary and secondary nonattainment areas is approved provided that the
following conditions are satisfied:
(1) The State officially adopts final industrial fugitive
regulations that represent RACT for traditional sources

[[Page 156]]

and submits these finally effective regulations to USEPA by January 31,
1981.
(2) The State adopts and submits regulations reflecting RACT for
Basic Oxygen Furnaces, Electric Arc Furnaces, Sintering Plants, Blast
Furnaces and Heating and Reheating Furnaces.
(3) Rule 336.1331, Table 31, Item C: Coke Oven Preheater Equipment
Effective After July 1, 1979--The State clarifies the compliance test
method to include measurement of the whole train.
(4) Rule 336.1349--The State submits consent orders containing
enforceable increments insuring reasonable further progress for each
source subject to Rules 336.1350 through 336.1357.
(5) Rule 336.1350--The State adopts and submits an acceptable
inspection method for determining compliance with the rule.
(6) Rule 336.1352--The State adopts and submits the following
clarifications to the rule: (a) The rule regulates emissions from the
receiving car itself during the pushing operation; (b) in the phrase
``eight consecutive trips,'' ``consecutive'' is defined as
``consecutively observed trips''; (c) the word ``trips'' is defined as
``trips per battery'' or ``trips per system''; (d) the 40% opacity
fugitive emissions limitation refers to an instantaneous reading and not
an average; (e) the method of reading opacity is defined.
(7) Rule 336.1353--The State adopts and submits: (a) An acceptable
test methodology for determining compliance with the rule; and (b) a
clarification that the exception to the visible emission prohibition of
4% of standpipe emission points refers to ``operating'' ovens.
(8) Rule 336.1356--The State adopts and submits a clarification of
the test methodology to determine compliance with the rule.
(9) Rule 336.1357--The State adopts and submits a clarification of
the test methodology to determine compliance with the rule.
(10) The State adopts and submits a regulation reflecting RACT for
coke battery combustion stacks.
(11) The State adopts and submits an acceptable test method for
application of Rule 336.1331, Table 32 to quench towers, or, in the
alternative, adopts and submits a limitation reflecting RACT for quench
tower emissions based on the quantity of total dissolved solids in the
quench water.
(12) The State adopts and submits rules requiring RACT for scarfing
emissions.
(13) Part 10 Testing--The State adopts and submits the following
clarifications to the test methods: (a) Testing of fugitive emissions
from blast furnaces are conducted during the cast; (b) the starting and
ending period is specified for basic oxygenfurnaces (for both primary
and secondary emissions generating operations), electric arc furnaces
and for each of the three emission points at sinter plants.
(14) The State conducts additional particulate studies in the
Detroit area by September, 1980.
(c) Disapprovals. EPA disapproves the following specific revisions
to the Michigan Plan:
(1) The State submitted Consent Order No. 16-1982 on June 24, 1982,
Great Lakes Steel, a Division of the National Steel Corporation as a
revision to the Michigan State Implementation Plan. EPA disapproves this
revision, because it does not satisfy all the requirements of EPA's
proposed Emission Trading Policy Statement of April 7, 1982 (47 FR
15076).
(d) Approval--On April 29, 1988, the State of Michigan submitted a
committal SIP for particulate matter with an aerodynamic diameter equal
to or less than 10 micrometers (PM10) for Michigan's Group II
areas. The Group II areas of concern are in the City of Monroe and an
area surrounding the City of Carrollton. The committal SIP contains all
the requirements identified in the July 1, 1987, promulgation of the SIP
requirements for PM10 at 52 FR 24681.
(e) [Reserved]
(f) On July 24, 1995, the Michigan Department of Natural Resources
requested the redesignation of Wayne County to attainment of the
National Ambient Air Quality Standard for particulate matter. The
State's maintenance plan is complete and the redesignation satisfies all
of the requirements of the Act.
(g) Approval--On November 29, 1994, the Michigan Department of
Natural Resources submitted a revision to the

[[Page 157]]

particulate State Implementation Plan for general conformity rules. The
general conformity SIP revisions enable the State of Michigan to
implement and enforce the Federal general conformity requirements in the
nonattainment or maintenance areas at the State or local level in
accordance with 40 CFR part 93, subpart B--Determining Conformity of
General Federal Actions to State or Federal Implementation Plans.
(h) Determination of Attainment. EPA has determined, as of November
6, 2012, that based on 2009-2011 ambient air quality data, the Detroit-
Ann Arbor nonattainment area has attained the 1997 annual
PM2.5 NAAQS. This determination, in accordance with 40 CFR
51.1004(c), suspends the requirements for this area to submit an
attainment demonstration, associated reasonably available control
measures, a reasonable further progress plan, contingency measures, and
other planning SIPs related to attainment of the standard for as long as
this area continues to meet the 1997 annual PM2.5 NAAQS.
(i) Pursuant to Clean Air Act section 179(c), EPA has determined
that the Detroit-Ann Arbor area attained the annual 1997
PM2.5 NAAQS by the applicable attainment date, April 5, 2010.
(j) Approval--The 1997 annual PM2.5 maintenance plans for
the Detroit-Ann Arbor nonattainment area (Livingston, Macomb, Monroe,
Oakland, St. Clair, Washtenaw, and Wayne Counties), has been approved as
submitted on July 5, 2011. The maintenance plan establishes 2023 motor
vehicle emissions budgets for the Detroit-Ann Arbor area of 4,360 tpy
for primary PM2.5 and 119,194 tpy for NOX.
(k) Approval--The 2006 24-Hour PM2.5 maintenance plans
for the Detroit-Ann Arbor nonattainment area (Livingston, Macomb,
Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties), has been
approved as submitted on July 5, 2011. The maintenance plan establishes
2023 motor vehicle emissions budgets for the Detroit-Ann Arbor area of
16 tpd for primary PM2.5 and 365 tpd for NOX.

[46 FR 27931, May 22, 1981, as amended at 49 FR 11834, Mar. 28, 1984; 50
FR 33540, Aug. 20, 1985; 55 FR 17752, Apr. 27, 1990; 61 FR 40519, Aug.
5, 1996; 61 FR 66609, Dec. 18, 1996; 77 FR 66547, Nov. 6, 2012; 78 FR
53274, Aug. 29, 2013]

Sec. 52.1174 Control strategy: Ozone.

(a) Part D--Conditional Approval--Michigan Rules 336.1603 and
336.1606 are approved provided that the following conditions are
satisfied:
(1) Rule 336.1606--The State either promulgates a rule with a
120,000 gallon per year throughput exemption for gasoline dispensing
facilities for sources located in Wayne, Macomb and Oakland Counties.
The State must either submit the rule to USEPA or demonstrate that the
allowable emissions resulting from the application of its existing rule
with 250,000 gallon per year throughput exemption for gasoline
dispensing facilities are less than five percent greater than the
allowable emissions resulting from the application of the CTG
presumptive norm. The State must comply with this condition by May 6,
1981, and any necessary regulations must be finally promulgated by the
State and submitted to USEPA by September 30, 1981.
(b) Approval--On November 16, 1992, the Michigan Department of
Natural Resources submitted Natural Resources Commission Rule 336.202
(Rule 2), Sections 5 and 14a of the 1965 Air Pollution Act 348, and the
1991 Michigan Air Pollution Reporting Forms, Reference Tables, and
General Instructions as the States emission statement program. Natural
Resources Commission Rule 336.202 (Rule 2) became effective November 11,
1986. Section 5 and 14a of the 1965 Air Pollution Act 348 became
effective July 23, 1965. These rules have been incorporated by reference
at 40 CFR 52.1170(c)(93). On October 25, 1993, the State submitted the
1993 Michigan Air Pollution Reporting Forms, Reference Tables, and
General Instructions, along with an implementation strategy for the
State's emission statement program.
(c)(1) Approval--On January 5, 1993, the Michigan Department of
Natural Resources submitted a revision to the ozone State Implementation
Plan (SIP)

[[Page 158]]

for the 1990 base year inventory. The inventory was submitted by the
State of Michigan to satisfy Federal requirements under section
182(a)(1) of the Clean Air Act as amended in 1990 (the Act), as a
revision to the ozone SIP for the Grand Rapids and Muskegon areas in
Michigan designated nonattainment, classified as moderate. These areas
include counties of Muskegon, and the two county Grand Rapids area
(which are the counties of Kent and Ottawa).
(2) Approval--On November 12, 1993, the Michigan Department of
Natural Resources submitted a petition for exemption from the oxides of
nitrogen requirements of the Clean Air Act for the Detroit-Ann Arbor
ozone nonattainment area. The submittal pertained to the exemption from
the oxides of nitrogen requirements for conformity, inspection and
maintenance, reasonably available control technology, and new source
review. These are required by sections 176(c), 182(b)(4), and 182(f) of
the 1990 amended Clean Air Act, respectively.
(d) In a letter addressed to David Kee, EPA, dated March 30, 1994,
Dennis M. Drake, State of Michigan, stated:
(1) Michigan has not developed RACT regulations for the following
industrial source categories, which have been addressed in Control
Techniques Guidance (CTG) documents published prior to the Clean Air Act
Amendments of 1990, because no affected sources are located in the
moderate nonattainment counties:
(i) Large petroleum dry cleaners;
(ii) SOCMI air oxidation processes;
(iii) High-density polyethylene and polypropylene resin
manufacturing; and
(iv) Pneumatic rubber tire manufacturing.
(2) (Reserved)
(e) Approval--On July 1, 1994, the Michigan Department of Natural
Resources submitted a petition for exemption from the oxides of nitrogen
requirements of the Clean Air Act for the East Lansing ozone
nonattainment area. The submittal pertained to the exemption from the
oxides of nitrogen requirements for conformity and new source review.
Theses are required by sections 176(c) and 182(f) of the 1990 amended
Clean Air Act, respectively. If a violation of the ozone standard occurs
in the East Lansing ozone nonattainment area, the exemption shall no
longer apply.
(f) Approval--On July 8, 1994, the Michigan Department of Natural
Resources submitted a petition for exemption from the oxides of nitrogen
requirements of the Clean Air Act for the Genesee County ozone
nonattainment area. The submittal pertained to the exemption from the
oxides of nitrogen requirements for conformity and new source review.
These are required by sections 176(c) and 182(f) of the 1990 amended
Clean Air Act, respectively. If a violation of the ozone standard occurs
in the Genesee County ozone nonattainment area, the exemption shall no
longer apply.
(g) [Reserved]
(h) Approval--On January 5, 1993, the Michigan Department of Natural
Resources submitted a revision to the ozone State Implementation Plan
for the 1990 base year emission inventory. The inventory was submitted
by the State of Michigan to satisfy Federal requirements under section
182(a)(1) of the Clean Air Act as amended in 1990, as a revision to the
ozone State Implementation Plan for the Detroit-Ann Arbor moderate ozone
nonattainment area. This area includes Livingston, Macomb, Monroe,
Oakland, St. Clair, Washtenaw, and Wayne counties.
(i) Approval--On November 12, 1993, the Michigan Department of
Natural Resources submitted a request to redesignate the Detroit-Ann
Arbor (consisting of Livingston, Macomb, Monroe, Oakland, St. Clair,
Washtenaw, and Wayne counties) ozone nonattainment area to attainment
for ozone. As part of the redesignation request, the State submitted a
maintenance plan as required by 175A of the Clean Air Act, as amended in
1990. Elements of the section 175A maintenance plan include a base year
(1993 attainment year) emission inventory for NOX and VOC, a
demonstration of maintenance of the ozone NAAQS with projected emission
inventories (including interim years) to the year 2005 for
NOX and VOC, a plan to verify continued attainment, a
contingency plan, and an obligation to submit a subsequent maintenance
plan revision in 8 years as required by the

[[Page 159]]

Clean Air Act. If the area records a violation of the ozone NAAQS (which
must be confirmed by the State), Michigan will implement one or more
appropriate contingency measure(s) which are contained in the
contingency plan. Appropriateness of a contingency measure will be
determined by an urban airshed modeling analysis. The Governor or his
designee will select the contingency measure(s) to be implemented based
on the analysis and the MDNR's recommendation. The menu of contingency
measures includes basic motor vehicle inspection and maintenance program
upgrades, Stage I vapor recovery expansion, Stage II vapor recovery,
intensified RACT for degreasing operations, NOX RACT, and RVP
reduction to 7.8 psi. The redesignation request and maintenance plan
meet the redesignation requirements in sections 107(d)(3)(E) and 175A of
the Act as amended in 1990, respectively. The redesignation meets the
Federal requirements of section 182(a)(1) of the Clean Air Act as a
revision to the Michigan Ozone State Implementation Plan for the above
mentioned counties.
(j) [Reserved]
(k) Determination--USEPA is determining that, as of July 20, 1995,
the Grand Rapids and Muskegon ozone nonattainment areas have attained
the ozone standard and that the reasonable further progress and
attainment demonstration requirements of section 182(b)(1) and related
requirements of section 172(c)(9) of the Clean Air Act do not apply to
the areas for so long as the areas do not monitor any violations of the
ozone standard. If a violation of the ozone NAAQS is monitored in either
the Grand Rapids or Muskegon ozone nonattainment area, the determination
shall no longer apply for the area that experiences the violation.
(l) Approval--EPA is approving the section 182(f) oxides of nitrogen
(NOX) reasonably available control technology (RACT), new
source review (NSR), vehicle inspection/maintenance (I/M), and general
conformity exemptions for the Grand Rapids (Kent and Ottawa Counties)
and Muskegon (Muskegon County) moderate nonattainment areas as requested
by the States of Illinois, Indiana, Michigan, and Wisconsin in a July
13, 1994 submittal. This approval also covers the exemption of
NOX transportation and general conformity requirements of
section 176(c) for the Counties of Allegan, Barry, Bay, Berrien, Branch,
Calhoun, Cass, Clinton, Eaton, Gratiot, Genesee, Hillsdale, Ingham,
Ionia, Jackson, Kalamazoo, Lenawee, Midland, Montcalm, St. Joseph,
Saginaw, Shiawasse, and Van Buren.
(m) Approval--On November 24, 1994, the Michigan Department of
Natural Resources submitted a revision to the ozone State Implementation
Plan. The submittal pertained to a plan for the implementation and
enforcement of the Federal transportation conformity requirements at the
State or local level in accordance with 40 CFR part 51, subpart T--
Conformity to State or Federal Implementation Plans of Transportation
Plans, Programs, and Projects Developed, Funded or Approved Under Title
23 U.S.C. or the Federal Transit Act.
(n) Approval--On November 29, 1994, the Michigan Department of
Natural Resources submitted a revision to the ozone State Implementation
Plan for general conformity rules. The general conformity SIP revisions
enable the State of Michigan to implement and enforce the Federal
general conformity requirements in the nonattainment or maintenance
areas at the State or local level in accordance with 40 CFR part 93,
subpart B--Determining Conformity of General Federal Actions to State or
Federal Implementation Plans.
(o) Approval--On March 9, 1996, the Michigan Department of
Environmental Quality submitted a request to redesignate the Grand
Rapids ozone nonattainment area (consisting of Kent and Ottawa Counties)
to attainment for ozone. As part of the redesignation request, the State
submitted a maintenance plan as required by 175A of the Clean Air Act,
as amended in 1990. Elements of the section 175A maintenance plan
include an attainment emission inventory for NOX and VOC, a
demonstration of maintenance of the ozone NAAQS with projected emission
inventories to the year 2007 for NOX and

[[Page 160]]

VOC, a plan to verify continued attainment, a contingency plan, and a
commitment to submit a subsequent maintenance plan revision in 8 years
as required by the Clean Air Act. If a violation of the ozone NAAQS,
determined not to be attributable to transport from upwind areas, is
monitored, Michigan will implement one or more appropriate contingency
measure(s) contained in the contingency plan. Once a violation of the
ozone NAAQS is recorded, the State will notify EPA, review the data for
quality assurance, and conduct a technical analysis, including an
analysis of meteorological conditions leading up to and during the
exceedances contributing to the violation, to determine local
culpability. This preliminary analysis will be submitted to EPA and
subjected to public review and comment. The State will solicit and
consider EPA's technical advice and analysis before making a final
determination on the cause of the violation. The Governor or his
designee will select the contingency measure(s) to be implemented within
6 months of a monitored violation attributable to ozone and ozone
precursors from the Grand Rapids area. The menu of contingency measures
includes a motor vehicle inspection and maintenance program, Stage II
vapor recovery, RVP reduction to 7.8 psi, RACT on major non-CTG VOC
sources in the categories of coating of plastics, coating of wood
furniture, and industrial cleaning solvents. The redesignation request
and maintenance plan meet the redesignation requirements in section
107(d)(3)(E) and 175A of the Act as amended in 1990, respectively. The
redesignation meets the Federal requirements of section 182(a)(1) of the
Clean Air Act as a revision to the Michigan Ozone State Implementation
Plan for the above mentioned counties.
(p) Approval--On November 22, 1995 the Michigan Department of
Natural Resources submitted a petition for exemption from transportation
conformity requirements for the Muskegon ozone nonattainment area. This
approval exempts the Muskegon ozone nonattainment area from
transportation conformity requirements under section 182(b)(1) of the
Clean Air Act. If a violation of the ozone standard occurs in the
Muskegon County ozone nonattainment area, the exemption shall no longer
apply.
(q) Correction of approved plan--Michigan air quality Administrative
Rule, R336.1901 (Rule 901)--Air Contaminant or Water Vapor, has been
removed from the approved plan pursuant to section 110(k)(6) of the
Clean Air Act (as amended in 1990).
(r) Approval--On March 9, 1995, the Michigan Department of
Environmental Quality submitted a request to redesignate the Muskegon
County ozone nonattainment area to attainment. As part of the
redesignation request, the State submitted a maintenance plan as
required by 175A of the Clean Air Act, as amended in 1990. Elements of
the section 175A maintenance plan include a contingency plan, and an
obligation to submit a subsequent maintenance plan revision in 8 years
as required by the Clean Air Act. If the area records a violation of the
1-hour ozone NAAQS, determined not to be attributable to transport from
upwind areas, Michigan will implement one or more appropriate
contingency measure(s) which are in the contingency plan. The menu of
contingency measures includes a motor vehicle inspection and maintenance
program, stage II vapor recovery, a low Reid vapor pressure gasoline
program, and rules for industrial cleanup solvents, plastic parts
coating, and wood furniture coating.
(s) Approval--On May 9, 2000, the State of Michigan submitted a
revision to the Michigan State Implementation Plan for ozone containing
a section 175A maintenance plan for the Flint and Saginaw-Midland-Bay
City areas as part of Michigan's request to redesignate the areas from
nonattainment to attainment for ozone. Elements of the section 175A
maintenance plan include a contingency plan, and an obligation to submit
a subsequent maintenance plan revision in 8 years as required by the
Clean Air Act. If monitors in any of these areas record a violation of
the ozone NAAQS (which must be confirmed by the State), Michigan will
adopt, submit to EPA, and implement one or more appropriate contingency
measure(s) which are in the contingency plan and will

[[Page 161]]

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

[[Page 162]]

diesel retrofit program; reduced VOC content in commercial and consumer
products rule; and a program to reduce idling. Also included in the
Michigan's submittal were motor vehicle emission budgets (MVEBs) for use
to determine transportation conformity in the areas. For the Grand
Rapids area, the 2018 MVEBs are 40.70 tpd for VOC and 97.87 tpd for
oxides of nitrogen (NOX). For the Kalamazoo-Battle Creek
area, the 2018 MVEBs are 29.67 tpd for VOC and 54.36 tpd for
NOX. For the Lansing-East Lansing area, the 2018 MVEBs are
28.32 tpd for VOC and 53.07 tpd for NOX. For the Benzie
County area, the 2018 MVEBs are 2.24 tpd for VOC and 1.99 tpd for
NOX. For the Huron County area, the 2018 MVEBs are 2.34 tpd
for VOC and 7.53 tpd for NOX. For the Mason County area, the
2018 MVEBs are 1.81 tpd for VOC and 2.99 tpd for NOX.
(y) Approval--On June 13, 2006, Michigan submitted requests to
redesignate the Flint (Genesee and Lapeer Counties), Muskegon (Muskegon
County), Benton Harbor (Berrien County), and Cass County areas to
attainment of the 8-hour ozone National Ambient Air Quality Standard
(NAAQS). The State supplemented its redesignation requests on August 25,
2006, and November 30, 2006. As part of its redesignation requests, the
State submitted maintenance plans as required by section 175A of the
Clean Air Act. Elements of the section 175 maintenance plan include a
contingency plan and an obligation to submit subsequent maintenance plan
revisions in 8 years as required by the Clean Air Act. If monitors in
any of these areas record a violation of the 8-hour ozone NAAQS,
Michigan will adopt and implement one or more contingency measures. The
list of possible contingency measures includes: Lower Reid vapor
pressure gasoline requirements; reduced volatile organic compound (VOC)
content in architectural, industrial, and maintenance coatings rule;
auto body refinisher self-certification audit program; reduced VOC
degreasing rule; transit improvements; diesel retrofit program; reduced
VOC content in commercial and consumer products rule; and a program to
reduce idling. Also included in the Michigan's submittal were motor
vehicle emission budgets (MVEBs) for use to determine transportation
conformity in the areas. For the Flint area, the 2018 MVEBs are 25.68
tpd for VOC and 37.99 tpd for oxides of nitrogen (NOX). For
the Muskegon area, the 2018 MVEBs are 6.67 tpd for VOC and 11.00 tpd for
NOX. For the Benton Harbor area, the 2018 MVEBs are 9.16 tpd
for VOC and 15.19 tpd for NOX. For the Cass County area, the
2018 MVEBs are 2.76 tpd for VOC and 3.40 tpd for NOX.
(z) Approval--On March 6, 2009, Michigan submitted a request to
redesignate the Detroit-Ann Arbor area (Lenawee, Livingston, Macomb,
Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties) to attainment
of the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS).
As part of its redesignation requests, the State submitted a maintenance
plan as required by section 175A of the Clean Air Act. Elements of the
section 175 maintenance plan include a contingency plan and an
obligation to submit subsequent maintenance plan revisions in 8 years as
required by the Clean Air Act. If monitors in any of these areas record
a violation of the 8-hour ozone NAAQS, Michigan will adopt and implement
one or more contingency measures. The list of possible contingency
measures includes: Reduced VOC content in architectural, industrial, and
maintenance (AIM) coatings rule; auto body refinisher self-certification
audit program; reduced VOC degreasing/solvent cleaning rule; diesel
retrofit program; reduced idling program; portable fuel container
replacement rule; and, food preparation flame broiler control rule. Also
included in the Michigan's submittal were a 2005 base year emissions
inventory and motor vehicle emission budgets (MVEBs) for use to
determine transportation conformity in the area. For the Detroit-Ann
Arbor area, Michigan has established separate MVEBS for the Southeast
Michigan Council of Governments (SEMCOG) region (Livingston, Macomb,
Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties) and for
Lenawee County. MDEQ has determined the 2020 MVEBs for the SEMCOG region
to be 106 tons per day for VOC and 274 tpd for NOX. MDEQ has
determined the 2020 MVEBs for

[[Page 163]]

Lenawee County to be 2.1 tpd for VOC and 4.4 tpd for NOX.

[45 FR 58528, Sept. 4, 1980]

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

Sec. 52.1175 Compliance schedules.

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

[[Page 164]]

Bend-Elkhart-Benton Harbor Interstate AQCR, or Upper Michigan Intrastate
AQCR shall notify the Administrator, no later than January 31, 1974, of
his intent to utilize either low-sulfur fuel or stack gas
desulfurization to comply with the limitation effective July 1, 1978, in
Table 3 or Table 4 of Rule 336.49.
(v) Any owner or operator of a stationary source subject to
paragraph (d)(2)(iv) of this section who elects to utilize low-sulfur
fuel shall take the following actions with respect to the source no
later than the dates specified.
(a) October 15, 1976--Submit to the Administrator a projection of
the amount of fuel, by types, that will be substantially adequate to
enable compliance with Table 3 of Rule 336.49 on July 1, 1978, and for
at least one year thereafter.
(b) December 31, 1976--Sign contracts with fuel suppliers for
projected fuel requirements.
(c) January 31, 1977--Submit a statement as to whether boiler
modifications will be required. If modifications will be required,
submit plans for such modifications.
(d) March 15, 1977--Let contracts for necessary boiler
modifications, if applicable.
(e) June 15, 1977--Initiate onsite modifications, if applicable.
(f) March 31, 1978--Complete onsite modifications, if applicable.
(g) July 1, 1978--Achieve final compliance with the applicable July
1, 1978, sulfur-in-fuel limitation listed in Table 3 of Rule 336.49.
(vi) Any owner or operator of a stationary source subject to
paragraph (d)(2)(iv) of this section who elects to utilize stack gas
desulfurization shall take the following actions with regard to the
source no later than the dates specified.
(a) November 1, 1976--Let necessary contracts for construction.
(b) March 1, 1977--Initiate onsite construction.
(c) March 31, 1978--Complete onsite construction.
(d) July 1, 1978--Achieve final compliance with the applicable July
1, 1978, mission limitation listed in Table 4 of Rule 336.49.
(e) If a performance test is necessary for a determination as to
whether compliance has been achieved, such a test must be completed by
July 1, 1978. Ten days prior to such a test, notice must be given to the
Administrator to afford him the opportunity to have an observer present.
(vii) Any owner or operator subject to a compliance schedule above
shall certify to the Administrator, within five days after the deadline
for each increment of progress in that schedule, whether or not the
increment has been met.
(3)(i) Paragraphs (d) (1) and (2) of this section shall not apply to
a source which is presently in compliance with Table 3 or Table 4 of
Rule 336.49 and which has certified such compliance to the Administrator
by October 1, 1973. The Administrator may request whatever supporting
information he considers necessary for proper certification.
(ii) Any compliance schedule adopted by the State and approved by
the Administrator shall satisfy the requirements of this paragraph for
the affected source.
(iii) Any owner or operator subject to a compliance schedule in this
paragraph may submit to the Administrator no later than October 1, 1973,
a proposed alternative compliance schedule. No such compliance schedule
may provide for final compliance after the final compliance date in the
applicable compliance schedule of this paragraph. If promulgated by the
Administrator, such schedule shall satisfy the requirements of this
paragraph for the affected source.
(4) Nothing in this paragraph shall preclude the Administrator from
promulgating a separate schedule for any source to which the application
of the compliance schedule in paragraph (d)(2) of this section fails to
satisfy the requirements of Sec. Sec. 51.261 and 51.262(a) of this
chapter.
(e) The compliance schedules for the sources identified below are
approved as meeting the requirements of Sec. 51.104 and subpart N of
this chapter. All regulations cited are air pollution control
regulations of the State, unless otherwise noted.

[[Page 165]]

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

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

[[Page 166]]

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

[37 FR 10873, May 31, 1972]

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

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

Sec. Sec. 52.1177-52.1178 [Reserved]

Sec. 52.1179 Control strategy: Carbon monoxide.

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

[70 FR 4023, Jan. 28, 2005]

Sec. 52.1180 Significant deterioration of air quality.

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

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

[[Page 167]]

Sec. 52.1181 Interstate pollution.

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

[46 FR 30084, June 5, 1981]

Sec. 52.1182 State boards.

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

[46 FR 30084, June 5, 1981]

Sec. 52.1183 Visibility protection.

(a) Reasonably Attributable Visibility Impairment. The requirements
of section 169A of the Clean Air Act are not met because the plan does
not include approvable measures for meeting the requirements of 40 CFR
51.302, 51.305, and 51.307 for protection of visibility in mandatory
Class I Federal areas.
(b) Regulation for visibility monitoring and new source review. The
provisions of Sec. Sec. 52.26 and 52.28 are hereby incorporated and
made a part of the applicable plan for the State of Michigan.
(c) Long-term strategy. The provisions of Sec. 52.29 are hereby
incorporated and made part of the applicable plan for the State of
Michigan.
(d) Regional Haze. The requirements of section 169A of the Clean Air
Act are not met because the regional haze plan submitted by Michigan on
November 5, 2010, does not include fully approvable measures for meeting
the requirements of 40 CFR 51.308(d)(3) and 51.308(e) with respect to
emissions of NOX and SO2 from electric generating
units. EPA has given limited approval and limited disapproval to the
plan provisions addressing these requirements.
(e) Measures Addressing Limited Disapproval Associated With NOX. The
deficiencies associated with NOX identified in EPA's limited
disapproval of the regional haze plan submitted by Michigan on November
5, 2010, are satisfied by Sec. 52.1186.
(f) Measures Addressing Limited Disapproval Associated With SO2. The
deficiencies associated with SO2 identified in EPA's limited
disapproval of the regional haze plan submitted by Michigan on November
5, 2010, are satisfied by Sec. 52.1187.
(g) The requirements of section 169A of the Clean Air Act are not
met because the regional haze plan submitted on November 5, 2010, does
not meet the best available retrofit technology requirements of 40 CFR
51.308(e) with respect to emissions of NOX and SO2
from Saint Marys Cement in Charlevoix and NOX from Escanaba
Paper Company in Escanaba. These requirements for these two facilities
are satisfied by 40 CFR 52.1183(h) and 40 CFR 52.1183(i), respectively.
(h)(1) For the 30-day period beginning January 1, 2017, and
thereafter, Saint Marys Cement, or any subsequent owner or operator of
the Saint Marys Cement facility located in Charlevoix, Michigan, shall
not cause or permit the emission of oxides of nitrogen (expressed as
NO2) to exceed 2.80 lb per ton of clinker as a 30-day rolling
average.
(2) For the 12-month period beginning January 1, 2017, and
thereafter, Saint Marys Cement, or any subsequent owner or operator of
the Saint Marys Cement facility located in Charlevoix, Michigan, shall
not cause or permit the emission of NOX (expressed as
NO2) to exceed 2.40 lb per ton of clinker as a 12-month
average.
(3) Saint Marys Cement, or any subsequent owner or operator of the
Saint Marys Cement facility located in Charlevoix, Michigan, shall not
cause or permit the emission of SO2 to exceed 7.50 lb per ton
of clinker as a 12-month average.
(4) Saint Marys Cement, or any subsequent owner or operator of the
Saint

[[Page 168]]

Marys Cement facility located in Charlevoix, Michigan, shall operate
continuous emission monitoring systems to measure NOX and
SO2 emissions from its kiln system in conformance with 40 CFR
part 60 appendix F procedure 1.
(5) The reference test method for assessing compliance with the
limit in paragraph (h)(1) of this section shall be use of a continuous
emission monitoring system operated in conformance with 40 CFR part 60,
appendix F, procedure 1. A new 30-day average shall be computed at the
end of each calendar day in which the kiln operates, based on the
following procedure: First, sum the total pounds of NOX
(expressed as NO2) emitted during the operating day and the
previous twenty-nine operating days, second, sum the total tons of
clinker produced during the same period, and third, divide the total
number of pounds by the total clinker produced during the thirty
operating days.
(6) The reference test method for assessing compliance with the
limit in paragraphs (h)(2) and (h)(3) of this section shall be use of a
continuous emission monitoring system operated in conformance with 40
CFR part 60, appendix F, procedure 1. A new 12-month average shall be
computed at the end of each calendar month, based on the following
procedure: First, sum the total pounds of NOX or
SO2, as applicable, emitted from the unit during the month
and the previous eleven calendar months, second, sum the total tons of
clinker production during the same period, and third, divide the total
number of pounds of emissions of NOX or SO2, as
applicable, by the total clinker production during the twelve calendar
months.
(7) Recordkeeping. The owner/operator shall maintain the following
records for at least five years:
(i) All CEMS data, including the date, place, and time of sampling
or measurement; parameters sampled or measured; and results.
(ii) All records of clinker production, which shall be monitored in
accordance with 40 CFR 60.63.
(iii) Records of quality assurance and quality control activities
for emissions measuring systems including, but not limited to, any
records required by 40 CFR part 60, appendix F, Procedure 1.
(iv) Records of all major maintenance activities conducted on
emission units, air pollution control equipment, CEMS and clinker
production measurement devices.
(v) Any other records required by 40 CFR part 60, subpart F, or 40
CFR part 60, appendix F, procedure 1.
(8) Reporting. All reports under this section shall be submitted to
Chief, Air Enforcement and Compliance Assurance Branch, U.S.
Environmental Protection Agency, Region 5, Mail Code AE-17J, 77 W.
Jackson Blvd., Chicago, IL 60604-3590.
(i) The owner/operator shall submit quarterly excess emissions
reports for SO2 and NOX BART limits no later than
the 30th day following the end of each calendar quarter. Excess
emissions means emissions that exceed the emissions limits specified in
paragraph (h)(1), (h)(2), and (h)(3) of this section. The reports shall
include the magnitude, date(s), and duration of each period of excess
emissions, specific identification of each period of excess emissions
that occurs during startups, shutdowns, and malfunctions of the unit,
the nature and cause of any malfunction (if known), and the corrective
action taken or preventative measures adopted.
(ii) Owner/operator of each unit shall submit quarterly CEMS
performance reports, to include dates and duration of each period during
which the CEMS was inoperative (except for zero and span adjustments and
calibration checks), reason(s) why the CEMS was inoperative and steps
taken to prevent recurrence, and any CEMS repairs or adjustments.
(iii) The owner/operator shall also submit results of any CEMS
performance tests required by 40 CFR part 60, appendix F, Procedure 1
(Relative Accuracy Test Audits, Relative Accuracy Audits, and Cylinder
Gas Audits).
(iv) When no excess emissions have occurred or the CEMS has not been
inoperative, repaired, or adjusted during the reporting period, such
information shall be stated in the quarterly reports required by
paragraphs (h)(7)(i) and (ii) of this section.

[[Page 169]]

(i) Escanaba Paper Company, or any subsequent owner or operator of
the Escanaba Paper Company facility in Escanaba, Michigan, shall meet
the following requirements and shall not cause or permit the emission of
NOX (expressed as NOX) to exceed the following
limits:
(1) For Boiler 8, designated as EU8B13, a rolling 30-day average
limit of 0.35 lb per MMBTU.
(2) A continuous emission monitoring system shall be operated to
measure NOX emissions from Boiler 8 in conformance with 40
CFR part 60, appendix F.
(3) The reference test method for assessing compliance with the
limit in paragraph (i)(1) of this section shall be a continuous emission
monitoring system operated in conformance with 40 CFR part 60, appendix
F. A new 30-day average shall be computed at the end of each calendar
day in which the boiler operated, based on the following procedure:
first, sum the total pounds of NOX emitted from the unit
during the operating day and the previous twenty-nine operating days,
second sum the total heat input to the unit in MMBTU during the same
period, and third, divide the total number of pounds of NOX
emitted by the total heat input during the thirty operating days.
(4) For Boiler 9, also identified as EU9B03, a limit of 0.27 lb per
MMBTU.
(5) The reference test method for assessing compliance with the
limit in paragraph (i)(4) of this section shall be a test conducted in
accordance with 40 CFR part 60, appendix A, Method 7.
(6) Recordkeeping. The owner/operator shall maintain the following
records regarding Boiler 8 and Boiler 9 for at least five years:
(i) All CEMS data, including the date, place, and time of sampling
or measurement; parameters sampled or measured; and results.
(ii) All stack test results.
(iii) Daily records of fuel usage, heat input, and data used to
determine heat content.
(iv) Records of quality assurance and quality control activities for
emissions measuring systems including, but not limited to, any records
required by 40 CFR part 60, appendix F, Procedure 1.
(v) Records of all major maintenance activities conducted on
emission units, air pollution control equipment, and CEMS.
(vi) Any other records identified in 40 CFR 60.49b(g) or 40 CFR part
60, appendix F, Procedure 1.
(7) Reporting. All reports under this section shall be submitted to
the Chief, Air Enforcement and Compliance Assurance Branch, U.S.
Environmental Protection Agency, Region 5, Mail Code AE-17J, 77 W.
Jackson Blvd., Chicago, IL 60604-3590.
(i) Owner/operator of Boiler 8 shall submit quarterly excess
emissions reports for the limit in paragraph (i)(1) no later than the
30th day following the end of each calendar quarter. Excess emissions
means emissions that exceed the emissions limit specified in paragraph
(i)(1) of this section. The reports shall include the magnitude,
date(s), and duration of each period of excess emissions, specific
identification of each period of excess emissions that occurs during
startups, shutdowns, and malfunctions of the unit, the nature and cause
of any malfunction (if known), and the corrective action taken or
preventative measures adopted.
(ii) Owner/operator of Boiler 8 shall submit quarterly CEMS
performance reports, to include dates and duration of each period during
which the CEMS was inoperative (except for zero and span adjustments and
calibration checks or when Boiler 8 is not operating), reason(s) why the
CEMS was inoperative and steps taken to prevent recurrence, and any CEMS
repairs or adjustments.
(iii) Owner/operator of Boiler 8 shall also submit results of any
CEMS performance tests required by 40 CFR part 60, appendix F, procedure
1 (Relative Accuracy Test Audits, Relative Accuracy Audits, and Cylinder
Gas Audits).
(iv) When no excess emissions have occurred or the CEMS has not been
inoperative, repaired, or adjusted during the reporting period, such
information shall be stated in the quarterly reports required by
paragraph (i)(7) of this section.
(v) Owner/operator of Boiler 9 shall submit reports of any
compliance test measuring NOX emissions from Boiler 9

[[Page 170]]

within 60 days of the last day of the test. If owner/operator commences
operation of a continuous NOX emission monitoring system for
Boiler 9, owner/operator shall submit reports for Boiler 9 as specified
for Boiler 8 in paragraphs (i)(7)(i) to (i)(7)(iv) of this section.
(j) [Reserved]
(k) Tilden Mining Company, or any subsequent owner/operator of the
Tilden Mining Company facility in Ishpeming, Michigan, shall meet the
following requirements:
(1) NOX Emission Limits. An emission limit of 1.5 lbs
NOX/MMBtu, based on a 30-day rolling average, shall apply to
the indurating furnace, Grate Kiln Line 1 (EUKILN1), beginning 26 months
from March 8, 2013. However, for any 30, or more, consecutive days when
only natural gas is used a limit of 1.2 lbs NOX/MMBtu, based
on a 30-day rolling average, shall apply.
(2) SO2 Emission Limits. A fuel sulfur content limit of no greater
than 1.20 percent sulfur content by weight shall apply to fuel combusted
in Process Boiler 1 (EUBOILER1) and Process Boiler 2
(EUBOILER2) beginning 3 months from March 8, 2013. A fuel sulfur content
limit of no greater than 1.50 percent sulfur content by weight shall
apply to fuel combusted in the Line 1 Dryer (EUDRYER1) beginning 3
months from March 8, 2013. The sampling and calculation methodology for
determining the sulfur content of fuel must be described in the
monitoring plan required at paragraph (n)(8)(x) of this section.
(3) The owner or operator of the facility must switch Grate Kiln
Line 1 (EUKILN1) to 100 percent natural gas beginning 1 year from March
8, 2013. For the purposes of CEMS requirements, the compliance date by
which the CEMS must be installed and operated for Tilden is one year
from March 8, 2013. Within 26 months of March 8, 2013, the owner or
operator must calculate and comply with an SO2 limit based on
one year of hourly CEMS emissions data reported in lbs SO2/hr
and submit such limit, calculations and CEMS data to EPA. This limit
shall be calculated in terms of lbs SO2/hr, based on the
following equations, with compliance to be determined on a 30-day
rolling average.

m - (n + 1) * a

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

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

UPL = Xm,
Where:

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

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

Where:

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

(4) Starting 26 months from March 8, 2013, records shall be kept for
any day during which fuel oil is burned as fuel (either alone or blended
with other fuels) in Grate Kiln Line 1. These records must include, at a
minimum, the gallons of fuel oil burned per hour, the sulfur content of
the fuel oil, and the SO2 emissions in pounds per hour.
(5) Starting 26 months from March 8, 2013 for Grate Kiln Line 1, the
SO2 limit does not apply for any hour in which it is
documented that there is a natural gas curtailment, beyond Cliffs'
control, necessitating that the supply of natural gas to Tilden's Line 1
indurating furnace is restricted or eliminated. Records must be kept of
the cause of the curtailment and duration of such curtailment. During
such curtailment, the use of backup coal is restricted to coal with no
greater than 0.60 percent sulfur by weight.

[[Page 171]]

(l) Testing and monitoring. (1) The owner or operator shall install,
certify, calibrate, maintain and operate a Continuous Emissions
Monitoring System (CEMS) for NOX on Tilden Mining Company
unit EUKILN1. Compliance with the emission limits for NOX
shall be determined using data from the CEMS.
(2) The owner or operator shall install, certify, calibrate,
maintain and operate a CEMS for SO2 on Tilden Mining Company
unit EUKILN1. Compliance with the emission standard selected for
SO2 shall be determined using data from the CEMS.
(3) The owner or operator shall install, certify, calibrate,
maintain and operate one or more continuous diluent monitor(s)
(O2 or CO2) and continuous flow rate monitor(s) on
Tilden Mining Company unit EUKILN1 to allow conversion of the
NOX and SO2 concentrations to units of the
standard (lbs/MMBtu and lbs/hr, respectively) unless a demonstration is
made that a diluent monitor and continuous flow rate monitor are not
needed for the owner or operator to demonstrate compliance with
applicable emission limits in units of the standards.
(4) For purposes of this section, all CEMS required by this section
must meet the requirements of paragraphs (l)(4)(i)-(xiv) of this
section.
(i) All CEMS must be installed, certified, calibrated, maintained,
and operated in accordance with 40 CFR Part 60, Appendix B, Performance
Specification 2 (PS-2) and Appendix F, Procedure 1.
(ii) All CEMS associated with monitoring NOX (including
the NOX monitor and necessary diluent and flow rate monitors)
must be installed and operational no later than the compliance date for
the emission limit identified at (k)(1). All CEMS associated with
monitoring SO2 must be installed and operational no later
than twelve months after March 8, 2013. Verification of the CEMS
operational status shall, as a minimum, include completion of the
manufacturer's written requirements or recommendations for installation,
operation, and calibration of the devices.
(iii) The owner or operator must conduct a performance evaluation of
each CEMS in accordance with 40 CFR Part 60, Appendix B, PS-2. The
performance evaluations must be completed no later than 60 days after
the respective CEMS installation.
(iv) The owner or operator of each CEMS must conduct periodic
Quality Assurance, Quality Control (QA/QC) checks of each CEMS in
accordance with 40 CFR Part 60, Appendix F, Procedure 1. The first CEMS
accuracy test will be a relative accuracy test audit (RATA) and must be
completed no later than 60 days after the respective CEMS installation.
(v) The owner or operator of each CEMS must furnish the Regional
Administrator two, or upon request, more copies of a written report of
the results of each performance evaluation and QA/QC check within 60
days of completion.
(vi) The owner or operator of each CEMS must check, record, and
quantify the zero and span calibration drifts at least once daily (every
24 hours) in accordance with 40 CFR Part 60, Appendix F, Procedure 1,
Section 4.
(vii) Except for CEMS breakdowns, repairs, calibration checks, and
zero and span adjustments, all CEMS required by this section shall be in
continuous operation during all periods of process operation of the
indurating furnaces, including periods of process unit startup,
shutdown, and malfunction.
(viii) All CEMS required by this section must meet the minimum data
requirements at paragraphs (l)(4)(viii)(A)-(C) of this section.
(A) Complete a minimum of one cycle of operation (sampling,
analyzing, and data recording) for each successive 15-minute quadrant of
an hour.
(B) Sample, analyze and record emissions data for all periods of
process operation except as described in paragraph (l)(4)(viii)(C) of
this section.
(C) When emission data from CEMS are not available due to continuous
monitoring system breakdowns, repairs, calibration checks, or zero and
span adjustments, emission data must be obtained using other monitoring
systems or emission estimation methods approved by the EPA. The other

[[Page 172]]

monitoring systems or emission estimation methods to be used must be
incorporated into the monitoring plan required by this section and
provide information such that emissions data are available for a minimum
of 18 hours in each 24 hour period and at least 22 out of 30 successive
unit operating days.
(ix) Owners or operators of each CEMS required by this section must
reduce all data to 1-hour averages. Hourly averages shall be computed
using all valid data obtained within the hour but no less than one data
point in each fifteen-minute quadrant of an hour. Notwithstanding this
requirement, an hourly average may be computed from at least two data
points separated by a minimum of 15 minutes (where the unit operates for
more than one quadrant in an hour) if data are unavailable as a result
of performance of calibration, quality assurance, preventive maintenance
activities, or backups of data from data acquisition and handling
systems, and recertification events.
(x) The 30-day rolling average emission rate determined from data
derived from the CEMS required by this section (in lbs/MMBtu or lbs/hr
depending on the emission standard selected) must be calculated in
accordance with paragraphs (l)(4)(x)(A)-(F) of this section.
(A) Sum the total pounds of the pollutant in question emitted from
the Unit during an operating day and the previous twenty-nine operating
days.
(B) Sum the total heat input to the unit (in MMBtu) or the total
actual hours of operation (in hours) during an operating day and the
previous twenty-nine operating days.
(C) Divide the total number of pounds of the pollutant in question
emitted during the thirty operating days by the total heat input (or
actual hours of operation depending on the emission limit selected)
during the thirty operating days.
(D) For purposes of this calculation, an operating day is any day
during which fuel is combusted in the BART affected Unit regardless of
whether pellets are produced. Actual hours of operation are the total
hours a unit is firing fuel regardless of whether a complete 24-hour
operational cycle occurs (i.e. if the furnace is firing fuel for only 5
hours during a 24-hour period, then the actual operating hours for that
day are 5. Similarly, total number of pounds of the pollutant in
question for that day is determined only from the CEMS data for the five
hours during which fuel is combusted.)
(E) If the owner or operator of the CEMS required by this section
uses an alternative method to determine 30-day rolling averages, that
method must be described in detail in the monitoring plan required by
this section. The alternative method will only be applicable if the
final monitoring plan and the alternative method are approved by EPA.
(F) A new 30-day rolling average emission rate must be calculated
for the period ending each new operating day.
(xi) The 30-day rolling average removal efficiency determined from
data derived from the CEMS required by this section must be calculated
in accordance with paragraphs (l)(4)(xi)(A)-(G) of this section.
(A) Calculate the 30-day rolling average emission rate described in
paragraphs (l)(4)(x)(A)-(F) of this section at the inlet of the control
device.
(B) Calculate the 30-day rolling average emission rate described in
paragraphs (l)(4)(x)(A)-(F) of this section at the outlet of the control
device.
(C) Subtract the 30-day rolling average emission rate determined at
the outlet of the control device from the 30-day rolling average
emission rate determined at the inlet of the control device.
(D) Divide the result of paragraph (l)(4)(xi)(C) of this section by
the 30-day rolling average emission rate determined at the inlet.
(E) Multiply the result of paragraph (l)(4)(xi)(D) of this section
by 100 to determine the 3-day rolling average percent removal
efficiency.
(F) If the owner or operator of the CEMS required by this section
uses an alternative method to determine the 30-day rolling average
removal efficiency, that method must be described in detail in the
monitoring plan required by this section. The alternative method will
only be applicable if the final monitoring plan and the alternative
method are approved by EPA.

[[Page 173]]

(G) A new 30-day rolling average removal efficiency must be
calculated for each new operating day.
(xii) Data substitution must not be used for purposes of determining
compliance under this section.
(xiii) All CEMS data shall be reduced and reported in units of the
applicable standard.
(xiv) A Quality Control Program must be developed and implemented
for all CEMS required by this section in accordance with 40 CFR Part 60,
Appendix F, Procedure 1, Section 3. The program will include, at a
minimum, written procedures and operations for calibration checks,
calibration drift adjustments, preventative maintenance, data
collection, recording and reporting, accuracy audits/procedures,
periodic performance evaluations, and a corrective action program for
malfunctioning CEMS.
(m) Recordkeeping requirements. (1)(i) Records required by this
section must be kept in a form suitable and readily available for
expeditious review.
(ii) Records required by this section must be kept for a minimum of
5 years following the date of creation.
(iii) Records must be kept on site for at least 2 years following
the date of creation and may be kept offsite, but readily accessible,
for the remaining 3 years.
(2) The owner or operator of the BART affected unit must maintain
the records identified in paragraphs (m)(2)(i)-(xi) of this section.
(i) A copy of each notification and report developed for and
submitted to comply with this section including all documentation
supporting any initial notification or notification of compliance status
submitted, according to the requirements of this section.
(ii) Records of the occurrence and duration of each startup,
shutdown, and malfunction of the BART affected unit, air pollution
control equipment, and CEMS required by this section.
(iii) Records of activities taken during each startup, shutdown, and
malfunction of the BART affected unit, air pollution control equipment,
and CEMS required by this section.
(iv) Records of the occurrence and duration of all major maintenance
conducted on the BART affected unit, air pollution control equipment,
and CEMS required by this section.
(v) Records of each excess emission report, including all
documentation supporting the reports, dates and times when excess
emissions occurred, investigations into the causes of excess emissions,
actions taken to minimize or eliminate the excess emissions, and
preventative measures to avoid the cause of excess emissions from
occurring again.
(vi) Records of all CEMS data including, as a minimum, the date,
location, and time of sampling or measurement, parameters sampled or
measured, and results.
(vii) All records associated with quality assurance and quality
control activities on each CEMS as well as other records required by 40
CFR Part 60, Appendix F, Procedure 1 including, but not limited to, the
quality control program, audit results, and reports submitted as
required by this section.
(viii) Records of the NOX emissions during all periods of
BART affected unit operation, including startup, shutdown and
malfunction, in the units of the standard. The owner or operator shall
convert the monitored data into the appropriate unit of the emission
limitation using appropriate conversion factors and F-factors. F-factors
used for purposes of this section shall be documented in the monitoring
plan and developed in accordance with 40 CFR Part 60, Appendix A, Method
19. The owner or operator may use an alternate method to calculate the
NOX emissions upon written approval from EPA.
(ix) Records of the SO2 emissions or records of the
removal efficiency (based on CEMS data), depending on the emission
standard selected, during all periods of operation, including periods of
startup, shutdown and malfunction, in the units of the standard.
(x) Records associated with the CEMS unit including type of CEMS,
CEMS model number, CEMS serial number, and initial certification of each
CEMS conducted in accordance with 40 CFR Part 60, Appendix B,
Performance Specification 2 must be kept for the life of the CEMS unit.

[[Page 174]]

(xi) Records of all periods of fuel oil usage as required at
paragraph (k)(4) of this section.
(n) Reporting requirements. (1) All requests, reports, submittals,
notifications, and other communications to the Regional Administrator
required by this section shall be submitted, unless instructed
otherwise, to the Air and Radiation Division, U.S. Environmental
Protection Agency, Region 5 (A-18J) at 77 West Jackson Boulevard,
Chicago, Illinois 60604. References in this section to the Regional
Administrator shall mean the EPA Regional Administrator for Region 5.
(2) The owner or operator of each BART affected unit identified in
this section and CEMS required by this section must provide to the
Regional Administrator the written notifications, reports and plans
identified at paragraphs (n)(2)(i)-(viii) of this section. If acceptable
to both the Regional Administrator and the owner or operator of each
BART affected unit identified in this section and CEMS required by this
section the owner or operator may provide electronic notifications,
reports and plans.
(i) A notification of the date construction of control devices and
installation of burners required by this section commences postmarked no
later than 30 days after the commencement date.
(ii) A notification of the date the installation of each CEMS
required by this section commences postmarked no later than 30 days
after the commencement date.
(iii) A notification of the date the construction of control devices
and installation of burners required by this section is complete
postmarked no later than 30 days after the completion date.
(iv) A notification of the date the installation of each CEMS
required by this section is complete postmarked no later than 30 days
after the completion date.
(v) A notification of the date control devices and burners installed
by this section startup postmarked no later than 30 days after the
startup date.
(vi) A notification of the date CEMS required by this section
startup postmarked no later than 30 days after the startup date.
(vii) A notification of the date upon which the initial CEMS
performance evaluations are planned. This notification must be submitted
at least 60 days before the performance evaluation is scheduled to
begin.
(viii) A notification of initial compliance, signed by the
responsible official who shall certify its accuracy, attesting to
whether the source has complied with the requirements of this section,
including, but not limited to, applicable emission standards, control
device and burner installations, CEMS installation and certification.
This notification must be submitted before the close of business on the
60th calendar day following the completion of the compliance
demonstration and must include, at a minimum, the information at
paragraphs (n)(2)(viii)(A)-(F) of this section.
(A) The methods used to determine compliance.
(B) The results of any CEMS performance evaluations, and other
monitoring procedures or methods that were conducted.
(C) The methods that will be used for determining continuing
compliance, including a description of monitoring and reporting
requirements and test methods.
(D) The type and quantity of air pollutants emitted by the source,
reported in units of the standard.
(E) A description of the air pollution control equipment and burners
installed as required by this section, for each emission point.
(F) A statement by the owner or operator as to whether the source
has complied with the relevant standards and other requirements.
(3) The owner or operator must develop and implement a written
startup, shutdown, and malfunction plan for NOX and
SO2. The plan must include, at a minimum, procedures for
operating and maintaining the source during periods of startup,
shutdown, and malfunction; and a program of corrective action for a
malfunctioning process and air pollution control and monitoring
equipment used to comply with the relevant standard. The plan must
ensure that, at all times, the owner or

[[Page 175]]

operator operates and maintains each affected source, including
associated air pollution control and monitoring equipment, in a manner
which satisfies the general duty to minimize or eliminate emissions
using good air pollution control practices. The plan must ensure that
owners or operators are prepared to correct malfunctions as soon as
practicable after their occurrence.
(4) The written reports of the results of each performance
evaluation and QA/QC check in accordance with and as required by
paragraph (l)(4)(v) of this section.
(5) Compliance Reports. The owner or operator of each BART affected
unit must submit semiannual compliance reports. The semiannual
compliance reports must be submitted in accordance with paragraphs
(n)(5)(i) through (iv) of this section, unless the Regional
Administrator has approved a different schedule.
(i) The first compliance report must cover the period beginning on
the compliance date that is specified for the affected source through
June 30 or December 31, whichever date comes first after the compliance
date that is specified for the affected source.
(ii) The first compliance report must be postmarked no later than 30
calendar days after the reporting period covered by that report (July 30
or January 30), whichever comes first.
(iii) Each subsequent compliance report must cover the semiannual
reporting period from January 1 through June 30 or the semiannual
reporting period from July 1 through December 31.
(iv) Each subsequent compliance report must be postmarked no later
than 30 calendar days after the reporting period covered by that report
(July 30 or January 30).
(6) Compliance report contents. Each compliance report must include
the information in paragraphs (n)(6)(i) through (vi) of this section.
(i) Company name and address.
(ii) Statement by a responsible official, with the official's name,
title, and signature, certifying the truth, accuracy, and completeness
of the content of the report.
(iii) Date of report and beginning and ending dates of the reporting
period.
(iv) Identification of the process unit, control devices, and CEMS
covered by the compliance report.
(v) A record of each period of a startup, shutdown, or malfunction
during the reporting period and a description of the actions the owner
or operator took to minimize or eliminate emissions arising as a result
of the startup, shutdown or malfunction and whether those actions were
or were not consistent with the source's startup, shutdown, and
malfunction plan.
(vi) A statement identifying whether there were or were not any
deviations from the requirements of this section during the reporting
period. If there were deviations from the requirements of this section
during the reporting period, then the compliance report must describe in
detail the deviations which occurred, the causes of the deviations,
actions taken to address the deviations, and procedures put in place to
avoid such deviations in the future. If there were no deviations from
the requirements of this section during the reporting period, then the
compliance report must include a statement that there were no
deviations. For purposes of this section, deviations include, but are
not limited to, emissions in excess of applicable emission standards
established by this section, failure to continuously operate an air
pollution control device in accordance with operating requirements
designed to assure compliance with emission standards, failure to
continuously operate CEMS required by this section, and failure to
maintain records or submit reports required by this section.
(7) Each owner or operator of a CEMS required by this section must
submit quarterly excess emissions and monitoring system performance
reports to the Regional Administrator for each pollutant monitored for
each BART affected unit monitored. All reports must be postmarked by the
30th day following the end of each three-month period of a calendar year
(January-March, April-June, July-September, October-December) and must
include, at a minimum, the requirements at paragraphs (n)(7)(i)-(xv).
(i) Company name and address.
(ii) Identification and description of the process unit being
monitored.

[[Page 176]]

(iii) The dates covered by the reporting period.
(iv) Total source operating hours for the reporting period.
(v) Monitor manufacturer, monitor model number and monitor serial
number.
(vi) Pollutant monitored.
(vii) Emission limitation for the monitored pollutant.
(viii) Date of latest CEMS certification or audit.
(ix) A description of any changes in continuous monitoring systems,
processes, or controls since the last reporting period.
(x) A table summarizing the total duration of excess emissions, as
defined at paragraphs (n)(7)(x)(A)-(B) of this section, for the
reporting period broken down by the cause of those excess emissions
(startup/shutdown, control equipment problems, process problems, other
known causes, unknown causes), and the total percent of excess emissions
(for all causes) for the reporting period calculated as described at
paragraph (n)(7)(x)(C) of this section.
(A) For purposes of this section, an excess emission is defined as
any 30-day rolling average period, including periods of startup,
shutdown and malfunction, during which the 30-day rolling average
emissions of either regulated pollutant (SO2 and
NOX), as measured by a CEMS, exceeds the applicable emission
standards in this section.
(B) For purposes of this section, if a facility calculates a 30-day
rolling average emission rate in accordance with this section which
exceeds the applicable emission standards of this section, then it will
be considered 30 days of excess emissions. If the following 30-day
rolling average emission rate is calculated and found to exceed the
applicable emission standards of this section as well, then it will add
one more day to the total days of excess emissions (i.e. 31 days).
Similarly, if an excess emission is calculated for a 30-day rolling
average period and no additional excess emissions are calculated until
15 days after the first, then that new excess emission will add 15 days
to the total days of excess emissions (i.e. 30 + 15 = 45). For purposes
of this section, if an excess emission is calculated for any period of
time within a reporting period, there will be no fewer than 30 days of
excess emissions but there should be no more than 121 days of excess
emissions for a reporting period.
(C) For purposes of this section, the total percent of excess
emissions will be determined by summing all periods of excess emissions
(in days) for the reporting period, dividing that number by the total
BART affected unit operating days for the reporting period, and then
multiplying by 100 to get the total percent of excess emissions for the
reporting period. An operating day, as defined previously, is any day
during which fuel is fired in the BART affected unit for any period of
time. Because of the possible overlap of 30-day rolling average excess
emissions across quarters, there are some situations where the total
percent of excess emissions could exceed 100 percent. This extreme
situation would only result from serious excess emissions problems where
excess emissions occur for nearly every day during a reporting period.
(xi) A table summarizing the total duration of monitor downtime, as
defined at paragraph (n)(7)(xi)(A) of this section, for the reporting
period broken down by the cause of the monitor downtime (monitor
equipment malfunctions, non-monitor equipment malfunctions, quality
assurance calibration, other known causes, unknown causes), and the
total percent of monitor downtime (for all causes) for the reporting
period calculated as described at paragraph (n)(7)(xi)(B) of this
section.
(A) For purposes of this section, monitor downtime is defined as any
period of time (in hours) during which the required monitoring system
was not measuring emissions from the BART affected unit. This includes
any period of CEMS QA/QC, daily zero and span checks, and similar
activities.
(B) For purposes of this section, the total percent of monitor
downtime will be determined by summing all periods of monitor downtime
(in hours) for the reporting period, dividing that number by the total
number of BART affected unit operating hours for the reporting period,
and then multiplying by 100 to get the total percent of excess emissions
for the reporting period.

[[Page 177]]

(xii) A table which identifies each period of excess emissions for
the reporting period and includes, at a minimum, the information in
paragraphs (n)(7)(xii)(A)-(F) of this section.
(A) The date of each excess emission.
(B) The beginning and end time of each excess emission.
(C) The pollutant for which an excess emission occurred.
(D) The magnitude of the excess emission.
(E) The cause of the excess emission.
(F) The corrective action taken or preventative measures adopted to
minimize or eliminate the excess emissions and prevent such excess
emission from occurring again.
(xiii) A table which identifies each period of monitor downtime for
the reporting period and includes, at a minimum, the information in
paragraphs (n)(7)(xiii)(A)-(D) of this section.
(A) The date of each period of monitor downtime.
(B) The beginning and end time of each period of monitor downtime.
(C) The cause of the period of monitor downtime.
(D) The corrective action taken or preventative measures adopted for
system repairs or adjustments to minimize or eliminate monitor downtime
and prevent such downtime from occurring again.
(xiv) If there were no periods of excess emissions during the
reporting period, then the excess emission report must include a
statement which says there were no periods of excess emissions during
this reporting period.
(xv) If there were no periods of monitor downtime, except for daily
zero and span checks, during the reporting period, then the excess
emission report must include a statement which says there were no
periods of monitor downtime during this reporting period except for the
daily zero and span checks.
(8) The owner or operator of each CEMS required by this section must
develop and submit for review and approval by the Regional Administrator
a site specific monitoring plan. The purpose of this monitoring plan is
to establish procedures and practices which will be implemented by the
owner or operator in its effort to comply with the monitoring,
recordkeeping and reporting requirements of this section. The monitoring
plan must include, at a minimum, the information at paragraphs
(n)(8)(i)-(x) of this section.
(i) Site specific information including the company name, address,
and contact information.
(ii) The objectives of the monitoring program implemented and
information describing how those objectives will be met.
(iii) Information on any emission factors used in conjunction with
the CEMS required by this section to calculate emission rates and a
description of how those emission factors were determined.
(iv) A description of methods to be used to calculate emission rates
when CEMS data is not available due to downtime associated with QA/QC
events.
(v) A description of the QA/QC program to be implemented by the
owner or operator of CEMS required by this section. This can be the QA/
QC program developed in accordance with 40 CFR Part 60, Appendix F,
Procedure 1, Section 3.
(vi) A list of spare parts for CEMS maintained on site for system
maintenance and repairs.
(vii) A description of the procedures to be used to calculate 30-day
rolling averages and an example calculation which shows the algorithms
used by the CEMS to calculate 30-day rolling averages.
(viii) A sample of the document to be used for the quarterly excess
emission reports required by this section.
(ix) A description of the procedures to be implemented to
investigate root causes of excess emissions and monitor downtime and the
proposed corrective actions to address potential root causes of excess
emissions and monitor downtime.
(x) A description of the sampling and calculation methodology for
determining the percent sulfur by weight as a monthly block average for
coal used during that month.
(o) The requirements of section 169A of the Clean Air Act are not
met because the regional haze plan submitted by the state on November 5,
2010, does not meet the requirements of 40 CFR 51.308(e) with respect to
NOX and SO2

[[Page 178]]

emissions from Tilden Mining Company L.C. of Ishpeming, Michigan. The
requirements for this facility are satisfied by complying with Sec.
52.1183(k-n)

[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987;
77 FR 33657, June 7, 2012; 77 FR 71550, Dec. 3, 2012; 78 FR 8733, Feb.
6, 2013; 78 FR 59839, Sept. 30, 2013]

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

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

[59 FR 28788, June 3, 1994]

Sec. 52.1185 Control strategy: Carbon monoxide.

(a) Approval--On November 24, 1994, the Michigan Department of
Natural Resources submitted a revision to the carbon monoxide State
Implementation Plan. The submittal pertained to a plan for the
implementation and enforcement of the Federal transportation conformity
requirements at the State or local level in accordance with 40 CFR part
51, subpart T--Conformity to State or Federal Implementation Plans of
Transportation Plans, Programs, and Projects Developed, Funded or
Approved Under Title 23 U.S.C. or the Federal Transit Act.
(b) Approval--On November 29, 1994, the Michigan Department of
Natural Resources submitted a revision to the carbon monoxide State
Implementation Plan for general conformity rules. The general conformity
SIP revisions enable the State of Michigan to implement and enforce the
Federal general conformity requirements in the nonattainment or
maintenance areas at the State or local level in accordance with 40 CFR
part 93, subpart B--Determining Conformity of General Federal Actions to
State or Federal Implementation Plans.

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

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

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

[[Page 179]]

(2) Notwithstanding any provisions of paragraph (b)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX Ozone Season
allowances to sources in the State for any years, the provisions of part
97 of this chapter authorizing the Administrator to complete the
allocation of CAIR NOX Ozone Season allowances for those
years shall continue to apply, unless the Administrator approves a SIP
provision that provides for the allocation of the remaining CAIR
NOX Ozone Season allowances for those years.
(c) Notwithstanding any provisions of paragraphs (a) and (b) of this
section and subparts AA through II and AAAA through IIII of part 97 of
this chapter to the contrary:
(1) With regard to any control period that begins after December 31,
2011,
(i) The provisions in paragraphs (a) and (b) of this section
relating to NOX annual or ozone season emissions shall not be
applicable; and
(ii) The Administrator will not carry out any of the functions set
forth for the Administrator in subparts AA through II and AAAA through
IIII of part 97 of this chapter;
(2) The Administrator will not deduct for excess emissions any CAIR
NOX allowances or CAIR NOX Ozone Season allowances
allocated for 2012 or any year thereafter;
(3) By November 7, 2011, the Administrator will remove from the CAIR
NOX Allowance Tracking System accounts all CAIR
NOX allowances allocated for a control period in 2012 and any
subsequent year, and, thereafter, no holding or surrender of CAIR
NOX allowances will be required with regard to emissions or
excess emissions for such control periods; and
(4) By November 7, 2011, the Administrator will remove from the CAIR
NOX Ozone Season Allowance Tracking System accounts all CAIR
NOX Ozone Season allowances allocated for a control period in
2012 and any subsequent year, and, thereafter, no holding or surrender
of CAIR NOX Ozone Season allowances will be required with
regard to emissions or excess emissions for such control periods.
(d)(1) The owner and operator of each source and each unit located
in the State of Michigan and Indian country within the borders of the
State and for which requirements are set forth under the TR
NOX Annual Trading Program in subpart AAAAA of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to Michigan's State Implementation Plan
(SIP) as correcting in part the SIP's deficiency that is the basis for
the TR Federal Implementation Plan under Sec. 52.38(a), except to the
extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in Indian country within the borders of the State will not
be eliminated by the promulgation of an approval by the Administrator of
a revision to Michigan's SIP.
(2) Notwithstanding the provisions of paragraph (d)(1) of this
section, if, at the time of the approval of Michigan's SIP revision
described in paragraph (d)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Annual
allowances under subpart AAAAA of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
AAAAA of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR NOX Annual
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.
(e)(1) The owner and operator of each source and each unit located
in the State of Michigan and Indian country within the borders of the
State and for which requirements are set forth under the TR
NOX Ozone Season Trading Program in subpart BBBBB of part 97
of this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to Michigan's State Implementation Plan
(SIP) as correcting the SIP's deficiency that is the basis for

[[Page 180]]

the TR Federal Implementation Plan under Sec. 52.38(b), except to the
extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in Indian country within the borders of the State will not
be eliminated by the promulgation of an approval by the Administrator of
a revision to Michigan's SIP.
(2) Notwithstanding the provisions of paragraph (e)(1) of this
section, if, at the time of the approval of Michigan's SIP revision
described in paragraph (e)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Ozone
Season allowances under subpart BBBBB of part 97 of this chapter to
units in the State for a control period in any year, the provisions of
subpart BBBBB of part 97 of this chapter authorizing the Administrator
to complete the allocation and recordation of TR NOX Ozone
Season allowances to units in the State for each such control period
shall continue to apply, unless provided otherwise by such approval of
the State's SIP revision.

[72 FR 62350, Nov. 2, 2007, as amended at 76 FR 48367, Aug. 8, 2011; 76
FR 80774, Dec. 27, 2011]

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

(a)The owner and operator of each SO2 source located
within the State of Michigan and for which requirements are set forth
under the Federal CAIR SO2 Trading Program in subparts AAA
through III of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an approval
by the Administrator of a revision to the Michigan State Implementation
Plan as meeting the requirements of CAIR for PM2.5 relating
to SO2 under Sec. 51.124 of this chapter, except to the
extent the Administrator's approval is partial or conditional or unless
such approval is under Sec. 51.124(r) of this chapter.
(b) Notwithstanding any provisions of paragraph (a) of this section
and subparts AAA through III of part 97 of this chapter and any State's
SIP to the contrary:
(1) With regard to any control period that begins after December 31,
2011,
(i) The provisions of paragraph (a) of this section relating to
SO2 emissions shall not be applicable; and
(ii) The Administrator will not carry out any of the functions set
forth for the Administrator in subparts AAA through III of part 97 of
this chapter; and
(2) The Administrator will not deduct for excess emissions any CAIR
SO2 allowances allocated for 2012 or any year thereafter.
(c)(1) The owner and operator of each source and each unit located
in the State of Michigan and Indian country within the borders of the
State and for which requirements are set forth under the TR
SO2 Group 1 Trading Program in subpart CCCCC of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to Michigan's State Implementation Plan
(SIP) as correcting in part the SIP's deficiency that is the basis for
the TR Federal Implementation Plan under Sec. 52.39, except to the
extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in Indian country within the borders of the State will not
be eliminated by the promulgation of an approval by the Administrator of
a revision to Michigan's SIP.
(2) Notwithstanding the provisions of paragraph (c)(1) of this
section, if, at the time of the approval of Maryland's SIP revision
described in paragraph (c)(1) of this section, the Administrator has
already started recording any allocations of TR SO2 Group 1
allowances under subpart CCCCC of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
CCCCC of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR SO2 Group 1
allowances to units in the State for each such control period shall
continue to apply, unless

[[Page 181]]

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

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

Sec. 52.1188 [Reserved]

Sec. 52.1190 Original Identification of plan section.

(a) This section identifies the original ``Air Implementation Plan
for the State of Michigan'' and all revisions submitted by Michigan that
were federally approved prior to August 1, 2006.
(b) The plan was officially submitted on February 3, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Re-evaluation of control strategies for Berrien and Ingham
Counties were submitted on March 3, 1972, by the State Air Pollution
Office.
(2) Amendments to the Michigan air pollution rules for the control
of SO2 emissions (Part 3) and the prevention of air pollution
episodes (Part 6) submitted by the Governor on March 30, 1972.
(3) An amendment to the Grand Rapids air pollution ordinance
(section 9.35 and section 9.36) was submitted on May 4, 1972, by the
Grand Rapids Department of Environmental Protection.
(4) Reasons and justifications concerning general requirements of
control strategy for nitrogen dioxide, compliance schedules, and review
of new sources and modifications submitted on July 12, 1972, by the
Governor.
(5) A letter from the State Department of Public Health submitted on
July 24, 1972, described how emissions data would be made available to
the public.
(6) Compliance schedules were submitted by the State of Michigan,
Department of Natural Resources on February 16, 1973.
(7) Compliance schedules were submitted by the State of Michigan,
Department of Natural Resources on May 4, 1973.
(8) Compliance schedules were submitted by the State of Michigan,
Department of Natural Resources on September 19, 1973.
(9) Compliance schedules were submitted by the State of Michigan,
Department of Natural Resources on October 23, 1973.
(10) Compliance schedules were submitted by the State of Michigan,
Department of Natural Resources on December 13, 1973.
(11) Air Quality Maintenance Area identifications were submitted on
June 27, 1974, by the State of Michigan Department of Natural Resources.
(12) Air Quality Maintenance Area identifications were submitted on
October 18, 1974, by the State of Michigan Department of Natural
Resources.
(13) Provisions to disapprove an installation permit if the
applicant source would interfere with the attainment or maintenance of
national air quality standards were submitted by the Governor on January
25, 1974.
(14) Order extending the final compliance dates for meeting the
sulfur dioxide emission limitation was submitted by the Michigan
Department of Natural Resources for the Karn, Weadock and Cobb Plant
Units of the Consumers Power Co.
(15) Order extending compliance date for meeting the sulfur dioxide
emission limitation was submitted by the State of Michigan Department of
Natural Resources for the Detroit Edison Company, Monroe County Plant on
December 12, 1977.
(16) On April 25, 1979, the State submitted its nonattainment area
plan for areas designated nonattainment as of March 3, 1978 and as
revised on October 5, 1978. This submittal contained Michigan's Part D
attainment plans for particulate matter, carbon monoxide, sulfur
dioxide, transportation and new source review, plus a copy of Michigan's
existing and proposed regulations. USEPA is not taking action at this
time to include in the federally approved SIP certain portions of the
submittal: Provisions in R 336.1310 concerning open burning; 336.1331,
insofar as it may pertain to process sources in the iron and steel
category and site specific revisions; 1349, 1350, 1351, 1352, 1353,
1354, 1355, 1356 and 1357 as they pertain to specific iron and steel
source operations; Part 5, Extension of Sulfur Dioxide Compliance Date
for Power Plants Past January 1, 1980; Part 7, Emission Limitations and
Prohibitions--New Sources of Volatile Organic

[[Page 182]]

Compound Emissions; R336.1701-1710 controlling minor sources of volatile
organic compounds; Part 11, Continuous Emission Monitoring; Part 13, Air
Pollution Episodes; Part 16, Organization and Procedures; and Part 17,
Hearings.
(17) On October 12, 1979, the State submitted comments and
commitments in response to USEPA's notice of proposed rulemaking.
(18) On January 9, 1980, the State submitted a copy of the finally
adopted rules of the Commission. These rules became fully effective on
January 18, 1980. These finally adopted rules are identical to the rules
submitted on April 25, 1979, as part of Michigan's Part D nonattainment
area plan except for a modification in the numbering system. Paragraph
(c)(16) of this subpart identifies those rules on which USEPA has not
taken action.
(19) On February 6, 1980, the State submitted the visible emission
test method for stationary sources referenced in Rule 336.1303 as being
on file with the Michigan Air Pollution Control Commission. On March 7,
1980, the State submitted clarifications to the visible emissions test
method.
(20) On March 31, 1980, the State submitted revisions to the
conditional approval schedules for total suspended particulates.
(21) On July 25, 1979, the State submitted the official ozone
attainment plan as part of the State Implementation Plan.
(22) On October 26, 1979, the State submitted comments and revisions
to the transportation plans and vehicle inspection/maintenance portions
of the State Implementation Plan for ozone in response to USEPA's notice
of proposed rulemaking (45 FR 47350).
(23) On November 8, 1979, the State submitted revisions to the ozone
attainment plan.
(24) On December 26, 1979, the State submitted comments and
additional information from the lead local agencies on the
transportation control plans for the Flint, Lansing, Grand Rapids and
Detroit urban areas.
(25) On May 12, 1980, the State submitted corrections and comments
in response to USEPA's notice of proposed rulemaking (45 FR 25087).
(26) On March 20, 1980, the State submitted commitments and
additional revisions to the Inspection/Maintenance program for the
Detroit urban area.
(27) On February 23, 1979, compliance schedules were submitted by
the State of Michigan, Department of Natural Resources to USEPA for the
Detroit Edison, St. Clair Power Plant. Additional material concerning
the Final Order issued to the Detroit Edison, St. Clair Power Plant was
submitted on June 17, 1979 and August 14, 1979.
(28) On August 22, 1979, the State of Michigan submitted to USEPA an
Administrative Order, for the Lansing Board of Water and Light (Order
No. 4-1979, adopted May 23, 1979). In letters dated February 13, 1980
and April 1, 1980, the State of Michigan withdrew certain paragraphs
(sections A, B, C1, D, E, F, and G) of the Order from consideration by
USEPA.
(29) Compliance schedules were submitted by the State of Michigan,
Department of Natural Resources to USEPA on October 26, 1979, for the
Dundee Cement Company, Monroe County (Michigan Final Order, APC No. 08-
1979, adopted October 17, 1979).
(30) On July 26, 1979, the State of Michigan submitted to USEPA a
revision to Rule 336.49 for the Consumers Power Company's J. H. Campbell
Plant. The revision is a Final Order (No. 05-1979) extending the
compliance date until January 1, 1985 for the Campbell Plant to meet the
sulfur dioxide emission limitations in Rule 336.49. On February 14,
1980, the State of Michigan submitted to USEPA an amendment to Order No.
05-1979.
(31) Compliance schedules were submitted by the State of Michigan,
Department of Natural Resources to USEPA on November 13, 1979, for the
S. D. Warren Company, Muskegon County (Michigan Final Order, No. 09-
1979, adopted October 31, 1979).
(32) On December 19, 1979, the State of Michigan submitted a
revision to provide for modification of the existing air quality
surveillance network.
(33) On December 10, 1979, the State of Michigan submitted to USEPA
a Final Order (APC No. 6-1979) issued by the Michigan Air Pollution
Control Commission to the Consumers Power

[[Page 183]]

Company B.C. Cobb Plant. The Order requires the source to utilize 2.5%
sulfur on an annual basis until January 1, 1985 when the company must
meet the sulfur dioxide (SO2) emission limitation in Michigan
Rule 336.1401.
(34) On January 8, 1980, the State of Michigan submitted to USEPA a
Final Order (APC No. 14-1979) requested of the Michigan Air Pollution
Control Commission (MAPCC) by the Union Camp Corporation in Monroe
County, Michigan. The Order permitted the Union Camp Corporation to burn
2.7% sulfur fuel on an annual average and 4.0% sulfur fuel on a daily
average between January 1, 1980 and July 1, 1980. Beginning July 1, 1980
until July 1, 1982 the Company is permitted to burn 2.5% sulfur fuel on
an annual average and 4.0% sulfur fuel daily average. Beginning July 1,
1982 until January 1, 1985, the Company is allowed to burn 2.2% sulfur
fuel annual average and 3.5% sulfur fuel daily average. After January 1,
1985; the Company has agreed to comply with the SO2 emission
limitations of 1.5% sulfur fuel required in Michigan Rule 336.1401.
(35) On August 4, 1980 and August 8, 1980, the State of Michigan
submitted to EPA additional information on the transportation control
plan for the Niles, Michigan urbanized area.
(36) On January 10, 1980, the State of Michigan submitted to USEPA a
Final Order (APC No. 16-1979) issued by the Michigan Air Pollution
Control Commission to the Northern Michigan Electric Cooperative Advance
Steam Plant. The Order allows the source to continue burning 2.0% sulfur
coal (maximum daily average) until January 1, 1985 when the Company must
meet the sulfur dioxide (S02) emission limitations in Michigan Rule
336.1401.
(37) On November 26, 1980, the State submitted a schedule to correct
plan deficiencies cited by USEPA in its September 9, 1980 notice of
proposed rulemaking on a portion of Michigan's Part D TSP control
strategy pertaining to iron and steel sources. On April 1, 1981, the
State submitted a revised schedule. USEPA has not taken action on the
schedule submitted by the State.
(38) On April 10, 1981 the Governor of Michigan committed to
annually administer and submit the questionnaire developed for the
purposes of section 128.
(39) On July 28, 1980, the State of Michigan submitted to EPA, as
revisions to the Michigan SIP, amendments to Rules 283 and 610 of the
Michigan Air Pollution Control Commission.
(40) Revised compliance schedules were submitted by the State of
Michigan, Department of Natural Resources (MDNR) to EPA on January 14,
1981, for the Dundee Cement Company, Monroe County (Michigan Final
Order, APC No. 16--1980, adopted November 19, 1980). The revised Order
provides an earlier final compliance date of December 31, 1980 for
reducing the particulate matter emissions to 0.20 pounds per 1,000
pounds of exhaust gases and December 31, 1981 for visible emission
reductions from the Company's cement kilns.
(41) On April 25, 1979, the State submitted materials which satisfy
the intergovernmental consultation process.
(42) On July 28, 1980, the State submitted an amendment to Michigan
Air Pollution Control Commission Rule 221 which exempts minor sources of
particulate matter and sulfur dioxide from the offset requirements.
(43) On August 25, 1981, the State of Michigan, Department of
Natural Resources (MDNR), submitted to EPA Consent Order No. 16-1981 for
the Marathon Oil Company in Muskegon County. Consent Order No. 16-1981
satisfies USEPA's conditional approval of R336.1603 by providing
detailed compliance schedules containing the increments of progress
required by 40 CFR 51.15.
(44) On September 1, 1981, the State of Michigan, Department of
Natural Resources (MDNR) submitted to USEPA a revision to its R336.1220
requiring offsets in ozone nonattainment areas to exempt the same
compounds listed in EPA's Federal Register of July 22, 1980 (45 FR
48941). The revised R336.1220 also allows offsets of emissions for new
sources in any of the seven counties in the southeastern Michigan ozone
nonattainment area to be obtained from any of those counties, not just
the county in which the new source is locating (Wayne, Oakland,

[[Page 184]]

Macomb, St. Clair, Washtenaw, Livingston, and Monroe).
(45) On May 24, 1980, the State of Michigan, Department of Natural
Resources (MDNR) submitted Consent Order APC No. 10-1979 for the Buick
Motor Division Complex (BMDC) of the Buick Motors Division, General
Motors Corporation. The BMDC is located in the City of Flint, Genesee
County, a primary nonattainment area. On December 2, 1980, supplementary
information was submitted by MDNR. The Consent Order contains
enforceable emission limitations and control measures for the attainment
of the primary TSP standards in Genesee County by December 31, 1982.
(46) On July 17, 1980, the State of Michigan, Department of Natural
Resources (MDNR) submitted Consent Order APC No. 01-1980 for the Grey
Iron Casting Plant and the Nodular Iron Casting Plant, of the Chevrolet
Motor Division, General Motors Corporation. The two plants are located
in Saginaw County, a primary nonattainment area. On September 5, 1980
and February 6, 1981, supplementary information was submitted by MDNR.
The Consent Order contains enforceable emission limitations and control
measures for the attainment of the primary TSP standards in Saginaw
County by December 31, 1982.
(47) On March 4, 1981, the State of Michigan, Department of Natural
Resources (MDNR) submitted Consent Order APC No. 12-1980 for the New
Haven Foundry located in Macomb County, a secondary nonattainment area.
The Consent Order contains enforceable emission reductions to achieve
the secondary TSP standards by June 30, 1985.
(48) On May 1, 1981, the State of Michigan, through the Department
of Natural Resources, submitted Consent Order 07-1981 for the Detroit
Edison Company, Boulevard Heating Plant located in the City of Detroit,
Wayne County. Under Michigan Rule 336.1331(1)(a), the plant was
restricted to a particulate emission limit of 0.45 pounds of particulate
per 1000 pounds flue gas or an equivalent of 410 tons per year. The
Consent Order, pursuant to Michigan Rule 333.1331(1)(d), establishes a
new limitation for the Boulevard Plant of 0.65 pounds per 1000 pounds of
flue gas with a daily limit of 0.9 tons per day and 10 tons per year.

Pursuant to the provisions of 5 U.S.C. 605(b), the Administrator
certified on January 27, 1981 (46 FR 8709) that the attached rule will
not have a significant economic impact on a substantial number of small
entities.
(49) On March 7, 1980 and April 21, 1981 the State of Michigan
submitted particulate studies for the Detroit area. These studies
satisfy EPA's conditional approval and the State's commitment.
(50) On October 22, 1981, the State of Michigan submitted as a SIP
revision Consent Order No. 17-1981, between Conoco, Inc., and the
Michigan Air Pollution Control Commission. The Consent Order establishes
a compliance schedule for Conoco, Inc. to achieve the Volatile Organic
Compounds (VOC) limitations in R336.1609 by December 31, 1982.
(51) On December 27, 1979, the State of Michigan, Department of
Natural Resources (MDNR), submitted to EPA a revision to the State
Implementation Plan (SIP) for Lead. On February 9, 1981, the State of
Michigan submitted a letter clarifying provisions of its Lead SIP. The
SIP provides for the implementation of measures for controlling lead
emissions for the attainment and maintenance of the national ambient air
quality standards for lead in Michigan by October 31, 1982.
(52) On June 26, 1981, the State of Michigan, Department of Natural
Resources, submitted to EPA Consent Order No. 12-1981 for controlling
particulate emissions from the liquid waste incinerator in Building 830
at the Dow Chemical Company's Midland plant. The Consent Order provides
a schedule which establishes a final particulate emissions compliance
date of October 1, 1982.
(53) On August 24, 1981, the State of Michigan, Department of
Natural Resources, submitted to EPA Consent Order APC No. 19-1981 for
controlling particulate emissions from Dow's West Side and South Side
powerplants. On October 16, 1981, the State of Michigan submitted a
letter to EPA clarifying specific sections intended for EPA's rulemaking
action. All particulate

[[Page 185]]

emission sources at Dow must comply with various parts of Michigan's SIP
by December 31, 1985. The Consent Order does not interfere with the
attainment of the primary particulate NAAQS standard by December 31,
1982 or the secondary particulate NAAQS by October 1, 1984.
(54) On December 16, 1981, the State of Michigan submitted to EPA
Consent Order APC No. 21-1981 for the Monitor Sugar Company. Consent
Order APC No. 21-1981 provides for additional controls on its coal-fired
boilers, 1, 2, 3, and 4 and establishes a final compliance date of
October 15, 1982 for attaining the primary National Ambient Air Quality
Standards.
(55) On January 7, 1982, the State of Michigan submitted to EPA
Consent Order APC No. 23-1981 for the Traverse City Board of Light and
Power. Consent Order APC No. 23-1981 limits the company's operation of
its No. 1 and No. 2 coal-fired boilers after December 31, 1982; provides
for additional controls on its No. 4 coal-fired boiler; and establishes
a final compliance date of December 31, 1982.
(56) On September 2, 1981, the State of Michigan submitted a
revision to the ozone plan consisting of RACT requirements for the
control of volatile organic compound emissions from stationary
industrial sources (Group II) referenced in Rules R336.1101-3, 5-9, 14-
16, 18-21, 23; R336.1601, 3-4, 10, 19-27; and R336.2005.
(57) On March 3, 1982, the State of Michigan submitted a
modification to its schedule for submitting by December 31, 1982
regulations developed to correct the State's deficiencies in its Part D
State Implementation Plan for the attainment of the total suspended
particulate air quality standards in its nonattainment areas containing
iron and steel sources.
(58) On December 16, 1981, the State of Michigan submitted as a SIP
revision consent order APC No. 18-1981 between General Motors
Warehousing and Distribution Division and the Michigan Air Pollution
Control Commission. On March 16, 1982, Michigan submitted an amendment
to consent order APC No. 18-1981. The Consent Order provides a one year
extension from October 15, 1982 until October 15, 1983 for the Company's
No. 1 and No. 2 boilers and establishes a compliance date of October 15,
1981, for boilers 3 and 4. The Consent Order contains a schedule for
compliance which specifies emission limits of 0.45 pounds of particulate
per 1,000 pounds of gas as required in Michigan's rule 336.1331(c) Table
31.
(59) [Reserved]
(60) On April 5, 1982, the State of Michigan submitted Consent Order
APC No. 02-1980 along with alterations to Section 5(D) of the Consent
Order for the Hayes-Albion foundry in Calhoun County. The Consent Order
contains control measures beyond the present requirements of Michigan's
R336.1301 and R336.1331 for Total Suspended Particulate (TSP) emissions
and evaluation methods for determining significant particulate emission
sources from the foundry. On June 18, 1982, the State of Michigan also
submitted a Fugitive Dust Control Plan and a Malfunction Abatement Plan
for the Hayes-Albion foundry. On September 21, 1982, the State of
Michigan formally submitted Permits 314-79 and 375-79 for the American
Colloid Plant.
(61) On March 6, 1981, the State of Michigan submitted as a SIP
revision general rules for fugitive dust control. These rules were
approved by the Michigan Air Pollution Control Commission on January 20,
1981, and became effective at the State level on February 17, 1981. On
January 25, 1982, May 3, 1982, and August 24, 1982, Michigan submitted
additional information and commitments. The submittal of March 6, 1981,
along with the additional information and commitments satisfies the
State's commitment to submit industrial fugitive dust regulations that
represent reasonably available control techniques for industrial
fugitive dust sources.
(62) On July 28, 1982, the State of Michigan submitted Consent Order
No. 06-1981 for the Clark Oil and Refining Corporation for volatile
organic compound (VOC) emissions. This revision is a detailed compliance
schedule containing increments of progress with a final compliance date
of December 31, 1982 and an emission limitation of 0.7 pound of organic
vapor per 1000 gallons of organic compound load.

[[Page 186]]

(63) On September 8, 1982, the State of Michigan submitted as a SIP
revision Consent Order No. 03-1982, between the Hydra-Matic Division,
General Motors Corporation and the Michigan Air Pollution Control
Commission. The Consent Order establishes a compliance schedule
containing increments of progress dates and a final date of November 1,
1982 for Boiler No. 5 to comply with Michigan's R336.331.
(64) On September 21, 1982, the State of Michigan submitted as a SIP
revision Consent Order No. 13-1982, between the Diamond Crystal Salt and
the Michigan Air Pollution Control Commission, the Consent Order
establishes a compliance schedule containing increments of progress
dates and a final date of December 18, 1982 for Boiler No. 5 to comply
with Michigan's R336.331.
(65) [Reserved]
(66) On September 8, 1982, the State of Michigan submitted as a
State Implementation Plan (SIP) revision consent order No. 08-1982,
between the General Motors, Buick Motor Division and the Michigan Air
Pollution Control Commission. The Consent Order establishes a Volatile
Organic Compound (VOC) emissions compliance schedule as required under
Michigan's Rule 336.1603 and 336.1610, and extends the final compliance
date for surface coating operations until December 31, 1987. On November
29, 1982, and March 10, 1983, the State submitted additional
information.
(67) On September 8, 1982, the State of Michigan submitted Consent
Order No. 09-1982, between the General Motors, Fisher Body Division and
the Michigan Air Pollution Control Commission as a State Implementation
Plan (SIP) revision. The Consent Order establishes a Volatile Organic
Compound (VOC) emission compliance schedule as required under Michigan's
Rule 336.1603 and 336.1610, and extends the compliance date for surface
coating operations until December 31, 1987. On November 29, 1982, and
March 10, 1983, the State submitted additional information.
(68) On September 8, 1982, the State of Michigan submitted as a
State Implementation Plan (SIP) revision Consent Order No. 10-1982,
between Chevrolet Truck Assembly and the Michigan Air Pollution Control
Commission. The Consent Order establishes a Volatile Organic Compound
(VOC) emission compliance schedule as required under Michigan's Rule
336.1603 and 336.1610, and extends the compliance date for surface
coating operations until December 31, 1987. On November 29, 1982, and
March 10, 1983, the State submitted additional information.
(69) On September 8, 1982, the State of Michigan submitted as a
State Implementation Plan (SIP) revision Consent Order No. 11-1982,
between the General Motors Fisher Body Division, Fleetwood Plant and the
Michigan Air Pollution Control Commission. On March 10, 1983, the State
submitted additional information for this SIP revision. The Consent
Order establishes a Volatile Organic Compound (VOC) emissions compliance
schedule as required under Michigan's Rules 336.1603 and 336.1610, and
extends the final compliance date for surface coating operations until
December 31, 1987.
(70) On September 8, 1982, the State of Michigan submitted as a
State Implementation Plan (SIP) revision Consent Order No. 12-1982,
between the General Motors, Cadillac Motors Car Division and the
Michigan Air Pollution Control Commission. On March 10, 1983, the State
submitted additional information for this SIP revision. The Consent
Order establishes a Volatile Organic Compound (VOC) emission compliance
schedule as required under Michigan's Rule 336.1603 and R336.1610, and
extends the compliance date for surface coating operations until
December 31, 1987.
(71) On September 1, 1982, the State of Michigan submitted a request
to reduce the size of the ozone demonstration area for Southeast
Michigan from the seven-county area of Wayne, Oakland, Macomb,
Livingston, Monroe, St. Clair and Washtenaw to a three-county area
consisting of Wayne, Oakland, and Macomb Counties.
(72) On November 18, 1982, the State of Michigan submitted Consent
Order APC No. 06-1980, along with alterations for the General Motors
Corporation (GMC) Central Foundry Division, Saginaw Malleable Iron Plant
in the City of Saginaw, County of Saginaw as a revision to the Michigan
SIP. Consent

[[Page 187]]

Order No. 06-1980, as amended, reflects an interim and final particulate
emission limit more stringent than Michigan's rule 336.1331; extends the
final date of compliance with Michigan's Rule 336.1301 for opacity on
the oil quench facilities from December 31, 1982, to December 15, 1983,
which is as expeditiously as practicable and before the July 31, 1985,
attainment date for the secondary TSP NAAQS in Michigan.
(73) On June 30, 1983, the State of Michigan submitted as a State
Implementation Plan (SIP) revision. Consent Order No. 4-1983 between the
General Motors Corporation's Oldsmobile Division and the Michigan Air
Pollution Control Commission. The Consent Order establishes a Volatile
Organic Compound (VOC) emissions compliance schedule as required under
Michigan's Rule 336.1603 and 336.1610, and extends the final compliance
dates for prime, primer-surfacer, topcoat, and final repair operations
until December 31, 1987.
(74) On June 30, 1983, the State of Michigan submitted as a State
Implementation Plan (SIP) revision. Consent Order No. 5-1983, between
the General Motors Corporation's Assembly Division and the Michigan Air
Pollution Control Commission. The Consent Order established a Volatile
Organic Compound (VOC) emission compliance schedule as required under
Michigan's Rule 336.1603 and R336.1610, and provides interim compliance
limits to be achieved by December 31, 1984, and extends the final
compliance dates for topcoating and final repair coating operations
until December 31, 1987.
(75) On October 4, 1983, the State of Michigan submitted: (1) A
revised Consent Order APC No. 12-1979 between CWC Castings Division of
Textron and the Michigan Air Pollution Control Commission and (2)
Article 14, Section J of the Muskegon County APC Rules. Consent Order
APC No. 12-1979 requires reductions of point source emissions and
fugitive emissions and extends the installation schedule of specified
control devices to December 31, 1984. Article 14, Section J, provides a
ban on open residential and leaf burning in Muskegon County. EPA
approves the additional control measures contained in Consent Order APC
No. 12-1979 and the open burning ban. EPA takes no action on the overall
approval of Michigan's Part D secondary nonattainment area for Muskegon
County.
(76) On August 24, 1983, the State of Michigan submitted a State
Implementation Plan (SIP) revision request for an extension of the
compliance date for Boiler No. 2 for the General Motors Corporation
Warehousing and Distribution Division, in Swartz Creek County. Consent
Order No. 18-1981 extends the compliance date until October 15, 1985 for
GMC to install mechanical collectors on Boiler No. 2.
(77) On March 8, 1984, the State of Michigan submitted a report
which demonstrated that Rule 336.1606 contains emission limits
equivalent to Reasonable Available Control Technology (RACT) for Wayne,
Oakland and Macomb Counties. Therefore, USEPA remove its conditional
approval of Rule 336.1606 and fully approves the State's rule.
(78) On September 6, 1984, the State of Michigan submitted a
revision to the Michigan State Implementation Plan for the General
Motors Corporation Buick Motor Division in the form of an Alteration of
Stipulation for Entry of Consent Order and Final Order, No. 8-1982. The
original Consent Order No. 8-1982 was federally approved on July 6,
1983. This alteration revises Consent Order No. 8-1982, in that it
accelerates the final compliance dates for prime and prime-surfacer
operations and extends an interim compliance date for topcoat
operations.
(i) Incorporation by reference.
(A) State of Michigan, Air Pollution Control Commission, Alteration
of Stipulation for Entry Consent Order and Final Order SIP No. 8-1983,
which was approved by the Air Pollution Control Commission on April 2,
1984.
(B) Letter of September 6, 1984, from the State of Michigan,
Department of Natural Resources, to EPA.
(79) On December 2, 1983, USEPA proposed to withdraw its approval of
Michigan's fugitive dust regulations. On April 25, 1985, the State of
Michigan submitted revised Rule 336.1371, existing Rule 336.1372, and
new Rule 336.1373. However, they did not meet the requirements of Part D
of section 172(b);

[[Page 188]]

and USEPA, therefore, withdrew its approval of these submittals,
disapproved these submittals, and instituted new source restrictions for
major sources in the Michigan primary Total Suspended Particulate (TSP)
nonattainment areas on August 20, 1985. USEPA incorporates revised Rule
336.1371 and newly submitted Rule 336.1373 into the Michigan State
Implementation Plan because they provide a framework for the development
of fugitive dust control programs at the State level in Michigan. USEPA
retains Rule 336.1372, which is already incorporated into the Michigan
SIP, insofar as it applies to sources in TSP attainment areas. This
paragraph supercedes paragraph (C)(61) of this section.
(i) Incorporation by reference.
(A) Michigan Department of Natural Resources Rules 336.1371 and
336.1373 (Fugitive Dust Regulations), as adopted on April 23, 1985.
(80) On July 27, 1983, the State of Michigan submitted Consent Order
No. 08-1983 for the General Motors Corporation Central Foundry
Division's Saginaw Malleable Iron Plant, as a revision to the Michigan
State Implementation Plan for Total Suspended Particulates. Consent
Order No. 08-1983 amends control strategy provisions of federally
approved (November 18, 1982 and August 15, 1983) Consent Order No. 06-
1980 and its alteration.
(i) Incorporation by reference.
(A) Stipulation for Entry of Consent Order and Final Order No. 08-
1983 for the General Motors Corporation Central Foundry Division's
Saginaw Malleable Iron Plant amending Control Strategy Provisions issued
June 9, 1983.
(81) On October 1, 1984, the State of Michigan submitted the
Stipulation for Entry of Consent Order and Final Order, SIP No. 12-1984,
between the Consumer Power Company's J.H. Campbell and the Michigan Air
Pollution Control Commission as a revision to the Michigan
SO2 SIP. Consent Order No. 12-1984 provides a 3-year
compliance date extension (January 1, 1985, to December 31, 1987) for
the J.H. Campbell Units 1 and 2 to emit SO2 at an allowable
rate on a daily basis of 4.88 lbs/MMBTU in 1985, 4.78 lbs/MMBTU in 1986,
and 4.68 lbs/MMBTU in 1987.
(i) Incorporation by reference.
(A) October 1, 1984, Stipulation for Entry of Consent Order and
Final Order, SIP No. 12-1984, establishing interim daily average
SO2 emission limitations and quarterly average limits on
percent sulfur is fuel fired.
(82) The State of Michigan submitted negative declarations for
several volatile organic compound source categories, as follows:

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

(i) Incorporation by reference.
(A) Letters dated October 10, 1983, May 17, 1985, and June 12, 1985,
from Robert P. Miller, Chief, Air Quality Division, Michigan Department
of Natural Resources. The letter dated June 12, 1985, includes pages 2-
119 and 2-120 from the revised 1982 Air Quality Implementation Plan for
Ozone and Carbon Monoxide in Southeast Michigan.
(83) On September 16, 1985, the State of Michigan submitted a SIP
revision requesting alternate opacity limits for the Packaging
Corporation of America (PCA) bark boiler. The request is in the form of
a Stipulation for Entry of Consent Order and Final Order (No. 23-1984).
The Consent Order contains an extended schedule for the PCA's bark
boiler to comply with Michigan's Rule 336.1301.
(i) Incorporation by reference.
(A) Stipulation for Entry of Consent Order and Final Order No. 23-
1984 for the Packaging Corporation of America, approved on July 8, 1985.
(84) On April 29, 1986, the State of Michigan submitted a revision
to the Michigan State Implementation Plan (SIP) for total suspended
particulates (TSP). The revision, in the form of Air Pollution Control
Act (APCA) No. 65, revises the State's 1965 APCA No. 348 contained in
the TSP portion of the Michigan SIP with respect to: car ferries having
the capacity to carry more than 110 motor vehicles; and coal-fired
trains used in connection with tourism.
(i) Incorporation by reference.

[[Page 189]]

(A) Act No. 65 of the Public Acts of 1986, as approved by the
Governor of Michigan on March 30, 1986.
(85) On April 25, 1979, the State of Michigan submitted as revisions
to the Air Quality Implementation Plan, Michigan Department of Natural
Resources Air Pollution Control Commission General Rules for Open
Burning; Continuous Emission Monitoring; Air Pollution Episodes;
Organization, Operation and Procedures; and Hearings.
(i) Incorporation by reference.
(A) R 336.1310, Open Burning, effective January 18, 1980.
(B) R 336.2101-3, R 336.2150-5, R 336.336-2159, R 336.2170,
R336.2175-6, R 336.2189-90, and R 336.2199; Continuous Emission
Monitoring, effective January 18, 1980.
(C) R 336.2301-8, Air Pollution Episodes, effective January 18,
1980.
(D) R 336.2601-8, Organization, Operating, and Procedures, effective
January 18, 1980.
(E) R 336.2701-6, Hearings, effective January 18, 1980.
(86) On May 25, 1988, the State of Michigan submitted an SIP
revision in the form of an addendum to the State's Rule 336.1122,
effective at the State level on May 20, 1988. The amendment will allow
coating companies to exclude methyl chloroform from the VOC emission
calculation when it is not technically or economically reasonable. This
exemption applies only to the surface coating operations that are
subject to Part 6 (Emission Limitations and Prohibitions--Existing
Sources of VOC Emissions) or Part 7 (Emission Limitations and
Prohibitions--New Sources of VOC Emissions) of the State's regulations.
(i) Incorporation by reference.
(A) R336.1122, Methyl Chloroform; effective at the State level on
May 20, 1988.
(87)-(89) [Reserved]
(90) On December 17, 1987, the State of Michigan submitted to USEPA
a revision to the Michigan State Implementation Plan for the Continental
Fiber Drum, Inc., which limits volatile organic compound emissions from
the surface coating operations at the facility.
(i) Incorporation by reference.
(A) State of Michigan, Air Pollution Control Commission, Stipulation
for Entry of Consent Order and Final Order No. 14-1987, which was
adopted by the State on December 9, 1987.
(B) Letter of December 17, 1987, from the State of Michigan,
Department of Natural Resources to USEPA.
(91) On May 17, 1985, the State submitted revised rules for the
control of particulate matter from iron and steel sources and from other
sources in Michigan. These rules were submitted to fulfill conditions of
USEPA's May 22, 1981, approval (46 FR 27923 of the State's part D total
suspended particulates (TSP) State Implementation Plan (SIP). USEPA is
approving these revised rules in the Michigan submittal except for the
following provisions: The quench tower limit in rule 336.1331, Table 31,
Section C.8, because allowing water quality limits to apply only to
makeup water is a relaxation; the deletion of the limit in rule 336.1331
for coke oven coal preheater equipment, because it is a relaxation, and
rule 336.1355, because it provides an unlimited exemption for emissions
from emergency relief valves in coke oven gas collector mains.
(i) Incorporation by reference.
(A) Revision to parts 1, 3, and 10 of Michigan's administrative
rules for air pollution control (Act 348 of 1967, as amended) as adopted
by the Michigan Air Pollution Control Commission on December 18, 1984.
These rules became effective in Michigan on February 22, 1985.
(92) On October 10, 1986, the State of Michigan supported portions
of the revised Wayne County Air Pollution Control Division Air Pollution
Control Ordinance as approved by Wayne County on September 19, 1985, as
a revision to the Michigan State Implementation Plan.
(i) Incorporation by reference.
(A) Chapters 1, 2, 3, 5 (except for the portions of Chapter 5,
section 501, of the Wayne County Ordinance which incorporate by
reference the following parts of the State rules: The quench tower limit
in Rule 336.1331, Table 31, Section C.8; the deletion of the limit in
Rule 336.1331 for coke oven coal preheater equipment; and Rule
336.1355), 8

[[Page 190]]

(except section 802), 9, 11, 12, 13 and appendices A and D of the Wayne
County Air Pollution Control Division (WCAPCD) Air Pollution Control
Ordinance as approved by WCAPCD on September 19, 1985.
(93) On November 16, 1992, the Michigan Department of Natural
Resources submitted Natural Resources Commission Rule 336.202 (Rule 2),
Sections 5 and 14a of the 1965 Air Pollution Act 348, and the 1991
Michigan Air Pollution Reporting Forms, Reference Tables, and General
Instructions as the States emission statement program. Natural Resources
Commission Rule 336.202 (Rule 2) became effective November 11, 1986.
Section 5 and 14a of the 1965 Air Pollution Act 348 became effective
July 23, 1965.
(i) Incorporation by reference.
(A) Natural Resources Commission Rule 336.202 (Rule 2) became
effective November 11, 1986. Section 5 and 14a of the 1965 Air Pollution
Act 348 became effective July 23, 1965.
(94) On November 13, 1992, January 8, 1993, and November 12, 1993,
the State of Michigan submitted a Small Business Stationary Source
Technical and Environmental Assistance Program for incorporation in the
Michigan State Implementation Plan as required by section 507 of the
Clean Air Act.
(i) Incorporation by reference.
(A) Small Business Clean Air Assistance Act, Act No. 12, Public Acts
of 1993, approved by the Governor on April 1, 1993, and effective upon
approval.
(95) On November 15, 1993, the State of Michigan requested revision
to the Michigan State Implementation Plan (SIP) to incorporate
miscellaneous technical rule changes that the State had made effective
April 20, 1989.
(i) Incorporation by reference.
(A) Michigan Air Pollution Control Rules: R 336.1107 (except
paragraph (c)); R 336.1121, R 336.1403. R 336.1606, R 336.1607, R
336.1608, R 336.1609, R 336.1616, R 336.1626 (deleted), and R 336.1705,
effective April 20, 1989.
(96) Revisions to the Michigan Regulations submitted on June 12,
1993 and November 12, 1993 by the Michigan Department of Natural
Resources:
(i) Incorporation by reference.
(A) Revisions to the following provisions of the Michigan Air
Pollution Control Commission General Rules filed with the Secretary of
State on April 12, 1993 and effective on April 27, 1993:
(1) R 336.1101 Definitions; A--Revised definitions of the following
terms: actual emissions, air-dried coating, air quality standard,
allowable emissions and alternate opacity.
(2) R 336.1103 Definitions; C--Added definition of coating category.
Revised definitions of the following terms: calendar day, class II
hardboard paneling finish, coating line, coating of automobiles and
light-duty trucks coating of fabric, coating of large appliances,
coating of paper, coating of vinyl, component, component in field gas
service, component in gaseous volatile organic compound service,
component in heavy liquid service, component in light liquid service,
component in liquid volatile organic compound service, condenser,
conveyorized vapor degreaser, and creditable.
(3) R 336.1105 Definitions; E--Added definition of the term extreme
environmental conditions. Revised definitions of the following terms:
electrostatic prep coat, equivalent method and extreme performance
coating.
(4) R 336.1116 Definitions; P--Revised definitions of the following
terms: packaging rotogravure printing, printed interior panel, process
unit turnaround, publication rotogravure printing and pushside. Deleted
definition of the term pneumatic rubber tire manufacturing.
(5) R 336.1122 Definitions; V--Added definition of the term vapor
collection system. Revised definitions of the following terms: very
large precipitator and volatile organic compound.
(6) R 336.1602 General provisions for existing sources of volatile
organic compound emissions (entire rule).
(7) R 336.1610 Existing coating lines; emission of volatile organic
compounds from exiting automobile, light-duty truck, and other product
and material coating lines (entire rule).
(8) R 336.1611 Existing cold cleaners (entire rule).
(9) R 336.1619 Perchloroethylene; emission from existing dry
cleaning equipment (entire rule).

[[Page 191]]

(10) R 336.1620 Emission of volatile organic compounds from existing
flat wood paneling coating lines (entire rule).
(11) R 336.1621 Emission of volatile organic compounds from existing
metallic surface coating lines (entire rule).
(12) R 336.1622 Emission of volatile organic compounds from existing
components of petroleum refineries; refinery monitoring program (entire
rule).
(13) R 336.1623 Storage of petroleum liquids having a true vapor
pressure of more than 1.0 psia, but less than 11.0 psia, in existing
external floating roof stationary vessels of more than 40,000-gallon
capacity (entire rule).
(14) R 336.1625 Emission of volatile organic compounds from existing
equipment utilized in manufacturing synthesized pharmaceutical products
(entire rule).
(15) R 336.1627 Delivery vessels; vapor collection systems (entire
rule).
(16) R 336.1630 Emission of volatile organic compounds from existing
paint manufacturing processes (entire rule).
(17) R 336.1631 Emission of volatile organic compounds from existing
process equipment utilized in manufacture of polystyrene or other
organic resins (entire rule).
(18) R 336.1632 Emission of volatile organic compounds from existing
automobile, truck, and business machine plastic part coating lines
(entire rule).
(19) R 336.1702 General provisions of new sources of volatile
organic compound emissions (entire rule).
(20) R 336.2004 Appendix A; reference test methods; adoption of
federal reference test methods (entire rule).
(21) R 336.2006 Reference test method serving as alternate version
of federal reference test method 25 by incorporating Byron analysis
(entire rule).
(22) R 336.2007 Alternate version of procedure L, referenced in R
336.2040(10) (entire rule).
(23) R 336.2040 Method for determination of volatile organic
compound emissions from coating lines and graphic arts lines (except R
336.2040(9) and R 336.2040(10)).
(24) R 336.2041 Recordkeeping requirements for coating lines and
graphic arts lines (entire rule).
(B) Revisions to the following provisions of the Michigan Air
Pollution Control Commission General Rules filed with the Secretary of
State on November 3, 1993 and effective on November 18, 1993:
(1) R 336.1601 Definitions--Added definition of the term person
responsible.
(2) R 336.1602 General provisions for existing sources of volatile
organic compound emissions--Addition of provisions requiring submittal
of site-specific SIP revisions to EPA for the use of equivalent control
methods allowed under rules 336.1628(1) and 336.1629(1).
(3) R 336.1624 Emission of volatile organic compounds from existing
graphic arts lines (entire rule).
(4) R 336.1628 Emission of volatile organic compounds from
components of existing process equipment used in manufacturing synthetic
organic chemicals and polymers; monitoring program (entire rule).
(5) R 336.1629 Emission of volatile organic compounds from
components of existing process equipment used in processing natural gas;
monitoring program (entire rule).
(C) Senate Bill No. 726 of the State of Michigan 87th Legislature
for Stage I controls signed and effective on November 13, 1993.
(D) State of Michigan, Department of Natural Resources, Stipulation
for Entry of Consent Order and Final Order No. 39-1993 which was adopted
by the State on November 12, 1993.
(E) State of Michigan, Department of Natural Resources, Stipulation
for Entry of Consent Order and Final Order No. 40-1993 which was adopted
by the State on November 12, 1993.
(F) State of Michigan, Department of Natural Resources, Stipulation
for Entry of Consent Order and Final Order No. 3-1993 which was adopted
by the State on June 21, 1993.
(97) On November 12, 1993, the State of Michigan submitted a
revision to the State Implementation Plan (SIP) for the implementation
of a motor vehicle inspection and maintenance (I/M) program in the Grand
Rapids and Muskegon ozone nonattainment areas. This revision included
House Bill No. 4165 which establishes an I/M program in Western
Michigan, SIP narrative, and the State's Request for Proposal (RFP) for
implementation of the program.

[[Page 192]]

House Bill No. 4165 was signed and effective on November 13, 1993.
(i) Incorporation by reference.

(A) House Bill No. 4165; signed and effective November 13, 1993.
(ii) Additional materials.

(A) SIP narrative plan titled ``Motor Vehicle Emissions Inspection
and Maintenance Program for Southeast Michigan, Grand Rapids MSA, and
Muskegon MSA Moderate Nonattainment Areas,'' submitted to the EPA on
November 12, 1993.
(B) RFP, submitted along with the SIP narrative on November 12,
1993.
(C) Supplemental materials, submitted on July 19, 1994, in a letter
to EPA.
(98) [Reserved]
(99) On July 13, 1994, the State of Michigan requested a revision to
the Michigan State Implementation Plan (SIP). The State requested that a
consent order for the Eagle-Ottawa Leather Company of Grand Haven be
included in the SIP.
(i) Incorporation by reference. State of Michigan, Department of
Natural Resources, Stipulation for Entry of Consent Order and Final
Order No. 7-1994 which was adopted on July 13, 1994.
(100) On June 11, 1993 the Michigan Department of Natural Resources
(MDNR) submitted a plan, with revisions submitted on April 7, 1994 and
October 14, 1994 for the purpose of bringing about the attainment of the
National Ambient Air Quality Standards for particulate matter with an
aerodynamic diameter less than or equal to a nominal 10 micrometers (PM)
in the Wayne County moderate PM nonattainment area.
(i) Incorporation by reference.
(A) Consent Order 4-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Allied Signal, Inc.,
Detroit Tar Plant.

(B) Consent Order 5-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Asphalt Products
Company, Plant 5A.

(C) Consent Order 6-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Clawson Concrete
Company, Plant 1.

(D) Consent Order 7-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Cummings-Moore Graphite
Company.

(E) Consent Order 8-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Delray Connecting
Railroad Company.

(F) Consent Order 9-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Detroit Edison Company,
River Rouge Plant.
(G) Consent Order 10-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Detroit Edison Company,
Sibley Quarry.

(H) Consent Order 11-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the city of Detroit,
Detroit Water and Sewage Department, Wastewater Treatment Plant.

(I) Consent Order 12-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Ferrous Processing and
Trading Company.

(J) Consent Order 13-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Ford Motor Company,
Rouge Industrial Complex.

(K) Consent Order 14-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Ford Motor Company,
Vulcan Forge.

(L) Consent Order 15-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Edward C. Levy Company,
Detroit Lime Company.

(M) Consent Order 16-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Edward C. Levy Company,
Plant 1.

(N) Consent Order 17-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Edward C. Levy Company,
Plant 3.

(O) Consent Order 18-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Edward C. Levy Company,
Plant 6.

(P) Consent Order 19-1993 effective October 12, 1994 issued by the
MDNR.

[[Page 193]]

This Order limits the PM emissions for the Edward C. Levy Company, Plant
4 and 5.
(Q) Consent Order 20-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Edward C. Levy Company,
Plant Scrap Up-Grade Facility.
(R) Consent Order 21-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Marblehead Lime,
Brennan Avenue Plant.
(S) Consent Order 22-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Marblehead Lime, River
Rouge Plant.
(T) Consent Order 23-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the McLouth Steel Company,
Trenton Plant.
(U) Consent Order 24-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Michigan Foundation
Company, Cement Plant.
(V) Consent Order 25-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Michigan Foundation
Company, Sibley Quarry.
(W) Consent Order 26-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Morton International,
Inc., Morton Salt Division.
(X) Consent Order 27-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the National Steel
Corporation, Great Lakes Division.
(Y) Consent Order 28-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the National Steel
Corporation, Transportation and Materials Handling Division.
(Z) Consent Order 29-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Peerless Metals
Powders, Incorporated.
(AA) Consent Order 30-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Rouge Steel Company.
(BB) Consent Order 31-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Keywell Corporation.
(CC) Consent Order 32-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the St. Marys Cement
Company.
(DD) Consent Order 33-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the United States Gypsum
Company.
(EE) Consent Order 34-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Wyandotte Municipal
Power Plant.
(101) On November 15, 1993, the State of Michigan submitted as a
revision to the Michigan State Implementation Plan for ozone a State
Implementation Plan for a motor vehicle inspection and maintenance
program for the Detroit-Ann Arbor area. Michigan submitted House Bill
No. 5016, signed by Governor John Engler on November 13, 1993.
(i) Incorporation by reference.
(A) State of Michigan House Bill No. 5016 signed by the Governor and
effective on November 13, 1993.
(102) On November 12, 1993, the State of Michigan submitted as a
revision to the Michigan State Implementation Plan for ozone a State
Implementation Plan for a section 175A maintenance plan for the Detroit-
Ann Arbor area as part of Michigan's request to redesignate the area
from moderate nonattainment to attainment for ozone. Elements of the
section 175A maintenance plan include a base year (1993 attainment year)
emission inventory for NOX and VOC, a demonstration of
maintenance of the ozone NAAQS with projected emission inventories
(including interim years) to the year 2005 for NOX and VOC, a
plan to verify continued attainment, a contingency plan, and an
obligation to submit a subsequent maintenance plan revision in 8 years
as required by the Clean Air Act. If the area records a violation of the
ozone NAAQS (which must be confirmed by the State), Michigan will
implement one or more appropriate contingency measure(s) which are
contained in the contingency plan. Appropriateness of a contingency
measure will be determined by an urban airshed modeling analysis. The
Governor or his

[[Page 194]]

designee will select the contingency measure(s) to be implemented based
on the analysis and the MDNR's recommendation. The menu of contingency
measures includes basic motor vehicle inspection and maintenance program
upgrades, Stage I vapor recovery expansion, Stage II vapor recovery,
intensified RACT for degreasing operations, NOX RACT, and RVP
reduction to 7.8 psi. Michigan submitted legislation or rules for basic
I/M in House Bill No 5016, signed by Governor John Engler on November
13, 1993; Stage I and Stage II in Senate Bill 726 signed by Governor
John Engler on November 13, 1993; and RVP reduction to 7.8 psi in House
Bill 4898 signed by Governor John Engler on November 13, 1993.
(i) Incorporation by reference.
(A) State of Michigan House Bill No. 5016 signed by the Governor and
effective on November 13, 1993.
(B) State of Michigan Senate Bill 726 signed by the Governor and
effective on November 13, 1993.
(C) State of Michigan House Bill No. 4898 signed by the Governor and
effective on November 13, 1993.
(103) On August 26, 1994 Michigan submitted a site-specific SIP
revision in the form of a consent order for incorporation into the
federally enforceable ozone SIP. This consent order determines
Reasonably Available Control Technology (RACT) specifically for the
Enamalum Corporation Novi, Michigan facility for the emission of
volatile organic compounds (VOCs).
(i) Incorporation by reference. The following Michigan Stipulation
for Entry of Final Order By Consent.
(A) State of Michigan, Department of Natural Resources, Stipulation
for Entry of Final Order By Consent No. 6-1994 which was adopted by the
State on June 27, 1994.
(104) On July 13, 1995, the Michigan Department of Natural Resources
(MDNR) submitted a contingency measures plan for the Wayne County
particulate matter nonattainment area.
(i) Incorporation by reference.
(A) State of Michigan Administrative Rule 374 (R 336.1374),
effective July 26, 1995.
(105) [Reserved]
(106) On March 9, 1995, the State of Michigan submitted as a
revision to the Michigan State Implementation Plan for ozone a State
Implementation Plan for a section 175A maintenance plan for the Grand
Rapids area as part of Michigan's request to redesignate the area from
moderate nonattainment to attainment for ozone. Elements of the section
175A maintenance plan include an attainment emission inventory for
NOX and VOC, a demonstration of maintenance of the ozone
NAAQS with projected emission inventories to the year 2007 for
NOX and VOC, a plan to verify continued attainment, a
contingency plan, and a commitment to submit a subsequent maintenance
plan revision in 8 years as required by the Clean Air Act. If a
violation of the ozone NAAQS, determined not to be attributable to
transport from upwind areas, is monitored, Michigan will implement one
or more appropriate contingency measure(s) contained in the contingency
plan. Once a violation of the ozone NAAQS is recorded, the State will
notify EPA, review the data for quality assurance, and conduct a
technical analysis, including an analysis of meteorological conditions
leading up to and during the exceedances contributing to the violation,
to determine local culpability. This preliminary analysis will be
submitted to EPA and subjected to public review and comment. The State
will solicit and consider EPA's technical advice and analysis before
making a final determination on the cause of the violation. The Governor
or his designee will select the contingency measure(s) to be implemented
within six months of a monitored violation attributable to ozone and
ozone precursors from the Grand Rapids area. The menu of contingency
measures includes a motor vehicle inspection and maintenance program,
Stage II vapor recovery, gasoline RVP reduction to 7.8 psi, RACT on
major non-CTG VOC sources in the categories of coating of plastics,
coating of wood furniture, and industrial cleaning solvents. Michigan
submitted legislation or rules for I/M in House Bill No 4165, signed by
Governor John Engler on November 13, 1993; Stage II in Senate Bill 726
signed by Governor John Engler on November 13, 1993; and RVP

[[Page 195]]

reduction to 7.8 psi in House Bill 4898 signed by Governor John Engler
on November 13, 1993.
(i) Incorporation by reference.
(A) State of Michigan House Bill No. 4165 signed by the Governor and
effective on November 13, 1993.
(B) State of Michigan Senate Bill 726 signed by the Governor and
effective on November 13, 1993.
(C) State of Michigan House Bill No. 4898 signed by the Governor and
effective on November 13, 1993.
(107) [Reserved]
(108) On May 16, 1996, the State of Michigan submitted a revision to
the Michigan State Implementation Plan (SIP). This revision is for the
purpose of establishing a gasoline Reid vapor pressure (RVP) limit of
7.8 pounds per square inch (psi) for gasoline sold in Wayne, Oakland,
Macomb, Washtenaw, Livingston, St. Clair, and Monroe counties in
Michigan.
(i) Incorporation by reference.
(A) House Bill No. 4898; signed and effective November 13, 1993.
(B) Michigan Complied Laws, Motor Fuels Quality Act, Chapter 290,
Sections 642, 643, 645, 646, 647, and 649; all effective November 13,
1993.
(C) Michigan Complied Laws, Weights and Measures Act of 1964,
Chapter 290, Sections 613, 615; all effective August 28, 1964.
(ii) Additional materials.
(A) Letter from Michigan Governor John Engler to Regional
Administrator Valdas Adamkus, dated January 5, 1996.
(B) Letter from Michigan Director of Environmental Quality Russell
Harding to Regional Administrator Valdas Adamkus, dated May 14, 1996.
(C) State report titled ``Evaluation of Air Quality Contingency
Measures for Implementation in Southeast Michigan,'' submitted to the
EPA on May 14, 1996.
(109) On December 13, 1994 and January 19, 1996, Michigan submitted
correspondence and Executive Orders 1991-31 and 1995-18 which indicated
that the executive branch of government had been reorganized. As a
result of the reorganization, delegation of the Governor's authority
under the Clean Air Act was revised. The Environmental Protection
Agency's approval of these Executive Orders is limited to those
provisions affecting air pollution control. The Air Pollution Control
Commission was abolished and its authority was initially transferred to
the Director of the Michigan Department of Natural Resources (DNR).
Subsequently, the Michigan Department of Natural Resources of
Environmental Quality (DEQ) was created by elevating eight program
divisions and two program offices previously located within the DNR. The
authority then earlier vested to the Director of the Michigan DNR was
then transferred to the Director of the Michigan DEQ with the exception
of some administrative appeals decisions.
(i) Incorporation by reference.
(A) State of Michigan Executive Order 1991-31 Commission of Natural
Resources, Department of Natural Resources, Michigan Department of
Natural Resources Executive Reorganization. Introductory and concluding
words of issuance and Title I: General; Part A: Sections 1, 2, 4 and 5,
Part B. Title III: Environmental Protection; Part A: Sections 1 and 2,
Part B. Title IV: Miscellaneous; Parts A and B, Part C: Sections 1, 2,
4, Part D. Signed by John Engler, Governor, November 8, 1991. Filed with
the Secretary of State November 8, 1991. Effective January 7, 1992.
(B) State of Michigan Executive Order No. 1995-18 Michigan
Department of Environmental Quality, Michigan Department of Natural
Resources Executive Reorganization. Introductory and concluding words of
issuance. Paragraphs 1, 2, 3(a) and (g), 4, 7, 8, 9, 10, 11, 12, 13, 15,
16, 17, 18. Signed by John Engler, Governor, July 31, 1995. Filed with
the Secretary of State on August 1, 1995. Effective September 30, 1995.
(110) A revision to Michigan's State Implementation Plan (SIP),
containing part of Michigan's Natural Resources and Environmental
Protection Act, was submitted by the Michigan Department of
Environmental Quality (MDEQ) on May 16, 1996, and supplemented on
September 23, 1997. On December 30, 1997, MDEQ withdrew much of the
original submittal. The revision incorporated below contains control
requirements and applicable definitions for fugitive dust sources.

[[Page 196]]

(i) Incorporation by reference. The following sections of Part 55 of
Act 451 of 1994, the Natural Resources and Environmental Protection Act
are incorporated by reference.
(A) 324.5524 Fugitive dust sources or emissions, effective March 30,
1995.
(B) 324.5525 Definitions, effective March 30, 1995.
(111) On March 18, 1999, the State of Michigan submitted a revision
to the Michigan State Implementation Plan for carbon monoxide containing
a section 175A maintenance plan for the Detroit area as part of
Michigan's request to redesignate the area from nonattainment to
attainment for carbon monoxide. Elements of the section 175A maintenance
plan include a base year (1996 attainment year) emission inventory for
CO, a demonstration of maintenance of the ozone NAAQS with projected
emission inventories to the year 2010, a plan to verify continued
attainment, a contingency plan, and an obligation to submit a subsequent
maintenance plan revision in 8 years as required by the Clean Air Act.
If the area records a violation of the CO NAAQS (which must be confirmed
by the State), Michigan will implement one or more appropriate
contingency measure(s) which are in the contingency plan. The menu of
contingency measures includes enforceable emission limitations for
stationary sources, transportation control measures, or a vehicle
inspection and maintenance program.
(112) The Michigan Department of Environmental Quality (MDEQ)
submitted a revision to Michigan's State Implementation Plan (SIP) on
August 20, 1998, and supplemented it on November 3, 1998. The revision
removed from the SIP the following rules, which the State rescinded
effective May 28, 1997: R 336.91 Purpose; R 336.92 Suspension of
enforcement; requests by local agencies; R 336.93 Local agency
requirements prior to suspension of enforcement; R 336.94 Commission
public hearings on applications; R 336.95 Suspension of enforcement;
procedures and public notice; R 336.96 Suspension of enforcement;
conditions; R 336.97 Commission review of local agency programs; renewal
of suspended enforcement; R 336.601 Affected counties and areas; R
336.602 Attainment of national ambient air quality standards; exemption
from inspection and maintenance program requirements; R 336.603 Ozone
and carbon monoxide attainment status determination; R 336.1373 Fugitive
dust control requirements; areas listed in table 36; R 336.1501 Emission
limits; extension of compliance date past January 1, 1980, generally; R
336.1502 Application; copies; R 336.1503 Application; contents; R
336.1504 Denial of request for extension past January 1, 1980; R
336.1505 Grant of extension past January 1, 1980; R 336.1506 Receipt of
full and complete application; public notice; inspection; public
hearing; R 336.1507 Modification or revocation of order granting
extension; immediate effect; R 336.1603 Compliance program; R 336.2010
Reference test method 5A; R 336.2199(c); R 336.2601 Organization; R
336.2602 Offices and meetings; R 336.2603 Documents available for
inspection and copying; R 336.2604 Document inspection and copying
procedures; tape recording transcriptions; R 336.2605 Functions; R
336.2608 Hearings and informal conferences; R 336.2301 Definition of air
pollution episode; R 336.2302 Definition of air pollution forecast; R
336.2303 Definition of air pollution alert; R 336.2304 Definition of air
pollution warning; R 336.2305 Definition of air pollution emergency; R
336.2306 Declaration of air pollution episodes; R 336.2307 Episode
emission abatement programs; and R 336.2308 Episode orders. The rules
incorporated below contain revisions to degreasing, perchloroethylene
dry cleaning, petroleum refinery, synthetic organic chemical
manufacturing, and delivery vessel loading rules.
(i) Incorporation by reference. The following sections of the
Michigan Administrative Code are incorporated by reference.
(A) R 336.1611 Existing cold cleaners, effective June 13, 1997.
(B) R336.1612 Existing open top vapor degreasers, effective June 13,
1997.
(C) R 336.1613 Existing conveyorized cold cleaners, effective June
13, 1997.
(D) R 336.1614 Existing conveyorized vapor degreasers, effective
June 13, 1997.
(E) R 336.1619 Standards for perchloroethylene dry cleaning
equipment, effective June 13, 1997.

[[Page 197]]

(F) R 336.1622 Emission of volatile organic compounds from existing
components of petroleum refineries; refinery monitoring program,
effective June 13, 1997.
(G) R 336.1628 Emission of volatile organic compounds from
components of existing process equipment used in manufacturing synthetic
organic chemicals and polymers; monitoring program, effective June 13,
1997.
(H) R 336.1651 Standards for Degreasers, effective June 13, 1997.
(I) R 336.1706 Loading delivery vessels with organic compounds
having a true vapor pressure of more than 1.5 psia at new loading
facilities handling 5,000,000 or more gallons of such compounds per
year, effective June 13, 1997.
(J) R 336.1707 New cold cleaners, effective June 13, 1997.
(K) R 336.1708 New open top vapor degreasers, effective June 13,
1997.
(L) R 336.1709 New conveyorized cold cleaners, effective June 13,
1997.
(M) R 336.1710 New conveyorized vapor degreasers, effective June 13,
1997.
(113) On March 9, 1995, the State of Michigan submitted a revision
to the Michigan State Implementation Plan for ozone containing a section
175A maintenance plan for the Muskegon County area as part of Michigan's
request to redesignate the area from nonattainment to attainment for
ozone. Elements of the section 175A maintenance plan include a
contingency plan, and an obligation to submit a subsequent maintenance
plan revision in 8 years as required by the Clean Air Act. If the area
records a violation of the 1-hour ozone NAAQS, determined not to be
attributable to transport from upwind areas, Michigan will implement one
or more appropriate contingency measure(s) which are in the contingency
plan. The menu of contingency measures includes a motor vehicle
inspection and maintenance program, stage II vapor recovery, a low Reid
vapor pressure gasoline program, and rules for industrial cleanup
solvents, plastic parts coating, and wood furniture coating.
(i) Incorporation by reference.
(A) State of Michigan House Bill No. 4165 signed by the Governor and
effective on November 13, 1993.
(B) State of Michigan House Bill No. 726 signed by the Governor and
effective on November 13, 1993.
(C) State of Michigan House Bill No. 4898 signed by the Governor and
effective on November 13, 1993.
(114)-(115) [Reserved]
(116) The Michigan Department of Environmental Quality submitted
revisions to Michigan's State Implementation Plan (SIP) on July 7, 2000
and supplemented them with letters dated January 29, 2001, and February
6, 2002. They include revisions to definitions, open burning rules,
general volatile organic compound provisions, and administrative
procedures. The revision removed from the SIP rules R 336.1320 and R
336.2703, which the State rescinded effective April 10, 2000.
(i) Incorporation by reference. The following sections of the
Michigan Administrative Code are incorporated by reference.
(A) R 336.1104 Definitions; D, effective April 10, 2000.
(B) R 336.1310, Open burning, effective February 3, 1999.
(C) R 336.1602 General provisions for existing sources of volatile
organic compound emissions, effective April 10, 2000.
(D) R 336.2701 Petitions for review and for contested case hearings;
hearing procedure; ``duly authorized agent'' defined, effective April
10, 2000.
(E) R 336.2702 Appearances, effective April 10, 2000.
(117) [Reserved]
(118) The Michigan Department of Environmental Quality submitted
revisions to Michigan's State Implementation Plan (SIP) on September 23,
2002. They include rules to address excess emissions occurring during
startup, shutdown or malfunction as well as revisions to definitions.
(i) Incorporation by reference. The following sections of the
Michigan Administrative Code are incorporated by reference.
(A) R 336.1102 Definitions; B, effective May 27, 2002.
(B) R 336.1104 Definitions; D, effective May 27, 2002.
(C) R 336.1105 Definitions; E, effective May 27, 2002.
(D) R 336.1107 Definitions; G, effective May 27, 2002.

[[Page 198]]

(E) R 336.1108 Definitions; H, effective May 27, 2002.
(F) R 336.1113 Definitions; M, effective May 27, 2002.
(G) R 336.1118 Definitions; R, effective May 27, 2002.
(H) R 336.1120 Definitions; T, effective May 27, 2002.
(I) R 336.1915 Enforcement discretion in instances of excess
emissions resulting from malfunction, start-up, or shutdown, effective
May 27, 2002.
(J) R 336.1916 Affirmative defense for excess emissions during
start-up or shutdown, effective May 27, 2002.
(119) The Michigan Department of Environmental Quality submitted a
revision to Michigan's State Implementation Plan for ozone on April 25,
2003. This submittal contained a revised definition of volatile organic
compound.
(i) Incorporation by reference.
(A) R 336.1122 Definitions; V, effective March 13, 2003.
(120) [Reserved]
(121) On April 3, 2003, the Michigan Department of Environmental
Quality (MDEQ) submitted regulations restricting emissions of oxides of
nitrogen (NOX) to address the Phase I NOX SIP Call
requirements. EPA conditionally approved Michigan's April 3, 2003, SIP
revision on April 16, 2004. On May 27, 2004 and August 5, 2004, Michigan
subsequently submitted for EPA approval SIP revisions to address the
requirements found in EPA's conditional approval. These additional
submittals, in combination with the original SIP revision, fulfill the
Phase I NOX SIP Call requirements.
(i) Incorporation by reference. The following sections of the
Michigan Administrative Code are incorporated by reference.
(A) R336.1802 Applicability under oxides of nitrogen budget trading
program, effective May 20, 2004.
(B) R336.1803 Definitions for oxides of nitrogen budget trading
program, effective December 4, 2002.
(C) R336.1804 Retired unit exemption from oxides of nitrogen budget
trading program, effective May 20, 2004.
(D) R336.1805 Standard requirements of oxides of nitrogen budget
trading program, effective December 4, 2002.
(E) R336.1806 Computation of time under oxides of nitrogen budget
trading program, effective December 4, 2002.
(F) R336.1807 Authorized account representative under oxides of
nitrogen budget trading program, effective December 4, 2002.
(G) R336.1808 Permit requirements under oxides of nitrogen budget
trading program, effective December 4, 2002.
(H) R336.1809 Compliance certification under oxides of nitrogen
budget trading program, effective December 4, 2002.
(I) R336.1810 Allowance allocations under oxides of nitrogen budget
trading program, effective December 4, 2002.
(J) R336.1811 New source set-aside under oxides of nitrogen budget
trading program, effective May 20, 2004.
(K) R336.1812 Allowance tracking system and transfers under oxides
of nitrogen budget trading program, effective December 4, 2002.
(L) R336.1813 Monitoring and reporting requirements under oxides of
nitrogen budget trading, effective December 4, 2002.
(M) R336.1814 Individual opt-ins under oxides of nitrogen budget
trading program, effective December 4, 2002.
(N) R336.1815 Allowance banking under oxides of nitrogen budget
trading program, effective December 4, 2002.
(O) R336.1816 Compliance supplement pool under oxides of nitrogen
budget trading program, effective December 4, 2002.
(P) R336.1817 Emission limitations and restrictions for Portland
cement kilns, effective December 4, 2002.
(122) On April 3, 2003, May 28, 2003, September 17, 2004, October
25, 2004 and June 8, 2005, Michigan submitted revisions to the State
Implementation
Plan which affect the following sections of the Michigan
Administrative Code: Part 3: Emission Limitations and Prohibitions--
Particulate Matter; Part 4: Emission Limitations and Prohibitions--
Sulfur-bearing Compounds; Part 6: Emission Limitations and
Prohibitions--Existing Sources of Volatile Organic Compound Emissions;
Part 7: Emission Limitations and Prohibitions--New Sources of Volatile
Organic Compound Emissions; Part 9: Emission

[[Page 199]]

Limitations and Prohibitions--Miscellaneous; Part 10: Intermittent
Testing and Sampling; and Part 11: Continuous Emission Monitoring.
(i) Incorporation by reference. The following sections of the
Michigan Administrative Code are incorporated by reference.
(A) Revisions to the following provisions of the Michigan
Administrative Code, effective April 30, 1998:
(1) R 336.1358 Roof monitor visible emissions at steel manufacturing
facilities from electric arc furnaces and blast furnaces.
(2) R 336.1361 Visible emissions from blast furnace casthouse
operations at steel manufacturing facilities.
(3) R 336.1362 Visible emissions from electric arc furnace
operations at steel manufacturing facilities.
(4) R 336.1363 Visible emissions from argon-oxygen decarburization
operations at steel manufacturing facilities.
(B) R 336.1625 Emission of volatile organic compound from existing
equipment utilized in manufacturing synthesized pharmaceutical products,
filed with the Secretary of State on November 14, 2000 and effective
November 30, 2000.
(C) Revisions to the following provisions of the Michigan
Administrative Code, filed with the Secretary of State March 11, 2002
and effective March 19, 2002:
(1) R 336.1301 Standards for density of emissions.
(2) R 336.1303 Grading visible emissions.
(3) R 336.1330 Electrostatic precipitator control systems.
(4) R 336.1331 Emission of particulate matter, except C8 of Table
31.
(5) R 336.1371 Fugitive dust control programs other than areas
listed in table 36.
(6) R 336.1372 Fugitive dust control program; required activities;
typical control methods.
(7) R 336.1374 Particulate matter contingency measures; area listed
in table 37.
(8) R 336.1401 Emission of sulfur dioxide from power plants.
(9) R 336.1403 Oil- and natural gas-producing or transporting
facilities and natural gas-processing facilities; emissions; operation.
(10) R 336.1601 Definitions.
(11) R 336.1604 Storage of organic compounds having true vapor
pressure of more than 1.5 psia, but less than 11 psia, in existing fixed
roof stationary vessels of more than 40,000-gallon capacity.
(12) R 336.1605 Storage of organic compounds having true vapor
pressure of 11 or more psia in existing stationary vessels of more than
40,000-gallon capacity.
(13) R 336.1606 Loading gasoline into existing stationary vessels of
more than 2,000-gallon capacity at dispensing facilities handling
250,000 or more gallons per year.
(14) R 336.1607 Loading gasoline into existing stationary vessels of
more than 2,000-gallon capacity at loading facilities.
(15) R 336.1608 Loading gasoline into delivery vessels at existing
loading facilities handling less than 5,000,000 gallons per year.
(16) R 336.1615 Existing vacuum-producing systems at petroleum
refineries.
(17) R 336.1616 Process unit turnarounds at petroleum refineries.
(18) R 336.1617 Existing organic compound-water separators at
petroleum refineries.
(19) R 336.1618 Use of cutback paving asphalt.
(20) R 336.1619 Standards for perchloroethylene dry cleaning
equipment; adoption of standards by reference.
(21) R 336.1622 Emission of volatile organic compounds from existing
components of petroleum refineries; refinery monitoring program.
(22) R 336.1623 Storage of petroleum liquids having a true vapor
pressure of more than 1.0 psia, but less than 11.0 psia, in existing
external floating roof stationary vessels of more than 40,000-gallon
capacity.
(23) R 336.1627 Delivery vessels; vapor collection systems.
(24) R 336.1628 Emission of volatile organic compounds from
components of existing process equipment used in manufacturing synthetic
organic chemicals and polymers; monitoring program.

[[Page 200]]

(25) R 336.1629 Emission of volatile organic compounds from
components of existing process equipment used in processing natural gas;
monitoring program.
(26) R 336.1630 Emission of volatile organic compounds from existing
paint manufacturing processes.
(27) R 336.1631 Emission of volatile organic compounds from existing
process equipment utilized in manufacture of polystyrene or other
organic resins.
(28) R 336.1702 New sources of volatile organic compound emissions
generally.
(29) R 336.1705 Loading gasoline into delivery vessels at new
loading facilities handling less than 5,000,000 gallons per year.
(30) R 336.1906 Diluting and concealing emissions.
(31) R 336.1911 Malfunction abatement plans.
(32) R 336.1930 Emission of carbon monoxide from ferrous cupola
operations.
(33) R 336.2001 Performance tests by owner.
(34) R 336.2002 Performance tests by department.
(35) R 336.2003 Performance test criteria.
(36) R 336.2004 Appendix A; reference test methods; adoption of
Federal reference test methods.
(37) R 336.2005 Reference test methods for delivery vessels.
(38) R 336.2007 Alternate version of procedure L, referenced in R
336.2040(10).
(39) R 336.2013 Reference test method 5D.
(40) R 336.2021 Figures.
(41) R 336.2040 Method for determination of volatile organic
compound emissions from coating lines and graphic arts lines, except
subrules (9) and (10).
(42) R 336.2101 Continuous emission monitoring, fossil fuel-fired
steam generators.
(43) R 336.2150 Performance specifications for continuous emission
monitoring systems.
(44) R 336.2155 Monitor location for continuous emission monitoring
systems.
(45) R 336.2159 Alternative continuous emission monitoring systems.
(46) R 336.2170 Monitoring data reporting and recordkeeping.
(47) R 336.2189 Alternative data reporting or reduction procedures.
(48) R 336.2190 Monitoring system malfunctions.
(D) Revisions to the following provisions of the Michigan
Administrative Code, effective October 15, 2004:
(1) R 336.2012 Reference test method 5C.
(2) R 336.2014 Reference test method 5E.
(3) R 336.2175 Data reduction procedures for fossil fuel-fired steam
generators.
(E) R 336.2011 Reference test method 5B, filed with the Secretary of
State on April 21, 2005 and effective April 29, 2005.

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

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

Subpart Y_Minnesota

Sec. 52.1219 Identification of plan--conditional approval.

(a) On November 12, 1993, the Minnesota Pollution Control Agency
submitted a revision request to Minnesota's carbon monoxide SIP for
approval of the State's basic inspection and maintenance (I/M) program.
The basic I/M program requirements apply to sources in the State's
moderate nonattainment areas for carbon monoxide and includes the
following counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington Counties. The USEPA is conditionally approving Minnesota's
basic I/M program provided that the State adopt specific enforceable
measures as outlined in its July 5, 1994 letter from Charles W.
Williams, Commissioner, Minnesota Air Pollution Control Agency.
(i) Incorporation by reference.
(A) Minnesota Rules relating to Motor Vehicle Emissions parts
7023.1010 to 7023.1105, effective January 8, 1994.
(ii) Additional material.
(A) Letter from the State of Minnesota to USEPA dated July 5, 1994.

[[Page 201]]

(b) On February 9, 1996, the State of Minnesota submitted a request
to revise its particulate matter (PM) State Implementation Plan (SIP)
for the Saint Paul area. This SIP submittal contains administrative
orders which include control measures for three companies located in the
Red Rock Road area--St. Paul Terminals, Inc., Lafarge Corporation and
AMG Resources Corporation. Recent exceedances were attributed to changes
of emissions/operations that had occurred at particular sources in the
area. The results from the modeling analysis submitted with the Red Rock
Road SIP revision, preliminarily demonstrate protection of the PM
National Ambient Air Quality Standards (NAAQS). However, due to the lack
of emission limits and specific information regarding emission
distribution at Lafarge Corporation following the installation of the
pneumatic unloader, EPA is conditionally approving the SIP revision at
this time. Final approval will be conditioned upon EPA receiving a
subsequent modeled attainment demonstration with specific emission
limits for Lafarge Corporation, corrected inputs for Peavey/Con-Agra,
and consideration of the sources in the 2-4 km range which have
experienced emission changes that may impact the Red Rock Road
attainment demonstration.

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

Sec. 52.1220 Identification of plan.

(a) Purpose and scope. This section sets forth the applicable State
Implementation Plan (SIP) for Minnesota under section 110 of the Clean
Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet National Ambient Air
Quality Standards.
(b) Incorporation by reference.
(1) Material listed in paragraphs (c) and (d) of this section with
an EPA approval date prior to December 1, 2004, was approved for
incorporation by reference by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is
incorporated as it exists on the date of the approval, and notice of any
change in the material will be published in the Federal Register.
Entries in paragraphs (c) and (d) of this section with the EPA approval
dates after December 1, 2004, will be incorporated by reference in the
next update to the SIP compilation.
(2) EPA Region 5 certifies that the rules/regulations provided by
the EPA in the SIP compilation at the addresses in paragraph (b)(3) of
this section are an exact duplicate of the officially promulgated state
rules/regulations which have been approved as part of the SIP as of
December 1, 2004.
(3) Copies of the materials incorporated by reference may be
inspected at the Environmental Protection Agency, Region 5, Air Programs
Branch, 77 West Jackson Boulevard, Chicago, IL 60604; the EPA, Air and
Radiation Docket and Information Center, 1301 Constitution Avenue NW.,
Room B108, Washington, DC 20460; or the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call (202) 741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html.
(c) EPA approved regulations.

EPA--Approved Minnesota Regulations
----------------------------------------------------------------------------------------------------------------
State
Minnesota citation Title/subject effective date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
CHAPTER 7001 PERMITS AND CERTIFICATIONS
----------------------------------------------------------------------------------------------------------------
7001.0020.............. Scope................. 08/10/93 05/02/95, 60 FR 21447.. Only items I and J.
7001.0050.............. Written application... 08/10/93 05/02/95, 60 FR 21447.. Only item I.
7001.0140.............. Final determination... 08/10/93 05/02/95, 60 FR 21447.. Only Subp. 2F.
7001.0180.............. Justification to 08/10/93 05/02/95, 60 FR 21447.. Only item D.
commence revocation
without reissuance of
permit.
7001.0550.............. Contents of part a of 08/10/93 05/02/95, 60 FR 21447.. Only items E and J(3).
application.

[[Page 202]]

7001.3050.............. Permit requirements... 08/10/93 05/02/95, 60 FR 21447.. Only Subp. 3E.
----------------------------------------------------------------------------------------------------------------
CHAPTER 7002 PERMIT FEES
----------------------------------------------------------------------------------------------------------------
7002.0005.............. Scope................. 08/10/93 05/02/95, 60 FR 21447..
7002.0015.............. Definitions........... 08/10/93 05/02/95, 60 FR 21447.. Only Subp. 1 and 2.
----------------------------------------------------------------------------------------------------------------
CHAPTER 7005 DEFINITIONS AND ABBREVIATIONS
----------------------------------------------------------------------------------------------------------------
7005.0100.............. Definitions........... 11/19/07 08/10/11, 76 FR 49303..
7005.0110.............. Abbreviations......... 07/93-06/94 08/10/11, 76 FR 49303.. 18 SR 1412.
----------------------------------------------------------------------------------------------------------------
CHAPTER 7007 AIR EMISSION PERMITS
----------------------------------------------------------------------------------------------------------------
7007.0050.............. Scope................. 08/10/93 05/02/95, 60 FR 21447..
7007.0100.............. Definitions........... 08/10/93 05/02/95, 60 FR 21447..
12/27/94 05/18/99, 64 FR 26880.. Revised Subp. 9a, 12a,
12b, 17, 18a, and 28.
7007.0150.............. Permit required....... 08/10/93 05/02/95, 60 FR 21447..
12/27/94 05/18/99, 64 FR 26880.. Revised Subp. 2 and 4.
7007.0200.............. Sources required or 08/10/93 05/02/95, 60 FR 21447..
allowed to obtain a
part 70 permit.
12/27/94 05/18/99, 64 FR 26880.. Revised Subp. 1.
7007.0250.............. Sources required to 08/10/93 05/02/95, 60 FR 21447..
obtain a state permit.
12/27/94 05/18/99, 64 FR 26880.. Revised Subp. 1 and 7.
7007.0300.............. Sources not required 08/10/93 05/02/95, 60 FR 21447..
to obtain a permit.
12/27/94 05/18/99, 64 FR 26880.. Revised Subp. 1.
7007.0350.............. Existing source 08/10/93 05/02/95, 60 FR 21447..
application deadlines
and source operation
during transition.
12/27/94 05/18/99, 64 FR 26880.. Revised Subp. 1A.
7007.0400.............. Permit reissuance 08/10/93 05/02/95, 60 FR 21447..
applications after 12/27/94 05/18/99, 64 FR 26880..
transition; new Revised Subp. 1 and 4..
source and permit
amendment
applications;
applications for
sources newly subject
to a Part 70 or State
permit requirement.

7007.0450.............. Permit reissuance 08/10/93 05/02/95, 60 FR 21447..
applications and 12/27/94 05/18/99, 64 FR 26880..
continuation of Revised Subp. 2C.......
expiring permits.
7007.0500.............. Content of permit 08/10/93 05/02/95, 60 FR 21447..
application.
7007.0550.............. Confidential 08/10/93 05/02/95, 60 FR 21447..
information.
7007.0600.............. Complete application 08/10/93 05/02/95, 60 FR 21447..
and supplemental
information
requirements.
7007.0650.............. Who receives an 08/10/93 05/02/95, 60 FR 21447..
application.
7007.0700.............. Completeness review... 08/10/93 05/02/95, 60 FR 21447..
7007.0750.............. Application priority 08/10/93 05/02/95, 60 FR 21447..
and issuance
timelines.

[[Page 203]]

12/27/94 05/18/99, 64 FR 26880.. Revised Subp. 5.
7007.0800.............. Permit content........ 08/10/93 05/02/95, 60 FR 21447..
02/28/95 10/14/97, 62 FR 53239.. Revised Subp. 6.C(5).
7007.0850.............. Permit application 08/10/93 05/02/95, 60 FR 21447..
notice and comment.
7007.0900.............. Review of part 70 08/10/93 05/02/95, 60 FR 21447..
permits by affected
states.
7007.0950.............. EPA review and 08/10/93 05/02/95, 60 FR 21447..
objection.
7007.1000.............. Permit issuance and 08/10/93 05/02/95, 60 FR 21447..
denial.
7007.1050.............. Duration of permits... 08/10/93 05/02/95, 60 FR 21447..
12/27/94 05/18/99, 64 FR 26880.. Revised Subp. 3a.
7007.1100.............. General permits....... 08/10/93 05/02/95, 60 FR 21447..
7007.1110.............. Registration permit 12/27/94 05/18/99, 64 FR 26880..
general requirements.
7007.1115.............. Registration permit 12/27/94 05/18/99, 64 FR 26880..
option a.
7007.1120.............. Registration permit 12/27/94 05/18/99, 64 FR 26880..
option b.
7007.1130.............. Registration permit 12/27/94 05/18/99, 64 FR 26880..
option d.
7007.1150.............. When a permit 08/10/93 05/02/95, 60 FR 21447..
amendment is required.
12/27/94 05/18/99, 64 FR 26880.. Revised Subp. (C).
7007.1200.............. Calculating emission 12/27/94 05/18/99, 64 FR 26880..
changes for permit
amendments.
7007.1250.............. Insignificant 08/10/93 05/02/95, 60 FR 21447..
modifications.
12/27/94 05/18/99, 64 FR 26880.. Revised Subp. 1.
7007.1251.............. Hazardous air 12/27/94 05/18/99, 64 FR 26880..
pollutant thresholds.
7007.1300.............. Insignificant 08/10/93 05/02/95, 60 FR 21447..
activities list.
12/27/94 05/18/99, 64 FR 26880.. Revised Subp. 2, 3,
and 4.
7007.1350.............. Changes which 08/10/93 05/02/95, 60 FR 21447..
contravene certain
permit terms.
7007.1400.............. Administrative permit 08/10/93 05/02/95, 60 FR 21447..
amendments.
7007.1450.............. Minor and moderate 08/10/93 05/02/95, 60 FR 21447..
permit amendments.
12/27/94 05/18/99, 64 FR 26880.. Revised Subp. 2.
7007.1500.............. Major permit 08/10/93 05/02/95, 60 FR 21447..
amendments.
7007.1600.............. Permit reopening and 08/10/93 05/02/95, 60 FR 21447..
amendment by agency.
7007.1650.............. Reopenings for cause 08/10/93 05/02/95, 60 FR 21447..
by EPA.
7007.1700.............. Permit revocation by 08/10/93 05/02/95, 60 FR 21447..
agency.
7007.1750.............. Federal enforceability 08/10/93 05/02/95, 60 FR 21447..
7007.1800.............. Permit shield......... 08/10/93 05/02/95, 60 FR 21447..
7007.1850.............. Emergency provision... 08/10/93 05/02/95, 60 FR 21447..
----------------------------------------------------------------------------------------------------------------
Offsets
----------------------------------------------------------------------------------------------------------------
7007.4000.............. Scope................. 10/18/93 05/24/95, 60 FR 27411..

[[Page 204]]

7007.4010.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411..
7007.4020.............. Conditions for permit. 10/18/93 05/24/95, 60 FR 27411..
7007.4030.............. Limitation on use of 10/18/93 05/24/95, 60 FR 27411..
offsets.
----------------------------------------------------------------------------------------------------------------
CHAPTER 7009 AMBIENT AIR QUALITY STANDARDS
----------------------------------------------------------------------------------------------------------------
7009.0010.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411..
7009.0020.............. Prohibited emissions.. 10/18/93 5/24/95, 60 FR 27411...
7009.0050.............. Interpretation and 6/1/99 8/10/11, 76 FR 49303...
measurement
methodology, except
for hydrogen sulfide.
7009.0060.............. Measurement 07/94-06/95 08/10/11, 76 FR 49303.. 19 SR 550.
methodology for
hydrogen sulfide.
7009.0070.............. Time of compliance.... 10/18/93 05/24/95, 60 FR 27411. 7.
7009.0080.............. State ambient air 06/01/99 08/10/11, 76 FR 49303..
quality standards.
----------------------------------------------------------------------------------------------------------------
Air Pollution Episodes
----------------------------------------------------------------------------------------------------------------
7009.1000.............. Air pollution episodes 03/18/96 08/10/11, 76 FR 49303..
7009.1010.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411. ......................
7009.1020.............. Episode levels........ 10/18/93 05/24/95, 60 FR 27411. ......................
7009.1030.............. Episode declaration... 10/18/93 05/24/95, 60 FR 27411. ......................
7009.1040.............. Control actions....... 01/12/98 08/10/11, 76 FR 49303..
7009.1050.............. Emergency powers...... 10/18/93 05/24/95, 60 FR 27411. ......................
7009.1060.............. Table 1............... 10/18/93 05/24/95, 60 FR 27411
7009.1070.............. Table 2: emission 10/18/93 05/24/95, 60 FR 27411. ......................
reduction objectives
for particulate
matter.
7009.1080.............. Table 3: emission 10/18/93 05/24/95, 60 FR 27411. ......................
objectives for sulfur
oxides.
7009.1090.............. Table 4: emission 10/18/93 05/24/95, 60 FR 27411. ......................
reduction objectives
for nitrogen oxides.
7009.1100.............. Table 5: emission 10/18/93 05/24/95, 60 FR 27411. ......................
reduction objectives
for hydrocarbons.
7009.1110.............. Table 6: emission 10/18/93 05/24/95, 60 FR 27411. ......................
reduction objectives
for carbon monoxide.
----------------------------------------------------------------------------------------------------------------
Adoption of Federal Regulations
----------------------------------------------------------------------------------------------------------------
7009.9000.............. Determining conformity 11/20/95 04/23/97, 62 FR 19674.
of general Federal
actions to state or
Federal
implementation plans.
----------------------------------------------------------------------------------------------------------------
CHAPTER 7011 STANDARDS FOR STATIONARY SOURCES
----------------------------------------------------------------------------------------------------------------
7011.0010.............. Applicability of 06/01/99 08/10/11, 76 FR 49303..
standards of
performance.
7011.0020.............. Circumvention......... 10/18/93 05/24/95, 60 FR 27411.
----------------------------------------------------------------------------------------------------------------
Control Equipment
----------------------------------------------------------------------------------------------------------------
7011.0060.............. Definitions........... 11/19/07 08/10/11, 76 FR 49303..
7011.0061.............. Incorporation by 11/19/07 08/10/11, 76 FR 49303..
reference.
7011.0065.............. Applicability......... 11/19/07 08/10/11, 76 FR 49303..
7011.0070.............. Listed control 11/19/07 08/10/11, 76 FR 49303..
equipment and control
equipment
efficiencies.

[[Page 205]]

7011.0072.............. Requirements for 11/19/07 08/10/11, 76 FR 49303..
certified hoods.
7011.0075.............. Listed control 11/19/07 08/10/11, 76 FR 49303..
equipment general
requirements.
7011.0080.............. Monitoring and record 11/19/07 08/10/11, 76 FR 49303..
keeping for listed
control equipment.
----------------------------------------------------------------------------------------------------------------
Emission Standards for Visible Air Contaminants
----------------------------------------------------------------------------------------------------------------
7011.0100.............. Scope................. 10/18/93 05/24/95, 60 FR 27411.
7011.0105.............. Visible emission 07/13/98 08/10/11, 76 FR 49303..
restrictions for
existing facilities.
7011.0110.............. Visible emission 01/12/98 08/10/11, 76 FR 49303..
restrictions for new
facilities.
7011.0115.............. Performance tests..... 07/93-06/94 08/10/11, 76 FR 49303.. 18 SR 1412.
----------------------------------------------------------------------------------------------------------------
Control of Fugitive Pariculate Matter
----------------------------------------------------------------------------------------------------------------
7011.0150.............. Preventing particulate 03/18/96 08/10/11, 76 FR 49303..
matter from becoming
airborne.
----------------------------------------------------------------------------------------------------------------
Indirect Heating Fossil-Fuel-Burning Equipment
----------------------------------------------------------------------------------------------------------------
7011.0500.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411.
7011.0505.............. Determination of 10/18/93 05/24/95, 60 FR 27411.
applicable standards
of performance.
7011.0510.............. Standards of 07/13/98 08/10/11, 76 FR 49303..
performance for
existing indirect
heating equipment.
7011.0515.............. Standards of 07/13/98 08/10/11, 76 FR 49303..
performance for new
indirect heating
equipment.
7011.0520.............. Allowance for stack 10/18/93 05/24/95, 60 FR 27411.
height for indirect
heating equipment.
7011.0525.............. High heating value.... 10/18/93 05/24/95, 60 FR 27411.
7011.0530.............. Performance test 10/18/93 05/24/95, 60 FR 27411..
methods.
7011.0535.............. Performance test 01/12/98 08/10/11, 76 FR 49303..
procedures.
7011.0540.............. Derate................ 10/18/93 05/24/95, 60 FR 27411.
7011.0545.............. Table I: existing 10/18/93 05/24/95, 60 FR 27411.
indirect heating
equipment.
7011.0550.............. Table II: new indirect 10/18/93 05/24/95, 60 FR 27411.
heating equipment.
7011.0551.............. Record keeping and 05/11/98 08/10/11, 76 FR 49303..
reporting for
indirect heating
units combusting
solid waste.
7011.0553.............. Nitrogen oxides 07/94-06/95 08/10/11, 76 FR 49303.. 19 SR 1666.
emission reduction
requirements for
affected sources.
----------------------------------------------------------------------------------------------------------------
Direct Heating Fossil-Fuel-Burning Equipment
----------------------------------------------------------------------------------------------------------------
7011.0600.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411.
7011.0605.............. Determination of 10/18/93 05/24/95, 60 FR 27411.
applicable standards
of performance.
7011.0610.............. Standards of 07/13/98 08/10/11, 76 FR 49303..
performance for
fossil-fuel-burning
direct heating
equipment.
7011.0615.............. Performance test 10/18/93 05/24/95, 60 FR 27411.
methods.
7011.0620.............. Performance test 01/12/98 08/10/11, 76 FR 49303..
procedures.
7011.0625.............. Record keeping and 05/11/98 08/10/11, 76 FR 49303..
reporting for direct
heating units
combusting solid
waste.
----------------------------------------------------------------------------------------------------------------
Industrial Process Equipment
----------------------------------------------------------------------------------------------------------------
7011.0700.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411..

[[Page 206]]

7011.0705.............. Scope................. 10/18/93 05/24/95, 60 FR 27411.
7011.0710.............. Standards of 07/13/98 08/10/11, 76 FR 49303..
performance for pre-
1969 industrial
process equipment.
7011.0715.............. Standards of 10/18/93 05/24/95, 60 FR 27411.
performance for post-
1969 industrial
process equipment.
7011.0720.............. Performance test 10/18/93 05/24/95, 60 FR 27411.
methods.
7011.0725.............. Performance test 07/93-06/94 08/10/11, 76 FR 49303.. 18 SR 1412.
procedures.
7011.0730.............. Table 1............... 11/19/07 08/10/11, 76 FR 49303..
7011.0735.............. Table 2............... 10/18/93 05/24/95, 60 FR 27411..
----------------------------------------------------------------------------------------------------------------
Concrete Manufacturing Plant Standards Of Performance
----------------------------------------------------------------------------------------------------------------
7011.0850.............. Definitions........... 04/21/03 08/10/11, 76 FR 49303..
7011.0852.............. Standards of 11/23/98 08/10/11, 76 FR 49303..
performance for
concrete
manufacturing plants.
7011.0854.............. Concrete manufacturing 11/23/98 08/10/11, 76 FR 49303..
plant control
equipment
requirements.
7011.0857.............. Preventing particulate 11/23/98 08/10/11, 76 FR 49303..
matter from becoming
airborne.
7011.0858.............. Noise................. 11/23/98 08/10/11, 76 FR 49303..
7011.0859.............. Shutdown and breakdown 11/23/98 08/10/11, 76 FR 49303..
procedures.
7011.0865.............. Incorporations by 04/21/03 08/10/11, 76 FR 49303..
reference.
7011.0870.............. Stage-one vapor 04/21/03 08/10/11, 76 FR 49303..
recovery.
----------------------------------------------------------------------------------------------------------------
Hot Mix Asphalt Plants
----------------------------------------------------------------------------------------------------------------
7011.0900.............. Definitions........... 06/01/99 08/10/11, 76 FR 49303..
7011.0903.............. Compliance with 04/15/96 08/10/11, 76 FR 49303..
ambient air quality
standards.
7011.0905.............. Standards of 04/15/96 08/10/11, 76 FR 49303..
performance for
existing asphalt
concrete plants.
7011.0911.............. Maintenance of dryer 04/15/96 08/10/11, 76 FR 49303..
burner.
7011.0913.............. Hot mix asphalt plant 05/24/04 08/10/11, 76 FR 49303..
materials, fuels, and
additives operating
requirements.
7011.0917.............. Asphalt plant control 11/29/04 08/10/11, 76 FR 49303..
equipment
requirements.
7011.0920.............. Performance tests..... 04/15/96 08/10/11, 76 FR 49303..
7011.0922.............. Operational 04/15/96 08/10/11, 76 FR 49303..
requirements and
limitations from
performance tests.
----------------------------------------------------------------------------------------------------------------
Bulk Agricultural Commodity Facilities
----------------------------------------------------------------------------------------------------------------
7011.1000.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411.
7011.1005.............. Standards of 11/19/07 08/10/11, 76 FR 49303..
performance for dry
bulk agricultural
commodity facilities.
7011.1010.............. Nuisance.............. 10/18/93 05/24/95, 60 FR 27411.
7011.1015.............. Control requirements 10/18/93 05/24/95, 60 FR 27411.
schedule.
----------------------------------------------------------------------------------------------------------------
Coal Handling Facilities
----------------------------------------------------------------------------------------------------------------
7011.1100.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411.
7011.1105.............. Standards of 01/12/98 08/10/11, 76 FR 49303..
performance for
certain coal handling
facilities.
7011.1110.............. Standards of 01/12/98 08/10/11, 76 FR 49303..
performance for
existing outstate
coal handling
facilities.

[[Page 207]]

7011.1115.............. Standards of 10/18/93 05/24/95, 60 FR 27411.
performance for
pneumatic coal-
cleaning equipment
and thermal dryers at
any coal handling
facility.
7011.1120.............. Exemption............. 10/18/93 05/24/95, 60 FR 27411.
7011.1125.............. Cessation of 10/18/93 05/24/95, 60 FR 27411.
operations.
7011.1135.............. Performance test 07/93-06/94 08/10/11, 76 FR 49303.. 18 SR 1412.
procedures.
7011.1140.............. Dust suppressant 10/18/93 05/24/95, 60 FR 27411.
agents.
----------------------------------------------------------------------------------------------------------------
Waste Combustors
----------------------------------------------------------------------------------------------------------------
7011.1201.............. Definitions........... 05/11/98 08/10/11, 76 FR 49303..
7011.1205.............. Incorporations by 05/11/98 08/10/11, 76 FR 49303..
reference.
----------------------------------------------------------------------------------------------------------------
Incinerators
----------------------------------------------------------------------------------------------------------------
7011.1300.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411.
7011.1305.............. Standards of 07/13/98 08/10/11, 76 FR 49303..
performance for
existing sewage
sludge incinerators.
7011.1310.............. Standards of 01/12/98 08/10/11, 76 FR 49303..
performance for new
sewage sludge
incinerators.
7011.1315.............. Monitoring of 10/18/93 05/24/95, 60 FR 27411.
operations.
7011.1320.............. Performance test 10/18/93 05/24/95, 60 FR 27411.
methods.
7011.1325.............. Performance test 07/93-06/94 08/10/11, 76 FR 49303.. 18 SR 1412.
procedures.
----------------------------------------------------------------------------------------------------------------
Petroleum Refineries
----------------------------------------------------------------------------------------------------------------
7011.1400.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411.
7011.1405.............. Standards of 07/13/98 08/10/11, 76 FR 49303..
performance for
existing affected
facilities at
petroleum refineries.
7011.1410.............. Standards of 07/13/98 08/10/11, 76 FR 49303..
performance for new
affected facilities
at petroleum
refineries.
7011.1415.............. Exemptions............ 01/12/98 08/10/11, 76 FR 49303..
7011.1420.............. Emission monitoring... 03/01/99 08/10/11, 76 FR 49303..
7011.1425.............. Performance test 10/18/93 05/24/95, 60 FR 27411.
methods.
7011.1430.............. Performance test 07/93-06/94 08/10/11, 76 FR 49303.. 18 SR 1412.
procedures.
----------------------------------------------------------------------------------------------------------------
Liquid Petroleum And Volatile Organic Liquid Storage Vessels
----------------------------------------------------------------------------------------------------------------
7011.1500.............. Definitions........... 06/01/99
7011.1505.............. Standards of 10/18/93 05/24/95, 60 FR 27411.
performance for
storage vessels.
7011.1510.............. Monitoring of 10/18/93 05/24/95, 60 FR 27411.
operations.
7011.1515.............. Exception............. 10/18/93 05/24/95, 60 FR 27411.
----------------------------------------------------------------------------------------------------------------
Sulfuric Acid Plants
----------------------------------------------------------------------------------------------------------------
7011.1600.............. Definitions........... 01/12/98
7011.1605.............. Standards of 10/18/93 05/24/95, 60 FR 27411.
performance of
existing sulfuric
acid production units.
7011.1615.............. Continuous emission 03/01/99 08/10/11, 76 FR 49303..
monitoring.

[[Page 208]]

7011.1620.............. Performance test 10/18/93 05/24/95, 60 FR 27411.
methods.
7011.1625.............. Performance test *1 08/10/11, 76 FR 49303..
procedures.
7011.1630.............. Exceptions............ 07/93-06/94 08/10/11, 76 FR 49303.. 18 SR 1412.
----------------------------------------------------------------------------------------------------------------
Nitric Acid Plants
----------------------------------------------------------------------------------------------------------------
7011.1700.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411.
7011.1705.............. Standards of 01/12/98 08/10/11, 76 FR 49303..
performance for
existing nitric acid
production units.
7011.1715.............. Emission monitoring... 03/01/99 08/10/11, 76 FR 49303..
7011.1720.............. Performance test 10/18/93 05/24/95, 60 FR 27411.
methods.
7011.1725.............. Performance test 07/93-06/94 08/10/11, 76 FR 49303.. 18 SR 1412.
procedures.
----------------------------------------------------------------------------------------------------------------
Emission Standards For Inorganic Fibrous Materials
----------------------------------------------------------------------------------------------------------------
7011.2100.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411.
7011.2105.............. Spraying of inorganic 10/18/93 05/24/95, 60 FR 27411.
fibrous materials.
----------------------------------------------------------------------------------------------------------------
Stationary Internal Combustion Engines
----------------------------------------------------------------------------------------------------------------
7011.2300.............. Standards of 02/21/95 08/10/11, 76 FR 49303..
performance for
stationary internal
combustion engines.
----------------------------------------------------------------------------------------------------------------
CHAPTER 7017 MONITORING AND TESTING REQUIREMENTS
----------------------------------------------------------------------------------------------------------------
7017.0100.............. Establishing 02/28/95 10/14/97, 62 FR 53239.
violations.
----------------------------------------------------------------------------------------------------------------
Compliance Assurance Monitoring
----------------------------------------------------------------------------------------------------------------
7017.0200.............. Incorporation by 05/24/04 08/10/11, 76 FR 49303..
reference.
----------------------------------------------------------------------------------------------------------------
Continuous Monitoring Systems
----------------------------------------------------------------------------------------------------------------
7017.1002.............. Definitions........... 03/01/99 08/10/11, 76 FR 49303..
7017.1004.............. Applicability......... 03/01/99 08/10/11, 76 FR 49303..
7017.1006.............. Requirement to install 03/01/99 08/10/11, 76 FR 49303..
monitor.
7017.1010.............. Incorporation of 03/01/99 08/10/11, 76 FR 49303..
Federal monitoring
requirements by
reference.
7017.1020.............. Continuous emission 07/94-06/95 08/10/11, 76 FR 49303.. 19 SR 1666.
monitoring by
affected sources.
7017.1030.............. Agency access to 03/01/99 08/10/11, 76 FR 49303..
witness or conduct
tests.
7017.1035.............. Testing required...... 03/01/99 08/10/11, 76 FR 49303..
7017.1040.............. Installation 03/01/99 08/10/11, 76 FR 49303..
requirements.
7017.1050.............. Monitor certification 03/01/99 08/10/11, 76 FR 49303..
and recertification
test.
7017.1060.............. Precertification test 03/01/99 08/10/11, 76 FR 49303..
requirements.
7017.1070.............. Certification test 03/01/99 08/10/11, 76 FR 49303..
procedures.
7017.1080.............. Certification test 03/01/99 08/10/11, 76 FR 49303..
report requirements.
7017.1090.............. Monitor operational 03/01/99 08/10/11, 76 FR 49303..
requirements.
7017.1100.............. Evidence of 03/01/99 08/10/11, 76 FR 49303..
noncompliance.

[[Page 209]]

7017.1110.............. Excess emissions 03/01/99 08/10/11, 76 FR 49303..
reports.
7017.1120.............. Submittals............ 03/01/99 08/10/11, 76 FR 49303..
7017.1130.............. Record keeping........ 03/01/99 08/10/11, 76 FR 49303..
7017.1135.............. Applicability......... 03/01/99 08/10/11, 76 FR 49303..
7017.1140.............. CEMS design 03/01/99 08/10/11, 76 FR 49303..
requirements.
7017.1150.............. CEMS testing company 03/01/99 08/10/11, 76 FR 49303..
requirement.
7017.1160.............. CEMS monitoring data.. 03/01/99 08/10/11, 76 FR 49303..
7017.1170.............. Quality assurance and 03/01/99 08/10/11, 76 FR 49303..
control requirements
for CEMS.
7017.1180.............. Quality control 03/01/99 08/10/11, 76 FR 49303..
reporting and
notification
requirements for CEMS.
7017.1185.............. Applicability......... 03/01/99 08/10/11, 76 FR 49303..
7017.1190.............. COMS design 03/01/99 08/10/11, 76 FR 49303..
requirements.
7017.1200.............. COMS monitoring data.. 03/01/99 08/10/11, 76 FR 49303..
7017.1210.............. Quality assurance and 03/01/99 08/10/11, 76 FR 49303..
control requirements
for COMS.
7017.1220.............. Quality assurance and 03/01/99 08/10/11, 76 FR 49303..
control reporting
requirements for COMS.
----------------------------------------------------------------------------------------------------------------
Performance Tests
----------------------------------------------------------------------------------------------------------------
7017.2001.............. Applicability......... 07/13/98 08/10/11, 76 FR 49303..
7017.2005.............. Definitions........... 11/19/07 08/10/11, 76 FR 49303..
7017.2010.............. Incorporation of test 07/13/98 08/10/11, 76 FR 49303..
methods by reference.
7017.2015.............. Incorporation of 07/13/98 08/10/11, 76 FR 49303..
Federal testing
requirements by
reference.
7017.2018.............. Submittals............ 05/24/04 08/10/11, 76 FR 49303..
7017.2020.............. Performance tests 11/19/07 08/10/11, 76 FR 49303..
general requirements.
7017.2025.............. Operational 03/01/99 08/10/11, 76 FR 49303..
requirements and
limitations.
7017.2030.............. Performance test 03/01/99 08/10/11, 76 FR 49303..
pretest requirements.
7017.2035.............. Performance test 07/13/98 08/10/11, 76 FR 49303..
reporting
requirements.
7017.2040.............. Certification of 07/13/98 05/13/02, 67 FR 31963..
performance test
results.
7017.2045.............. Quality assurance 07/13/98 08/10/11, 76 FR 49303..
requirements.
7017.2050.............. Performance test 07/13/98 08/10/11, 76 FR 49303..
methods.
7017.2060.............. Performance test 07/13/98 08/10/11, 76 FR 49303..
procedures.
----------------------------------------------------------------------------------------------------------------
CHAPTER 7019 EMISSION INVENTORY REQUIREMENTS
----------------------------------------------------------------------------------------------------------------
7019.1000.............. Shutdowns and 06/01/99 08/10/11, 76 FR 49303..
breakdowns.
7019.3000.............. Emission inventory.... 11/19/07 08/10/11, 76 FR 49303..
7019.3020.............. Calculation of actual 11/19/07 08/10/11, 76 FR 49303..
emissions for
emission inventory.
7019.3030.............. Method of calculation. 11/19/07 08/10/11, 76 FR 49303..
7019.3040.............. Continuous emission 03/01/99 08/10/11, 76 FR 49303..
monitor (CEM) data.

[[Page 210]]

7019.3050.............. Performance test data. 11/19/07 08/10/11, 76 FR 49303..
7019.3060.............. Volatile organic 1997 08/10/11, 76 FR 49303.. 21 SR 165.
compound (VOC)
material balance.
7019.3070.............. So material balance... 1997 08/10/11, 76 FR 49303.. 21 SR 165.
7019.3080.............. Emission factors...... 11/19/07 08/10/11, 76 FR 49303..
7019.3090.............. Enforceable 1997 08/10/11, 76 FR 49303.. 21 SR 165.
limitations.
7019.3100.............. Facility proposal..... 1997 08/10/11, 76 FR 49303.. 21 SR 165.
----------------------------------------------------------------------------------------------------------------
CHAPTER 7023 MOBILE AND INDIRECT SOURCES
----------------------------------------------------------------------------------------------------------------
7023.0100.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411..
7023.0105.............. Standards of 10/18/93 05/24/95, 60 FR 27411..
performance for motor
vehicles.
7023.0110.............. Standards of 10/18/93 05/24/95, 60 FR 27411..
performance for
trains, boats, and
construction
equipment.
7023.0115.............. Exemption............. 10/18/93 05/24/95, 60 FR 27411..
7023.0120.............. Air pollution control 10/18/93 05/24/95, 60 FR 27411..
systems restrictions.
7023.1010.............. Definitions........... 01/08/94 10/29/99, 64 FR 58344.. Entire rule except for
Subp. 35(B)
7023.1015.............. Inspection Requirement 01/08/94 10/29/99, 64 FR 58344..
7023.1020.............. Description of 01/08/94 10/29/99, 64 FR 58344..
Inspection and
Documents Required.
7023.1025.............. Tampering Inspection.. 01/08/94 10/29/99, 64 FR 58344..
7023.1030.............. Exhaust Emission Test. 01/08/94 10/29/99, 64 FR 58344.. Entire rule except for
Subp. 11(B, C)
7023.1035.............. Reinspections......... 01/08/94 10/29/99, 64 FR 58344..
7023.1040.............. Vehicle Inspection 01/08/94 10/29/99, 64 FR 58344..
Report.
7023.1045.............. Certificate of 01/08/94 10/29/99, 64 FR 58344..
Compliance.
7023.1050.............. Vehicle Noncompliance 01/08/94 10/29/99, 64 FR 58344..
and Repair.
7023.1055.............. Certificate of Waiver. 01/08/94 10/29/99, 64 FR 58344.. Entire rule except for
Subp. 1 (E)(2).
7023.1060.............. Emission Control 01/08/94 10/29/99, 64 FR 58344..
Equipment Inspection
as a Condition of
Waiver.
7023.1065.............. Repair Cost Limit and 01/08/94 10/29/99, 64 FR 58344..
Low Emission
Adjustment.
7023.1070.............. Certificate of 01/08/94 10/29/99, 64 FR 58344..
Temporary Extension,
Certificate of Annual
Exemption, and
Certificate of
Exemption.
7023.1075.............. Evidence of Meeting 01/08/94 10/29/99, 64 FR 58344..
State Inspection
Requirements.
7023.1080.............. Fleet Inspection 01/08/94 10/29/99, 64 FR 58344..
Station Permits,
Procedures, and
Inspection.
7023.1085.............. Inspection Stations 01/08/94 10/29/99, 64 FR 58344..
Testing Fleet
Vehicles.
7023.1090.............. Exhaust Gas Analyzer 01/08/94 10/29/99, 64 FR 58344..
Specifications;
Calibration and
Qality Control.
7023.1095.............. [repealed, 18 sr 1593] 01/08/94 10/29/99, 64 FR 58344..
7023.1100.............. Public Notification... 01/08/94 10/29/99, 64 FR 58344..
7023.1105.............. Inspection Fees....... 01/08/94 10/29/99, 64 FR 58344.. ......................
----------------------------------------------------------------------------------------------------------------
Minnesota Statutes
----------------------------------------------------------------------------------------------------------------
17.135................. Farm Disposal of Solid 1993 05/24/95, 60 FR 27411.. Only item (a).
Waste.

[[Page 211]]

88.01.................. Definitions........... 1993 05/24/95, 60 FR 27411.. Only Subd. 1, 2, 3, 4,
6, 14, 20, 23, 24,
25, and 26.
88.02.................. Citation, Wildfire Act 1993 05/24/95, 60 FR 27411..
88.03.................. Codification.......... 1993 05/24/95, 60 FR 27411..
88.16.................. Starting Fires; 1993 05/24/95, 60 FR 27411.. Only Subd. 1 and 2
Burners; Failure to
Report a Fire.
88.17.................. Permission to Start 1993 05/24/95, 60 FR 27411..
Fires; Prosecution
for Unlawfully
Starting Fires.
88.171................. Open Burning 1993 05/24/95, 60 FR 27411.. Only Subd. 1, 2, 5, 6,
Prohibitions. 7, 8, 9, and 10
----------------------------------------------------------------------------------------------------------------
Twin Cities Nonattainment Area for Carbon Monoxide
----------------------------------------------------------------------------------------------------------------
116.60................. ...................... 1999 10/29/99, 64 FR 58344.. Only Subd. 12.
116.61................. ...................... 1999 10/29/99, 64 FR 58344.. Only Subd. 1 and 3.
116.62................. ...................... 1999 10/29/99, 64 FR 58344.. Only Subd. 2, 3, 5,
and 10.
116.63................. ...................... 1999 10/29/99, 64 FR 58344.. Only Subd. 4.
----------------------------------------------------------------------------------------------------------------

(d) EPA approved state source-specific requirements.

EPA--Approved Minnesota Source-Specific Permits
----------------------------------------------------------------------------------------------------------------
State
Name of source Permit No. effective date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
Aggregate Industries......... 12300007-002 04/03/09 3/11/10, 75 FR 11461........... Only conditions
cited as
``Title I
condition: SIP
for PM10
NAAQS.''
Associated Milk Producers, 10900010-001 5/5/97 3/9/01, 66 FR 14087............ Title I
Inc. conditions
only.
Commercial Asphalt CO, Plant 12300347-002 9/10/99 7/12/00, 65 FR 42861........... Title I
905. conditions
only.
2/25/94 9/09/94, 59 FR 46553........... Amendment One
to Findings
and Order.
ELT Minneapolis, LLC......... 003000245-001 09/10/08 August 3, 2010, 75 FR 45480.... Only conditions
cited as
``Title I
condition: SIP
for SO2
NAAQS.''
Federal Cartridge Company.... 00300156-003 12/28/07 4/24/09, 74 FR 18634........... Only conditions
cited as
``Title I
condition: SIP
for SO2
NAAQS.''
Flint Hills Resources Pine ............... 08/29/11 05/15/13, 78 FR 28501.......... Amendment Nine
Bend, LLC. to Findings
and Order.
Franklin Heating Station..... 1148-83-OT-1 6/19/98 3/09/01, 66 FR 14087........... Title I
[10900019] conditions
only.
GAF Building Materials....... ............... 5/27/92 4/14/94, 59 FR 17703........... Findings and
Order.
9/18/97 2/08/99, 64 FR 5936............ Amendment Two
to Findings
and Order.
Gerdau Ameristeel US, Inc.... 12300055-004 9/10/08 5/20/09, 74 FR 23632........... Only conditions
cited as
``Title I
condition: SIP
for PM10
NAAQS.''
Gopher Resource, LLC......... 03700016-003 6/29/10 1/13/11, 76 FR 2263............ Only conditions
cited as
``Title I
condition: SIP
for Lead
NAAQS.''
Great Lakes Coal & Dock Co... 8/25/92 02/15/94, 59 FR 7218........... Amended
Findings and
Order.
12/21/94 6/13/95, 60 FR 31088........... Amendment One
to Amended
Findings and
Order.
Harvest States Cooperatives.. 1/26/93 2/15/94, 59 FR 7218............ Findings and
Order.
12/21/94 6/13/95, 60 FR 31088........... Amendment One
to Findings
and Order.

[[Page 212]]

Hoffman Enclosures........... 00300155-001 01/31/08 4/24/09, 74 FR 18634........... Only conditions
cited as
``Title I
condition: SIP
for SO2
NAAQS.''
International Business 10900006-001 06/03/98 03/09/01, 66 FR 14087.......... Title I
Machine Corp., IBM-- conditions
Rochester. only.
Lafarge North America 12300391-002 11/17/07 9/11/07, 72 FR 51713........... Only conditions
Corporation, Childs Road cited as
Terminal. ``Title I
condition: SIP
for PM-10
NAAQS.''
Lafarge Corp., Red Rock 12300353-002 05/07/02 08/19/04, 68 FR 51371.......... Title I
Terminal. conditions
only.
Marathon Petroleum, LLC...... 16300003-016 09/11/09 12/28/10, 75 FR 81471.......... Only conditions
cited as
``Title I
condition: SIP
for SO2
NAAQS.''
Metropolitan Council 12300053-006 02/25/10 12/16/10, 75 FR 78602.......... Only conditions
Environmental Services cited as
Metropolitan Wastewater ``Title I
Treatment Plant. condition: SIP
for PM10
NAAQS.''
Minneapolis Energy Center Inc 05/27/92 04/14/94, 59 FR 17706.......... Findings and
Order for Main
Plant, Baker
Boiler Plant,
and the Soo
Line Boiler
Plant.
12/21/94 06/13/95, 60 FR 31088.......... Amendment One
to Third
Amended
Findings and
Order.
09/23/97 02/08/99, 64 FR 5936........... Amendment Two
to Third
Amended
Findings and
Order.
Northern States Power Co., 05300015-001 05/11/99 02/26/02, 67 FR 8727........... Title I
Riverside Plant. conditions
only.
Olmsted County, Olmsted Waste- 10900005-002 08/23/07 04/21/09, 74 FR 18138.......... Only conditions
to-Energy Facility. cited as
``Title I
condition: SIP
for SO2.''
Rochester Public Utilities, 100900020-003 12/28/07 4/24/09, 74 FR 18638........... Only conditions
Cascade Creek Combustion. cited as
``Title I
condition: SIP
for SO2
NAAQS.''
Rochester Public Utilities, 10900011-004 9/7/07 December 2, 2009, 74 FR 63066.. Only conditions
Silver Lake Plant. cited as
``Title I
Condition: SIP
for SO2'' and
``Title I
Condition: SIP
for PM10.''
St. Mary's Hospital.......... 10900008-003 3/1/10 8/12/10, 75 FR 48864........... Only conditions
cited as
``Title I
condition: SIP
for SO2
NAAQS.''.
St. Paul Terminals........... 02/02/96 07/22/97, 62 FR 39120.......... Findings and
Order.
Xcel Energy--Inver Hills 03700015-003 10/27/06 12/5/07, 72 FR 68508........... Only conditions
Generating Plant. cited as
``Title I
condition: SIP
for SO2
NAAQS.''
Xcel Energy--Northern States Administrative 05/02/12 6/12/2012, 77 FR 34801......... See Final Rule
Power Company, Sherburne Order for details.
County Generating Station.
----------------------------------------------------------------------------------------------------------------

(e) EPA approved nonregulatory provisions.

EPA--Approved Minnesota Nonregulatory Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Applicable geographic State submittal date/ effective
Name of nonregulatory SIP provision or nonattainment area date EPA approved date Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
Air Quality Surveillance Plan....... Statewide............. 05/08/80, 06/02/80.............. 03/04/81, 46 FR 15138...........
CAA 110(a)(2)(D)(i) SIP-Interstate Statewide............. 10/23/07........................ 06/02/08, 73 FR 31366...........
Transport.
Carbon Monoxide 1993 periodic Anoka, Carver, Dakota, 09/28/95........................ 10/23/97, 62 FR 55170...........
Emission Inventory. Hennepin, Ramsey,
Scott, Washington,
and Wright Counties.

[[Page 213]]

Deletion of TSP Designations........ Statewide............. 07/10/02, 67 FR 45637...........
Duluth Carbon Monoxide Redesignation St. Louis County 10/30/92........................ 04/14/94, 59 FR 17708...........
and Maintenance Plan. (part).
Duluth Carbon Monoxide St. Louis County...... 07/3/79 and 07/27/79............ 06/16/80, 45 FR 40579...........
Transportation Control Plan.
10/30/92........................ 04/14/94, 59 FR 17706........... Removal of
transportation
control measure.
Lead Maintenance Plan............... Dakota County......... 06/22/93........................ 10/18/94, 59 FR 52431........... Corrected codification
information on 05/31/
95 at 60 FR 28339.
Lead Monitoring Plan................ Statewide............. 04/26/83, 02/15/84, and 02/21/84 07/05/84, 49 FR 27502........... Entire Lead Plan
except for the New
Source Review
portion.
Oxygenated Fuels Program--Carbon Anoka, Carver, Dakota, 04/29/92........................ 02/21/96, 61 FR6547............. Laws of Minnesota for
Monoxide Contingency Measure. Hennepin, Ramsey, 1992 Chapter 575,
Scott, Washington, section 29(b).
and Wright Counties.
Regional Haze Plan.................. statewide............. 12/30/2009 and 5/8/2012......... 6/12/2012, 77 FR 34801.......... Includes all regional
haze plan elements
except BART emission
limitations for the
taconite facilities.
Rochester Carbon Monoxide Olmstead County....... 07/3/79 and 07/27/79............ 06/16/80, 45 FR 40579...........
Transportation Control Plan.
Rochester PM-10 Redesignation and Olmstead County....... 09/07/94........................ 05/31/95, 60 FR 28339...........
Maintenance Plan.
Rochester Sulfur Dioxide Olmstead County....... 110/4/98........................ 03/09/01, 66 FR 14087...........
Redesignation and Maintenance Plan.
Small Business Stationary Source Statewide............. 04/29/92........................ 03/16/94, 59 FR 12165........... MN Laws Ch 546
Technical and Environmental sections 5 through 9.
Compliance Assistance Plan.
St. Cloud Carbon Monoxide Benton, Sherbourne, 08/31/89........................ 06/28/93, 58 FR 34532...........
Redesignation. and Stearns Counties.
St. Cloud Carbon Monoxide Benton, Sherbourne, 05/17/79........................ 12/13/79, 44 FR 72116...........
Transportation Control Plan. and Stearns Counties.
08/31/89........................ 06/28/93, 58 FR 34529...........
St. Paul PM-10 Redesignation and Ramsey County......... 06/20/02........................ 07/26/02, 67 FR 48787...........
Maintenance Plan.
Twin Cities Carbon Monoxide Anoka, Carver, Dakota, 03/23/98........................ 10/29/99, 64 FR 58347...........
Redesignation and Maintenance Plan. Hennepin, Ramsey,
Scott, Washington,
and Wright Counties.
Twin Cities Carbon Monoxide Anoka, Carver, Dakota, 07/3/79 and 07/27/79............ 06/16/80, 45 FR 40579...........
Transportation Control Plan. Hennepin, Ramsey, 07/21/81........................ 12/08/81, 46 FR 59972...........
Scott, and Washington 05/20/85 and 04/17/86........... 12/31/86, 51 FR 47237...........
Counties.

[[Page 214]]

Twin Cities / Pine Bend Sulfur Anoka, Carver, Dakota, 09/07/94........................ 05/31/95, 60 FR 28339........... Except for St. Paul
Dioxide Redesignation and Hennepin, Ramsey, and ................................ ................................ Park area.
Maintenance Plan. Washington Counties. 10/03/95........................ 05/13/97, 62 FR 26230........... St. Paul Park area.
Alternative Public Participation Statewide............. 12/07/05........................ 07/05/06, 71 FR 32274...........
Process.
Lead Maintenance Plan............... Dakota County......... 11/18/2002 and 11/19/2007....... 8/4/2008, 73 FR 31614........... Maintenance plan
update.
Section 110(a)(2) Infrastructure Statewide............. 11/29/07........................ 7/13/11, 76 FR 41075............ This action addresses
Requirements for the 1997 8-Hour the following CAA
Ozone NAAQS. elements:
110(a)(2)(A), (B),
(C), (D)(ii), (E),
(F), (G), (H), (J),
(K), (L), and (M).
Minnesota continues
to implement the
Federally promulgated
rules for the
prevention of
significant
deterioration as they
pertain to section
110(a)(2)(C) and (J).
Section 110(a)(2) Infrastructure Statewide............. 11/29/07........................ 7/13/11, 76 FR 41075............ This action addresses
Requirements for the 1997 PM2.5 the following CAA
NAAQS. elements:
110(a)(2)(A), (B),
(C), (D)(ii), (E),
(F), (G), (H), (J),
(K), (L), and (M).
Minnesota continues
to implement the
Federally promulgated
rules for the
prevention of
significant
deterioration as they
pertain to section
110(a)(2)(C) and (J).

[[Page 215]]

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

[70 FR 8932, Feb. 24, 2005]

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

Sec. 52.1221 Classification of regions.

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

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

[[Page 216]]

Sec. 52.1222 Original Identification of plan section.

(a) This section identifies the original ``Air Implementation Plan
for the State of Minnesota'' and all revisions submitted by Minnesota
that were federally approved prior to December 1, 2004.
(b) The plan was officially submitted on January 28, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) A revised copy of the State emergency episode criteria was
forwarded on February 7, 1972. (Non-regulatory)
(2) Information concerning intergovernmental cooperation was
submitted by the Minnesota Pollution Control Agency on March 27, 1972.
(3) Certification that the State had adopted amendments to APC-1, 3,
4, 11, and 15, adopted a new air pollution control regulation (APC-16)
and projected manpower resources was submitted by the State on April 28,
1972.
(4) An opinion on the availability of emission data to the public
and evaluation of regulation concerning new construction was submitted
by the State Attorney General's office on June 15, 1972. (Non-
regulatory)
(5) A revised version of the State's regulation APC-3 was submitted
by the Governor on July 25, 1972.
(6) On June 8, 1973, the Governor of Minnesota submitted a
transportation control plan for the Minneapolis-St. Paul Intrastate Air
Quality Control Region.
(7) Information concerning the transportation control plan was
submitted on June 18, 1973, by the Minnesota Pollution Control Agency.
(8) Compliance schedules were submitted on June 28, 1973, by the
Minnesota Pollution Control Agency.
(9) Information concerning the transportation control plan was
submitted on July 30, 1973, by the Metropolitan Transit Commission.
(10) Information concerning the transportation control plan was
submitted on August 1, 1973, by the Minnesota Department of Highways.
(11) Compliance schedules were submitted on August 9, 1973, by the
Minnesota Pollution Control Agency.
(12) On November 15, 1974, the Governor of Minnesota submitted
recommended Air Quality Maintenance Area identifications.
(13) A request for an extension of the statutory timetable for the
submittal of the portion of the Minnesota State Implementation Plan
implementing the National Secondary Ambient Air Quality Standards for
total suspended particulates was submitted by the Executive Director of
the Minnesota Pollution Control Agency on January 8, 1979, and was
supplemented with additional information on March 9, 1979.
(14) A transportation control plan for the St. Cloud Metropolitan
Area was submitted on May 17, 1979, by the Minnesota Pollution Control
Agency.
(15) Transportation control plans for the Metropolitan Areas of
Duluth, Rochester and Minneapolis-St. Paul were submitted on July 3,
1979, and July 23, 1979, by the Minnesota Pollution Control Agency.
(16) On March 5, 1980, the State of Minnesota submitted a revision
to provide for modification of the existing air quality surveillance
network. An amendment to the revision was submitted by the State of
Minnesota on June 2, 1980.
(17) The sulfur dioxide control plan and revised operating permits
for the Rochester and Twin Cities nonattainment areas were submitted by
the State of Minnesota on July 17, 1980, and August 4, 1980. Amendments
to the control plans were submitted on September 4, 1980. EPA's approval
of the control plan includes approval of the emission limitations
contained in the revised operating permits.
(18) Stipulation Agreement between the State Pollution Control
Agency and Erie Mining Company submitted by the State on February 20,
1981.
(19) On July 29, 1981, the Minnesota Pollution Control Agency
submitted an amendment to the transportation control plan for the
Minneapolis-St. Paul Metropolitan Area.
(20) On August 4, 1980, and October 17, 1980, the State submitted
its total suspended particulate Part D control plans for the Twin Cities
Seven County Metropolitan Area and the City of Duluth. As part of the
control strategies the State on January 5, 1981 submitted rule APC-33
and on January 23, 1981 further submitted amended and new

[[Page 217]]

rules. The amended and new rules that control total suspended
particulate (TSP) emissions are: Amended APC-2, APC-4, APC-5, APC-7,
APC-11; and new APC-18, APC-21, APC-22, APC-23, APC-24, APC-25, APC-26,
APC-28, APC-29, and APC-32. Regulations APC-4, APC-24, and APC-32 are
only approved as they apply to TSP emissions.
(21) On January 23, 1981, the State submitted new rules and
amendments to some of their previously approved rules. On November 17,
1981, the State submitted amendments to APC-33. On May 6, 1982 (47 FR
19520), EPA approved some of the rules insofar as they applied to the
total suspended particulate strategy for the Twin Cities Seven County
Metropolitan Area and the City of Duluth. The remainder of the rules
are:
(i) Those portions of APC-4, APC-24, and APC-32 which control
emissions of sulfur dioxide, nitrogen dioxide, and carbon monoxide; (ii)
the amendments to APC-33; and (iii) APC-8, APC-12, APC-13, APC-15, APC-
16, APC-19 and APC-39.
(22) On April 28, 1983, Minnesota submitted its Lead SIP. Additional
information was submitted on February 15, 1984, and February 21, 1984.
(23) On May 20, 1985, and on April 17, 1986, the State submitted a
carbon monoxide plan for the intersection of Snelling and University
Avenues in the City of St. Paul. The plan committed to improved signal
progression through the intersection by December 31, 1987, and a parking
ban on University Avenue within 1 block in either direction of the
intersection with Snelling Avenue by December 31, 1989.
(i) Incorporation by reference.
(A) Amendment to Air Quality Control Plan for Transportation for the
Metropolitan Council of the Twin Cities Area dated January 28, 1985.
(B) Letter from Minnesota Pollution Control Agency, dated April 17,
1986, and letter from the City of St. Paul, dated April 1, 1986,
committing to implementing of transportation control measures.
(24) On January 7, 1985, the State of Minnesota submitted a
consolidated permit rule (CPR) to satisfy the requirements of 40 CFR
51.160 through 51.164 for a general new source review (NSR) program,
including lead. On October 25, 1985, the State submitted a Memorandum of
Agreement (MOA) which remedied certain deficiencies (40 CFR 52.1225(d)).
On October 1, 1986, and January 14, 1987, the State committed to
implement its NSR program using USEPA's July 8, 1985 (50 FR 27892),
regulations for implementing the stack height requirements of Section
123 of the Clean Air Act (40 CFR 52.1225(e)). USEPA is approving the
above for general NSR purposes for all sources, except it is
disapproving them for those few sources subject to an NSPS requirement
(40 CFR Part 60) and exempted from review under 6 MCAR section 4.4303
B.3. For these sources, NSR Rule APC 3 (40 CFR 52.1220(c)(5)), will
continue to apply. Additionally, USEPA is taking no action on the CPR in
relationship to the requirements of Section 111, Part C, and Part D of
the Clean Air Act.
(i) Incorporation by reference.
(A) Within Title 6 Environment, Minnesota Code of Administrative
Rules, Part 4 Pollution Control Agency (6 MCAR 4), Rule 6 MCAR 4 section
4.0002, Parts A, B, C, and E--Definitions, Abbreviations, Applicability
of Standards, and Circumvention (formerly APC 2) Proposed and Published
in Volume 8 of the State of Minnesota STATE REGISTER (8 S.R.) on October
17, 1983, at 8 S.R. 682 and adopted as modified on April 16, 1984, at 8
S.R. 2275.
(B) Rules 6 MCAR section 4.4001 through section 4.4021--Permits
(formerly APC 3)--Proposed and Published on December 19, 1983, at 8 S.R.
1419 (text of rule starting at 8 S.R. 1420) and adopted as modified on
April 16, 1984, at 8 S.R. 2278.
(C) Rules 6 MCAR section 4.4301 through section 4.4305--Air Emission
Facility Permits--Proposed and Published on December 19, 1983, at 8 S.R.
1419 (text of rule starting at 8 S.R. 1470) and adopted as proposed on
April 16, 1984, at 8 S.R. 2276.
(D) Rules 6 MCAR section 4.4311 through section 4.4321--Indirect
Source Permits (formerly APC 19)--Proposed and Published on December 19,
1983, at 8 S.R. 1419 (text of rule starting at 8 S.R. 1472) and adopted
as modified on April 16, 1984, at 8 S.R. 2277.

[[Page 218]]

(25) On July 9, 1986, the State of Minnesota submitted Rules
7005.2520 through 7005.2523, submitted to replace the rule APC-29 in the
existing SIP (see paragraph (20)). This submittal also included State
permits for three sources, but these permits were withdrawn from USEPA
consideration on February 24, 1992. This submittal provides for
regulation of particulate matter from grain handling facilities, and was
submitted to satisfy a condition on the approval of Minnesota's Part D
plan for particulate matter.
(i) Incorporation by reference.
(A) Minnesota Rule 7005.2520, Definitions; Rule 7005.2521, Standards
of Performance for Dry Bulk Agricultural Commodity Facilities; Rule
7005.2522, Nuisance; and Rule 7005.2523, Control Requirements Schedule,
promulgated by Minnesota on January 16, 1984, and effective at the State
level on January 23, 1984.
(ii) Additional Material.
(A) Appendix E to Minnesota's July 9, 1986, submittal, which is a
statement signed on April 18, 1986, by Thomas J. Kalitowski, Executive
Director, Minnesota Pollution Control Agency, interpreting Rules
7005.2520 through 7005.2523 in the context of actual barge loading
practices in Minnesota.
(26) On March 13, 1989, the State of Minnesota requested that EPA
revise the referencing of regulations in the SIP to conform to the
State's recodification of its regulations. On November 26, 1991, and
September 18, 1992, the State submitted an official version of the
recodified regulations to be incorporated into the SIP. The recodified
regulations are in Chapter 7001 and Chapter 7005 of Minnesota's
regulations. Not approved as part of the SIP are recodified versions of
regulations which EPA previously did not approve. Therefore, the SIP
does not include Rules 7005.1550 through 7005.1610 (National Emission
Standards for Hazardous Air Pollutants (NESHAP) for asbestos), Rules
7005.2300 through 7005.2330 (limits for iron and steel plants), Rules
7005.2550 through 7005.2590 (NESHAP for beryllium), Rules 7005.2650
through 7005.2690 (NESHAP for mercury), Rule 7005.0116 (Opacity Standard
Adjustment) and Rule 7005.2910 (Performance Test Methods for coal
handling facilities). Similarly, the SIP continues to exclude the
exemption now in Rule 7001.1210 as applied to small sources subject to
new source performance standards, and the SIP is approved only for
``existing sources'' in the case of Rules 7005.1250 through 7005.1280
(Standards of Performance for Liquid Petroleum Storage Vessels), Rules
7005.1350 through 7005.1410 (Standards of Performance for Sulfuric Acid
Plants), Rules 7005.1450 through 7005.1500 (Standards of Performance for
Nitric Acid Plants), and Rules 7005.2100 through 7005.2160 (Standards of
Performance for Petroleum Refineries). The SIP also does not include
changes in the State's Rule 7005.0100 (relating to offsets) that were
withdrawn by the State on February 24, 1992, and does not include the
new rules 7005.0030 and 7005.0040.
(i) Incorporation by reference.
(A) Minnesota regulations in Chapter 7005 as submitted November 26,
1991, and in Chapter 7001 as submitted September 18, 1992, except for
those regulations that EPA has not approved as identified above.
(27) On August 16, 1982, the MPCA submitted an amendment to the St.
Cloud Area Air Quality Control Plan for Transportation as a State
Implementation Plan revision. This revision to the SIP was adopted by
the Board of the Minnesota Pollution Control Agency on July 27, 1982. On
August 31, 1989, the Minnesota Pollution Control Agency submitted a
revision to the Minnesota State Implementation Plan (SIP) for carbon
monoxide deleting the Lake George Interchange roadway improvement
project (10th Avenue at First Street South) from its St. Cloud
transportation control measures. This revision to the SIP was approved
by the Board on June 27, 1989.
(i) Incorporation by reference.
(A) Letter dated August 16, 1982, from Louis J. Breimburst,
Executive Director, Minnesota Pollution Control Agency to Valdas V.
Adamkus, Regional Administrator, United States Environmental Protection
Agency--Region 5 and its enclosed amendment to the Air Quality Plan for
Transportation for the St. Cloud Metropolitan Area entitled, ``Staff
Resolution,'' measures 1, 4 and 5

[[Page 219]]

adopted by the Minnesota Pollution Control Agency on July 27, 1982.
(B) Letter dated August 31, 1989, from Gerald L. Willet,
Commissioner, Minnesota Pollution Control Agency to Valdas V. Adamkus,
Regional Administrator, United States Environmental Protection Agency--
Region 5.
(28) On November 9, 1992, the State of Minnesota submitted the Small
Business Stationary Source Technical and Environmental Compliance
Assistance plan. This submittal satisfies the requirements of section
507 of the Clean Air Act, as amended.
(i) Incorporation by reference.
(A) Minnesota Laws Chapter 546, sections 5 through 9 enacted by the
Legislature, and signed into Law on April 29, 1992.
(29) On November 26, 1991, August 31, 1992, November 13, 1992,
February 3, 1993, April 30, 1993, and October 15, 1993, the State of
Minnesota submitted revisions to its State Implementation Plans (SIPs)
for particulate matter for the Saint Paul and Rochester areas.
(i) Incorporation by reference.
(A) An administrative order for Ashbach Construction Company, dated
August 25, 1992, submitted August 31, 1992, for the facility at
University Avenue and Omstead Street.
(B) An administrative order for Commercial Asphalt, Inc., dated
August 25, 1992, submitted August 31, 1992, for the facility at Red Rock
Road.
(C) An administrative order for Great Lakes Coal & Dock Company
dated August 25, 1992, submitted August 31, 1992, for the facility at
1031 Childs Road.
(D) An administrative order for Harvest States Cooperatives dated
January 26, 1993, submitted February 3, 1993, for the facility at 935
Childs Road.
(E) An administrative order for LaFarge Corporation dated November
30, 1992, submitted in a letter dated November 13, 1992, for the
facility at 2145 Childs Road.
(F) An administrative order for the Metropolitan Waste Control
Commission and the Metropolitan Council dated November 30, 1992,
submitted in a letter dated November 13, 1992, for the facility at 2400
Childs Road.
(G) An administrative order for North Star Steel Company dated April
22, 1993, submitted April 30, 1993, for the facility at 1678 Red Rock
Road.
(H) An administrative order for PM Ag Products, Inc., dated August
25, 1992, submitted August 31, 1992, for the facility at 2225 Childs
Road.
(I) An administrative order for Rochester Public Utilities dated
November 30, 1992, submitted in a letter dated November 13, 1992, for
the facility at 425 Silver Lake Drive.
(J) An amendment to the administrative order for Rochester Public
Utilities, dated October 14, 1993, submitted October 15, 1993, for the
facility at 425 Silver Lake Drive.
(K) An administrative order for J.L. Shiely Company dated August 25,
1992, submitted August 31, 1992, for the facility at 1177 Childs Road.
(ii) Additional materials.
(A) A letter from Charles Williams to Valdas Adamkus dated November
26, 1991, with attachments.
(B) A letter from Charles Williams to Valdas Adamkus dated August
31, 1992, with attachments.
(C) A letter from Charles Williams to Valdas Adamkus dated November
13, 1992, with attachments.
(D) A letter from Charles Williams to Valdas Adamkus dated February
3, 1993, with attachments.
(E) A letter from Charles Williams to Valdas Adamkus dated April 30,
1993, with attachments.
(F) A letter from Charles Williams to Valdas Adamkus dated October
15, 1993, with attachments.
(30) On June 4, 1992, March 30, 1993, and July 15, 1993, the State
of Minnesota submitted revisions to its State Implementation Plans
(SIPs) for sulfur dioxide for Air Quality Control Region (AQCR) 131
(excluding the Dakota County Pine Bend area and an area around Ashland
Refinery in St. Paul Park).
(i) Incorporation by reference.
(A) An administrative order, received on June 4, 1992, for FMC
Corporation and U.S. Navy, located in Fridley, Anoka County, Minnesota.
The administrative order became effective on May 27, 1992. Amendment
One, which was received on March 30, 1993, became effective on March 5,
1993. Amendment Two, which was received on July 15, 1993, became
effective on June 30, 1993.

[[Page 220]]

(B) An administrative order, received on June 4, 1992, for Federal
Hoffman, Incorporated, located in Anoka, Anoka County, Minnesota. The
administrative order became effective on May 27, 1992. Amendment one,
received on July 15, 1993, became effective on June 30, 1993.
(C) An administrative order, received on June 4, 1992, for GAF
Building Materials Corporation (Asphalt Roofing Products Manufacturing
Facility) located at 50 Lowry Avenue, Minneapolis, Hennepin County,
Minnesota. The administrative order became effective on May 27, 1992.
Amendment One, received on July 15, 1993, became effective on June 30,
1993.
(D) An administrative order, received on June 4, 1992, for Northern
States Power Company-Riverside Generating Plant, located in Minneapolis,
Hennepin County, Minnesota. The administrative order became effective on
May 27, 1992. Amendment One, received on July 15, 1993, became effective
on June 30, 1993.
(E) An administrative order for Minneapolis Energy Center, received
on July 15, 1993, Inc.'s Main Plant, Baker Boiler Plant, and the Soo
Line Boiler Plant all located in Minneapolis, Hennepin County,
Minnesota. The administrative order became effective on June 30, 1993.
(ii) Additional material.
(A) A letter from Charles Williams to Valdas Adamkus dated May 29,
1992, with enclosures providing technical support (e.g., computer
modeling) for the revisions to the administrative orders for five
facilities.
(B) A letter from Charles Williams to Valdas Adamkus dated March 26,
1993, with enclosures providing technical support for an amendment to
the administrative order for FMC Corporation and U.S. Navy.
(C) A letter from Charles Williams to Valdas Adamkus dated July 12,
1993, with enclosures providing technical support for amendments to
administrative orders for four facilities and a reissuance of the
administrative order to Minneapolis Energy Center, Inc.
(31) In a letter dated October 30, 1992, the MPCA submitted a
revision to the Carbon Monoxide State Implementation Plan for Duluth,
Minnesota. This revision contains a maintenance plan that the area will
use to maintain the CO NAAQS. The maintenance plan contains park and
ride lots and an oxygenated fuels program as the contingency measure.
(i) Incorporation by reference.
(A) Letter dated October 30, 1992, from Charles Williams,
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus,
Regional Administrator, U.S. Environmental Protection Agency, Region 5
and its enclosures entitled Appendix E.
(ii) Additional information.
(A) Letter dated November 10, 1992, from Charles Williams,
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus,
Regional Administrator, U.S. Environmental Protection Agency, Region 5.
(B) Letter dated December 22, 1993, from Charles Williams,
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus,
Regional Administrator, U.S. Environmental Protection Agency, Region 5.
(32) In a letter dated October 30, 1992, the MPCA submitted a
revision to the Carbon Monoxide State Implementation Plan for Duluth,
Minnesota. This revision removes a transportation control measure (TCM)
from the State Implementation Plan. The TCM is an increased turning
radius at 14th Avenue and 3rd Street East.
(i) Incorporation by reference.
(A) Letter dated October 30, 1992, from Charles Williams,
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus,
Regional Administrator, U.S. Environmental Protection Agency, Region 5
and its enclosure entitled Appendix D.
(ii) Additional information.
(A) Letter dated November 10, 1992, from Charles Williams,
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus,
Regional Administrator, U.S. Environmental Protection Agency, Region 5.
(33) On August 5, 1992, and August 26, 1993, the State of Minnesota
submitted its ``Offset Rules'' as revisions to its State Implementation
Plan (SIP) for new source review in nonattainment areas.
(i) Incorporation by reference.

[[Page 221]]

(A) Rules 7005.3020, 7005.3030, and 7005.3040, with amendments
effective August 24, 1992.
(B) Amendments to Rule 7005.3040, effective June 28, 1993.
(ii) Additional materials.
(A) A letter from Charles Williams to Valdas Adamkus dated August 5,
1992, with attachments.
(B) A letter from Charles Williams to Valdas Adamkus dated August
26, 1993, with attachments.
(34) On November 9, 1992, the State of Minnesota submitted the
Oxygenated Gasoline Program. This submittal satisfies the requirements
of section 211(m) of the Clean Air Act, as amended.
(i) Incorporation by reference.
(A) Minnesota Laws Chapter 2509, sections 1 through 31, except for
sections 29 (b) and (c), enacted by the Legislature and signed into Law
on April 29, 1992.
(ii) Additional material.
(A) Letter dated August 12, 1994, from the Minnesota Pollution
Control Agency (MPCA), to the United States Environmental Protection
Agency that withdraws the MPCA Board resolution dated October 27, 1992,
and any reference to it, from the oxygenated gasoline State
Implementation Plan revision request of 1992.
(35) On July 29, 1992, February 11, 1993, and February 25, 1994, the
State of Minnesota submitted revisions to its State Implementation Plans
(SIPs) for sulfur dioxide for Dakota County Pine Bend area of Air
Quality Control Region (AQCR) 131.
(i) Incorporation by reference.
(A) For Continental Nitrogen and Resources Corporation, located in
Rosemount, Dakota County, Minnesota:
(1) An administrative order, dated and effective July 28, 1992,
submitted July 29, 1992.
(2) Amendment One to the administrative order, dated and effective
February 25, 1994, submitted February 25, 1994.
(B) For Northern States Power Company, Inver Hills Generating
Facility, located in Dakota County, Minnesota:
(1) An administrative order, dated and effective July 28, 1992,
submitted July 29, 1992.
(2) Amendment one to the administrative order, dated and effective
February 25, 1994, submitted February 25, 1994.
(C) For Koch Refining Company and Koch Sulfuric Acid Unit, located
in the Pine Bend area of Rosemount, Dakota County, Minnesota:
(1) An administrative order, identified as Amendment One to Findings
and Order by Stipulation, dated and effective March 24, 1992, submitted
July 29, 1992.
(2) Amendment two to the administrative order, dated and effective
January 22, 1993, submitted February 11, 1993.
(3) Amendment three to the administrative order, dated and effective
February 25, 1994, submitted February 25, 1994.
(ii) Additional material.
(A) A letter from Charles Williams to Valdas Adamkus dated July 29,
1992, with enclosures providing technical support (e.g., computer
modeling) for the revisions to the administrative orders for three
facilities.
(B) A letter from Charles Williams to Valdas Adamkus dated February
11, 1993, submitting Amendment Two to the administrative order for Koch
Refining Company.
(C) A letter from Charles Williams to Valdas Adamkus dated February
25, 1994, with enclosures providing technical support for amendments to
administrative orders for three facilities.
(36) On June 22, 1993, and September 13, 1994, the State of
Minnesota submitted revisions to its State Implementation Plan for lead
for a portion of Dakota County.
(i) Incorporation by reference.
(A) For Gopher Smelting and Refining Company, located in the city of
Eagan, Dakota County, Minnesota:
(1) An administrative order, dated, submitted, and effective June
22, 1993.
(2) Amendment One to the administrative order, dated, submitted, and
effective, September 13, 1994.
(ii) Additional material.
(A) A letter from Charles W. Williams to Valdas V. Adamkus, dated
June 22, 1993, with enclosures providing technical support (e.g.,
computer modeling) for the revisions to the State Implementation Plan
for lead.

[[Page 222]]

(B) A letter from Charles W. Williams to Valdas V. Adamkus, dated
September 13, 1994, with enclosures providing technical support for the
revised administrative order for Gopher Smelting and Refining Company.
(37) On March 9, 1994, the State of Minnesota submitted a revision
to its particulate matter plan for the Saint Paul area, providing
substitute limits for an aggregate heater at the J.L. Shiely facility.
(i) Incorporation by reference.
(A) An amendment dated January 12, 1994, amending the administrative
order of August 25, 1992, for the J.L. Shiely facility at 1177 Childs
Road, Saint Paul.

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

(37) On November 23, 1993, the State of Minnesota submitted updated
air permitting rules.
(i) Incorporation by reference.
(A) Rules 7007.0050 through 7007.1850, effective August 10, 1993.
(B) Rules 7001.0020, 7001.0050, 7001.0140, 7001.0180, 7001.0550,
7001.3050, 7002.0005, 7002.0015, and 7005.0100, effective August 10,
1993.
(38)-(39) [Reserved]
(40) On November 23, 1993, the State of Minnesota requested
recodification of the regulations in its State Implementation Plan,
requested removal of various regulations, and submitted recodified
regulations containing minor revisions.
(i) Incorporation by reference.
(A) Minnesota regulations in Chapters 7005, 7007, 7009, 7011, 7017,
7019, and 7023, effective October 18, 1993.
(B) Submitted portions of Minnesota Statutes Sections 17.135, 88.01,
88.02, 88.03, 88.16, 88.17, and 88.171, effective 1993.
(41) On December 22, 1994, Minnesota submitted miscellaneous
amendments to 11 previously approved administrative orders. In addition,
the previously approved administrative order for PM Ag Products (dated
August 25, 1992) is revoked.
(i) Incorporation by reference.
(A) Amendments, all effective December 21, 1994, to administrative
orders approved in paragraph (c)(29) of this section for: Ashbach
Construction Company; Commercial Asphalt, Inc.; Great Lakes Coal & Dock
Company; Harvest States Cooperatives; LaFarge Corporation; Metropolitan
Council; North Star Steel Company; Rochester Public Utilities; and J.L.
Shiely Company.
(B) Amendments, effective December 21, 1994, to the administrative
order approved in paragraph (c)(30) of this section for United Defense,
LP (formerly FMC/U.S. Navy).
(C) Amendments, effective December 21, 1994, to the administrative
order approved in paragraph (c)(35) of this section for Northern States
Power-Inver Hills Station.
(42) On September 7, 1994, the State of Minnesota submitted a
revision to its State Implementation Plan (SIP) for particulate matter
for the Rochester area of Olmsted County, Minnesota.
(i) Incorporation by reference.
(A) Amendment Two to the administrative order for the Silver Lake
Plant of Rochester Public Utilities, located in Rochester, Minnesota,
dated and effective August 31, 1994, submitted September 7, 1994.
(43) On November 12, 1993, the State of Minnesota submitted a
contingency plan to control the emissions of carbon monoxide from mobile
sources by use of oxygenated gasoline on a year-round basis. The
submittal of this program satisfies the provisions under section
172(c)(9) and 172(b) of the Clean Air Act as amended.
(i) Incorporation by reference.
(A) Laws of Minnesota for 1992, Chapter 575, section 29(b), enacted
by the legislature and signed into law on April 29, 1992.
(44) This revision provides for data which have been collected under
the enhanced monitoring and operating permit programs to be used for
compliance certifications and enforcement actions.
(i) Incorporation by reference.
(A) Minnesota Rules, sections 7007.0800 Subpart 6.C(5), 7017.0100
Subparts 1 and 2, both effective February 28, 1995.

[[Page 223]]

(45) On December 15, 1995, the Minnesota Pollution Control Agency
submitted a revision to the State Implementation Plan for the general
conformity rules. The general conformity SIP revisions enable the State
of Minnesota to implement and enforce the Federal general conformity
requirements in the nonattainment or maintenance areas at the State or
local level in accordance with 40 CFR part 93, subpart B--Determining
Conformity of General Federal Actions to State or Federal Implementation
Plans.
(i) Incorporation by reference.
(A) Minnesota rules Part 7009.9000, as created and published in the
(Minnesota) Register, November 13, 1995, number 477, effective November
20, 1995.
(46) On April 24, 1997, the State of Minnesota submitted
Administrative Order amendments for sulfur dioxide for two Northern
States Power facilities: Inver Hills and Riverside.
(i) Incorporation by reference.
(A) Amendment Two, dated and effective November 26, 1996, to
administrative order approved in paragraph (c)(30) of this section for
Northern States Power-Riverside Station.
(B) Amendment Three, dated and effective November 26, 1996, to
administrative order and amendments approved in paragraphs (c)(35) and
(c)(41), respectively, of this section for Northern States Power-Inver
Hills Station.
(47) On October 17, 1997, the State of Minnesota submitted
amendments to three previously approved Administrative Orders for North
Star Steel Company, LaFarge Corporation, and GAF Building Materials, all
located in the Minneapolis-St. Paul area.
(i) Incorporation by reference.
(A) Amendments, both dated and effective September 23, 1997, to
administrative orders and amendments approved in paragraphs (c)(29) and
(c)(41) of this section, respectively, of this section for: LaFarge
Corporation (Childs Road facility) and North Star Steel Company.
(B) Amendment Two, dated and effective September 18, 1997, to
administrative order and amendment approved in paragraph (c)(30) of this
section for GAF Building Materials.
(48) On January 12, 1995, Minnesota submitted revisions to its air
permitting rules. The submitted revisions provide generally applicable
limitations on potential to emit for certain categories of sources.
(i) Incorporation by reference. Submitted portions of Minnesota
regulations in Chapter 7007, and 7011.0060 through 7011.0080 effective
December 27, 1994.
(49) [Reserved]
(50) On July 22, 1998 the State of Minnesota submitted a
supplemental SIP revision for the control of particulate matter
emissions from certain sources located along Red Rock Road, within the
boundaries of Ramsey County. This supplemental SIP revision is in
response to EPA's July 22, 1997 conditional approval (62 FR 39120), of a
February 9, 1996 SIP revision for Red Rock Road. In addition, the
previously approved administrative order for Lafarge Corporation (dated
February 2, 1996) is revoked.
(i) Incorporation by reference.
(A) Air Emission Permit No. 12300353-001, issued by the MPCA to
Lafarge Corporation--Red Rock Terminal on April 14, 1998, Title I
conditions only.
(B) Revocation of Findings and Order, dated and effective July 21,
1998, to Findings and Order issued to Lafarge Corporation on February 2,
1996.
(ii) Additional material.
(A) Letter submitting vendor certifications of performance for the
pollution control equipment at Lafarge Corporation's facility on Red
Rock Road in St. Paul, Minnesota, dated May 4, 1998, from Arthur C.
Granfield, Regional Environmental Manager for Lafarge Corporation, to
Michael J. Sandusky, MPCA Air Quality Division Manager.
(B) Letter submitting operating ranges for the pollution control
equipment at Lafarge Corporation's facility on Red Rock Road in St.
Paul, Minnesota, dated July 13, 1998, from Arthur C. Granfield, Regional
Environmental Manager for Lafarge Corporation, to Michael J. Sandusky,
MPCA Air Quality Division Manager.
(51) On November 14, 1995, July 8, 1996, September 24, 1996, June
30, 1999, and September 1, 1999, the State of

[[Page 224]]

Minnesota submitted revisions to its State Implementation Plan for
carbon monoxide regarding the implementation of the motor vehicle
inspection and maintenance program in the Minneapolis/St. Paul carbon
monoxide nonattainment area. This plan approves Minnesota Statutes
Sections 116.60 to 116.65 and Minnesota Rules 7023.1010-7023.1105. This
plan also removes Minnesota Rules Part 7023.1010, Subp. 35(B), Part
7023.1030, Subp. 11(B,C), and Part 7023.1055, Subp. 1 (E)(2) from the
SIP.
(i) Incorporation by reference.
(A) Minnesota Statutes Sections 116.60 to 116.65;
(B) Minnesota Rules 7023.1010-7023.1105 (except Part 7023.1010,
Subp. 35(B), Part 7023.1030, Subp. 11(B,C), and Part 7023.1055, Subp. 1
(E)(2)).
(52) [Reserved]
(53) On September 29, 1998, the State of Minnesota submitted a site-
specific revision to the particulate matter (PM) SIP for LTV Steel
Mining Company (LTV), formerly known as Erie Mining Company, located in
St. Louis County, Minnesota. This SIP revision was submitted in response
to a request from LTV that EPA remove the Stipulation Agreement for Erie
Mining Company from the State SIP, as was approved by EPA in paragraph
(c)(18) of this section. Accordingly the Stipulation Agreement for Erie
Mining Company referenced in paragraph (c)(18) of this section is
removed from the SIP without replacement.
(54) On December 7, 1999, the State of Minnesota submitted to remove
an Administrative Order and replace it with a federally enforceable
State operating permit for Commercial Asphalt's facility located on Red
Rock Road in the city of St. Paul. EPA approved a federally enforceable
State operating permit (FESOP)(60 FR 21447) for the State of Minnesota
on May 2, 1995.
(i) Incorporation by reference
(A) Air Emission Permit No. 12300347-002, issued by the MPCA to
Commercial Asphalt CO-Plant 905, on September 10, 1999. Title I
conditions only.
(55) On February 6, 2000, the State of Minnesota submitted a site-
specific revision to the Minnesota Sulfur Dioxide (SO2) SIP
for Marathon Ashland Petroleum, LLC (Marathon Ashland), located in the
cities of St. Paul Park and Newport, Washington County, Minnesota.
Specifically, EPA is only approving into the SIP only those portions of
the Marathon Ashland Title V Operating permit cited as ``Title I
condition: SIP for SO2 NAAQS 40 CFR pt.50 and Minnesota State
Implementation Plan (SIP).'' In this same action, EPA is removing from
the state SO2 SIP the Marathon Ashland Administrative Order
previously approved in paragraph (c)(38) and revised in paragraph
(c)(49) of this section.
(i) Incorporation by reference
(A) AIR EMISSION PERMIT NO. 16300003-003, issued by the Minnesota
Pollution Control Agency to Marathon Ashland Petroleum, LLC on October
26, 1999, Title I conditions only.
(56) On November 4, 1998, the State of Minnesota submitted a SIP
revision for Olmsted County, Minnesota, for the control of emissions of
sulfur dioxide (SO2) in the city of Rochester. The state also
submitted on that date a request to redesignate the Rochester
nonattainment area to attainment of the SO2 National Ambient
Air Quality Standards. The state's maintenance plan is complete and the
submittals meet the SO2 nonattainment area SIP and
redesignation requirements of the Clean Air Act.
(i) Incorporation by reference
(A) Air Emission Permit No. 10900011-001, issued by the Minnesota
Pollution Control Agency (MPCA) to City of Rochester--Rochester Public
Utilities--Silver Lake Plant on July 22, 1997, Title I conditions only.
(B) Air Emission Permit No. 00000610-001, issued by the MPCA to City
of Rochester--Rochester Public Utilities--Cascade Creek Combustion on
January 10, 1997, Title I conditions only.
(C) Air Emission Permit No. 10900010-001, issued by the MPCA to
Associated Milk Producers, Inc. on May 5, 1997, Title I conditions only.
(D) Air Emission Permit No. 10900008-007 (989-91-OT-2, AMENDMENT No.
4), issued by the MPCA to St. Mary's Hospital on February 28, 1997,
Title I conditions only.
(E) Air Emission Permit No. 10900005-001, issued by the MPCA to
Olmsted

[[Page 225]]

County--Olmsted Waste-to-Energy Facility on June 5, 1997, Title I
conditions only.
(F) Amendment No. 2 to Air Emission Permit No. 1148-83-OT-1
[10900019], issued by the MPCA to Franklin Heating Station on June 19,
1998, Title I conditions only.
(G) Air Emission Permit No. 10900006-001, issued by the MPCA to
International Business Machine Corporation--IBM--Rochester on June 3,
1998, Title I conditions only.
(57) [Reserved]
(58) On December 16, 1998, the State submitted an update to the
Minnesota performance test rule, which sets out the procedures for
facilities that are required to conduct performance tests to demonstrate
compliance with their emission limits and/or operating requirements. In
addition, EPA is removing from the state SIP Minnesota Rule 7017.2000
previously approved as APC 21 in paragraph (c)(20) and amended in
paragraph (c)(40) of this section.
(i) Incorporation by reference.
(A) Amendments to Minnesota Rules 7011.0010, 7011.0105, 7011.0510,
7011.0515, 7011.0610, 7011.0710, 7011.0805, 7011.1305, 7011.1405,
7011.1410, 7017.2001, 7017.2005, 7017.2015, 7017.2018, 7017.2020,
7017.2025, 7017.2030, 7017.2035, 7017.2045, 7017.2050 and 2060,
published in the Minnesota State Register April 20, 1998, and adopted by
the state on July 13, 1998.
(59) On September 1, 1999, the State of Minnesota submitted a site-
specific revision to the Minnesota Sulfur Dioxide (SO2) SIP
for the Northern States Power Company (NSP) Riverside Plant, located in
Minneapolis, Hennepin County, Minnesota. Specifically, EPA is approving
into the SO2 SIP only those portions of the NSP Riverside
Plant Title V Operating Permit cited as ``Title I condition: State
Implementation Plan for SO2.'' In this same action, EPA is
removing from the state SO2 SIP the NSP Riverside Plant
Administrative Order previously approved and amended in paragraphs
(c)(30) and (c)(46) of this section respectively.
(i) Incorporation by reference.
(A) Air Emission Permit No. 05300015-001, issued by the Minnesota
Pollution Control Agency (MPCA) to Northern States Power Company--
Riverside Plant on May 11, 1999, Title I conditions only.
(60) [Reserved]
(61) On June 1, 2001, the State of Minnesota submitted a site-
specific revision to the Minnesota particulate matter (PM) State
Implementation Plan (SIP) for Metropolitan Council Environmental
Service's (MCES) Metropolitan Wastewater Treatment Plant located on
Childs Road in St. Paul, Ramsey County, Minnesota. Specifically, EPA is
only approving into the SIP those portions of the MCES federally
enforceable state operating permit cited as ``Title I Condition: State
Implementation Plan for PM10.'' In this same action, EPA is removing
from the state PM SIP the MCES Administrative Order previously approved
in paragraph (c)(29) of this section.
(i) Incorporation by reference.
(A) Air Emission Permit No. 12300053-001, issued by the Minnesota
Pollution Control Agency to MCES's Metropolitan Wastewater Treatment
Plant at 2400 Childs Road on March 13, 2001, Title I conditions only.
(62) On March 13, 2003, the State of Minnesota submitted a site-
specific State Implementation Plan (SIP) revision for the control of
emissions of sulfur dioxide (SO2) for Flint Hills Resources,
L.P., located in the Pine Bend Area of Rosemount, Dakota County,
Minnesota. Specifically, EPA is approving into the SO2 SIP
Amendment No. 6 to the Administrative Order previously approved in
paragraph (c)(35) and revised in paragraphs (c)(57) and (c)(60) of this
section.
(i) Incorporation by reference.
(A) An administrative order identified as Amendment Six to Findings
and Order by Stipulation, for Flint Hills Resources, L.P., dated and
effective March 11, 2003, submitted March 13, 2003.
(63) On August 9, 2002, the State of Minnesota submitted a revision
to the Minnesota sulfur dioxide (SO2) State Implementation
Plan (SIP) for Xcel Energy's Inver Hills Generating Plant (Xcel) located
in the city of Inver Grove Heights, Dakota County, Minnesota.
Specifically, EPA is only approving into the SO2 SIP those
portions of the Xcel Title V operating permit cited as ``Title I
Condition: State

[[Page 226]]

Implementation Plan for SO2'' and is removing from the state
SO2 SIP the Xcel Administrative Order previously approved in
paragraph (c)(46) and modified in paragraphs (c)(35) and (c)(41) of this
section. In this same action, EPA is removing from the state particulate
matter SIP the Administrative Order for Ashbach Construction Company
previously approved in paragraph (c)(29) and modified in paragraph
(c)(41) of this section.
(i) Incorporation by reference.
(A) AIR EMISSION PERMIT NO. 03700015-001, issued by the Minnesota
Pollution Control Agency to Northern States Power Company Inver Hills
Generating Plant on July 25, 2000, Title I conditions only.
(64) On July 18, 2002, the State of Minnesota submitted a site-
specific revision to the Minnesota particulate matter (PM) SIP for the
Lafarge Corporation (Lafarge) Red Rock Road facility, located in Saint
Paul, Ramsey County, Minnesota. Specifically, EPA is approving into the
PM SIP only those portions of the Lafarge Red Rock Road facility state
operating permit cited as ``Title I condition: SIP for PM10 NAAQS.''
(i) Incorporation by reference. AIR EMISSION PERMIT NO. 12300353-
002, issued by the Minnesota Pollution Control Agency (MPCA) to Lafarge
Corporation--Red Rock Terminal on May 7, 2002, Title I conditions only.
(65) The Minnesota Pollution Control Agency submitted a revision to
Minnesota's State Implementation Plan for sulfur dioxide on December 19,
2002. This revision consists of a Title V permit for the United Defense,
LP facility located in Anoka County at 4800 East River Road, Fridley,
Minnesota. The Permit contains non-expiring Title I SIP conditions.
(i) Incorporation by reference.
(A) Title I conditions contained in the November 25, 2002, Title V
permit (permit number 00300020-001) issued to the United Defense, LP
facility located in Anoka County at 4800 East River Road, Fridley,
Minnesota.

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

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

Sec. 52.1223 Approval status.

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

[45 FR 40581, June 16, 1980]

Sec. 52.1224 General requirements.

(a) The requirements of Sec. 51.116(c) of this chapter are not met
since the plan does not provide for public availability of emission
data.
(b) Regulation for public availability of emission data. (1) Any
person who cannot obtain emission data from the Agency responsible for
making emission data available to the public, as specified in the
applicable plan, concerning emissions from any source subject to
emission limitations which are part of the approved plan may request
that the appropriate Regional Administrator obtain and make public such
data. Within 30 days after receipt of any such written request, the
Regional Administrator shall require the owner or operator of any such
source to submit information within 30 days on the nature and amounts of
emissions from such source and any other information as may be deemed
necessary by the Regional Administrator to determine whether such source
is in compliance with applicable emission limitations or other control
measures that are part of the applicable plan.
(2) Commencing after the initial notification by the Regional
Administrator pursuant to paragraph (b)(1) of this section, the owner or
operator of the source shall maintain records of the nature and amounts
of emissions from such source and any other information as may be deemed
necessary by the Regional Administrator to determine whether such source
is in compliance with applicable emission limitations or other control
measures that are part of the plan. The information

[[Page 227]]

recorded shall be summarized and reported to the Regional Administrator,
on forms furnished by the Regional Administrator, and shall be submitted
within 45 days after the end of the reporting period. Reporting periods
are January 1 to July 30 and July 1 to December 31.
(3) Information recorded by the owner or operator and copies of this
summarizing report submitted to the Regional Administrator shall be
retained by the owner or operator for 2 years after the date on which
the pertinent report is submitted.
(4) Emission data obtained from owners or operators of stationary
sources will be correlated with applicable emission limitations and
other control measures that are part of the applicable plan and will be
available at the appropriate regional office and at other locations in
the state designated by the Regional Administrator.
(5) Authority of the Regional Administrator to make available
information and data was delegated to the Minnesota Pollution Control
Agency effective October 6, 1977.

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

Sec. 52.1225 Review of new sources and modifications.

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

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

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

Sec. Sec. 52.1226-52.1229 [Reserved]

Sec. 52.1230 Control strategy and rules: Particulates.

(a) Part D(1) Approval. The State of Minnesota has satisfied the
requirements of sections 189(a)(1)(B) and 189(a)(1)(C) and paragraphs 1,
2, 3, 4, 6, 7, 8, and 9 of section 172(c) for the Saint Paul and
Rochester areas. The Administrator has determined pursuant to section
189(e) that secondary particulate matter formed from particulate matter
precursors does not contribute significantly to exceedances of the
NAAQS.
(2) No action. USEPA takes no action on the alternative test method
provision of Rule 7005.2910.
(b) Approval--On May 31, 1988, the State of Minnesota submitted a
committal SIP for particulate matter with an aerodynamic diameter equal
to or less than 10 micrometers (PM10) for Minnesota's Group
II areas. The Group II areas of concern are in Minneapolis, Hennepin
County; Duluth and Iron Range, St. Louis County; Iron Range, Itasca
County; Two Harbors, Lake County; and St. Cloud, Stearns County. The
committal SIP contains all the requirements identified in the July 1,
1987, promulgation of the SIP requirements for PM10 at 52 FR
24681.
(c) Approval--On June 20, 2002, the State of Minnesota submitted a
request to redesignate the Saint Paul, Ramsey County particulate matter
nonattainment area to attainment of the NAAQS for particulate matter
with an aerodynamic diameter less than or equal to a nominal 10
micrometers (PM). In its submittal, the State also requested that EPA
approve the maintenance plan for the area into the Minnesota PM SIP. The
redesignation request and maintenance plan meet the redesignation
requirements of the Clean Air Act.

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

[[Page 228]]

Sec. Sec. 52.1231-52.1232 [Reserved]

Sec. 52.1233 Operating permits.

(a) Emission limitations and related provisions which are
established in Minnesota permits as federally enforceable conditions in
accordance with Chapter 7007 rules shall be enforceable by USEPA. USEPA
reserves the right to deem permit conditions not federally enforceable.
Such a determination will be made according to appropriate procedures,
and be based upon the permit, permit approval procedures or permit
requirements which do not conform with the permit program requirements
or the requirements of USEPA's underlying regulations.
(b) For any permitting program located in the State, insofar as the
permitting threshold provisions in Chapter 7007 rules concern the
treatment of sources of greenhouse gas emissions as major sources for
purposes of title V operating permits, EPA approves such provisions only
to the extent they require permits for such sources where the source
emits or has the potential to emit at least 100,000 tpy CO2
equivalent emissions, as well as 100 tpy on a mass basis, as of July 1,
2011.

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

Sec. 52.1234 Significant deterioration of air quality.

(a) The requirements of sections 160 through 165 of the Clean Air
Act are not met, since the plan does not include approvable procedures
for preventing the significant deterioration of air quality.
(b) Regulations for preventing significant deterioration of air
quality. The provisions of Sec. 52.21 except paragraph (a)(1) are
hereby incorporated and made a part of the applicable State plan for the
State of Minnesota.
(c) All applications and other information required pursuant to
Sec. 52.21 of this part from sources located in the State of Minnesota
shall be submitted to the state agency, Minnesota Pollution Control
Agency, Division of Air Quality, 520 Lafayette Road North, St. Paul,
Minnesota 55155, rather than to EPA's Region 5 office.

[45 FR 52741, Aug. 7, 1980, as amended at 53 FR 18985, May 26, 1988; 68
FR 11323, Mar. 10, 2003; 68 FR 74489, Dec. 24, 2003; 75 FR 55276, Sept.
10, 2010]

Sec. 52.1235 Regional haze.

(a) [Reserved]
(b)(1) NOX emission limits. (i) United States Steel Corporation,
Keetac: An emission limit of 1.5 lbs NOX/MMBtu, based on a
30-day rolling average, shall apply to the Grate Kiln pelletizing
furnace (EU030), beginning 3 years from March 8, 2013. However, for any
30, or more, consecutive days when only natural gas is used a limit of
1.2 lbs NOX/MMBtu, based on a 30-day rolling average, shall
apply.
(ii) Hibbing Taconite Company: An emission limit of 1.5 lbs
NOX/MMBtu, based on a 30-day rolling average, shall apply to
the Line 1 pelletizing furnace (EU020) beginning 26 months from March 8,
2013. An emission limit of 1.5 lbs NOX/MMBtu, based on a 30-
day rolling average, shall apply to the Line 2 pelletizing furnace
(EU021) beginning 38 months from March 8, 2013. An emission limit of 1.5
lbs NOX/MMBtu, based on a 30-day rolling average, shall apply
to the Line 3 pelletizing furnace (EU022) beginning 50 months from March
8, 2013. However, for any 30, or more, consecutive days when only
natural gas is used at any Hibbing Taconite pelletizing furnace, a limit
of 1.2 lbs NOX/MMBtu, based on a 30-day rolling average,
shall apply to that furnace.
(iii) United States Steel Corporation, Minntac: An emission limit of
1.5 lbs NOX/MMBtu, based on a 30-day rolling average, shall
apply to each of the five indurating furnaces (EU225, EU261, EU282,
EU315, and EU334). The owner or operator shall comply with this
NOX emission limit beginning 12 months from March 8, 2013 for
the Line 6 indurating furnace (EU315); 24 months from March 8, 2013 for
the Line 7 indurating furnace (EU334); 36 months from March 8, 2013 for
the Line 4 or Line 5 indurating furnace (EU261) or (EU282); 48 months
from March 8, 2013 for the Line 5 or Line 4 indurating furnace (EU282)
or (EU261); and 59 months from March 8, 2013 for the Line 3

[[Page 229]]

indurating furnace (EU225). However, for any 30 or more consecutive days
when only natural gas is used at any of Minntac's indurating furnaces, a
limit of 1.2 lbs NOX/MMBtu, based on a 30-day rolling
average, shall apply to that furnace.
(iv) United Taconite: An emission limit of 1.5 lbs NOX/
MMBtu, based on a 30-day rolling average, shall apply to the Line 1
pellet furnace (EU040) beginning 38 months from March 8, 2013. An
emission limit of 1.5 lbs NOX/MMBtu, based on a 30-day
rolling average, shall apply to the Line 2 pellet furnace (EU042)
beginning 26 months from March 8, 2013. However, for any 30, or more,
consecutive days when only natural gas is used at either of United
Taconites' Line 1 or Line 2 pellet furnaces, a limit of 1.2 lbs
NOX/MMBtu, based on a 30-day rolling average, shall apply to
that furnace.
(v) ArcelorMittal Minorca Mine: An emission limit of 1.5 lbs
NOX/MMBtu, based on a 30-day rolling average, shall apply to
the indurating furnace (EU026) beginning 26 months from March 8, 2013.
However, for any 30, or more, consecutive days when only natural gas is
used, a limit of 1.2 lbs NOX/MMBtu, based on a 30-day rolling
average, shall apply.
(vi) Northshore Mining Company- Silver Bay: An emission limit of 1.5
lbs NOX/MMBtu, based on a 30-day rolling average, shall apply
to Furnace 11 (EU100/EU104) beginning 26 months from March 8, 2013. An
emission limit of 1.5 lbs NOX/MMBtu, based on a 30-day
rolling average, shall apply to Furnace 12 (EU110/114) beginning 38
months from March 8, 2013. However, for any 30, or more, consecutive
days when only natural gas is used at either Northshore Mining Furnace
11 or Furnace 12, a limit of 1.2 lbs NOX/MMBtu, based on a
30-day rolling average, shall apply. An emission limit of 0.085 lbs/
MMBtu, based on a 30-day rolling average, shall apply to Process Boiler
1 (EU003) and Process Boiler 2 (EU004) beginning 5
years from March 8, 2013. The 0.085 lbs/MMBtu emission limit for each
process boiler applies at all times a unit is operating, including
periods of start-up, shut-down and malfunction.
(2) SO2 emission limits. (i) United States Steel
Corporation, Keetac: An emission limit of 225 lbs SO2/hr,
based on a 30-day rolling average, shall apply to the Grate Kiln
pelletizing furnace (EU030). Any coal burned at Keetac shall have a
sulfur content of 0.60 percent sulfur by weight or less based on a
monthly block average. The sampling and calculation methodology for
determining the sulfur content of fuel must be described in the
monitoring plan required at paragraph (e)(8)(x) of this section.
Compliance with these requirements for EU030 is required beginning 3
months from March 8, 2013.
(ii) Hibbing Taconite Company: An aggregate emission limit of 247.8
lbs SO2/hr shall apply to the three affected lines, EU020,
EU021, and EU022. The SO2 emission limits for these three
pelletizing furnaces are based on a 30-day rolling average. Emissions
resulting from the combustion of fuel oil are not included in the
calculation of the 30-day rolling average. However, if any fuel oil is
burned after the first day that SO2 CEMS are required to be
operational, then the information specified in (b)(2)(vii) must be
submitted, for each calendar year, to the Regional Administrator no
later than 30 days after the end of each calendar year so that a limit
can be set. Compliance with the emission limits is required beginning 6
months from March 8, 2013. Within 20 months of March 8, 2013, the owner
or operator may calculate a revised SO2 limit based on one
year of hourly CEMS emissions data reported in lbs SO2/hr and
submit such limit, calculations and CEMS data to EPA. This limit shall
be set in terms of lbs SO2/hr, based on the following
equations, with compliance to be determined on a 30-day rolling average.

m=(n+1)*a

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

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

UPL = Xm,

Where:

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

[[Page 230]]

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

Where:

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

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

Where:

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

Also, beginning 3 months from March 8, 2013, any coal burned at
Minntac's Lines 3-7 shall have a sulfur content of 0.60 percent sulfur
by weight or less based on a monthly block average. The sampling and
calculation methodology for determining the sulfur content of fuel must
be described in the monitoring plan required at paragraph (e)(8)(x) of
this section.
(iv) United Taconite: An aggregate emission limit of 529.0 lbs
SO2/hr, based on a 30-day rolling average, shall apply to the
Line 1 pellet furnace (EU040) and Line 2 pellet furnace (EU042)
beginning 54 months from March 8, 2013. Also, beginning 54 months from
March 8, 2013, any coal burned in the Line 1 or Line 2 pellet furnace
shall have a sulfur content of 0.60 percent sulfur by weight or less
based on a monthly block average. The sampling and calculation
methodology for determining the sulfur content of fuel must be described
in the monitoring plan required at paragraph (e)(8)(x) of this section.
(v) ArcelorMittal Minorca Mine: An emission limit of 38.16 lbs
SO2/hr, based on a 30-day rolling average, shall apply to the
indurating furnace (EU026) beginning 6 months from March 8, 2013. This
limit shall not apply when the unit is combusting fuel oil. However, if
any fuel oil is burned after the first day that SO2 CEMS are
required to be operational, then the information specified in paragraph
(b)(2)(vii) of this section must be submitted, for each calendar year,
to the Regional Administrator no later than 30 days after the end of
each calendar year so that a limit can be set. Within 20 months of March
8, 2013, the owner or operator may calculate a revised SO2
limit based on one year of hourly CEMS emissions data reported in lbs
SO2/hr and submit such limit, calculations, and CEMS data to
EPA. This limit shall be set in terms of lbs SO2/hr, based on
the following equations, with

[[Page 231]]

compliance to be determined on a 30-day rolling average.

m = (n + 1) * a

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

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

UPL = Xm,

Where:

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

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

Where:

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

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

m = (n + 1) * a

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

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

UPL = Xm,

Where:

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

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

Where:

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

(vii) Starting with the first day that SO2 CEMS are
required to be operational, for the facilities listed in paragraphs
(b)(2)(i)-(b)(2)(vi) of this section, records shall be kept for any day
during which fuel oil is burned (either alone or blended with other
fuels) in one or more of a facility's indurating furnaces. These records
must include, at a minimum, the gallons of fuel oil burned per hour, the
sulfur content of the fuel oil, and the SO2 emissions in
pounds per hour. If any fuel oil is burned after the first day that
SO2 CEMS are required to be operational, then the records
must be submitted, for each calendar year, to the Regional Administrator
no later than 30 days after the end of each calendar year.

[[Page 232]]

(c) Testing and monitoring. (1) The owner or operator of the
respective facility shall install, certify, calibrate, maintain and
operate Continuous Emissions Monitoring Systems (CEMS) for
NOX on United States Steel Corporation, Keetac unit EU030;
Hibbing Taconite Company units EU020, EU021, and EU022; United States
Steel Corporation, Minntac units EU225, EU261, EU282, EU315, and EU334;
United Taconite units EU040 and EU042; ArcelorMittal Minorca Mine unit
EU026; and Northshore Mining Company--Silver Bay units Furnace 11
(EU100/EU104) and Furnace 12 (EU110/EU114). Compliance with the emission
limits for NOX shall be determined using data from the CEMS.
(2) The owner or operator shall install, certify, calibrate,
maintain and operate CEMS for SO2 on United States Steel
Corporation, Keetac unit EU030; Hibbing Taconite Company units EU020,
EU021, and EU022; United States Steel Corporation, Minntac units EU225,
EU261, EU282, EU315, and EU334; United Taconite units EU040 and EU042;
ArcelorMittal Minorca Mine unit EU026; and Northshore Mining Company--
Silver Bay units Furnace 11 (EU100/EU104) and Furnace 12 (EU110/EU114).
(3) The owner or operator shall install, certify, calibrate,
maintain and operate one or more continuous diluent monitor(s)
(O2 or CO2) and continuous flow rate monitor(s) on
the BART affected units to allow conversion of the NOX and
SO2 concentrations to units of the standard (lbs/MMBtu and
lbs/hr, respectively) unless a demonstration is made that a diluent
monitor and continuous flow rate monitor are not needed for the owner or
operator to demonstrate compliance with applicable emission limits in
units of the standards.
(4) For purposes of this section, all CEMS required by this section
must meet the requirements of paragraphs (c)(4)(i)-(xiv) of this
section.
(i) All CEMS must be installed, certified, calibrated, maintained,
and operated in accordance with 40 CFR Part 60, Appendix B, Performance
Specification 2 (PS-2) and Appendix F, Procedure 1.
(ii) All CEMS associated with monitoring NOX (including
the NOX monitor and necessary diluent and flow rate monitors)
must be installed and operational no later than the unit specific
compliance dates for the emission limits identified at paragraphs
(b)(1)(i)-(vi) of this section. All CEMS associated with monitoring
SO2 (except the CEMS associated with monitoring
SO2 at United Taconite Line 1 and Line 2 pellet furnaces)
must be installed and operational no later than six months after March
8, 2013. All CEMs associated with monitoring SO2 at United
Taconite Line 1 and Line 2 pellet furnaces must be installed and
operational no later than 54 months from March 8, 2013. Verification of
the CEMS operational status shall, as a minimum, include completion of
the manufacturer's written requirements or recommendations for
installation, operation, and calibration of the devices.
(iii) The owner or operator must conduct a performance evaluation of
each CEMS in accordance with 40 CFR Part 60, Appendix B, PS-2. The
performance evaluations must be completed no later than 60 days after
the respective CEMS installation.
(iv) The owner or operator of each CEMS must conduct periodic
Quality Assurance, Quality Control (QA/QC) checks of each CEMS in
accordance with 40 CFR Part 60, Appendix F, Procedure 1. The first CEMS
accuracy test will be a relative accuracy test audit (RATA) and must be
completed no later than 60 days after the respective CEMS installation.
(v) The owner or operator of each CEMS must furnish the Regional
Administrator two, or upon request, more copies of a written report of
the results of each performance evaluation and QA/QC check within 60
days of completion.
(vi) The owner or operator of each CEMS must check, record, and
quantify the zero and span calibration drifts at least once daily (every
24 hours) in accordance with 40 CFR Part 60, Appendix F, Procedure 1,
Section 4.
(vii) Except for CEMS breakdowns, repairs, calibration checks, and
zero and span adjustments, all CEMS required by this section shall be in
continuous operation during all periods of

[[Page 233]]

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

[[Page 234]]

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

[[Page 235]]

unit operation, including startup, shutdown and malfunction in the units
of the standard. The owner or operator shall convert the monitored data
into the appropriate unit of the emission limitation using appropriate
conversion factors and F-factors. F-factors used for purposes of this
section shall be documented in the monitoring plan and developed in
accordance with 40 CFR Part 60, Appendix A, Method 19. The owner or
operator may use an alternate method to calculate the NOX
emissions upon written approval from EPA.
(ix) Records of the SO2 emissions or records of the
removal efficiency (based on CEMS data), depending on the emission
standard selected, during all periods of operation, including periods of
startup, shutdown and malfunction, in the units of the standard.
(x) Records associated with the CEMS unit including type of CEMS,
CEMS model number, CEMS serial number, and initial certification of each
CEMS conducted in accordance with 40 CFR Part 60, Appendix B,
Performance Specification 2 must be kept for the life of the CEMS unit.
(xi) Records of all periods of fuel oil usage as required at
paragraph (b)(2)(vi) of this section.
(e) Reporting requirements. (1) All requests, reports, submittals,
notifications, and other communications to the Regional Administrator
required by this section shall be submitted, unless instructed
otherwise, to the Air and Radiation Division, U.S. Environmental
Protection Agency, Region 5 (A-18J), at 77 West Jackson Boulevard,
Chicago, Illinois 60604.
(2) The owner or operator of each BART affected unit identified in
this section and CEMS required by this section must provide to the
Regional Administrator the written notifications, reports and plans
identified at paragraphs (e)(2)(i)-(viii) of this section. If acceptable
to both the Regional Administrator and the owner or operator of each
BART affected unit identified in this section and CEMS required by this
section the owner or operator may provide electronic notifications,
reports and plans.
(i) A notification of the date construction of control devices and
installation of burners required by this section commences postmarked no
later than 30 days after the commencement date.
(ii) A notification of the date the installation of each CEMS
required by this section commences postmarked no later than 30 days
after the commencement date.
(iii) A notification of the date the construction of control devices
and installation of burners required by this section is complete
postmarked no later than 30 days after the completion date.
(iv) A notification of the date the installation of each CEMS
required by this section is complete postmarked no later than 30 days
after the completion date.
(v) A notification of the date control devices and burners installed
by this section startup postmarked no later than 30 days after the
startup date.
(vi) A notification of the date CEMS required by this section
startup postmarked no later than 30 days after the startup date.
(vii) A notification of the date upon which the initial CEMS
performance evaluations are planned. This notification must be submitted
at least 60 days before the performance evaluation is scheduled to
begin.
(viii) A notification of initial compliance, signed by the
responsible official who shall certify its accuracy, attesting to
whether the source has complied with the requirements of this section,
including, but not limited to, applicable emission standards, control
device and burner installations, CEMS installation and certification.
This notification must be submitted before the close of business on the
60th calendar day following the completion of the compliance
demonstration and must include, at a minimum, the information at
paragraphs (e)(2)(viii)(A)-(F) of this section.
(A) The methods used to determine compliance.
(B) The results of any CEMS performance evaluations, and other
monitoring procedures or methods that were conducted.
(C) The methods that will be used for determining continuing
compliance, including a description of monitoring

[[Page 236]]

and reporting requirements and test methods.
(D) The type and quantity of air pollutants emitted by the source,
reported in units of the standard.
(E) A description of the air pollution control equipment and burners
installed as required by this section, for each emission point.
(F) A statement by the owner or operator as to whether the source
has complied with the relevant standards and other requirements.
(3) The owner or operator must develop and implement a written
startup, shutdown, and malfunction plan for NOX and
SO2. The plan must include, at a minimum, procedures for
operating and maintaining the source during periods of startup,
shutdown, and malfunction; and a program of corrective action for a
malfunctioning process and air pollution control and monitoring
equipment used to comply with the relevant standard. The plan must
ensure that, at all times, the owner or operator operates and maintains
each affected source, including associated air pollution control and
monitoring equipment, in a manner which satisfies the general duty to
minimize or eliminate emissions using good air pollution control
practices. The plan must ensure that owners or operators are prepared to
correct malfunctions as soon as practicable after their occurrence.
(4) The written reports of the results of each performance
evaluation and QA/QC check in accordance with and as required by
paragraph (c)(4)(v) of this section.
(5) Compliance reports. The owner or operator of each BART affected
unit must submit semiannual compliance reports. The semiannual
compliance reports must be submitted in accordance with paragraphs
(e)(5)(i) through (iv) of this section, unless the Administrator has
approved a different schedule.
(i) The first compliance report must cover the period beginning on
the compliance date that is specified for the affected source through
June 30 or December 31, whichever date comes first after the compliance
date that is specified for the affected source.
(ii) The first compliance report must be postmarked no later than 30
calendar days after the reporting period covered by that report (July 30
or January 30), whichever comes first.
(iii) Each subsequent compliance report must cover the semiannual
reporting period from January 1 through June 30 or the semiannual
reporting period from July 1 through December 31.
(iv) Each subsequent compliance report must be postmarked no later
than 30 calendar days after the reporting period covered by that report
(July 30 or January 30).
(6) Compliance report contents. Each compliance report must include
the information in paragraphs (e)(6)(i) through (vi) of this section.
(i) Company name and address.
(ii) Statement by a responsible official, with the official's name,
title, and signature, certifying the truth, accuracy, and completeness
of the content of the report.
(iii) Date of report and beginning and ending dates of the reporting
period.
(iv) Identification of the process unit, control devices, and CEMS
covered by the compliance report.
(v) A record of each period of startup, shutdown, or malfunction
during the reporting period and a description of the actions the owner
or operator took to minimize or eliminate emissions arising as a result
of the startup, shutdown, or malfunction and whether those actions were
or were not consistent with the source's startup, shutdown, and
malfunction plan.
(vi) A statement identifying whether there were or were not any
deviations from the requirements of this section during the reporting
period. If there were deviations from the requirements of this section
during the reporting period, then the compliance report must describe in
detail the deviations which occurred, the causes of the deviations,
actions taken to address the deviations, and procedures put in place to
avoid such deviations in the future. If there were no deviations from
the requirements of this section during the reporting period, then the
compliance report must include a statement that there were no
deviations. For purposes of this section, deviations include, but are
not limited to, emissions in excess

[[Page 237]]

of applicable emission standards established by this section, failure to
continuously operate an air pollution control device in accordance with
operating requirements designed to assure compliance with emission
standards, failure to continuously operate CEMS required by this
section, and failure to maintain records or submit reports required by
this section.
(7) Each owner or operator of a CEMS required by this section must
submit quarterly excess emissions and monitoring system performance
reports for each pollutant monitored for each BART affected unit
monitored. All reports must be postmarked by the 30\th\ day following
the end of each three-month period of a calendar year (January-March,
April-June, July-September, October-December) and must include, at a
minimum, the requirements at paragraphs (e)(7)(i)-(xv) of this section.
(i) Company name and address.
(ii) Identification and description of the process unit being
monitored.
(iii) The dates covered by the reporting period.
(iv) Total source operating hours for the reporting period.
(v) Monitor manufacturer, monitor model number and monitor serial
number.
(vi) Pollutant monitored.
(vii) Emission limitation for the monitored pollutant.
(viii) Date of latest CEMS certification or audit.
(ix) A description of any changes in continuous monitoring systems,
processes, or controls since the last reporting period.
(x) A table summarizing the total duration of excess emissions, as
defined at paragraphs (e)(7)(x)(A)-(B) of this section, for the
reporting period broken down by the cause of those excess emissions
(startup/shutdown, control equipment problems, process problems, other
known causes, unknown causes), and the total percent of excess emissions
(for all causes) for the reporting period calculated as described at
paragraph (e)(7)(x)(C) of this section.
(A) For purposes of this section, an excess emission is defined as
any 30-day rolling average period, including periods of startup,
shutdown and malfunction, during which the 30-day rolling average
emissions of either regulated pollutant (SO2 and
NOX), as measured by a CEMS, exceeds the applicable emission
standards in this section.
(B) For purposes of this section, if a facility calculates a 30-day
rolling average emission rate in accordance with this section which
exceeds the applicable emission standards of this section, then it will
be considered 30 days of excess emissions. If the following 30-day
rolling average emission rate is calculated and found to exceed the
applicable emission standards of this section as well, then it will add
one more day to the total days of excess emissions (i.e. 31 days).
Similarly, if an excess emission is calculated for a 30-day rolling
average period and no additional excess emissions are calculated until
15 days after the first, then that new excess emission will add 15 days
to the total days of excess emissions (i.e. 30 + 15 = 45). For purposes
of this section, if an excess emission is calculated for any period of
time within a reporting period, there will be no fewer than 30 days of
excess emissions but there should be no more than 121 days of excess
emissions for a reporting period.
(C) For purposes of this section, the total percent of excess
emissions will be determined by summing all periods of excess emissions
(in days) for the reporting period, dividing that number by the total
BART affected unit operating days for the reporting period, and then
multiplying by 100 to get the total percent of excess emissions for the
reporting period. An operating day, as defined previously, is any day
during which fuel is fired in the BART affected unit for any period of
time. Because of the possible overlap of 30-day rolling average excess
emissions across quarters, there are some situations where the total
percent of excess emissions could exceed 100 percent. This extreme
situation would only result from serious excess emissions problems where
excess emissions occur for nearly every day during a reporting period.
(xi) A table summarizing the total duration of monitor downtime, as
defined at paragraph (e)(7)(xi)(A) of this section, for the reporting
period broken down by the cause of the monitor

[[Page 238]]

downtime (monitor equipment malfunctions, non-monitor equipment
malfunctions, quality assurance calibration, other known causes, unknown
causes), and the total percent of monitor downtime (for all causes) for
the reporting period calculated as described at paragraph (e)(7)(xi)(B)
of this section.
(A) For purposes of this section, monitor downtime is defined as any
period of time (in hours) during which the required monitoring system
was not measuring emissions from the BART affected unit. This includes
any period of CEMS QA/QC, daily zero and span checks, and similar
activities.
(B) For purposes of this section, the total percent of monitor
downtime will be determined by summing all periods of monitor downtime
(in hours) for the reporting period, dividing that number by the total
number of BART affected unit operating hours for the reporting period,
and then multiplying by 100 to get the total percent of excess emissions
for the reporting period.
(xii) A table which identifies each period of excess emissions for
the reporting period and includes, at a minimum, the information in
paragraphs (e)(7)(xii)(A)-(F) of this section.
(A) The date of each excess emission.
(B) The beginning and end time of each excess emission.
(C) The pollutant for which an excess emission occurred.
(D) The magnitude of the excess emission.
(E) The cause of the excess emission.
(F) The corrective action taken or preventative measures adopted to
minimize or eliminate the excess emissions and prevent such excess
emission from occurring again.
(xiii) A table which identifies each period of monitor downtime for
the reporting period and includes, at a minimum, the information in
paragraphs (e)(7)(xiii)(A)-(D) of this section.
(A) The date of each period of monitor downtime.
(B) The beginning and end time of each period of monitor downtime.
(C) The cause of the period of monitor downtime.
(D) The corrective action taken or preventative measures adopted for
system repairs or adjustments to minimize or eliminate monitor downtime
and prevent such downtime from occurring again.
(xiv) If there were no periods of excess emissions during the
reporting period, then the excess emission report must include a
statement which says there were no periods of excess emissions during
this reporting period.
(xv) If there were no periods of monitor downtime, except for daily
zero and span checks, during the reporting period, then the excess
emission report must include a statement which says there were no
periods of monitor downtime during this reporting period except for the
daily zero and span checks.
(8) The owner or operator of each CEMS required by this section must
develop and submit for review and approval by the Regional Administrator
a site specific monitoring plan. The purpose of this monitoring plan is
to establish procedures and practices which will be implemented by the
owner or operator in its effort to comply with the monitoring,
recordkeeping and reporting requirements of this section. The monitoring
plan must include, at a minimum, the information at paragraphs
(e)(8)(i)-(x) of this section.
(i) Site specific information including the company name, address,
and contact information.
(ii) The objectives of the monitoring program implemented and
information describing how those objectives will be met.
(iii) Information on any emission factors used in conjunction with
the CEMS required by this section to calculate emission rates and a
description of how those emission factors were determined.
(iv) A description of methods to be used to calculate emission rates
when CEMS data is not available due to downtime associated with QA/QC
events.
(v) A description of the QA/QC program to be implemented by the
owner or operator of CEMS required by this section. This can be the QA/
QC program developed in accordance with 40 CFR Part 60, Appendix F,
Procedure 1, Section 3.
(vi) A list of spare parts for CEMS maintained on site for system
maintenance and repairs.

[[Page 239]]

(vii) A description of the procedures to be used to calculate 30-day
rolling averages and an example calculation which shows the algorithms
used by the CEMS to calculate 30-day rolling averages.
(viii) A sample of the document to be used for the quarterly excess
emission reports required by this section.
(ix) A description of the procedures to be implemented to
investigate root causes of excess emissions and monitor downtime and the
proposed corrective actions to address potential root causes of excess
emissions and monitor downtime.
(x) A description of the sampling and calculation methodology for
determining the percent sulfur by weight as a monthly block average for
coal used during that month.

[78 FR 8738, Feb. 6, 2013]

Sec. 52.1236 Visibility protection.

(a) The requirements of section 169A of the Clean Air Act are not
met, because the plan does not include approvable procedures for
protection of visibility in mandatory Class I Federal areas.
(b) Regulation for visibility monitoring and new source review. The
provisions of Sec. Sec. 52.26 and 52.28 are hereby incorporated and
made a part of the applicable plan for the State of Minnesota.
(c) Long-term strategy. The provisions of Sec. 52.29 are hereby
incorporated and made part of the applicable plan for the State of
Minnesota.
(d) The requirements of section 169A of the Clean Air Act are not
met because the regional haze plan submitted by the state on December
30, 2009, and on May 8, 2012, does not meet the requirements of 40 CFR
51.308(e) with respect to NOX and SO2 emissions
from United States Steel Corporation, Keetac of Keewatin, Minnesota;
Hibbing taconite company of Hibbing, Minnesota; United States Steel
Corporation, Minntac of Mountain Iron, Minnesota; United Taconite, LLC
of Forbes, Minnesota; ArcelorMittal Minorca Mine, Inc. near Virginia,
Minnesota; and Northshore Mining Company-Silver Bay of Silver Bay,
Minnesota. The requirements for these facilities are satisfied by
complying with the requirements of Sec. 52.1235.

[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987;
78 FR 59839, Sept. 30, 2013]

Sec. 52.1237 Control strategy: Carbon monoxide.

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

[[Page 240]]

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

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

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

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

[[Page 241]]

the SIP's deficiency that is the basis for the TR Federal Implementation
Plan under Sec. 52.38(a), except to the extent the Administrator's
approval is partial or conditional. The obligation to comply with such
requirements with regard to sources and units located in Indian country
within the borders of the State will not be eliminated by the
promulgation of an approval by the Administrator of a revision to
Minnesota's SIP.
(2) Notwithstanding the provisions of paragraph (c)(1) of this
section, if, at the time of the approval of Minnesota's SIP revision
described in paragraph (c)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Annual
allowances under subpart AAAAA of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
AAAAA of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR NOX Annual
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

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

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

(a) The owner and operator of each SO2 source located
within the State of Minnesota and for which requirements are set forth
under the Federal CAIR SO2 Trading Program in subparts AAA
through III of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an approval
by the Administrator of a revision to the Minnesota State Implementation
Plan as meeting the requirements of CAIR for PM2.5 relating
to SO2 under Sec. 51.124 of this chapter, except to the
extent the Administrator's approval is partial or conditional or unless
such approval is under Sec. 51.124(r) of this chapter.
(b) Notwithstanding paragraph (a) of this section, such paragraph is
not applicable as it relates to sources in the State of Minnesota as of
December 3, 2009.
(c)(1) The owner and operator of each source and each unit located
in the State of Minnesota and Indian country within the borders of the
State and for which requirements are set forth under the TR
SO2 Group 2 Trading Program in subpart DDDDD of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to Minnesota's State Implementation Plan
(SIP) as correcting in part the SIP's deficiency that is the basis for
the TR Federal Implementation Plan under Sec. 52.39, except to the
extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in Indian country within the borders of the State will not
be eliminated by the promulgation of an approval by the Administrator of
a revision to Minnesota's SIP.
(2) Notwithstanding the provisions of paragraph (c)(1) of this
section, if, at the time of the approval of Minnesota's SIP revision
described in paragraph (c)(1) of this section, the Administrator has
already started recording any allocations of TR SO2 Group 2
allowances under subpart DDDDD of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
DDDDD of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR SO2 Group 2
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

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

Subpart Z_Mississippi

Sec. 52.1270 Identification of plan.

(a) Purpose and scope. This section sets forth the applicable State
implementation plan for Mississippi under section 110 of the Clean Air
Act, 42 U.S.C. 7401-7671q and 40 CFR part 51 to

[[Page 242]]

meet national ambient air quality standards.
(b) Incorporation by reference. (1) Material listed in paragraph (c)
of this section with an EPA approval date prior to October 3, 2007, for
Mississippi was approved for incorporation by reference by the Director
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Material is incorporated as it exists on the date of the
approval, and notice of any change in the material will be published in
the Federal Register. Entries in paragraphs (c) and (d) of this section
with EPA approval dates after October 3, 2007, for Mississippi will be
incorporated by reference in the next update to the SIP compilation.
(2) EPA Region 4 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated State
rules/regulations which have been approved as part of the State
Implementation Plan as of the dates referenced in paragraph (b)(1).
(3) Copies of the materials incorporated by reference may be
inspected at the Region 4 EPA Office at 61 Forsyth Street, SW., Atlanta,
GA 30303, the Air and Radiation Docket and Information Center, EPA
Headquarters Library, Infoterra Room (Room Number 3334), EPA West
Building, 1301 Constitution Ave., NW., Washington, DC 20460, and the
National Archives and Records Administration. If you wish to obtain
materials from a docket in the EPA Headquarters Library, please call the
Office of Air and Radiation (OAR) Docket/Telephone number: (202) 566-
1742. For information on the availability of this material at NARA, call
202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/
ibr-locations.html.
(c) EPA Approved Mississippi Regulations.

EPA-Approved Mississippi Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
APC-S-1 Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants
----------------------------------------------------------------------------------------------------------------
Section 1........................ General............ 1/9/94 2/12/96, 61 FR 5295
Section 2........................ Definitions........ 1/9/94 2/12/96, 61 FR 5295
Section 3........................ Specific Criteria 5/28/99 12/20/02, 67 FR
for Sources of 77926.
Particulate Matter.
Section 4........................ Specific Criteria 1/9/94 2/12/96, 61 FR 5295
for Sources of
Sulfur Compounds.
Section 5........................ Specific Criteria 1/9/94 2/12/96, 61 FR 5295
for Sources of
Chemical Emissions.
Section 6........................ New Sources........ 5/28/99 12/20/02, 67 FR Subsection 2,
77926. ``Other
Limitations,'' and
Subsection 3,
``New Source
Performance
Standards,'' are
not federally
approved.
Section 7........................ Exceptions......... 2/4/72 5/31/72, 37 FR
10875.
Section 9........................ Stack Height 5/1/86 9/23/87, 52 FR
Considerations.. 35704.
Section 10....................... Provisions for 1/9/94 2/12/96, 61 FR 5295
Upsets, Startups,
and Shutdowns.
Section 11....................... Severability....... 1/9/94 2/12/96, 61 FR 5295
Section 14....................... Provision for the 12/17/06 10/3/07, 72 FR
Clean Air 56268.
Interstate Rule.
----------------------------------------------------------------------------------------------------------------
APC-S-2 Permit Regulations for the Construction and/or Operation of Air Emissions Equipment
----------------------------------------------------------------------------------------------------------------
Section I........................ General 8/27/05 7/10/06, 71 FR
Requirements. 38773.
Section II....................... General Standards 8/27/05 7/10/06, 71 FR
Applicable to All 38773.
Permits.
Section III...................... Application For 8/27/05 7/10/06, 71 FR
Permit To 38773.
Construct and
State Permit To
Operate New
Stationary Source.

[[Page 243]]

Section IV....................... Public 8/27/05 7/10/06, 71 FR
Participation and 38773.
Public
Availability of
Information.
Section V........................ Application Review. 8/27/05 7/10/06, 71 FR
38773.
Section VI....................... Compliance Testing. 8/27/05 7/10/06, 71 FR
38773.
Section VII...................... Emission Evaluation 8/27/05 7/10/06, 71 FR
Report. 38773.
Section VIII..................... Procedures for 8/27/05 7/10/06, 71 FR
Renewal of State 38773.
Permit To Operate.
Section IX....................... Reporting and 8/27/05 7/10/06, 71 FR
Record Keeping. 38773.
Section X........................ Emission Reduction 8/27/05 7/10/06, 71 FR
Schedule. 38773.
Section XI....................... General Permits.... 8/27/05 7/10/06, 71 FR
38773.
Section XII...................... Multi-Media Permits 8/27/05 7/10/06, 71 FR
38773.
Section XIII..................... Exclusions......... 8/27/05 7/10/06, 71 FR
38773.
Section XIV...................... CAFO............... 8/27/05 7/10/06, 71 FR
38773.
Section XV....................... Options............ 8/27/05 7/10/06, 71 FR
38773.
Section XVI...................... Permit Transfer.... 8/27/05 7/10/06, 71 FR
38773.
Section XVII..................... Severability....... 8/27/05 7/10/06, 71 FR
38773.
----------------------------------------------------------------------------------------------------------------
APC-S-3 Regulations for the Prevention of Air Pollution Emergency Episodes
----------------------------------------------------------------------------------------------------------------
Section 1........................ General............ 2/4/72 5/31/72, 37 FR
10875.
Section 2........................ Definitions........ 2/4/72 5/31/72, 37 FR
10875.
Section 3........................ Episode Criteria... 6/3/88 11/13/89, 54 FR
47211.
Section 4........................ Emission Control 2/4/72 5/31/72, 37 FR
Action Programs. 10875.
Section 5........................ Emergency Orders... 6/3/88 11/13/89, 54 FR
47211.
----------------------------------------------------------------------------------------------------------------
APC-S-5-Regulations for Prevention of Significant Deterioration for Air Quality
----------------------------------------------------------------------------------------------------------------
All.............................. ................... 06/2/2011 9-26-12, 77 FR As of 9-26-2012 EPA
59095. is approving a
revision to APC-S-
5 incorporating by
reference the
regulations found
at 40 CFR 52.21 as
of March 22, 2011.
See [Insert
citation of
publication]. This
approval does not
include
Mississippi's
revision to IBR
(at Rule APC-S-5)
the term
``particulate
matter emissions''
(as promulgated in
the May 16, 2008
NSR PM2.5 Rule (at
40 CFR
51.166(b)(49)(vi))
and the PM2.5 SILs
threshold and
provisions (as
promulgated in the
October 20, 2010
PM2.5 PSD
Increment-SILs-SMC
Rule at 40 CFR
52.21(k)(2)).
----------------------------------------------------------------------------------------------------------------

[[Page 244]]

On December 29,
2010, EPA approved
a revision to APC-
S-5 which
incorporated by
reference the
regulations found
at 40 CFR 52.21 as
of September 13,
2010. See 75 FR
81858. That action
approved the
incorporation by
reference with the
exception of the
phrase ``except
ethanol production
facilities
producing ethanol
by natural
fermentation under
the North American
Industry
Classification
System (NAICS)
codes 325193 or
312140,'' APC-S-5
incorporated by
reference from 40
CFR
52.21(b)(1)(i)(a)
and (b)(1(iii)(t).
Additionally, that
final EPA action
did not
incorporate by
reference, into
the Mississippi
SIP, the
administrative
regulations that
were amended in
the Fugitive
Emissions Rule (73
FR 77882) and are
stayed through
October 3, 2011.
----------------------------------------------------------------------------------------------------------------
Mississippi State Constitution
----------------------------------------------------------------------------------------------------------------
Article 4 Section 109............ Interest of Public 9/27/2012 4/8/2013
Officers in 78 FR 20795........
Contracts.
----------------------------------------------------------------------------------------------------------------
Mississippi Code
----------------------------------------------------------------------------------------------------------------
Section 25-4-25.................. Persons required to 9/27/2012 4/8/2013
file statement of 78 FR 20795........
economic interest.
Section 25-4-27.................. Contents of 9/27/2012 4/8/2013
statement of 78 FR 20795........
economic interest.
Section 25-4-29.................. Filing dates for 9/27/2012 4/8/2013
statement. 78 FR 20795........
Section 25-4-101................. Declaration of 9/27/2012 4/8/2013
public policy. 78 FR 20795........
Section 25-4-103................. Definitions........ 9/27/2012 4/8/2013
78 FR 20795........
Section 25-4-105................. Certain actions, 9/27/2012 4/8/2013
activities and 78 FR 20795........
business
relationships
prohibited or
authorized;
contacts in
violation of
section voidable;
penalties.
----------------------------------------------------------------------------------------------------------------

(d) EPA approved Mississippi source-specific requirements.

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

[[Page 245]]

(e) EPA approved Mississippi non-regulatory provisions.

EPA Approved Mississippi Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State submittal
Name of non-regulatory SIP geographic or date/effective EPA approval date Explanation
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
110(a)(1) and (2) Infrastructure Mississippi....... 12/7/2007......... 7/13/2011, 76 FR For the 1997 8-
Requirements for the 1997 8- 41123. hour ozone NAAQS.
Hour Ozone National Ambient Air
Quality Standards.
Regional Haze Plan.............. Statewide......... 9/22/2008......... 6/27/2012, 77 FR
38191.
Regional Haze Plan Update--E. I. Statewide......... 5/9/2011.......... 6/27/2012, 77 FR
Dupont Reasonable Progress and 38191.
Mississippi Phosphates BART
Determinations.
110(a)(1) and (2) Infrastructure Mississippi....... 12/7/2007......... 10/9/2012, 77 FR With the exception
Requirements for 1997 Fine 61276. of sections
Particulate Matter National 110(a)(2)(D)(i),
Ambient Air Quality Standards. 110(a)(2)(E)(ii)
and 110(a)(2)(G).
110(a)(1) and (2) Infrastructure Mississippi....... 10/6/2009......... 10/9/2012, 77 FR With the exception
Requirements for 2006 Fine 61276. of sections
Particulate Matter National 110(a)(2)(D)(i),
Ambient Air Quality Standards. 110(a)(2)(E)(ii)
and 110(a)(2)(G).
110(a)(2)(G) Infrastructure Mississippi....... 7/26/2012......... 10/9/2012, 77 FR ..................
Requirement for the 1997 and 61279.
2006 Fine Particulate Matter
National Ambient Air Quality
Standards.
110(a)(2)(D)(i)(I) Mississippi....... 10/6/2009......... 10/11/2012, 77 FR EPA partially
Infrastructure Requirements for 61727. disapproved this
the 2006 24-hour PM2.5 NAAQS. SIP submission to
the extent that
it relied on the
Clean Air
Interstate Rule
to meet the
110(a)(2)(D)(i)(I
) requirements
for the 2006 24-
hour PM2.5 NAAQS.
110(a)(2)(E)(ii) Infrastructure Mississippi....... 10/11/2012........ 4/8/2013.......... EPA disapproved
Requirement for the 1997 and 78 FR 20795....... the State's
2006 Fine Particulate Matter 110(a)(2)(E)(ii)
National Ambient Air Quality as it relates to
Standards. section
128(a)(2), the
significant
portion of income
requirement.
110(a)(1) and (2) Infrastructure Mississippi....... 12/7/2007......... 4/12/2013, 78 FR Addressing element
Requirements for 1997 Fine 21845. 110(a)(2)(D)(i)(I
Particulate Matter National I) prong 3 only
Ambient Air Quality Standards.
110(a)(1) and (2) Infrastructure Mississippi....... 10/6/2009......... 4/12/2013, 78 FR Addressing element
Requirements for 2006 Fine 21845. 110(a)(2)(D)(i)(I
Particulate Matter National I) prong 3 only
Ambient Air Quality Standards.
Transportation Conformity DeSoto County May 31, 2013...... 11-13-13, 78 FR
Interagency Consultation And portion of 67955.
General Provisions. Memphis, TN-AR-MS
2008 8-hour Ozone
Nonattainment
Area

[[Page 246]]

110(a)(1) and (2) Infrastructure Mississippi....... 12/7/2007......... 5/7/2014, 79 FR Addressing prong 4
Requirements for 1997 Fine 26148. of section
Particulate Matter National 110(a)(2)(D)(i)
Ambient Air Quality Standards. only.
110(a)(1) and (2) Infrastructure Mississippi....... 10/6/2009......... 5/7/2014, 79 FR Addressing prong 4
Requirements for 2006 Fine 26148. of section
Particulate Matter National 110(a)(2)(D)(i)
Ambient Air Quality Standards. only.
----------------------------------------------------------------------------------------------------------------

[62 FR 35442, July 1, 1997]

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

Sec. 52.1271 Classification of regions.

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

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

Sec. 52.1272 Approval status.

(a) With the exceptions set forth in this subpart, the Administrator
approves Mississippi's plan for the attainment and maintenance of 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.
(b) [Reserved]

[79 FR 30051, May 27, 2014]

Sec. 52.1273 [Reserved]

Sec. 52.1275 Legal authority.

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

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

Sec. 52.1276 [Reserved]

Sec. 52.1277 General requirements.

(a) The requirements of Sec. 51.116(c) of this chapter are not met,
since the

[[Page 247]]

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

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

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

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

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

Sec. 52.1279 Visibility protection.

(a) Regional Haze. The requirements of section 169A of the Clean Air
Act are not met because the regional haze plan submitted by Mississippi
on September 22, 2008, and supplemented on May 9, 2011, does not include
fully approvable measures for meeting the requirements of 40 CFR
51.308(d)(3) and 51.308(e) with respect to emissions of NOX
and SO2 from electric generating units. EPA has given limited
disapproval to the plan provisions addressing these requirements.
(b) [Reserved]

[77 FR 33657, June 7, 2012]

Sec. 52.1280 Significant deterioration of air quality.

(a) All applications and other information required pursuant to
Sec. 52.21 of this part from sources located or to be located in the
State of Mississippi shall be submitted to the State agency, Hand
Deliver or Courier: Mississippi Department of Environmental Quality,
Office of Pollution Control, Air Division, 515 East Amite Street,
Jackson,

[[Page 248]]

Mississippi 39201; Mailing Address: Mississippi Department of
Environmental Quality, Office of Pollution Control, Air Division, P.O.
Box 2261, Jackson, Mississippi 39225, rather than to EPA's Region 4
office.
(b) [Reserved]

[77 FR 23398, Apr. 19, 2012]

Sec. 52.1281 Original identification of plan section.

(a) This section identified the original ``Air Implementation Plan
for the State of Mississippi'' and all revisions submitted by
Mississippi that were federally approved prior to July 1, 1997. 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 2 of 2
(Sec. Sec. 52.1019 to End) editions revised as of July 1, 2000 through
July 1, 2011, and the 40 CFR, part 52, Volume 2 of 3 (Sec. Sec. 52.1019
to 52.2019) editions revised as of July 1, 2012.
(b)-(c) [Reserved]

[79 FR 30051, May 27, 2014]

Sec. 52.1284 Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

(a) The owner and operator of each source and each unit located in
the State of Mississippi and Indian country within the borders of the
State and for which requirements are set forth under the TR
NOX Ozone Season Trading Program in subpart BBBBB of part 97
of this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to Mississippi's State Implementation Plan
(SIP) as correcting in part the SIP's deficiency that is the basis for
the TR Federal Implementation Plan under Sec. 52.38(b), except to the
extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in Indian country within the borders of the State will not
be eliminated by the promulgation of an approval by the Administrator of
a revision to Mississippi's SIP.
(b) Notwithstanding the provisions of paragraph (a) of this section,
if, at the time of the approval of Mississippi's SIP revision described
in paragraph (a) of this section, the Administrator has already started
recording any allocations of TR NOX Ozone Season allowances
under subpart BBBBB of part 97 of this chapter to units in the State for
a control period in any year, the provisions of subpart BBBBB of part 97
of this chapter authorizing the Administrator to complete the allocation
and recordation of TR NOX Ozone Season allowances to units in
the State for each such control period shall continue to apply, unless
provided otherwise by such approval of the State's SIP revision.

[76 FR 48368, Aug. 8, 2011]

Subpart AA_Missouri

Sec. 52.1319 [Reserved]

Sec. 52.1320 Identification of Plan.

(a) Purpose and scope. This section sets forth the applicable SIP
for Missouri under section 110 of the CAA, 42 U.S.C. 7401, and 40 CFR
part 51 to meet national ambient air quality standards (NAAQS).
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to August 1,
2009, was approved for incorporation by reference by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Material is incorporated as it exists on the date of the approval, and
notice of any change in the material will be published in the Federal
Register. Entries in paragraphs (c) and (d) of this section with EPA
approval dates after August 1, 2009, will be incorporated by reference
in the next update to the SIP compilation.
(2) EPA Region 7 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated State
rules/regulations which have been approved as part of the SIP as of
August 1, 2009.
(3) Copies of the materials incorporated by reference may be
inspected

[[Page 249]]

at the Environmental Protection Agency, Region 7, Air Planning and
Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219; at EPA
Air and Radiation Docket and Information Center, EPA West Building, 1301
Constitution Avenue NW., Washington, DC 20460; or at the National
Archives and Records Administration (NARA). If you wish to obtain
material from the EPA Regional Office, please call (800) 223-0425 or
(913) 551-7122; for material from a docket in EPA Headquarters Library,
please call the Office of Air and Radiation Docket at (202) 566-1742.
For information on the availability of this material at NARA, call (202)
741-6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html.
(c) EPA-approved regulations.

EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
State
Missouri citation Title effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
Missouri Department of Natural Resources
----------------------------------------------------------------------------------------------------------------
Chapter 1--Organization
----------------------------------------------------------------------------------------------------------------
10-1.020 (1) and (2)... Commission Voting 7/30/1998 6/21/2013, 78 FR 37457
and Meeting
Procedures.
----------------------------------------------------------------------------------------------------------------
Chapter 2--Air Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area
----------------------------------------------------------------------------------------------------------------
10-2.040............... Maximum Allowable 9/4/84 1/24/85, 50 FR 3337 Rescinded.
Emission of
Particulate
Matter from Fuel
Burning Equipment
Used for Indirect
Heating.
10-2.090............... Incinerators...... 2/25/70 3/18/80, 45 FR 17145. The State has
rescinded this
rule.
10-2.100............... Open Burning 4/2/84 8/31/84, 49 FR 34484.
Restrictions.
10-2.150............... Time Schedule for 12/30/2008 1/24/11, 76 FR 4076 The State has
Compliance. rescinded this
rule.
10-2.205............... Control of 3/30/01 4/24/02, 67 FR 20036.
Emissions from
Aerospace
Manufacture and
Rework Facilities.
10-2.210............... Control of 2/29/08 6/20/08, 73 FR 35074.
Emissions from
Solvent Metal
Cleaning.
10-2.215............... Control of 5/30/01 4/24/02, 67 FR 20036.
Emissions from
Solvent Cleanup
Operations.
10-2.220............... Liquefied Cutback 6/3/91 6/23/92, 57 FR 27939.
Asphalt Paving
Restricted.
10-2.230............... Control of 11/20/91 8/24/94, 59 FR 43480. 4/3/95, 60 FR
Emissions from 16806
Industrial (correction).
Surface Coating
Operations.
10-2.260............... Control of 4/30/04 2/2/05, 70 FR 5379.
Petroleum Liquid
Storage, Loading,
and Transfer.
10-2.290............... Control of 3/30/92 8/30/93, 58 FR 45451. The State rule
Emissions from has Sections
Rotogravure and (6)(A) and
Flexographic (6)(B), which
Printing EPA has not
Facilities. approved. 9/6/
94, 59 FR 43376
(correction).
10-2.300............... Control of 11/20/91 3/26/03, 68 FR 14539. 4/3/95, 60 FR
Emissions from 16806
the Manufacturing (correction).
of Paints,
Varnishes,
Lacquers, Enamels
and Other Allied
Surface Coating
Products.

[[Page 250]]

10-2.310............... Control of 11/20/91 8/24/94, 59 FR 43480. 4/3/95, 60 FR
Emissions from 16806
the Application (correction).
of Automotive
Underbody
Deadeners.
10-2.320............... Control of 11/20/91 8/24/94, 59 FR 43480. 4/3/95, 60 FR
Emissions from 16806
Production of (correction).
Pesticides and
Herbicides.
10-2.330............... Control of 5/30/01 2/13/02, 67 FR 6660.
Gasoline Reid
Vapor Pressure.
10-2.340............... Control of 9/30/03 10/30/03, 68 FR 61758.
Emissions from
Lithographic
Printing
Facilities.
10-2.360............... Control of 11/30/95 7/20/98, 63 FR 38755.
Emissions from
Bakery Ovens.
10-2.385............... Control of Heavy 7/30/2012 3/18/2014, 79 FR 15017
Duty Diesel
Vehicle Idling
Emissions.
10-2.390............... Kansas City Area 7/27/07 10/18/07, 72 FR 59014.
Transportation
Conformity
Requirements.
----------------------------------------------------------------------------------------------------------------
Chapter 3--Air Pollution Control Regulations for the Outstate Missouri Area
----------------------------------------------------------------------------------------------------------------
10-3.010............... Auto Exhaust 2/1/78 3/18/80, 45 FR 17145.
Emission Controls.
10-3.030............... Open Burning 7/31/98 4/1/99, 64 FR 15688.
Restrictions.
10-3.040............... Incinerators...... 2/1/78 3/18/80, 45 FR 17145. The State has
rescinded this
rule.
10-3.060............... Maximum Allowable 11/30/02 3/18/03, 68 FR 12831 Rescinded.
Emission of
Particulate
Matter from Fuel
Burning Equipment
Used for Indirect
Heating.
----------------------------------------------------------------------------------------------------------------
Chapter 4--Air Quality Standards and Air Pollution Control Regulations for Springfield-Greene County Area
----------------------------------------------------------------------------------------------------------------
10-4.040............... Maximum Allowable 11/30/02 3/18/03, 68 FR 12831 Rescinded.
Emission of
Particulate
Matter from Fuel
Burning Equipment
Used for Indirect
Heating.
10-4.080............... Incinerators...... 12/16/69 3/18/80, 45 FR 17145. The State has
rescinded this
rule.
10-4.090............... Open Burning 4/2/84 8/31/84, 49 FR 34484.
Restrictions.
10-4.140............... Time Schedule for 12/30/2008 1/24/11, 76 FR 4076 The State has
Compliance. rescinded this
rule.
----------------------------------------------------------------------------------------------------------------
Chapter 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
----------------------------------------------------------------------------------------------------------------
10-5.030............... Maximum Allowable 9/4/84 1/24/85, 50 FR 3337 Rescinded.
Emission of
Particulate
Matter from Fuel
Burning Equipment
Used for Indirect
Heating.
10-5.040............... Use of Fuel in 9/18/70 3/18/80, 45 FR 17145.
Hand-Fired
Equipment
Prohibited.
10-5.060............... Refuse Not To Be 9/18/70 3/18/80, 45 FR 17145. The State has
Burned in Fuel rescinded this
Burning rule.
Installations.
10-5.070............... Open Burning 1/29/95 2/17/00, 65 FR 8060.
Restrictions.
10-5.080............... Incinerators...... 9/18/70 3/18/80, 45 FR 17145. The State has
rescinded this
rule.

[[Page 251]]

10-5.120............... Information on 9/18/70 3/18/80, 45 FR 17145.
Sales of Fuels To
Be Provided and
Maintained.
10-5.130............... Certain Coals To 9/18/70 3/18/80, 45 FR 17145.
Be Washed.
10-5.220............... Control of 9/30/07 4/2/08, 73 FR 17893.
Petroleum Liquid
Storage, Loading
and Transfer.
10-5.240............... Additional Air 9/18/70 3/18/80, 45 FR 17145.
Quality Control
Measures May Be
Required When
Sources Are
Clustered in a
Small Land Area.
10-5.250............... Time Schedule for 12/30/2008 1/24/11, 76 FR 4076 The State has
Compliance. rescinded this
rule.
10-5.295............... Control of 2/29/00 5/18/00, 65 FR 31489.
Emissions from
Aerospace
Manufacturing and
Rework Facilities.
10-5.300............... Control of 11/30/06 3/9/07, 72 FR 10610.
Emissions from
Solvent Metal
Cleaning.
10-5.310............... Liquefied Cutback 3/1/89 3/5/90, 55 FR 7712.
Asphalt
Restricted.
10-5.330............... Control of 8/30/2011 1/23/2012, 67 FR 3146.
Emissions from
Industrial
Surface Coating
Operations.
10-5.340............... Control of 8/30/2011 1/23/2012, 67 FR 3146.
Emissions from
Rotogravure and
Flexographic
Printing
Facilities.
10-5.350............... Control of 11/20/91 8/24/94, 59 FR 43480. 4/3/95, 60 FR
Emissions from 16806
Manufacture of (Correction
Synthesized Notice).
Pharmaceutical
Products.
10-5.360............... Control of 11/20/91 8/24/94, 59 FR 43480. 4/3/95, 60 FR
Emissions from 16806
Polyethylene Bag (Correction
Sealing Notice).
Operations.
10-5.370............... Control of 11/20/91 8/24/94, 59 FR 43480. 4/3/95, 60 FR
Emissions from 16806
the Application (Correction
of Deadeners and Notice).
Adhesives.
10-5.380............... Motor Vehicle 12/30/02 5/12/03, 68 FR 25414.
Emissions
Inspection.
10-5.385............... Control of Heavy 7/30/2012 3/18/2014, 79 FR 15017
Duty Diesel
Vehicle Idling
Emissions.
10-5.390............... Control of 8/30/00 8/14/01, 66 FR 42605.
Emissions from
Manufacture of
Paints,
Varnishes,
Lacquers, Enamels
and Other Allied
Surface Coating
Products.
10-5.410............... Control of 11/20/91 8/24/94, 59 FR 43480. 4/3/95, 60 FR
Emissions from 16806
Manufacture of (Correction
Polystyrene Resin. Notice).
10-5.420............... Control of 3/11/89 3/5/90, 55 FR 7712.
Equipment Leaks
from Synthetic
Organic Chemical
and Polymer
Manufacturing
Plants.
10-5.440............... Control of 12/30/96 2/17/00, 65 FR 8060.
Emissions from
Bakery Ovens.

[[Page 252]]

10-5.442............... Control of 8/30/2011 1/23/2012, 67 FR 3146.
Emissions from
Offset
Lithographic
Printing
Operations.
10-5.450............... Control of VOC 5/28/95 2/17/00, 65 FR 8060.
Emissions from
Traffic Coatings.
10-5.451............... Control of 9/30/00 7/20/01, 66 FR 37906.
Emissions from
Aluminum Foil
Rolling.
10-5.455............... Control of 08/30/2011 1/6/2014, 79 FR 580
Emissions from
Industrial
Solvent Cleaning
Operations.
10-5.480............... St. Louis Area 02/28/11 8/29/13, 78 FR 53247.
Transportation
Conformity
Requirements.
10-5.490............... Municipal Solid 5/30/12 4/15/14, 79 FR 21137
Waste Landfills..
10-5.500............... Control of 2/29/00 5/18/00, 65 FR 31489.
Emissions from
Volatile Organic
Liquid Storage.
10-5.510............... Control of 5/30/06 11/6/06, 71 FR 64888.
Emissions of
Nitrogen Oxides.
10-5.520............... Control of 2/29/00 5/18/00, 65 FR 31489.
Volatile Organic
Compound
Emissions from
Existing Major
Sources.
10-5.530............... Control of 2/29/00 5/18/00, 65 FR 31489.
Volatile Organic
Compound
Emissions from
Wood Furniture
Manufacturing
Operations.
10-5.540............... Control of 2/29/00 5/18/00, 65 FR 31489.
Emissions from
Batch Process
Operations.
10-5.550............... Control of 2/29/00 5/18/00, 65 FR 31489.
Volatile Organic
Compound
Emissions from
Reactor Processes
and Distillation
Operations
Processes in the
Synthetic Organic
Chemical
Manufacturing
Industry.
10-5.570............... Control of Sulfur 09/30/09 01/25/13, 78 FR 5302
Emissions from
Stationary
Boilers.
----------------------------------------------------------------------------------------------------------------
Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------
10-6.010............... Ambient Air 05/30/10 9/20/12, 77 FR 58309
Quality Standards.
10-6.020............... Definitions and 2/28/13 3/17/14, 79 FR 14613
Common Reference
Tables.
10-6.030............... Sampling Methods 2/28/06 12/5/06, 71 FR 70468.
for Air Pollution
Sources.
10-6.040............... Reference Methods. 05/30/10 9/20/12, 77 FR 58309
10-6.050............... Start-up, 07/30/10 03/05/14, 79 FR 12394
Shutdown, and
Malfunction
Conditions.

[[Page 253]]

10-6.060............... Construction 9/30/2012 6/21/2013, 78 FR 37451 Provisions of the
Permits Required. 2010 PM2.5 PSD--
Increments, SILs
and SMCs rule
(75 FR 64865,
October 20,
2010) relating
to SILs and SMCs
that were
affected by the
January 22, 2013
U.S. Court of
Appeals decision
are not SIP
approved.
Provisions of the
2002 NSR reform
rule relating to
the Clean Unit
Exemption,
Pollution
Control
Projects, and
exemption from
recordkeeping
provisions for
certain sources
using the actual-
to-projected-
actual emissions
projections test
are not SIP
approved.
In addition, we
have not
approved
Missouri's rule
incorporating
EPA's 2007
revision of the
definition of
``chemical
processing
plants'' (the
``Ethanol
Rule,'' 72 FR
24060 (May 1,
2007) or EPA's
2008 ``fugitive
emissions
rule,'' 73 FR
77882 (December
19, 2008).
Although
exemptions
previously
listed in 10 CSR
10-6.060 have
been transferred
to 10 CSR 10-
6.061, the
Federally-
approved SIP
continues to
include the
following
exemption,
``Livestock and
livestock
handling systems
from which the
only potential
contaminant is
odorous gas.''
Section 9,
pertaining to
hazardous air
pollutants, is
not SIP
approved.
10-6.061............... Construction 7/30/06 12/4/06, 70315. Section
Permits (3)(A)2.D. is
Exemptions. not included in
the SIP.
10-6.062............... Construction 5/30/07 9/26/07, 72 FR 54562. Section (3)(B)4.
Permits by Rule. is not included
in the SIP.
10-6.065............... Operating Permits. 9/30/05 2/21/07, 72 FR 7829. Section (4) Basic
State Operating
Permits, has not
been approved as
part of the SIP.

[[Page 254]]

10-6.110............... Submission of 09/30/2010 12/14/2011, 76 FR 77701 Section (3)(A),
Emission Data, Emissions Fees,
Emission Fees, has not been
and Process approved as part
Information. of the SIP
10-6.120............... Restriction of 3/30/05 6/12/06, 71 FR 33622.
Emissions of Lead
from Specific
Lead Smelter-
Refinery
Installations.
10-6.130............... Controlling 05/30/10 9/20/12, 77 FR 58309
Emissions During
Episodes of High
Air Pollution
Potential.
10-6.140............... Restriction of 5/1/86 3/31/89, 54 FR 13184.
Emissions Credit
for Reduced
Pollutant
Concentrations
from the Use of
Dispersion
Techniques.
10-6.150............... Circumvention..... 8/15/90 4/17/91, 56 FR 15500.
10-6.170............... Restriction of 8/30/98 3/31/00, 65 FR 17164.
Particulate
Matter to the
Ambient Air
Beyond the
Premises of
Origin.
10-6.180............... Measurement of 11/19/90 7/23/91, 56 FR 33714.
Emissions of Air
Contaminants.
10-6.210............... Confidential 1/27/95 2/29/96, 61 FR 7714.
Information.
10-6.220............... Restriction of 9/30/08 12/29/09, 74 FR 68689 Subsection (1)(I)
Emission of referring to the
Visible Air open burning
Contaminants. rule, 10 CSR 10-
6.045, is not
SIP approved.
10-6.260............... Restriction of 09/30/12 11/22/13, 78 FR 69995 Section (3)(A)(1-
Emission of 4) approved
Sulfur Compounds. pursuant to 111d
only.
10-6.280............... Compliance 3/30/02 8/27/02, 67 FR 54961.
Monitoring Usage.
10-6.300............... Conformity of 07/31/11 9/18/13, 78 FR 57267 10-6.300(3)(F)1.A
General Federal and 10-
Actions to State 6.300(3)(G)1
Implementation includes
Plans. language that
differs from the
Federal rule.
10-6.330............... Restriction of 6/30/98 12/8/98, 63 FR 67591.
Emissions from
Batch-type
Charcoal Kilns.
10-6.350............... Emissions 5/30/07 4/2/08, 73 FR 17890.
Limitations and
Emissions Trading
of Oxides of
Nitrogen.
10-6.360............... Control of NOX 5/30/07 4/2/08, 73 FR 17890.
Emissions from
Electric
Generating Units
and Non-Electric
Generating
Boilers.
10-6.362............... Clean Air 5/18/07 12/14/07, 72 FR 71073.
Interstate Rule
Annual NOX
Trading Program.
10-6.364............... Clean Air 5/18/07 12/14/07, 72 FR 71073.
Interstate Rule
Seasonal NOX
Trading Program.
10-6.366............... Clean Air 5/18/07 12/14/07, 72 FR 71073.
Interstate Rule
SO2 Trading
Program.
10-6.380............... Control of NOX 10/30/05 8/15/06, 71 FR 46860.
Emissions from
Portland Cement
Kilns.

[[Page 255]]

10-6.390............... Control of NOX 10/30/05 8/15/06, 71 FR 46860.
Emissions from
Large Stationary
Internal
Combustion
Engines.
10-6.400............... Restriction of 02/28/11 02/20/13, 78 FR 11758
Emission of
Particulate
Matter from
Industrial
Processes.
10-6.405............... Restriction of 10/30/11 9/13/12, 77 FR 56555 Replaces 10-
Particulate 2.040, 10-3.060,
Matter Emissions 10-4.040, and 10-
From Fuel Burning 5.030
Equipment Used
for Indirect
Heating.
10-6.410............... Emissions Banking 09/30/12 11/22/13, 78 FR 69995
and Trading.
----------------------------------------------------------------------------------------------------------------
Missouri Department of Public Safety Division 50-State Highway Patrol Chapter 2--Motor Vehicle Inspection
----------------------------------------------------------------------------------------------------------------
50-2.010............... Definitions....... 4/11/82 8/12/85, 50 FR 32411.
50-2.020............... Minimum Inspection 10/11/82 8/12/85, 50 FR 32411.
Station
Requirements.
50-2.030............... Inspection Station 12/11/77 8/12/85, 50 FR 32411.
Classification.
50-2.040............... Private Inspection 5/31/74 8/12/85, 50 FR 32411.
Stations.
50-2.050............... Inspection Station 11/11/79 8/12/85, 50 FR 32411.
Permits.
50-2.060............... Display of 11/31/74 8/12/85, 50 FR 32411.
Permits, Signs
and Poster.
50-2.070............... Hours of Operation 11/11/83 8/12/85, 50 FR 32411.
50-2.080............... Licensing of 4/13/78 8/12/85, 50 FR 32411.
Inspector/
Mechanics.
50-2.090............... Inspection Station 8/11/78 8/12/85, 50 FR 32411.
Operational
Requirements.
50-2.100............... Requisition of 6/12/80 8/12/85, 50 FR 32411.
Inspection
Stickers and
Decals.
50-2.110............... Issuance of 12/11/77 8/12/85, 50 FR 32411.
Inspection
Stickers and
Decals.
50-2.120............... MVI-2 Form........ 11/11/83 8/12/85, 50 FR 32411.
50-2.130............... Violations of Laws 5/31/74 8/12/85, 50 FR 32411.
or Rules Penalty.
50-2.260............... Exhaust System.... 5/31/74 8/12/85, 50 FR 32411.
50-2.280............... Air Pollution 12/11/80 8/12/85, 50 FR 32411.
Control Devices.
50-2.290............... Fuel Tank......... 5/3/74 8/12/85, 50 FR 32411.
50-2.350............... Applicability of 5/1/84 8/12/85, 50 FR 32411.
Motor Vehicle
Emission
Inspection.
50-2.360............... Emission Fee...... 11/1/83 8/12/85, 50 FR 32411.
50-2.370............... Inspection Station 12/21/90 10/13/92, 57 FR 46778.
Licensing.
50-2.380............... Inspector/Mechanic 11/1/83 8/12/85, 50 FR 32411.
Licensing.
50-2.390............... Safety/Emission 11/1/83 8/12/85, 50 FR 32411.
Stickers.
50-2.401............... General 12/21/90 10/13/92, 57 FR 46778.
Specifications.
50-2.402............... MAS Software 12/21/90 10/13/92, 57 FR 46778. The SIP does not
Functions. include Section
(6), Safety
Inspection.
50-2.403............... Missouri Analyzer 12/21/90 10/13/92, 57 FR 46778. The SIP does not
System (MAS) include Section
Display and (3)(B)4, Safety
Program Inspection
Requirements. Sequences or
(3)(M)5(II),
Safety
Inspection
Summary.

[[Page 256]]

50-2.404............... Test Record 12/21/90 10/13/92, 57 FR 46778. The SIP does not
Specifications. include Section
(5), Safety
Inspection
Results.
50-2.405............... Vehicle Inspection 12/21/90 10/13/92, 57 FR 46778.
Certificate,
Vehicle
Inspection
Report, and
Printer Function
Specifications.
50-2.406............... Technical 12/21/90 10/13/92, 57 FR 46778.
Specifications
for the MAS.
50-2.407............... Documentation, 12/21/90 10/13/92, 57 FR 46778.
Logistics and
Warranty
Requirements.
50-2.410............... Vehicles Failing 12/21/90 10/13/92, 57 FR 46778.
Reinspection.
50-2.420............... Procedures for 12/21/90 10/13/92, 57 FR 46778.
Conducting Only
Emission Tests.
----------------------------------------------------------------------------------------------------------------
Kansas City Chapter 8--Air Quality
----------------------------------------------------------------------------------------------------------------
8-2.................... Definitions....... 12/10/98 12/22/99, 64 FR 71663.
8-4.................... Open burning...... 10/31/96 4/22/98, 63 FR 19823.
8-5.................... Emission of 12/10/98 12/22/99, 64 FR 71663. Only subsections
particulate 8-5(c)(1)b, 8-
matter. 5(c)(1)c, 8-
5(c)(2)a, 8-
5(c)(3)a, 8-
5(c)(3)b, 8-
5(c)(3)c, 8-
5(c)(3)d are
approved in the
SIP.
----------------------------------------------------------------------------------------------------------------
Springfield--Chapter 2A--Air Pollution Control Standards
----------------------------------------------------------------------------------------------------------------
Article I.............. Definitions....... 12/04/08 10/21/10 75 FR 64953 Only Section 6-2
is approved by
EPA.
Article II............. Administrative and 12/04/08 ................................... Only Sections 6-
Enforcement. 151, 155, 156,
and 171 are
approved by EPA.
Incinerators......
Article V.............. .................. 12/04/08 ................................... Only Sections 6-
311 through 314
are approved by
EPA.
Article VII............ Stack Emission 10/31/96 4/22/98, 63 FR 19823. Only Section 2A-
Test Method. 25 is approved
by EPA.
Article IX............. Incinerator....... 10/31/96 4/22/98, 63 FR 19823. Only Sections 2A-
34 through 38
are approved by
EPA.
Article XX............. Test Methods and 10/31/96 4/22/98, 63 FR 19823. Only Sections 2A-
Tables. 51, 55, and 56
are approved by
EPA.
----------------------------------------------------------------------------------------------------------------
St. Louis City Ordinance 68657
----------------------------------------------------------------------------------------------------------------
Section 6.............. Definitions....... 8/28/03 12/9/03, 68 FR 68521. The phrase
``other than
liquids or
gases'' in the
Refuse
definition has
not been
approved.
Section 15............. Open Burning 8/28/03 12/9/03, 68 FR 68521. .................
Restrictions.
----------------------------------------------------------------------------------------------------------------

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

[[Page 257]]

EPA-Approved Missouri Source-Specific Permits and Orders
----------------------------------------------------------------------------------------------------------------
State
Name of source Order/permit effective EPA approval date Explanation
number date
----------------------------------------------------------------------------------------------------------------
(1) ASARCO Inc. Lead Smelter, Order........... 8/13/80 4/27/81, 46 FR 23412.............
Glover, MO.
(2) St. Joe Lead (Doe Run) Order........... 3/21/84 6/11/84, 49 FR 24022.............
Company Lead Smelter,
Herculaneum, MO.
(3) AMAX Lead (Doe Run) Order........... 9/27/84 1/7/85, 50 FR 768................
Company Lead Smelter, Boss,
MO.
(4) Gusdorf Operating Permit, Permit Nos: * 4/29/80 10/15/84, 49 FR 40164............
11440 Lackland Road, St. 04682-04693.
Louis County, MO.
(5) Doe Run Lead Smelter, Consent Order... 3/9/90 3/6/92, 57 FR 8076...............
Herculaneum, MO.
(6) Doe Run Lead Smelter, Consent Order... 8/17/90 3/6/92, 57 FR 8076...............
Herculaneum, MO.
(7) Doe Run Lead Smelter, Consent Order... 7/2/93 5/5/95, 60 FR 22274..............
Herculaneum, MO.
(8) Doe Run Lead Smelter, Consent Order 4/28/94 5/5/95, 60 FR 22274.............. In a notice
Herculaneum, MO. (Modification). published on 8/
15/97 at 62 FR
43647, EPA
required
implementation
of the
contingency
measures.
(9) Doe Run Lead Smelter, Consent Order 11/23/94 5/5/95, 60 FR 22274..............
Herculaneum, MO. (Modification).
(10) Doe Run Buick Lead Consent Order... 7/2/93 8/4/95, 60 FR 39851..............
Smelter, Boss, MO.
(11) Doe Run Buick Lead Consent Order 9/29/94 8/4/95, 60 FR 39851..............
Smelter, Iron County, MO. (Modification).
(12) ASARCO Glover Lead Consent Decree 7/30/96 3/5/97, 62 FR 9970...............
Smelter, Glover, MO. CV596-98CC with
exhibits A-G.
(13) Eagle-Picher Consent 08/26/99 4/24/00, 65 FR 21649.............
Technologies, Joplin, MO. Agreement.
(14) Doe Run Resource Consent Order... 5/11/00 10/18/00, 65 FR 62295............
Recycling Facility near
Buick, MO.
(15) St. Louis University.... Medical Waste 9/22/92 4/22/98, 63 FR 19823.............
Incinerator.
(16) St. Louis University.... Permit Matter 1/31/00 10/26/00, 65 FR 64156............
No. 00-01-004.
(17) St. Joseph Light & Power Consent Decree.. 5/21/01 11/15/01, 66 FR 57389............
SO2.
(18) Asarco, Glover, MO...... Modification of 7/31/00 4/16/02, 67 FR 18497.............
Consent Decree,
CV596-98CC.
(19) Doe Run, Herculaneum, MO Consent 1/5/01 4/16/02, 67 FR 18497.............
Judgement,
CV301-0052C-J1,
with Work
Practice Manual
and S.O.P. for
Control of Lead
Emissions (Rev
2000).
(20) Springfield City Consent 12/6/01 3/25/02, 67 FR 13570.............
Utilities James River Power Agreement.
Station SO2.
(21) St. Louis University.... Permit Matter 8/28/03 12/9/03, 68 FR 68521............. Updates a
No. 00-01-004. reference in
section II.B.
to Ordinance
No. 65645.
(22) Doe Run Lead Smelter, Settlement 10/31/03 10/29/04, 69 FR 63072............
Glover, MO. Agreement.

[[Page 258]]

(23) Grossman Iron and Steel Permit No. 7/19/06 12/4/06, 71 FR 70312.............
Company. SR00.045A.
(24) Doe Run Herculaneum, MO. Consent Judgment 12/20/05 5/4/07, 72 FR 25203..............
Modification,
CV301-0052CCJ1.
(25) Doe Run Herculaneum, MO. Consent Judgment 5/21/07 2/17/12, 77 FR 9529.............. This approval
Modification 7/29/09 does not
07JE-CC00552. modificatio include any
n subsequent
modifications
after 2009.
(26) Holcim.................. ................ April 19, 6/26/12, 77 FR 38011............. Sec.
2009 52.1339(c);
Limited
Approval.
----------------------------------------------------------------------------------------------------------------
* St Louis County.

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

EPA-Approved Missouri Nonregulatory SIP Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Applicable geographic or State
Name of nonregulatory SIP provision nonattainment area submittal date EPA approval date Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Kansas City and Outstate Air Kansas City and Outstate. 1/24/72 5/31/72, 37 FR 10875.......................
Quality Control Regions Plan.
(2) Implementation Plan for the St. Louis................ 1/24/72 5/31/72, 37 FR 10875.......................
Missouri portion of the St. Louis
Interstate Air Quality Control Region.
(3) Effects of adopting Appendix B to St. Louis................ 3/27/72 5/31/72, 37 FR 10875.......................
NO2 emissions.
(4) CO air quality data base.......... St. Louis................ 5/2/72 5/31/72, 37 FR 10875.......................
(5) Budget and manpower projections... Statewide................ 2/28/72 10/28/72, 37 FR 23089......................
(6) Emergency episode manual.......... Kansas City.............. 5/11/72 10/28/72, 37 FR 23089......................
(7) Amendments to Air Conservation Law Statewide................ 7/12/72 10/28/72, 37 FR 23089......................
(8) Air monitoring plan............... Outstate................. 7/12/72 10/28/72, 37 FR 23089......................
(9) Amendments to Air Conservation Law Statewide................ 8/8/72 10/28/72, 37 FR 23089......................
(10) Transportation control strategy.. Kansas City.............. 5/11/73, 5/21/ 6/22/73, 38 FR 16566.......................
73
(11) Analysis of ambient air quality Kansas City.............. 4/11/74 3/2/76, 41 FR 8962.........................
data and recommendation to not
designate the area as an air quality
maintenance area.
(12) Recommendation to designate air St. Louis, Columbia, 5/6/74 9/9/75, 40 FR 41950........................
quality maintenance areas. Springfield.
(13) Plan to attain the NAAQS......... Kansas City, St. Louis... 7/2/79 4/9/80, 45 FR 24140........................ Correction notice
published 7/11/80.
(14) Schedule for I/M program and St. Louis................ 9/9/80 3/16/81, 46 FR 16895.......................
commitment regarding difficult
transportation control measures
(TCMs).
(15) Lead SIP......................... Statewide................ 9/2/80, 4/27/81, 46 FR 23412,...................... Correction notice
2/11/81, 7/19/84, 49 FR 29218....................... published 5/15/81.
2/13/81

[[Page 259]]

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

[[Page 260]]

(39) Doe Run Resource Recycling Dent Township in Iron 5/17/00 10/18/00, 65 FR 62298......................
Facility near Buick, MO. County.
(40) Commitments with respect to Statewide................ 8/8/00 12/28/00, 65 FR 82288......................
implementation of rule 10 CSR 10-
6.350, Emissions Limitations and
Emissions Trading of Oxides of
Nitrogen.
(41) Contingency Plan including letter St. Louis................ 10/6/97, 6/26/01, 66 FR 34011.......................
of April 5, 2001. 4/5/01
(42) Ozone 1-Hour Standard Attainment St. Louis................ 11/10/99, 11/2/ 6/26/01, 66 FR 34011.......................
Demonstration Plan for November 2004 00,
including 2004 On-Road Motor Vehicle 2/28/01,
Emissions Budgets. 3/7/01
(43) Doe Run Resources Corporation Herculaneum, MO.......... 1/9/01 4/16/02, 67 FR 18502....................... The SIP was reviewed and
Primary lead Smelter, 2000 Revision approved by EPA on 1/11/
of Lead SIP. 01.
(44) Doe Run Resources Corporation Glover, MO............... 6/15/01 4/16/02, 67 FR 18502....................... The SIP was reviewed and
Primary Lead Smelter, 2000 Revision approved by EPA on 6/26/
of Lead SIP. 01.
(45) Maintenance Plan for the Missouri St. Louis................ 12/6/02 5/12/03, 68 FR 25442.......................
Portion of the St. Louis Ozone
Nonattainment Area including 2014 On-
Road Motor Vehicle Emission Budgets.
(46) Maintenance Plan for the 1-hour Kansas City.............. 12/17/02 1/13/04, 69 FR 1923........................
ozone standard in the Missouri
portion of the Kansas City
maintenance area for the second ten-
year period.
(47) Vehicle I/M Program.............. St. Louis................ 10/1/03 5/13/04, 69 FR 26506.......................
(48) Revised Maintenance Plan of Doe Dent Township in Iron 4/29/03 8/24/04, 69 FR 51953....................... Furnace daily throughput
Run Resource Recycling Facility near County. limits required to be
Buick, MO. consistent with rule 10
CSR 10-6.120. Annual
production cap in Doe
Run construction permit
not affected by this
rulemaking.
(49) Lead Maintenance Plan............ Iron County (part) within 1/26/04 10/29/04, 69 FR 63072......................
boundaries of Liberty
and Arcadia Townships.
(50) Revision to Maintenance Plan for Kansas City.............. 10/28/05 6/26/06, 71 FR 36210.......................
the 1-hour ozone standard in the
Missouri portion of the Kansas City
maintenance area for the second ten-
year period.
(51) CAA 110(a)(2)(D)(i) SIP-- Statewide................ 2/27/07 5/8/07, 72 FR 25085........................
Interstate Transport.

[[Page 261]]

(52) Submittal of the 2002 Base Year St. Louis................ 6/15/06 5/31/07, 72 FR 30272.......................
Inventory for the Missouri Portion of
the St. Louis 8-hour ozone
nonattainment area and Emissions
Statement SIP.
(53) Maintenance Plan for the 8-hour Kansas City.............. 5/23/07 8/9/07, 72 FR 44778........................ This plan replaces
ozone standard in the Missouri numbers (46) and (50).
portion of the Kansas City area.
(54) Section 110(a)(2) Infrastructure Statewide................ 02/27/2007 07/11/2011, 76 FR 40621.................... This action addresses
Requirements for the 1997 8-Hour the following CAA
Ozone NAAQS. elements, as
applicable:
110(a)(2)(A), (B), (C),
(D)(ii), (E), (F), (G),
(H), (J), (K), (L), and
(M).
(55) VOC RACT Requirements for the 8- St. Louis................ 1/17/2007, 6/ 1/23/2012, 77 FR 3144 1/6/2014, 79 FR 580..
hour ozone NAAQS. 01/2011, 8/30/
2011
(56) CAA Section 110(a)(2) SIP--1978 City of Herculaneum, MO.. 7/29/09 2/17/12, 77 FR 9529........................ ........................
Pb NAAQS.
(57) Regional Haze Plan for the first Statewide................ 8/5/09, 6/26/12, 77 FR 38011....................... Sec. 52.1339(c);
implementation period. supplemented 1/ Limited Approval.
30/12
(58) Section 110(a)(2) Infrastructure Statewide................ 2/27/2007 6/21/2013, 78 FR 37461..................... This action addresses
Requirements for the 1997 PM2.5 NAAQS. the following CAA
elements: 110(a)(2)(A),
(B), (C), (D)(i)(II)
prongs 3 and 4,
(D)(ii), (E), (F), (G),
(H), (J), (K), (L), and
(M).
(59) Section 110(a)(2) Infrastructure Statewide................ 12/28/2009 6/21/2013, 78 FR 37461..................... This action addresses
Requirements for the 2006 PM2.5 NAAQS. the following CAA
elements: 110(a)(2)(A),
(B), (C), (D)(i)(II)
prongs 3 and 4,
(D)(ii), (E), (F), (G),
(H), (J), (K), (L), and
(M).
(60) Section 128 Declaration: Missouri Statewide................ 8/08/2012 6/21/2013, 78 FR 37461..................... ........................
Air Conservation Commission
Representation and Conflicts of
Interest Provisions; Missouri Revised
Statutes (RSMo) RSMo 105.450, RSMo
105.452, RSMo 105.454, RSMo 105.462,
RSMo 105.463, RSMo 105.466, RSMo
105.472, and RSMo 643.040.2.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[64 FR 34719, June 29, 1999]

[[Page 262]]

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

Sec. 52.1321 Classification of regions.

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

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

Sec. 52.1322 Original Identification of Plan Section.

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

[[Page 263]]

(12) Compliance Schedules were submitted by the Missouri Air
Conservation Commission on November 23, 1976.
(13) On August 28, 1978, the following revisions were submitted by
the Missouri Department of Natural Resources:
(i) The recodification of Missouri regulations of July 1, 1976, now
contained in Title 10, Division 10 of the Code of State Regulations.
(ii) Title 10, Division 10, Chapter 6 of the Code of State
Regulations which contains air quality standards, definitions, and
reference methods.
(iii) Missouri Rule 10 CSR 10-2.200; Rule 10 CSR 10-3.150; and Rule
10 CSR 10-4.190 pertaining to control of SO2 from indirect
heating sources.
(iv) Missouri Rule 10 CSR 10-2.030; Rule 10 CSR 10-3.050; Rule 10
CSR 10-4.030; and 10 CSR 10-5.050 exempting certain process sources from
the process weight regulations for particulate matter.
(v) Missouri Rule 10 CSR 10-2.190; Rule 10 CSR 10-3.140; Rule 10 CSR
10-4.180; and Rule 10 CSR 10-5.280 which contain the ``Standards of
Performance for New Stationary Sources,'' found at 40 CFR part 60 as in
effect on January 18, 1975.
(vi) Missouri Rule 10 CSR 10-2.060; Rule 10 CSR 10-3.080; Rule 10
CSR 10-4.060; and Rule 10 CSR 10-5.090 which require continuous opacity
monitors for certain sources.
(vii) Missouri Rule 10 CSR 10-5.140 for determining settlable acid
and alkaline mists is rescinded.
(viii) The EPA is taking no action on Rule 10 CSR 10-5.100; 10 CSR
10-2.050, and 10 CSR 10-3.070 which limit fugitive particulate emissions
from the handling, transporting and storage of materials in the State of
Missouri.
(14) On March 12, 1979, the Missouri Department of Natural Resources
submitted Rule 10 CSR 10-3.100 and Rule 10 CSR 10-5.150 establishing
revised SO2 emission limits for primary lead smelters.
(15) On March 1, 1979, the Missouri Department of Natural Resources
submitted a revision of regulation 10 CSR 10-5.110 revising the
allowable emission rates of sulfur dioxide from Union Electric's Sioux
and Labadie power plants.
(16) On July 2, 1979, the State of Missouri submitted a plan to
attain the National Ambient Air Quality Standards for the Kansas City
and St. Louis areas of the state designated nonattainment under section
107 of the Clean Air Act, as amended in 1977. Included in the plan are
the following approved regulations as amended, in part, in subsequent
submittals:
(i) Rule 10 CSR 10-2.210 and 10 CSR 10-5.300 Control of Emissions
from Solvent Metal Cleaning are approved as RACT;
(ii) Rule 10 CSR 10-2.220 and 10 CSR 10-5.310 Liquified Cutback
Asphalt Paving Restriated are approved as RACT;
(iii) Rule 10 CSR 10-5.220 Control of Petroleum Liquid Storage,
Loading and Transfer (St. Louis) is approved as RACT.
(iv) Rule 10 CSR 10-2.260 Control of Petroleum Liquid Storage,
Loading and Transfer (Kansas City) is approved as RACT;
(v) Rule 10 CSR 10-5.030 Maximum Allowable Emission of Particulate
Matter from Fuel Burning Equipment Used for Indirect Heating is approved
as RACT;
(vi) Rule 10 CSR 10-5.090 Restriction of Emission of Visible Air
Contaminants is approved as RACT;
(vii) Rule 10 CSR 10-5.290 More Restrictive Emission Limitations for
Sulfur Dioxide and Particulate Matter in South St. Louis is approved as
RACT;
(viii) Rule 10 CSR 10-2.040 Maximum Allowable Emission of
Particulate Matter from Fuel Burning Equipment Used for Indirect Heating
is approved as RACT;
(ix) Rule 10 CSR 10-2.240 Restriction of Emissions of Volatile
Organic Compounds from Petroleum Refinery Sources is approved as RACT;
(x) Rule 10 CSR 10-2.250 Control of Volatile Leaks from Petroleum
Refinery Equipment is approved as RACT; and
(xi) Rule 10 CSR 10-2.230 and 10 CSR 10-5.330 Control of Emissions
from Industrial Surface Coating Operations is approved as RACT.
(17) On July 2, 1979, the Missouri Department of Natural Resources
submitted variances (compliance schedules) for Union Electric Company's
Labadie power plant, River Cement

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

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Loading and Transfer (St. Louis), submitted on April 14, 1981, amending
the emission limit in Section 3, is approved as RACT.
(30) A report on the recommended type of I/M program, stringency
factor, vehicle test mix, and program resources and justification,
submitted on December 16, 1980, is approved as meeting the applicable
condition on the SIP. No action is being taken with respect to the
approvability of the specific recommendation sin the report.
(31) A report from the East-West Gateway Coordinating Council
outlining commitments to transportation control measures, an analysis of
those measures, and the results of the carbon monoxide dispersion
modeling, submitted on February 12 and April 28, 1981, is approved as
meeting the applicable condition on the SIP.
(32) A variance from Missouri Rule 10 CSR 10-3.050 Restriction of
Emission of Particulate Matter From Industrial Processes, for St. Joe
Minerals Corporation, Pea Ridge Iron Ore facility, was submitted by the
Missouri Department of Natural Resources on May 6, 1981 with
supplementary information submitted on June 22 and July 28, 1981.
(33) On September 5, 1980, the Missouri Department of Natural
Resources submitted a revision of Missouri Rule 10 CSR 10-3.050,
Restriction of Emission of Particulate Matter from Industrial Processes,
which exempts existing Missouri type charcoal kilns from the rule.
(34) A variance from Missouri Rules 10 CSR 10-3.060, Maximum
Allowable Emissions of Particulate Matter from Fuel Burning Equipment
Used for Indirect Heating, and 10 CSR 10-3.080, Restriction of Emission
of Visible Air Contaminants, was submitted by the Missouri Department of
Natural Resources on August 12, 1981.
(35) A variance from Missouri Rule 10 CSR 10-2.260, Control of
Petroleum Liquid Storage, Loading and Transfer for the Kansas City
Metropolitan Area, was submitted by the Missouri Department of Natural
Resources on June 11, 1981.
(36) Revisions to Rule 10 CSR 10-5.340, Control of Emissions from
Rotogravure and Flexographic Printing Facilities, submitted on April 15,
1982, are approved as RACT.
(37) On April 15, 1982, the State of Missouri submitted a new Rule
10 CSR 10-6.060, Permits Required, and Amendments to Rule 10 CSR
10.6020, Definitions, involving the review and permitting of new sources
of air pollution. Included in the plan are provisions relating to the
attainment area (PSD) new source review. The plan also includes new
source review provisions of nonattainment areas in the State.
(38) Revisions to Rules 10 CSR 10-2.280 (Kansas City) and 10 CSR 10-
5.320 (St. Louis), both entitled Control of Emissions from
Perchloroethylene Dry Cleaning Installations, and 10 CSR 10-5.290, More
Restrictive Emission Limitations for Sulfur Dioxide and Particulate
Matter in the South St. Louis Area, submitted on July 13, 1982, are
approved.
(39) [Reserved]
(40) The 1982 carbon monoxide and ozone state implementation plan
revisions were submitted by the Department of Natural Resources on
December 23, 1982. A revised version of the 1982 carbon monoxide and
ozone plan was submitted by the Department of Natural Resources on
August 24, 1983. This version contained updated inventories, attainment
demonstrations and schedules to adopt rules. The submission included new
rule 10 CSR 10-5.360, Control of Emissions from Polyethylene Bag Sealing
Operations. (No action was taken with respect to provisions dealing with
control strategy demonstration, reasonable further progress and
inspection and maintenance of motor vehicles.)
(41) Revised rule 10 CSR 10-1.010, General Organization, was
submitted by the Missouri Department of Natural Resources on December
30, 1982.
(42) [Reserved]
(43) On March 26, 1984, the Missouri Department of Natural Resources
submitted a revision to the September 2, 1980, lead State Implementation
Plan pertaining to item 4 of the consent order for the St. Joe Lead
Company. The revision consists of a substitution of equivalent control
measures for item 4.
(44) A variance from Missouri Rule 10 CSR 10-3.050, Restriction of
Emission

[[Page 266]]

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

[[Page 267]]

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

[[Page 268]]

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

[[Page 269]]

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

[[Page 270]]

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

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

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

[[Page 273]]

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

[[Page 274]]

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

[[Page 275]]

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

[[Page 276]]

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

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

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

Sec. 52.1323 Approval status.

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

[[Page 277]]

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

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

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

[[Page 278]]

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

[37 FR 10876, May 31, 1972]

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

Sec. 52.1324 [Reserved]

Sec. 52.1325 Legal authority.

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

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

Sec. 52.1326 Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

(a)(1) The owner and operator of each source and each unit located
in the State of Missouri and for which requirements are set forth under
the TR NOX Annual Trading Program in subpart AAAAA of part 97
of this chapter must comply with such requirements. The obligation to
comply with such requirements will be eliminated by the promulgation of
an approval by the Administrator of a revision to Missouri's State
Implementation Plan (SIP) as correcting the SIP's deficiency that is

[[Page 279]]

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

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

Sec. 52.1327 Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

(a) The owner and operator of each source and each unit located in
the State of Missouri and for which requirements are set forth under the
TR SO2 Group 1 Trading Program in subpart CCCCC of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements will be eliminated by the promulgation of
an approval by the Administrator of a revision to Missouri's State
Implementation Plan (SIP) as correcting the SIP's deficiency that is the
basis for the TR Federal Implementation Plan under Sec. 52.39, except
to the extent the Administrator's approval is partial or conditional.
(b) Notwithstanding the provisions of paragraph (a) of this section,
if, at the time of the approval of Missouri's SIP revision described in
paragraph (a) of this section, the Administrator has already started
recording any allocations of TR SO2 Group 1 allowances under
subpart CCCCC of part 97 of this chapter to units in the State for a
control period in any year, the provisions of subpart CCCCC of part 97
of this chapter authorizing the Administrator to complete the allocation
and recordation of TR SO2 Group 1 allowances to units in the
State for each such control period shall continue to apply, unless
provided otherwise by such approval of the State's SIP revision.

[76 FR 48369, Aug. 8, 2011]

Sec. Sec. 52.1326-52.1334 [Reserved]

Sec. 52.1335 Compliance schedules.

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

[[Page 280]]

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

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

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

Note: X=Air Pollution Control Regulations for the St. Louis Metropolitan Area.

[39 FR 30835, Aug. 26, 1974]

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

[[Page 281]]

Sec. Sec. 52.1336-52.1338 [Reserved]

Sec. 52.1339 Visibility protection.

(a) The requirements of section 169A of the Clean Air Act are not
met because the plan does not include approvable procedures for
protection of visibility in mandatory Class I Federal areas.
(b) Long-term strategy. The provisions of Sec. 52.29 are hereby
incorporated into the applicable plan for the State of Missouri.
(c) Regional Haze. The requirements of section 169A of the Clean Air
Act are not met because the regional haze plan submitted by Missouri on
August 5, 2009, and supplemented on January 30, 2012, does not include
fully approvable measures for meeting the requirements of 40 CFR
51.308(d)(3) and 51.308(e) with respect to emissions of NOX
and SO2 from electric generating units. EPA has given limited
approval and limited disapproval to the plan provisions addressing these
requirements.
(d) Measures Addressing Limited Disapproval Associated With NOX. The
deficiencies associated with NOX identified in EPA's limited
disapproval of the regional haze plan submitted by Missouri on August 5,
2009, and supplemented on January 30, 2012, are satisfied by Sec.
52.1326.
(e) Measures Addressing Limited Disapproval Associated With SO2. The
deficiencies associated with SO2 identified in EPA's limited
disapproval of the regional haze plan submitted by Missouri on August 5,
2009, and supplemented on January 30, 2012, are satisfied by Sec.
52.1327.

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

Sec. 52.1340 Control strategy: Carbon monoxide.

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

[64 FR 3859, Jan. 26, 1999]

Sec. 52.1341 Control strategy: Particulate.

Determination of attainment. EPA has determined, as of May 23, 2011,
that the St. Louis (MO-IL) metropolitan 1997 PM2.5
nonattainment area has attained the 1997 PM2.5 NAAQS. This
determination, in accordance with 40 CFR 51.1004(c), suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, reasonable further
progress, contingency measures, and other plan elements related to
attainment of the standards for as long as the area continues to meet
the 1997 PM2.5 NAAQS. In addition, based upon EPA's review of
the air quality data for the 3-year period 2007 to 2009, the St. Louis
(MO-IL) PM2.5 nonattainment area has attained the 1997
PM2.5 NAAQS by the applicable attainment date of April 5,
2010.
[77 FR 38185, June 27, 2012]

Sec. 52.1342 Control strategy: Ozone.

(a) Determination of attainment. EPA has determined, as of June 9,
2011, that the St. Louis (MO-IL) metropolitan 1997 8-hour ozone
nonattainment area has attained the 1997 8-hour ozone NAAQS. This
determination, in accordance with 40 CFR 51.918, suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, reasonable further
progress, contingency measures, and other plan elements related to
attainment of the standards for as long as the area continues to meet
the 1997 Ozone NAAQS. In addition, based upon EPA's review of the air
quality data for the 3-year period 2007 to 2009, the St. Louis (MO-IL)
ozone nonattainment area has attained the 1997 8-hour ozone NAAQS by the
applicable attainment date of June 15, 2010.
(b) Approval. EPA is approving an April 20, 2011, request from the
State of Missouri for a waiver from the Clean Air Act requirement for
Oxides of Nitrogen (NOX) Reasonably Available Control
Technology (RACT) in the Missouri portion of the St. Louis (MO-IL)

[[Page 282]]

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

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

Subpart BB_Montana

Sec. 52.1370 Identification of plan.

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

[[Page 283]]

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

[[Page 284]]

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

[[Page 285]]

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

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

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

[[Page 288]]

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

[[Page 289]]

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

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

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

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

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

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

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

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

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

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

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

[[Page 300]]

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

[[Page 301]]

mineral crushers, and''; and 17.8.764, Administrative Amendment to
Permit, effective 12/27/2002.
(B) Administrative Rules of Montana, 17.8.745, Montana Air Quality
Permits--Exclusion for De Minimis Changes, effective 5/28/2010.
(73) On September 23, 2011, the State of Montana submitted new rules
to the Administrative Rules of Montana (ARM). The submittal included new
rules to ARM Chapter 17. The incorporation by reference in paragraphs
(i)(A) and (i)(B) reflect the new rules.
(i) Incorporation by reference.
(A) Administrative Rules of Montana: 17.8.1601, Definitions;
17.8.1602, Applicability and Coordination with Montana Air Quality
Permit Rules; 17.8.1603, Emission Control Requirements; 17.8.1604,
Inspection and Repair Requirements; 17.8.1605, Recordkeeping
Requirements; 17.8.1606, Delayed Effective Date; effective January 1,
2006.
(B) Administrative Rules of Montana: 17.8.1701, Definitions;
17.8.1702, Applicability; 17.8.1703, Registration Process and
Information; 17.8.1704, Registration Fee; 17.8.1705, Operating
Requirements: Facility-wide; 17.8.1710, Oil or Gas Well Facilities
General Requirements; 17.8.1711, Oil or Gas Well Facilities Emission
Control Requirements; 17.8.1712, Oil or Gas Well Facilities Inspection
and Repair Requirements; 17.8.1713, Oil or Gas Well Facilities
Recordkeeping and Reporting Requirements; effective April 7, 2006.

[37 FR 10877, May 31, 1972]

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

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

Sec. 52.1370 Identification of plan.

* * * * *

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

Sec. 52.1371 Classification of regions.

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

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

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

Sec. 52.1372 Approval status.

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

[45 FR 2036, Jan. 10, 1980]

[[Page 302]]

Sec. 52.1373 Control strategy: Carbon monoxide.

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

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

Sec. 52.1374 Control strategy: Particulate matter.

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

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

Sec. 52.1375 Control strategy: Lead.

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

[66 FR 55098, Nov. 1, 2001]

Sec. 52.1376 Extensions.

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

[61 FR 16062, Apr. 11, 1996]

Sec. 52.1377 [Reserved]

Sec. 52.1378 General requirements.

(a) The requirements of Sec. 51.116(c) of this chapter are not met
since the legal authority to provide for public availability of emission
data is inadequate.
(b) Regulation for public availability of emission data. (1) Any
person who cannot obtain emission data from the Agency responsible for
making emission data available to the public, as specified in the
applicable plan, concerning emissions from any source subject to
emission limitations which are part of the approved plan may request
that the appropriate Regional Administrator obtain and make public such
data. Within 30 days after receipt of any such written request, the
Regional Administrator shall require the owner or operator of any such
source to submit information within 30 days on the nature and amounts of
emissions from such source and any other information as may be deemed
necessary by the Regional Administrator to determine whether such source
is in compliance

[[Page 303]]

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

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

Sec. 52.1379 Legal authority.

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

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

Sec. Sec. 52.1380-52.1381 [Reserved]

Sec. 52.1382 Prevention of significant deterioration of air quality.

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

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

Sec. 52.1384 Emission control regulations.

(a) Administrative Rules of Montana 17.8.309(5)(b) and
17.8.310(3)(e) of the State's rule regulating fuel burning, which were
submitted by the Governor on April 14, 1999 and which allow terms of a
construction permit to override a requirement that has been approved as
part of the SIP, are disapproved. We cannot approve these provisions
into the SIP, as it would allow the State to change a SIP requirement
through the issuance of a permit. Pursuant to section 110 of the Act, to
change a requirement of the SIP, the State must adopt a SIP revision and
obtain our approval of the revision.
(b)(1) In 40 CFR 52.1370(c)(51), we incorporated by reference
several documents that comprise the East Helena Lead SIP. Sections
52.1370(c)(51)(i)(B) and (C) indicate that certain provisions of the
documents that were incorporated by reference were excluded.

[[Page 304]]

The excluded provisions of Sec. 52.1370(c)(51)(i)(B) and (C) are
disapproved. These provisions are disapproved because they do not
entirely conform to the requirement of section 110(a)(2) of the Act that
SIP limits must be enforceable, nor to the requirement of section 110(i)
that the SIP can be modified only through the SIP revision process. The
following phrases, words, or section in exhibit A of the stipulation
between the Montana Department of Environmental Quality (MDEQ) and
Asarco, adopted by order issued on June 26, 1996 by the Montana Board of
Environmental Review (MBER), are disapproved:
(i) The words, ``or an equivalent procedure'' in the second and
third sentences in section 2(A)(22) of exhibit A;
(ii) The words, ``or an equivalent procedure'' in the second and
third sentences in section 2(A)(28) of exhibit A;
(iii) The words, ``or an equivalent procedure'' in the second
sentence in section 5(G) of exhibit A;
(iv) The sentence, ``Any revised documents are subject to review and
approval by the Department as described in section 12,'' from section
6(E) of exhibit A;
(v) The words, ``or a method approved by the Department in
accordance with the Montana Source Testing Protocol and Procedures
Manual shall be used to measure the volumetric flow rate at each
location identified,'' in section 7(A)(2) of exhibit A;
(vi) The sentence, ``Such a revised document shall be subject to
review and approval by the Department as described in section 12,'' in
section 11(C) of exhibit A;
(vii) The sentences, ``This revised Attachment shall be subject to
the review and approval procedures outlined in Section 12(B). The
Baghouse Maintenance Plan shall be effective only upon full approval of
the plan, as revised. This approval shall be obtained from the
Department by January 6, 1997. This deadline shall be extended to the
extent that the Department has exceeded the time allowed in section
12(B) for its review and approval of the revised document,'' in section
12(A)(7) of exhibit A; and
(viii) Section 12(B) of exhibit A.
(2) Paragraphs 15 and 16 of the stipulation by the MDEQ and Asarco
adopted by order issued on June 26, 1996 by the MBER are disapproved.
Paragraph 20 of the stipulation by the MDEQ and American Chemet adopted
by order issued on August 4, 1995 by the MBER is disapproved.
(c) Administrative Rules of Montana 17.8.324(1)(c) and 2(d)
(formerly ARM 16.8.1425(1)(c) and (2)(d)) of the State's rule regulating
hydrocarbon emissions from petroleum products, which were submitted by
the Governor on May 17, 1994 and later recodified with a submittal by
the Governor on September 19, 1997, and which allow the discretion by
the State to allow different equipment than that required by this rule,
are disapproved. Such discretion cannot be allowed without requiring EPA
review and approval of the alternative equipment to ensure that it is
equivalent in efficiency to that equipment required in the approved SIP.
(d) In Sec. 52.1370(c)(46), we approved portions of the Billings/
Laurel Sulfur Dioxide SIP and incorporated by reference several
documents. This paragraph identifies those portions of the Billings/
Laurel SO2 SIP that have been disapproved.
(1) In Sec. 52.1370(c)(46)(i)(A) through (G), certain provisions of
the documents incorporated by reference were excluded. The following
provisions that were excluded by Sec. 52.1370(c)(46)(i)(A) through (G)
are disapproved. We cannot approve these provisions because they do not
conform to the requirements of the Clean Air Act:
(i) The following paragraph and portions of sections of the
stipulation and exhibit A between the Montana Department of
Environmental Quality and Cenex Harvest Cooperatives adopted by Board
Order issued on June 12, 1998, by the Montana Board of Environmental
Review:
(A) Paragraph 20 of the stipulation;
(B) The following phrase from section 3(B)(2) of exhibit A: ``or in
the flare''; and
(C) The following phrases in section 4(D) of exhibit A: ``or in the
flare'' and ``or the flare.''
(ii) Paragraph 20 of the stipulation between the Montana Department
of Environmental Quality and Conoco,

[[Page 305]]

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

[[Page 306]]

cannot approve this rule into the SIP because it is inconsistent with
the Act (e.g., sections 110(a) and 110(l)), prior rulemakings and our
guidance.

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

Sec. Sec. 52.1385-52.1386 [Reserved]

Sec. 52.1387 Visibility protection.

[52 FR 45138, Nov. 24, 1987]

Sec. 52.1388 Stack height regulations.

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

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

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

Sec. 52.1389 [Reserved]

Sec. 52.1390 Missoula variance provision.

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

[59 FR 64139, Dec. 13, 1994]

Sec. 52.1391 Emission inventories.

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

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

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

(a) Applicability. This section applies to the owner(s) or
operator(s), including any new owner(s) or operator(s) in the event of a
change in ownership or operation, of the following facilities in the
Billings/Laurel, Montana area: CHS Inc. Petroleum Refinery, Laurel
Refinery, 803 Highway 212 South, Laurel, MT; ConocoPhillips Petroleum
Refinery, Billings Refinery, 401 South 23rd St., Billings, MT;
ExxonMobil Petroleum Refinery, 700 Exxon Road, Billings, MT; and Montana
Sulphur & Chemical Company, 627 Exxon Road, Billings, MT.
(b) Scope. The facilities listed in paragraph (a) of this section
are also subject to the Billings/Laurel SO2 SIP, as approved
at 40 CFR 52.1370(c)(46) and (52). In cases where the provisions of

[[Page 307]]

this FIP address emissions activities differently or establish a
different requirement than the provisions of the approved SIP, the
provisions of this FIP take precedence.
(c) Definitions. For the purpose of this section, we are defining
certain words or initials as described in this paragraph. Terms not
defined below that are defined in the Clean Air Act or regulations
implementing the Clean Air Act, shall have the meaning set forth in the
Clean Air Act or such regulations.
(1) Aliquot means a fractional part of a sample that is an exact
divisor of the whole sample.
(2) Annual Emissions means the amount of SO2 emitted in a
calendar year, expressed in pounds per year rounded to the nearest
pound, where:

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

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

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

(7) EPA means the United States Environmental Protection Agency.
(8) Exhibit means for a given facility named in paragraph (a) of
this section, exhibit A to the stipulation of the Montana Department of
Environmental Quality and that facility, adopted by the Montana Board of
Environmental Review on either June 12, 1998, or March 17, 2000.
(9) 1998 Exhibit means for a given facility named in paragraph (a)
of this section, the exhibit adopted by the Montana Board of
Environmental Review on June 12, 1998.
(10) 2000 Exhibit means for a given facility named in paragraph (a)
of this section, the exhibit adopted by the Montana Board of
Environmental Review on March 17, 2000.
(11) Flare means a combustion device that uses an open flame to burn
combustible gases with combustion air provided by uncontrolled ambient
air around the flame. This term includes both ground and elevated
flares.
(12) The initials Hg mean mercury.
(13) Hourly means or refers to each clock hour in a calendar day.
(14) Hourly Average means an arithmetic average of all valid and
complete 15-minute data blocks in a clock hour. Four (4) valid and
complete 15-minute data blocks are required to determine an hourly
average for each CEMS per clock hour.
Exclusive of the above definition, an hourly CEMS average may be
determined with two (2) valid and complete 15-minute data blocks, for
two (2) of the 24 hours in any calendar day. A complete 15-minute data
block for each CEMS shall have a minimum of one (1) data point value;
however, each CEMS shall be operated such that all valid data points
acquired in any 15-minute block shall be used to determine the 15-minute
block's reported concentration and flow rate.
(15) Hourly Emissions means the pounds per clock hour of
SO2 emissions from a source (including, but not limited to, a
flare, stack, fuel oil system, sour water system, or fuel gas system)
determined using hourly averages and rounded to the nearest tenth (\1/
10\) of a pound.
(16) The initials H2S mean hydrogen sulfide.
(17) Integrated sampling means an automated method of obtaining a
sample from the gas stream to the flare that produces a composite sample
of individual aliquots taken over time.
(18) The initials MBER mean the Montana Board of Environmental
Review.

[[Page 308]]

(19) The initials MDEQ mean the Montana Department of Environmental
Quality.
(20) The initials mm mean millimeters.
(21) The initials MSCC mean the Montana Sulphur & Chemical Company.
(22) Pilot gas means the gas used to maintain the presence of a
flame for ignition of gases routed to a flare.
(23) Purge gas means a continuous gas stream introduced into a flare
header, flare stack, and/or flare tip for the purpose of maintaining a
positive flow that prevents the formation of an explosive mixture due to
ambient air ingress.
(24) The initials ppm mean parts per million.
(25) The initials SCFH mean standard cubic feet per hour.
(26) The initials SCFM mean standard cubic feet per minute.
(27) Standard Conditions means (a) 20 ]C (293.2 ]K, 527.7 ]R, or
68.0 ]F) and one (1) atmosphere pressure (29.92 inches Hg or 760 mm Hg)
for stack and flare gas emission calculations, and (b) 15.6 ]C (288.7
]K, 520.0 ]R, or 60.3 ]F) and one (1) atmosphere pressure (29.92
inches Hg or 760 mm Hg) for refinery fuel gas emission calculations.
(28) The initials SO2 mean sulfur dioxide.
(29) The initials SWS mean sour water stripper.
(30) The term 3-hour emissions means the amount of SO2
emitted in each of the eight (8) non-overlapping 3-hour periods in a
calendar day, expressed in pounds and rounded to the nearest tenth (\1/
10\) of a pound, where:

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

(31) The term 3-hour period means any of the eight (8) non-
overlapping 3-hour periods in a calendar day: Midnight to 3 a.m., 3 a.m.
to 6 a.m., 6 a.m. to 9 a.m., 9 a.m. to noon, noon to 3 p.m., 3 p.m. to 6
p.m., 6 p.m. to 9 p.m., 9 p.m. to midnight.
(32) Turnaround means a planned activity involving shutdown and
startup of one or several process units for the purpose of performing
periodic maintenance, repair, replacement of equipment, or installation
of new equipment.
(33) Valid means data that are obtained from a monitor or meter
serving as a component of a CEMS which meets the applicable
specifications, operating requirements, and quality assurance and
control requirements of section 6 of ConocoPhillips', CHS Inc.'s,
ExxonMobil's, and MSCC's 1998 exhibits, respectively, and this section.
(d) CHS Inc. emission limits and compliance determining methods.
(1) Introduction. The provisions for CHS Inc. cover the following
units:
(i) The flare.
(ii) Combustion sources, which consist of those sources identified
in the combustion sources emission limit in section 3(A)(1)(d) of CHS
Inc.'s 1998 exhibit.
(2) Flare requirements.
(i) Emission limit. The total emissions of SO2 from the
flare shall not exceed 150.0 pounds per 3-hour period.
(ii) Compliance determining method. Compliance with the emission
limit in paragraph (d)(2)(i) of this section shall be determined in
accordance with paragraph (h) of this section.
(3) Combustion sources.
(i) Restrictions. Sour water stripper overheads (ammonia
(NH3) and H2S gases removed from the sour water in
the sour water stripper) shall not be burned in the main crude heater.
At all times, CHS Inc. shall keep a chain and lock on the valve that
supplies sour water stripper overheads from the old sour water stripper
to the main crude heater and shall keep such valve closed.
(ii) Compliance determining method. CHS Inc. shall log and report
any noncompliance with the requirements of paragraph (d)(3)(i) of this
section.
(4) Data reporting requirements.
(i) CHS Inc. shall submit quarterly reports beginning with the first
calendar quarter following May 21, 2008. The quarterly reports shall be
submitted within 30 days of the end of each calendar quarter. The
quarterly reports shall be submitted to EPA at the following address:
Air Program Contact, EPA Montana Operations Office, Federal Building, 10
West 15th Street, Suite 3200, Helena, MT 59626.

[[Page 309]]

The quarterly report shall be certified for accuracy in writing by a
responsible CHS Inc. official. The quarterly report shall consist of
both a comprehensive electronic-magnetic report and a written hard copy
data summary report.
(ii) The electronic report shall be on magnetic or optical media,
and such submittal shall follow the reporting format of electronic data
being submitted to the MDEQ. EPA may modify the reporting format
delineated in this section, and, thereafter, CHS Inc. shall follow the
revised format. In addition to submitting the electronic quarterly
reports to EPA, CHS Inc. shall also record, organize, and archive for at
least five (5) years the same data, and upon request by EPA, CHS Inc.
shall provide EPA with any data archived in accordance with this
provision. The electronic report shall contain the following:
(A) Hourly average total sulfur concentrations as H2S or
SO2 in ppm in the gas stream to the flare;
(B) Hourly average H2S concentrations of the flare pilot
and purge gases in ppm;
(C) Hourly average volumetric flow rates in SCFH of the gas stream
to the flare;
(D) Hourly average volumetric flow rates in SCFH of the flare pilot
and purge gases;
(E) Hourly average temperature (in ]F) and pressure (in mm or
inches of Hg) of the gas stream to the flare;
(F) Hourly emissions from the flare in pounds per clock hour; and
(G) Daily calibration data for all flare, pilot gas, and purge gas
CEMS.
(iii) The quarterly written report shall contain the following
information:
(A) The 3-hour emissions in pounds per 3-hour period from each
flare;
(B) Periods in which only natural gas or an inert gas was used as
flare pilot gas or purge gas or both;
(C) The results of all quarterly Cylinder Gas Audits (CGA), Relative
Accuracy Audits (RAA), and annual Relative Accuracy Test Audits (RATA)
for all total sulfur analyzer(s) and H2S analyzer(s), and the
results of all annual calibrations and verifications for the volumetric
flow, temperature, and pressure monitors;
(D) For all periods of flare volumetric flow rate monitoring system
or total sulfur analyzer system downtime, flare pilot gas or purge gas
volumetric flow or H2S analyzer system downtime, or failure
to obtain or analyze a grab or integrated sample, the written report
shall identify:
(1) Dates and times of downtime or failure;
(2) Reasons for downtime or failure;
(3) Corrective actions taken to mitigate downtime or failure; and
(4) The other methods, approved by EPA in the flare monitoring plan
required by paragraph (h)(5) of this section, used to determine flare
emissions;
(E) For all periods that the range of the flare or any pilot or
purge gas volumetric flow rate monitor(s), any flare total sulfur
analyzer(s), or any pilot or purge gas H2S analyzer(s) is
exceeded, the written report shall identify:
(1) Date and time when the range of the volumetric flow monitor(s),
total sulfur analyzer(s), or H2S analyzer(s) was exceeded;
and
(2) The other methods, approved by EPA in the flare monitoring plan
required by paragraph (h)(5) of this section, used to determine flare
emissions;
(F) For all periods that the flare volumetric flow monitor or
monitors are recording flow, yet any Flare Water Seal Monitoring Device
indicates there is no flow, the written report shall identify:
(1) Date, time, and duration when the flare volumetric flow
monitor(s) recorded flow, yet any Flare Water Seal Monitoring Device
indicated there was no flow;
(G) For each 3-hour period in which the flare emission limit is
exceeded, the written report shall identify:
(1) The date, start time, and end time of the excess emissions;
(2) Total hours of operation with excess emissions, the hourly
emissions, and the 3-hour emissions;
(3) All information regarding reasons for operating with excess
emissions; and
(4) Corrective actions taken to mitigate excess emissions;

[[Page 310]]

(H) The date and time of any noncompliance with the requirements of
paragraph (d)(3)(i) of this section; and
(I) When no excess emissions have occurred or the continuous
monitoring system(s) or manual system(s) have not been inoperative,
repaired, or adjusted, such information shall be stated in the report.
(e) ConocoPhillips emission limits and compliance determining
methods.
(1) Introduction. The provisions for ConocoPhillips cover the
following units:
(i) The main flare, which consists of two flares--the north flare
and the south flare--that are operated on alternating schedules. These
flares are referred to herein as the north main flare and south main
flare, or generically as the main flare.
(ii) The Jupiter Sulfur SRU flare, which is the flare at Jupiter
Sulfur, ConocoPhillips' sulfur recovery unit.
(2) Flare requirements.
(i) Emission limits.
(A) Combined emissions of SO2 from the main flare (which
can be emitted from either the north or south main flare, but not both
at the same time) shall not exceed 150.0 pounds per 3-hour period.
(B) Emissions of SO2 from the Jupiter Sulfur SRU flare
and the Jupiter Sulfur SRU/ATS stack (also referred to as the Jupiter
Sulfur SRU stack) shall not exceed 75.0 pounds per 3-hour period, 600.0
pounds per calendar day, and 219,000 pounds per calendar year.
(ii) Compliance determining method.
(A) Compliance with the emission limit in paragraph (e)(2)(i)(A) of
this section shall be determined in accordance with paragraph (h) of
this section. In the event that a single monitoring location cannot be
used for both the north and south main flare, ConocoPhillips shall
monitor the flow and measure the total sulfur concentration at more than
one location in order to determine compliance with the main flare
emission limit. ConocoPhillips shall log and report any instances when
emissions are vented from the north main flare and south main flare
simultaneously.
(B) Compliance with the emission limits and requirements in
paragraph (e)(2)(i)(B) of this section shall be determined by summing
the emissions from the Jupiter Sulfur SRU flare and SRU/ATS stack.
Emissions from the Jupiter Sulfur SRU flare shall be determined in
accordance with paragraph (h) of this section and the emissions from the
Jupiter Sulfur SRU/ATS stack shall be determined pursuant to
ConocoPhillips' 1998 exhibit (see section 4(A) of the exhibit).
(3) Data reporting requirements.
(i) ConocoPhillips shall submit quarterly reports on a calendar year
basis, beginning with the first calendar quarter following May 21, 2008.
The quarterly reports shall be submitted within 30 days of the end of
each calendar quarter. The quarterly reports shall be submitted to EPA
at the following address: Air Program Contact, EPA Montana Operations
Office, Federal Building, 10 West 15th Street, Suite 3200, Helena, MT
59626.
The quarterly report shall be certified for accuracy in writing by a
responsible ConocoPhillips official. The quarterly report shall consist
of both a comprehensive electronic-magnetic report and a written hard
copy data summary report.
(ii) The electronic report shall be on magnetic or optical media,
and such submittal shall follow the reporting format of electronic data
being submitted to the MDEQ. EPA may modify the reporting format
delineated in this section, and, thereafter, ConocoPhillips shall follow
the revised format. In addition to submitting the electronic quarterly
reports to EPA, ConocoPhillips shall also record, organize, and archive
for at least five (5) years the same data, and upon request by EPA,
ConocoPhillips shall provide EPA with any data archived in accordance
with this provision. The electronic report shall contain the following:
(A) Hourly average total sulfur concentrations as H2S or
SO2 in ppm in the gas stream to the ConocoPhillips main flare
and Jupiter Sulfur SRU flare;
(B) Hourly average H2S concentrations of the
ConocoPhillips main flare and Jupiter Sulfur SRU flare pilot and purge
gases in ppm;
(C) Hourly average volumetric flow rates in SCFH of the gas streams
to the

[[Page 311]]

ConocoPhillips main flare and Jupiter Sulfur SRU flare;
(D) Hourly average volumetric flow rates in SCFH of the
ConocoPhillips main flare and Jupiter Sulfur SRU flare pilot and purge
gases;
(E) Hourly average temperature (in ]F) and pressure (in mm or
inches of Hg) of the gas streams to the ConocoPhillips main flare and
Jupiter Sulfur SRU flare;
(F) Hourly emissions in pounds per clock hour from the
ConocoPhillips main flare and Jupiter Sulfur SRU flare; and
(G) Daily calibration data for all flare, pilot gas, and purge gas
CEMS.
(iii) The quarterly written report shall contain the following
information:
(A) The 3-hour emissions in pounds per 3-hour period from the
ConocoPhillips main flare and the sum of the combined 3-hour emissions
from the Jupiter Sulfur SRU/ATS stack and Jupiter Sulfur SRU flare in
pounds per 3-hour period;
(B) Periods in which only natural gas or an inert gas was used as
flare pilot gas or purge gas or both;
(C) The results of all quarterly Cylinder Gas Audits (CGA), Relative
Accuracy Audits (RAA), and annual Relative Accuracy Test Audits (RATA)
for all total sulfur analyzer(s) and H2S analyzer(s), and the
results of all annual calibrations and verifications for the volumetric
flow, temperature, and pressure monitors;
(D) For all periods of flare volumetric flow rate monitoring system
or total sulfur analyzer system downtime, flare pilot gas or purge gas
volumetric flow or H2S analyzer system downtime, or failure
to obtain or analyze a grab or integrated sample, the written report
shall identify:
(1) Dates and times of downtime or failure;
(2) Reasons for downtime or failure;
(3) Corrective actions taken to mitigate downtime or failure; and
(4) The other methods, approved by EPA in the flare monitoring plan
required by paragraph (h)(5) of this section, used to determine flare
emissions;
(E) For all periods that the range of the flare or any pilot or
purge gas volumetric flow rate monitor(s), any flare total sulfur
analyzer(s), or any pilot or purge gas H2S analyzer(s) is
exceeded, the written report shall identify:
(1) Date and time when the range of the volumetric flow monitor(s),
total sulfur analyzer(s), or H2S analyzer(s) was exceeded,
and
(2) The other methods, approved by EPA in the flare monitoring plan
required by paragraph (h)(5) of this section, used to determine flare
emissions;
(F) For all periods that the flare volumetric flow monitor or
monitors are recording flow, yet any Flare Water Seal Monitoring Device
indicates there is no flow, the written report shall identify:
(1) Date, time, and duration when the flare volumetric flow
monitor(s) recorded flow, yet any Flare Water Seal Monitoring Device
indicated there was no flow;
(G) Identification of dates, times, and duration of any instances
when emissions were vented from the north and south main flares
simultaneously;
(H) For each 3-hour period in which a flare emission limit is
exceeded, the written report shall identify:
(1) The date, start time, and end time of the excess emissions;
(2) Total hours of operation with excess emissions, the hourly
emissions, and the 3-hour emissions;
(3) All information regarding reasons for operating with excess
emissions; and
(4) Corrective actions taken to mitigate excess emissions; and
(I) When no excess emissions have occurred or the continuous
monitoring system(s) or manual system(s) have not been inoperative,
repaired, or adjusted, such information shall be stated in the report.
(f) ExxonMobil emission limits and compliance determining methods.
(1) Introduction. The provisions for ExxonMobil cover the following
units:
(i) The Primary process flare and the Turnaround flare. The Primary
process flare is the flare normally used by ExxonMobil. The Turnaround
flare is the flare ExxonMobil uses for about 30 to 40 days every 5 to 6
years when the facility's major SO2 source, the fluid
catalytic cracking unit, is not normally operating.

[[Page 312]]

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

Equation 1: EH = K * CH * QH

Where:

EH = Refinery fuel gas combustion hourly emissions in pounds
per hour, rounded to the nearest tenth of a pound;

[[Page 313]]

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

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

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

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

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is no flow, the written report shall identify:
(1) Date, time, and duration when the flare volumetric flow
monitor(s) recorded flow, yet any Flare Water Seal Monitoring Device
indicated there was no flow;
(I) For each 3-hour period and calendar day in which the flare
emission limits, the Coker CO Boiler stack emission limits, or the fuel
gas combustion system emission limits are exceeded, the written report
shall identify:
(1) The date, start time, and end time of the excess emissions;
(2) Total hours of operation with excess emissions, the hourly
emissions, the 3-hour emissions, and the daily emissions;
(3) All information regarding reasons for operating with excess
emissions; and
(4) Corrective actions taken to mitigate excess emissions; and
(J) When no excess emissions have occurred or the continuous
monitoring system(s) or manual system(s) have not been inoperative,
repaired, or adjusted, such information shall be stated in the report.
(g) Montana Sulphur & Chemical Company (MSCC) emission limits and
compliance determining methods.
(1) Introduction. The provisions for MSCC cover the following units:
(i) The flares, which consist of the 80-foot west flare, 125-foot
east flare, and 100-meter flare.
(ii) The SRU 100-meter stack.
(iii) The auxiliary vent stacks and the units that can exhaust
through the auxiliary vent stacks, which consist of the Railroad Boiler,
the H-1 Unit, the H1-A unit, the H1-1 unit and the H1-2 unit.
(iv) The SRU 30-meter stack and the units that can exhaust through
the SRU 30-meter stack. The units that can exhaust through the SRU 30-
meter stack are identified in section 3(A)(2)(d) and (e) of MSCC's 1998
exhibit.
(2) Flare requirements.
(i) Emission limit. Total combined emissions of SO2 from
the 80-foot west flare, 125-foot east flare, and 100-meter flare shall
not exceed 150.0 pounds per 3-hour period.
(ii) Compliance determining method. Compliance with the emission
limit in paragraph (g)(2)(i) of this section shall be determined in
accordance with paragraph (h) of this section. In the event MSCC cannot
monitor all three flares from a single location, MSCC shall establish
multiple monitoring locations.
(3) SRU 100-meter stack requirements.
(i) Emission limits. Emissions of SO2 from the SRU 100-
meter stack shall not exceed:
(A) 2,981.7 pounds per 3-hour period;
(B) 23,853.6 pounds per calendar day; and
(C) 9,088,000 pounds per calendar year.
(ii) Compliance determining method.
(A) Compliance with the emission limits contained in paragraph
(g)(3)(i) of this section shall be determined by the CEMS and emission
testing methods required by sections 6(B)(1) and (2) and section 5,
respectively, of MSCC's 1998 exhibit.
(B) MSCC shall notify EPA in writing of each annual source test a
minimum of 25 working days prior to actual testing.
(C) The CEMS referenced in paragraph (g)(3)(ii)(A) of this section
shall achieve a temporal sampling resolution of at least one (1)
concentration and flow rate measurement per minute, meet the
requirements expressed in the definition of ``hourly average'' in
paragraph (c)(14) of this section, and meet the ``CEM Performance
Specifications'' in sections 6(C) and (D) of MSCC's 1998 exhibit, except
that MSCC shall also notify EPA in writing of each annual Relative
Accuracy Test Audit at least 25 working days prior to actual testing.
(4) Auxiliary vent stacks.
(i) Emission limits.
(A) Total combined emissions of SO2 from the auxiliary
vent stacks shall not exceed 12.0 pounds per 3-hour period;
(B) Total combined emissions of SO2 from the auxiliary
vent stacks shall not exceed 96.0 pounds per calendar day;
(C) Total combined emissions of SO2 from the auxiliary
vent stacks shall not exceed 35,040 pounds per calendar year; and
(D) The H2S concentration in the fuel burned in the
Railroad Boiler, the H-1 Unit, the H1-A unit, the H1-1 unit, and

[[Page 316]]

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

[[Page 317]]

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

[[Page 318]]

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

[[Page 319]]

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

[[Page 320]]

that will allow for accurate measurements of the total volume of the
gas. Gas flow rate monitor accuracy determinations shall be required at
least once every 48 months or more frequently at routine refinery turn-
around. In cases when the flow monitoring device or devices are not
working or the range of the monitoring device(s) is exceeded, other
methods approved by EPA in the flare monitoring plan required by
paragraph (h)(5) of this section shall be used to determine volumetric
flow of the gas which shall then be used to calculate SO2
emissions. In quarterly reports, sources shall indicate when other
methods are used; or
(B) Use parameters and methods approved by EPA in the flare
monitoring plan required by paragraph (h)(5) of this section to
calculate the volumetric flows of the gas, in SCFH.
(3) Flare concentration monitoring:
(i) Within 365 days after receiving EPA approval of the flare
monitoring plan required by paragraph (h)(5) of this section, each
facility named in paragraph (a) of this section shall determine the
total sulfur concentration of the gas stream to the flare(s) using
either continuous total sulfur analyzers or grab or integrated sampling
with lab analysis, as described in the following paragraphs:
(A) Continuous total sulfur concentration monitoring. If a facility
chooses to use continuous total sulfur concentration monitoring, the
following requirements apply:
(1) The facility shall install and calibrate, and, thereafter,
calibrate, maintain and operate, a continuous total sulfur concentration
monitoring system capable of measuring the total sulfur concentration of
the gas stream to each flare. Continuous monitoring shall occur at a
location or locations that are representative of the gas combusted in
the flare and be capable of measuring the normally expected range of
total sulfur in the gas stream to the flare. The concentration
monitoring system shall require more than one concentration monitoring
device or concentration measurements at more than one location if one
monitor cannot measure the total sulfur concentration to each flare.
Total sulfur concentration shall be reported as H2S or
SO2 in ppm. In cases when the total sulfur analyzer or
analyzers are not working or the concentration of the total sulfur
exceeds the range of the analyzer(s), other methods, approved by EPA in
the flare monitoring plan required by paragraph (h)(5) of this section,
shall be used to determine total sulfur concentrations, which shall then
be used to calculate SO2 emissions. In quarterly reports,
sources shall indicate when these other methods are used.
(2) The total sulfur analyzer(s) shall achieve a temporal sampling
resolution of at least one (1) concentration measurement per 15 minutes,
meet the requirements expressed in the definition of ``hourly average''
in paragraph (c)(14) of this section, be installed, certified (on a
concentration basis), and operated in accordance with 40 CFR part 60,
Appendix B, Performance Specification 5, and be subject to and meet the
quality assurance and quality control requirements (on a concentration
basis) of 40 CFR part 60, Appendix F.
(3) Each affected facility named in paragraph (a) of this section
shall notify the Air Program Contact at EPA's Montana Operations Office,
Federal Building, 10 West 15th Street, Suite 3200, Helena, MT 59626, in
writing of each Relative Accuracy Test Audit a minimum of 25 working
days prior to the actual testing.
(B) Grab or integrated total sulfur concentration monitoring: If a
facility chooses grab or integrated sampling instead of continuous total
sulfur concentration monitoring, the facility shall comply with the
methods specified in either paragraph (h)(3)(i)(B)(1) (``Grab
Sampling'') or (h)(3)(B)(i)(B)(2) (``Integrated Sampling''), and the
requirements of paragraphs (h)(3)(i)(B)(3) (``Sample Analysis''),
(h)(3)(i)(B)(4) (``Exemptions''), and (h)(3)(i)(B)(5) (``Missing or
Unanalyzed Sample'') of this section, as follows:
(1) Grab Sampling. Each facility that chooses to use grab sampling
shall meet the following requirements: if the flow rate of the gas
stream to the flare in any consecutive 15-minute period continuously
exceeds 0.5 feet per second (fps) and the water seal monitoring device,
if any, indicates that flow is

[[Page 321]]

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

[[Page 322]]

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

[[Page 323]]

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

[[Page 324]]

(1) In response to an action to enforce the emission limits in
paragraphs (d)(2)(i), (e)(2)(i), (f)(2)(i), and (g)(2)(i) of this
section, owners and/or operators of the facilities named in paragraph
(a) of this section may assert an affirmative defense to a claim for
civil penalties for exceedances of such limits during periods of
malfunction, startup, or shutdown. To establish the affirmative defense
and to be relieved of a civil penalty in any action to enforce such a
limit, the owner or operator of the facility must meet the notification
requirements of paragraph (i)(2) of this section in a timely manner and
prove by a preponderance of evidence that:
(i) For claims of malfunction:
(A) The excess emissions were caused by a sudden, unavoidable
breakdown of equipment, or a sudden, unavoidable failure of a process to
operate in the normal or usual manner, beyond the control of the owner
or operator;
(B) The excess emissions:
(1) Did not stem from any activity or event that could have been
foreseen and avoided, or planned for; and
(2) Could not have been avoided by better operation and maintenance
practices;
(C) Repairs were made as expeditiously as possible when the
applicable emission limitations were being exceeded. Off-shift and
overtime labor were used, to the extent practicable;
(D) The amount and duration of the excess emissions (including any
bypass) were minimized to the maximum extent practicable during periods
of such emissions;
(ii) For claims of startup or shutdown:
(A) All or a portion of the facility was in startup or shutdown
mode, resulting in the need to route gases to the flare;
(B) The periods of excess emissions that occurred during startup and
shutdown were short and infrequent and could not have been prevented
through careful planning and design or better operation and maintenance
practices; and
(C) The frequency and duration of operation in startup or shutdown
mode were minimized to the maximum extent practicable;
(iii) For claims of malfunction, startup, or shutdown:
(A) If the excess emissions resulted from a bypass of control
equipment or a process, then the bypass was unavoidable to prevent loss
of life, personal injury, or severe property damage;
(B) All possible steps were taken to minimize the impact of the
excess emissions on ambient air quality;
(C) All emissions monitoring systems were kept in operation if at
all possible;
(D) The owner or operator's actions in response to the excess
emissions were documented by properly signed, contemporaneous operating
logs;
(E) The excess emissions were not part of a recurring pattern
indicative of inadequate design, operation, or maintenance;
(F) At all times, the facility was operated in a manner consistent
with good practices for minimizing emissions; and
(G) During the period of excess emissions, there were no exceedances
of the SO2 NAAQS that could be attributed to the emitting
source.
(2) Notification. The owner or operator of the facility experiencing
an exceedance of its flare emission limit(s) during startup, shutdown,
or malfunction shall notify EPA verbally as soon as possible, but no
later than noon of EPA's next working day, and shall submit written
notification to EPA within 30 days of the initial occurrence of the
exceedance. The written notification shall explain whether and how the
elements set forth in paragraph (i)(1) of this section were met, and
include all supporting documentation.
(3) Injunctive relief. The Affirmative Defense Provisions contained
in paragraph (i)(1) of this section shall not be available to claims for
injunctive relief.
(j) Incorporation by reference. (1) The materials listed in this
paragraph are incorporated by reference in the corresponding paragraphs
noted. These incorporations by reference are approved by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. These materials are incorporated as they exist on the date of the
approval, and notice of any change in these materials will be

[[Page 325]]

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

[73 FR 21454, Apr. 21, 2008]

Sec. 52.1393 Interstate transport requirements.

(a) The State of Montana added the Interstate Transport Rule
Declaration to the State SIP, State of Montana Air Quality Control
Implementation Plan, Volume I, Chapter 9, to satisfy the requirements of
Clean Air Act Section 110(a)(2)(D)(i) for the 8-hour ozone and
PM2.5 NAAQS promulgated in July 1997. The Montana Interstate
Transport Rule Declaration, adopted and effective on the same date of
February 12, 2007, was submitted to EPA on April 16, 2007. The April 16,
2007 Governor's letter included as an attachment a set of dated
replacement pages for the Montana Interstate Transport Rule Declaration.
The new set of pages were sent as replacement for the set of undated
pages submitted earlier with the February 12, 2007 Record of Adoption
package. In a May 10, 2007 e-mail to Domenico Mastrangelo, EPA, Debra
Wolfe, of the Montana Department of Environmental Quality, confirmed
February 12, 2007 as the adoption/effective date for the Montana
Interstate Transport Rule Declaration.
(b) On February 10, 2010, Montana Governor Brian Schweitzer
submitted a letter certifying, in part, that Montana's SIP is adequate
to meet the interstate transport requirements of CAA section
110(a)(2)(D)(i)(I) for the 2006 PM2.5 NAAQS.

[73 FR 10154, Feb. 26, 2008, as amended at 78 FR 45871, July 30, 2013]

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

(a) On December 22, 2009, David L. Klemp, Bureau Chief, Air
Resources Management Bureau, of the Montana Department of Environmental
Quality submitted a certification letter which provides the State of
Montana's SIP provisions which meet the requirements of CAA Section
110(a)(1) and (2) relevant to the 1997 Ozone NAAQS.
(b) On February 10, 2010, Brian Schweitzer, Governor, State of
Montana, submitted a certification letter which provides the State of
Montana's SIP provisions which meet the requirements of CAA section
110(a)(1) and (2), elements (A), (B), (C) with respect to the
requirement to have a minor NSR program that addresses PM2.5;
(E)(i), (E)(iii), (F), (G), (H), (J) with respect to the requirements of
sections 121 and 127, (K), (L), and (M).

[76 FR 43923, July 22, 2011, as amended at 78 FR 45866, July 30, 2013]

Sec. 52.1395 Smoke management plan.

The Department considers smoke management techniques for agriculture
and forestry management burning purposes as set forth in 40 CFR
51.308(d)(3)(v)(E). The Department considers the visibility impact of
smoke

[[Page 326]]

when developing, issuing, or conditioning permits and when making
dispersion forecast recommendations through the implementation of Title
17, Chapter 8, subchapter 6, ARM, Open Burning.

[77 FR 57915, Sept. 18, 2012]

Sec. 52.1396 Federal implementation plan for regional haze.

(a) Applicability. This section applies to each owner and operator
of the following coal fired electric generating units (EGUs) in the
State of Montana: PPL Montana, LLC, Colstrip Power Plant, Units 1, 2;
and PPL Montana, LLC, JE Corette Steam Electric Station. This section
also applies to each owner and operator of cement kilns at the following
cement production plants: Ash Grove Cement, Montana City Plant; and
Holcim (US) Inc. Cement, Trident Plant. This section also applies to
each owner or operator of Blaine County 1 Compressor Station.
This section also applies to each owner and operator of CFAC and M2
Green Redevelopment LLC, Missoula site.
(b) Definitions. Terms not defined below shall have the meaning
given them in the Clean Air Act or EPA's regulations implementing the
Clean Air Act. For purposes of this section:
Boiler operating day means a 24-hour period between 12 midnight and
the following midnight during which any fuel is combusted at any time in
the EGU. It is not necessary for fuel to be combusted for the entire 24-
hour period.
Continuous emission monitoring system or CEMS means the equipment
required by this section to sample, analyze, measure, and provide, by
means of readings recorded at least once every 15 minutes (using an
automated data acquisition and handling system (DAHS)), a permanent
record of SO2 or NOX emissions, other pollutant
emissions, diluent, or stack gas volumetric flow rate.
Kiln operating day means a 24-hour period between 12 midnight and
the following midnight during which the kiln operates.
NOX means nitrogen oxides.
Owner/operator means any person who owns or who operates, controls,
or supervises an EGU identified in paragraph (a) of this section.
PM means filterable total particulate matter.
SO2 means sulfur dioxide.
Unit means any of the EGUs or cement kilns identified in paragraph
(a) of this section.
(c) Emissions limitations. (1) The owners/operators of EGUs subject
to this section shall not emit or cause to be emitted PM, SO2
or NOX in excess of the following limitations, in pounds per
million British thermal units (lb/MMBtu), averaged over a rolling 30-day
period for SO2 and NOX:

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

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

[[Page 327]]

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

(3) The owners/operators of LP, Blaine County 1 Compressor
Station shall not emit or cause to be emitted from each 5,500 horsepower
Ingersoll Rand 616 natural gas-fired compressor engine installed at the
facility total NOX in excess of 21.8 lbs/hr (average of three
stack test runs).
(4) These emission limitations shall apply at all times, including
startups, shutdowns, emergencies, and malfunctions.
(d) Compliance date. The owners and operators of Blaine County
1 Compressor Station shall comply with the emissions limitation
and other requirements of this section as expeditiously as practicable,
but no later than July 31, 2018. The owners and operators of the BART
sources subject to this section shall comply with the emissions
limitations and other requirements of this section as follows, unless
otherwise indicated in specific paragraphs: Compliance with PM limits is
required within 30 days of the effective date of this rule. Compliance
with SO2 and NOX limits is required within 180
days of the effective date of this rule, unless installation of
additional emission controls is necessary to comply with emission
limitations under this rule, in which case compliance is required within
five years of the effective date of this rule.
(e) Compliance determinations for SO2 and
NOX(1) CEMS for EGUs. At all times after the compliance date
specified in paragraph (d) of this section, the owner/operator of each
unit shall maintain, calibrate, and operate a CEMS, in full compliance
with the requirements found at 40 CFR part 75, to accurately measure
SO2, NOX, diluent, and stack gas volumetric flow
rate from each unit. The CEMS shall be used by the owner/operator to
determine compliance with the emission limitations in paragraph (c) of
this section for each unit.
(2) Method for EGUs. (i) For any hour in which fuel is combusted in
a unit, the owner/operator of each unit shall calculate the hourly
average SO2 and NOX concentration in lb/MMBtu at
the CEMS in accordance with the requirements of 40 CFR part 75. At the
end of each boiler operating day, the owner/operator shall calculate and
record a new 30-day rolling average emission rate in lb/MMBtu from the
arithmetic average of all valid hourly emission rates from the CEMS for
the current boiler operating day and the previous 29 successive boiler
operating days.
(ii) An hourly average SO2 or NOX emission
rate in lb/MMBtu is valid only if the minimum number of data points, as
specified in 40 CFR part 75, is acquired by the owner/operator for both
the pollutant concentration monitor (SO2 or NOX)
and the diluent monitor (O2 or CO2).
(iii) Data reported by the owner/operator to meet the requirements
of this section shall not include data substituted using the missing
data substitution procedures of subpart D of 40 CFR part 75, nor shall
the data have been bias adjusted according to the procedures of 40 CFR
part 75.
(3) CEMS for cement kilns. At all times after the compliance date
specified in paragraph (d) of this section, the owner/operator of each
unit shall maintain, calibrate, and operate a CEMS, in full compliance
with the requirements found at 40 CFR 60.63(f) and (g), to accurately
measure concentration by volume of SO2 and NOX
emissions into the atmosphere from each unit. The CEMS shall be used by
the owner/operator to

[[Page 328]]

determine compliance with the emission limitations in paragraph (c) of
this section for each unit, in combination with data on actual clinker
production. The owner/operator must operate the monitoring system and
collect data at all required intervals at all times the affected unit is
operating, except for periods of monitoring system malfunctions, repairs
associated with monitoring system malfunctions, and required monitoring
system quality assurance or quality control activities (including, as
applicable, calibration checks and required zero and span adjustments).
(4) Method for cement kilns. (i) The owner/operator of each unit
shall record the daily clinker production rates.
(ii) The owner/operator of each unit shall calculate and record the
30-operating day rolling emission rates of SO2 and
NOX, in lb/ton of clinker produced, as the total of all
hourly emissions data for the cement kiln in the preceding 30 days,
divided by the total tons of clinker produced in that kiln during the
same 30-day operating period, using the following equation:
[GRAPHIC] [TIFF OMITTED] TR18SE12.069

Where:
ED = 30 kiln operating day average emission rate of
NOX or SO2, lb/ton of clinker;
Ci = Concentration of NOX or SO2 for
hour i, ppm;
Qi = volumetric flow rate of effluent gas for hour i, where
Ci and Qi are on the same basis (either wet or
dry), scf/hr;
Pi = total kiln clinker produced during production hour i,
ton/hr;
k = conversion factor, 1.194 x 10^-7 for NOX and
1.660 x 10^-7 for SO2; and.
n = number of kiln operating hours over 30 kiln operating days, n = 1 to
720.
For each kiln operating hour for which the owner/operator does not
have at least one valid 15-minute CEMS data value, the owner/operator
must use the average emissions rate (lb/hr) from the most recent
previous hour for which valid data are available. Hourly clinker
production shall be determined by the owner/operator in accordance with
the requirements found at 40 CFR 60.63(b).
(iii) At the end of each kiln operating day, the owner/operator of
each unit shall calculate and record a new 30-day rolling average
emission rate in lb/ton clinker from the arithmetic average of all valid
hourly emission rates for the current kiln operating day and the
previous 29 successive kiln operating days.
(5) Method for compressor station. The owner/operator of Blaine
County 1 Compressor Station shall install a temperature-sensing
device (i.e. thermocouple or resistance temperature detectors) before
the catalyst in order to monitor the inlet temperatures of the catalyst
for each engine. The owner/operator shall maintain the exhaust
temperature at the inlet to the catalyst for each engine at a minimum of
least 750 ]F and no more than 1250 ]F in accordance with the catalyst
manufacturer's specifications. Also, the owner/operator shall install
gauges before and after the catalyst for each engine in order to monitor
pressure drop across the catalyst. During the initial performance test
the owner/operator maintain the pressure drop within 2"] water at 100 percent load plus or minus 10 percent
from the pressure drop across the catalyst measured. The owner/operator
shall follow the manufacturer's recommended maintenance schedule and
procedures for each engine and its respective catalyst. The owner/
operator shall only fire each engine with natural gas that is of
pipeline-quality in all respects except that the CO2
concentration in the gas shall not be required to be within pipeline-
quality.
(f) Compliance determinations for particulate matter.
(1) EGU particulate matter BART limits. Compliance with the
particulate matter BART emission limits for each EGU

[[Page 329]]

BART unit shall be determined by the owner/operator from annual
performance stack tests. Within 60 days of the compliance deadline
specified in paragraph (d) of this section, and on at least an annual
basis thereafter, the owner/operator of each unit shall conduct a stack
test on each unit to measure particulate emissions using EPA Method 5,
5B, 5D, or 17, as appropriate, in 40 CFR part 60, Appendix A. A test
shall consist of three runs, with each run at least 120 minutes in
duration and each run collecting a minimum sample of 60 dry standard
cubic feet. Results shall be reported by the owner/operator in lb/MMBtu.
The results from a stack test meeting the requirements of this paragraph
that were completed within 120 days prior to the compliance date can be
used by the owner/operator in lieu of the first stack test required. In
addition to annual stack tests, owner/operator shall monitor particulate
emissions for compliance with the BART emission limits in accordance
with the applicable Compliance Assurance Monitoring (CAM) plan developed
and approved in accordance with 40 CFR part 64.
(2) Cement kiln particulate matter BART limits. Compliance with the
particulate matter BART emission limits for each cement kiln shall be
determined by the owner/operator from annual performance stack tests.
Within 60 days of the compliance deadline specified in paragraph (d) of
this section, and on at least an annual basis thereafter, the owner/
operator of each unit shall conduct a stack test on each unit to measure
particulate matter emissions using EPA Method 5, 5B, 5D, or 17, as
appropriate, in 40 CFR part 60, Appendix A. A test shall consist of
three runs, with each run at least 120 minutes in duration and each run
collecting a minimum sample of 60 dry standard cubic feet. The average
of the results of three test runs shall be used by the owner/operator
for demonstrating compliance.
Clinker production shall be determined in accordance with the
requirements found at 40 CFR 60.63(b). Results of each test shall be
reported by the owner/operator as the average of three valid test runs.
In addition to annual stack tests, owner/operator shall monitor
particulate emissions for compliance with the BART emission limits in
accordance with the applicable Compliance Assurance Monitoring (CAM)
plan developed and approved in accordance with 40 CFR part 64.
(i) For Ash Grove Cement, the emission rate of particulate matter
shall be computed by the owner/operator for each run in pounds per hour
(lb/hr).
(ii) For Holcim, the emission rate (E) of particulate matter shall
be computed by the owner/operator for each run in lb/ton clinker, using
the following equation:

E = (CsQs)/PK

Where:

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

(g) Recordkeeping for EGUs. The owner/operator shall maintain the
following records for at least five years:
(1) All CEMS data, including the date, place, and time of sampling
or measurement; parameters sampled or measured; and results.
(2) Records of quality assurance and quality control activities for
emissions measuring systems including, but not limited to, any records
required by 40 CFR Part 75.
(3) Records of all major maintenance activities conducted on
emission units, air pollution control equipment, and CEMS.
(4) Any other records required by 40 CFR part 75.
(5) All particulate matter stack test results.
(h) Recordkeeping for cement kilns. The owner/operator shall
maintain the following records for at least five years:
(1) All CEMS data, including the date, place, and time of sampling
or measurement; parameters sampled or measured; and results.
(2) All particulate matter stack test results.
(3) All records of clinker production.
(4) Records of quality assurance and quality control activities for
emissions

[[Page 330]]

measuring systems including, but not limited to, any records required by
40 CFR part 60, appendix F, Procedure 1.
(5) Records of all major maintenance activities conducted on
emission units, air pollution control equipment, CEMS and clinker
production measurement devices.
(6) Any other records required by 40 CFR part 60, Subpart F, or 40
CFR part 60, Appendix F, Procedure 1.
(i) Reporting. All reports under this section, with the exception of
40 CFR 52.1396(n) and (o), shall be submitted by the owner/operator to
the Director, Office of Enforcement, Compliance and Environmental
Justice, U.S. Environmental Protection Agency, Region 8, Mail Code 8ENF-
AT, 1595 Wynkoop Street, Denver, Colorado 80202-1129.
(1) The owner/operator of each unit shall submit excess emissions
reports for SO2 and NOX BART limits. Reports shall
be submitted quarterly by the owner/operator for EGUs and semiannually
for cement kilns, no later than the 30th day following the end of each
calendar quarter or semiannual period, respectively. Excess emissions
means emissions that exceed the emissions limits specified in paragraph
(c) of this section. The reports shall include the magnitude, date(s),
and duration of each period of excess emissions, specific identification
of each period of excess emissions that occurs during startups,
shutdowns, and malfunctions of the unit, the nature and cause of any
malfunction (if known), and the corrective action taken or preventative
measures adopted.
(2) The owner/operator of each unit shall submit CEMS performance
reports, to include dates and duration of each period during which the
CEMS was inoperative (except for zero and span adjustments and
calibration checks), reason(s) why the CEMS was inoperative and steps
taken to prevent recurrence, and any CEMS repairs or adjustments. The
owner/operator shall submit reports quarterly for EGUs and semiannually
for cement kilns.
(i) For EGUs: The owner/operator of each unit shall also submit
results of any CEMS performance tests required by 40 CFR part 75
(Relative Accuracy Test Audits, Relative Accuracy Audits, and Cylinder
Gas Audits).
(ii) For cement kilns: Owner/operator of each unit shall also submit
results of any CEMS performance tests required by 40 CFR part 60,
appendix F, Procedure 1 (Relative Accuracy Test Audits, Relative
Accuracy Audits, and Cylinder Gas Audits).
(3) When no excess emissions have occurred or the CEMS has not been
inoperative, repaired, or adjusted during the reporting period, the
owner/operator shall state such information in the quarterly reports
required by sections (h)(1) and (2) of this section.
(4) The owner/operator of each unit shall submit results of any
particulate matter stack tests conducted for demonstrating compliance
with the particulate matter BART limits in paragraph (c) of this section
within 60 days after the completion of the test.
(5) The owner/operator of each unit shall submit semi-annual reports
of any excursions under the approved CAM plan in accordance with the
schedule specified in the source's title V permit.
(j) Testing requirements for Blaine County 1 Compressor
Station:
(1) An initial performance test shall be conducted by the owner/
operator for each engine for measuring NOX emissions from the
engines to demonstrate initial compliance with the emission limits. The
initial performance test shall be conducted by the owner/operator as
expeditiously as practicable, but no later than October July 31, 2018.
(2) Upon change out of the catalyst for each engine a performance
test shall be conducted by the owner/operator for measuring
NOX from the engines to demonstrate compliance with the
emission limits and re-establish temperature and pressure correlations.
The performance test shall be conducted by the owner/operator within 90
calendar days of the date of the catalyst change out.
(3) The performance tests for NOX shall be conducted by
the owner/operator in accordance with the test methods specified in 40
CFR Part 60, Appendix A. EPA Reference Method 7E shall be used to
measure NOX emissions.
(4) All tests conducted by the owner/operator for NOX
emissions must meet the following requirements:

[[Page 331]]

(i) All tests shall be performed at a maximum operating rate (90 to
110 percent of engine capacity at site elevation).
(ii) During each test run, data shall be collected on all parameters
necessary to document how NOX emissions in pounds per hour
were measured or calculated (such as test run length, minimum sample
volume, volumetric flow rate, moisture and oxygen corrections, etc.).
The temperature at the inlet to the catalyst and the pressure drop
across the catalyst shall also be measured and recorded during each test
run for each engine.
(iii) Each source test shall consist of at least three 1-hour or
longer valid test runs. Emission results shall be reported as the
arithmetic average of all valid test runs and shall be in terms of the
emission limits (pounds per hour).
(iv) A source test plan for NOX emissions shall be
submitted to EPA at least 45 calendar days prior to the scheduled
performance test.
(v) The source test plan shall include and address the following
elements:
(A) Purpose of the test;
(B) Engines and catalysts to be tested;
(C) Expected engine operating rate(s) during test;
(D) Schedule/date(s) for test;
(E) Sampling and analysis procedures (sampling locations, test
methods, laboratory identification);
(F) Quality assurance plan (calibration procedures and frequency,
sample recovery and field documentation, chain of custody procedures);
and
(G) Data processing and reporting (description of data handling and
quality control procedures).
(k) Monitoring, recordkeeping, and reporting requirements for Blaine
County 1 Compressor Station:
(1) The owner/operator shall measure NOX emissions from
each engine at least semi-annually or once every six month period to
demonstrate compliance with the emission limits. To meet this
requirement, the owner/operator shall measure NOX emissions
from each engine using a portable analyzer and a monitoring protocol
approved by EPA.
(2) The owner/operator shall submit the analyzer specifications and
monitoring protocol to EPA for approval within 45 calendar days prior to
installation of the NSCR unit.
(3) Monitoring for NOX emissions shall commence during
the first complete calendar quarter following the owner/operator's
submittal of the initial performance test results for NOX to
EPA.
(4) The owner/operator shall measure the engine exhaust temperature
at the inlet to the oxidation catalyst at least once per week and shall
measure the pressure drop across the oxidation catalyst monthly.
(5) The owner/operator shall ensure that each temperature-sensing
device is accurate to within plus or minus 0.75% of span and that the
pressure sensing devices be accurate to within plus or minus 0.1 inches
of water.
(6) The owner/operator shall keep records of all temperature and
pressure measurements; vendor specifications for the thermocouples and
pressure gauges; vendor specifications for the NSCR catalyst and the
air-to-fuel ratio controller on each engine.
(7) The owner/operator shall keep records sufficient to demonstrate
that the fuel for the engines is pipeline-quality natural gas in all
respects, with the exception of the CO2 concentration in the
natural gas.
(8) The owner/operator shall keep records of all required testing
and monitoring that include: The date, place, and time of sampling or
measurements; the date(s) analyses were performed; the company or entity
that performed the analyses; the analytical techniques or methods used;
the results of such analyses or measurements; and the operating
conditions as existing at the time of sampling or measurement.
(9) The owner/operator shall keep records of all deviations from the
emission limit or operating requirements (e.g., catalyst inlet
temperature, pressure drop across the catalyst) for each engine. The
records shall include: The date and time of the deviation, the name and
title of the observing employee and a brief description of the deviation
and the measures taken to address the deviation and prevent future
occurrences.
(10) The owner/operator shall maintain records of all required
monitoring data, support information (e.g., all

[[Page 332]]

calibration and maintenance records, all original strip-chart recordings
for continuous monitoring instrumentation, and copies of all reports
required) and deviations from operating requirements for a period of at
least five years from the date of the monitoring sample, measurement, or
report and that these records be made available upon request by EPA.
(11) The owner/operator shall submit a written report of the results
of the required performance tests to EPA within 90 calendar days of the
date of testing completion.
(l) Notifications. (1) The owner/operator shall submit notification
of commencement of construction of any equipment which is being
constructed to comply with the SO2 or NOX emission
limits in paragraph (c) of this section.
(2) The owner/operator shall submit semi-annual progress reports on
construction of any such equipment.
(3) The owner/operator shall submit notification of initial startup
of any such equipment.
(m) Equipment operation. At all times, the owner/operator shall
maintain each unit, including associated air pollution control
equipment, in a manner consistent with good air pollution control
practices for minimizing emissions.
(n) Credible evidence. Nothing in this section shall preclude the
use, including the exclusive use, of any credible evidence or
information, relevant to whether a source would have been in compliance
with requirements of this section if the appropriate performance or
compliance test procedures or method had been performed.
(o) CFAC notification. CFAC shall notify EPA 60 days in advance of
resuming operation. CFAC shall submit such notice to the Director, Air
Program, U.S. Environmental Protection Agency, Region 8, Mail Code 8P-
AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129. Once CFAC notifies
EPA that it intends to resume operation, EPA will initiate and complete
a BART determination after notification and revise the FIP as necessary
in accordance with regional haze requirements, including the BART
provisions in 40 CFR 51.308(e). CFAC will be required to install any
controls that are required as soon as practicable, but in no case later
than five years following the effective date of this rule.
(p) M2Green Redevelopment LLC notification. M2Green Redevelopment
LLC shall notify EPA 60 days in advance of resuming operation. M2Green
Redevelopment LLC shall submit such notice to the Director, Air Program,
U.S. Environmental Protection Agency, Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129. Once M2 Green Redevelopment
LLC notifies EPA that it intends to resume operation, EPA will initiate
and complete a four factor analysis after notification and revise the
FIP as necessary in accordance with regional haze requirements including
the ``reasonable progress'' provisions in 40 CFR 51.308(d)(1). M2 Green
Redevelopment LLC will be required to install any controls that are
required as soon as practicable, but in no case later than July 31,
2018.

[77 FR 57915, Sept. 18, 2012]

Subpart CC_Nebraska

Sec. 52.1420 Identification of Plan.

(a) Purpose and scope. This section sets forth the applicable SIP
for Nebraska under section 110 of the CAA, 42 U.S.C. 7401 et seq., and
40 CFR Part 51 to meet NAAQS.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to July 1,
2009, was approved for incorporation by reference by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Material is incorporated as it exists on the date of the approval, and
notice of any change in the material will be published in the Federal
Register. Entries in paragraphs (c) and (d) of this section with EPA
approval dates after July 1, 2009, will be incorporated by reference in
the next update to the SIP compilation.
(2) EPA Region 7 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated State
rules/regulations which

[[Page 333]]

have been approved as part of the SIP as of July 1, 2009.
(3) Copies of the materials incorporated by reference may be
inspected at the Environmental Protection Agency, Region 7, Air Planning
and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219; at
EPA Air and Radiation Docket and Information Center, EPA West Building,
1301 Constitution Avenue NW., Washington, DC 20460; or at the National
Archives and Records Administration (NARA). If you wish to obtain
material from the EPA Regional Office, please call (800) 223-0425 or
(913) 551-7122; for material from a docket in EPA Headquarters Library,
please call the Office of Air and Radiation Docket at (202) 566-1742.
For information on the availability of this material at NARA, call (202)
741-6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html.
(c) EPA-approved regulations.

EPA-Approved Nebraska Regulations
----------------------------------------------------------------------------------------------------------------
State
Nebraska citation Title effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
STATE OF NEBRASKA
Department of Environmental Quality
----------------------------------------------------------------------------------------------------------------
Title 129--Nebraska Air Quality Regulations
----------------------------------------------------------------------------------------------------------------
129-1....................... Definitions.... 1/9/2011 3/22/2011, 76 FR 15852........
129-2....................... Definition of 3/14/2006 3/22/2011, 76 FR 15852........
Major Source.
129-3....................... Region and 6/26/94 1/4/95, 60 FR 372.............
Subregions.
129-4....................... Ambient Air 4/1/02 7/8/03, 68 FR 40528...........
Quality 7/10/02
Standards.
129-5....................... Operating 11/20/02 9/5/03, 68 FR 52691........... Section 001.02 is
Permit. not SIP approved.
129-6....................... Emissions 11/20/02 9/5/03, 68 FR 52691...........
Reporting.
129-7....................... Operating 8/22/00 5/29/02, 67 FR 37325..........
Permits--Appli
cation.
129-8....................... Operating 8/22/00 5/29/02, 67 FR 37325..........
Permit Content.
129-9....................... General 6/26/94 1/4/95, 60 FR 372.............
Operating
Permits for
Class I and II
Sources.
129-10...................... Operating 9/7/97 1/20/00, 65 FR 3130...........
Permits for
Temporary
Sources.
129-11...................... Operating 6/26/94 1/4/95, 60 FR 372.............
Permits--Emerg
ency; Defense.
129-12...................... Operating 5/29/95 2/9/96, 61 FR 4899............
Permit Renewal
and Expiration.
129-13...................... Class I 6/26/94 1/4/95, 60 FR 372.............
Operating
Permit--EPA
Review;
Affected
States Review;
Class II
Permit.
129-14...................... Permits: Public 2/6/2008 3/22/2011, 76 FR 15852........
Participation.
129-15...................... Permit 2/6/2008 3/22/2011, 76 FR 15852........
Revisions;
Reopening for
Cause.
129-16...................... Stack Heights; 12/15/98 5/29/02, 67 FR 37325..........
Good
Engineering
Practice (GEP).
129-17...................... Construction 2/06/2008 3/22/2011, 76 FR 15852........ Approval does not
Permits--When include Nebraska's
Required. revisions to
sections 001.02T
and 013.04T
pertaining to
ethanol production
facilities, which
were not submitted
by the State.
129-19...................... Prevention of 2/06/2008 0/22/2011, 76 FR 15852........
Significant
Deterioration
of Air Quality.
129-20...................... Particulate 2/7/04 3/31/05, 70 FR 16426..........
Emissions;
Limitations
and Standards
(Exceptions
Due to
Breakdowns or
Scheduled
Maintenance:
See Chapter
35).

[[Page 334]]

129-21...................... Controls for 7/10/02 7/8/03, 68 FR 40528...........
Transferring,
Conveying,
Railcar and
Truck Loading
at Rock
Processing
Operations in
Cass County.
129-22...................... Incinerators; 9/7/97 1/20/00, 65 FR 3130...........
Emission
Standards.
129-24...................... Sulfur Compound 6/26/94 1/4/95, 60 FR 372.............
Emissions,
Existing
Sources
Emission
Standards.
129-25...................... Nitrogen Oxides 9/7/97 1/20/00, 65 FR 3130...........
(Calculated as
Nitrogen
Dioxide);
Emissions
Standards for
Existing
Stationary
Sources.
129-30...................... Open Fires, 9/25/05 8/11/10, 75 FR 48582..........
Prohibited;
Exceptions.
129-32...................... Dust; Duty to 6/26/94 1/4/95, 60 FR 372.............
Prevent Escape
of.
129-33...................... Compliance; 6/26/94 1/4/95, 60 FR 372.............
Time Schedule
for.
129-34...................... Emission 5/7/05 7/10/06, 71 FR 38776..........
Sources;
Testing;
Monitoring.
129-35...................... Compliance; 9/7/97 1/20/00, 65 FR 3130...........
Exceptions Due
to Startup,
Shutdown, or
Malfunction.
129-36...................... Control 6/26/94 1/4/95, 60 FR 372.............
Regulations;
Circumvention,
When Excepted.
129-37...................... Compliance; 6/26/94 1/4/95, 60 FR 372.............
Responsibility.
129-38...................... Emergency 6/26/94 1/4/95, 60 FR 372.............
Episodes;
Occurrence and
Control,
Contingency
Plans.
129-39...................... Visible 6/26/94 1/4/95, 60 FR 372.............
Emissions from
Diesel-powered
Motor Vehicles.
129-40...................... General 5/29/95 2/12/96, 61 FR 5297...........
Conformity.
129-41...................... General 12/15/98 5/29/02, 67 FR 37325..........
Provisions.
129-42...................... Permits-By-Rule 11/20/02 7/10/06, 71 FR 38776..........
4/8/03
5/7/05
129-43...................... Consolidated 5/29/95 2/9/96, 61 FR 4899............
with Chapter
41.
129-44...................... Consolidated 5/29/95 2/9/96, 61 FR 4899............
with Chapter
41.
Appendix I.................. Emergency 6/26/94 1/4/95, 60 FR 372.............
Emission
Reductions.
Appendix II................. Hazardous Air 5/7/05 7/10/06, 71 FR 38776..........
Pollutants
(HAPS).

----------------------------------------------------------------------------------------------------------------
Title 115--Rules of Practice and Procedure
----------------------------------------------------------------------------------------------------------------

115-1....................... Definitions of 8/8/93 1/4/95, 60 FR 372.............
Terms.
115-2....................... Filing and 8/8/93 1/4/95, 60 FR 372.............
Correspondence.
115-3....................... Public Records 8/8/93 1/4/95, 60 FR 372.............
Availability.
115-4....................... Public Records 8/8/93 1/4/95, 60 FR 372.............
Confidentialit
y.
115-5....................... Public Hearings 8/8/93 1/4/95, 60 FR 372.............
115-6....................... Voluntary 8/8/93 1/4/95, 60 FR 372.............
Compliance.
115-7....................... Contested Cases 8/8/93 1/4/95, 60 FR 372.............
115-8....................... Emergency 8/8/93 1/4/95, 60 FR 372.............
Proceeding
Hearings.
115-9....................... Declaratory 8/8/93 1/4/95, 60 FR 372.............
Rulings.
115-10...................... Rulemaking..... 8/8/93 1/4/95, 60 FR 372.............
115-11...................... Variances...... 8/8/93 1/4/95, 60 FR 372.............

----------------------------------------------------------------------------------------------------------------
Lincoln-Lancaster County Air Pollution Control Program
Article 1--Administration and Enforcement
----------------------------------------------------------------------------------------------------------------

Section 1................... Intent......... 5/16/95 2/14/96, 61 FR 5699...........
Section 2................... Unlawful Acts-- 5/16/95 2/14/96, 61 FR 5699...........
Permits
Required.
Section 3................... Violations--Hea 5/16/95 2/14/96, 61 FR 5699...........
rings--Orders.
Section 4................... Appeal 5/16/95 2/14/96, 61 FR 5699...........
Procedure.
Section 5................... Variance....... 5/16/95 2/14/96, 61 FR 5699...........
Section 7................... Compliance--Act 5/16/95 2/14/96, 61 FR 5699...........
ions to
Enforce--Penal
ties for Non-
Compliance.
Section 8................... Procedure for 5/16/95 2/14/96, 61 FR 5699...........
Abatement.
Section 9................... Severability... 5/16/95 2/14/96, 61 FR 5699...........

----------------------------------------------------------------------------------------------------------------
Article 2--Regulations and Standards
----------------------------------------------------------------------------------------------------------------

Section 1................... Definitions.... 8/11/98 1/20/00, 65 FR 3130...........

[[Page 335]]

Section 2................... Major Sources-- 8/11/98 1/20/00, 65 FR 3130...........
Defined.
Section 4................... Ambient Air 5/16/95 2/14/96, 61 FR 5699...........
Quality
Standards.
Section 5................... Operating 8/11/98 1/20/00, 65 FR 3130...........
Permits--When
Required.
Section 6................... Emissions 8/11/98 1/20/00, 65 FR 3130...........
Reporting--Whe
n Required.
Section 7................... Operating 8/11/98 1/20/00, 65 FR 3130...........
Permit--Applic
ation.
Section 8................... Operating 8/11/98 1/20/00, 65 FR 3130...........
Permit--Conten
t.
Section 9................... General 5/16/95 2/14/96, 61 FR 5699...........
Operating
Permits for
Class I and II
Sources.
Section 10.................. Operating 5/16/95 2/14/96, 61 FR 5699...........
Permits for
Temporary
Services.
Section 11.................. Emergency 5/16/95 2/14/96, 61 FR 5699...........
Operating
Permits--Defen
se.
Section 12.................. Operating 5/16/95 2/14/96, 61 FR 5699...........
Permit Renewal
and Expiration.
Section 14.................. Permits--Public 5/16/95 2/14/96, 61 FR 5699...........
Participation.
Section 15.................. Operating 8/11/98 1/20/00, 65 FR 3130...........
Permit
Modifications-
-Reopening for
Cause.
Section 16.................. Stack--Heights- 5/16/95 2/14/96, 61 FR 5699...........
-Good
Engineering
Practice (GEP).
Section 17.................. Construction 8/11/98 1/20/00, 65 FR 3130...........
Permits--When
Required.
Section 19.................. Prevention of 5/16/95 2/14/96, 61 FR 5699...........
Significant
Deterioration
of Air Quality.
Section 20.................. Particulate 3/31/97 1/20/00, 65 FR 3130...........
Emissions--Lim
itations and
Standards.
Section 22.................. Incinerator 5/16/95 2/14/96, 61 FR 5699...........
Emissions.
Section 24.................. Sulfur Compound 5/16/95 2/14/96, 61 FR 5699...........
Emissions--Exi
sting Sources--
Emission
Standards.
Section 25.................. Nitrogen Oxides 5/16/95 2/14/96, 61 FR 5699...........
(Calculated as
Nitrogen
Dioxide)--Emis
sions
Standards for
Existing
Stationary
Sources.
Section 32.................. Dust--Duty to 3/31/97 1/20/00, 65 FR 3130...........
Prevent Escape
of.
Section 33.................. Compliance--Tim 5/16/95 2/14/96, 61 FR 5699...........
e Schedule for.
Section 34.................. Emission 5/16/95 2/14/96, 61 FR 5699...........
Sources--Testi
ng--Monitoring.
Section 35.................. Compliance--Exc 5/16/95 2/14/96, 61 FR 5699...........
eptions Due to
Startup
Shutdown or
Malfunction.
Section 36.................. Control 5/16/95 2/14/96, 61 FR 5699...........
Regulations--C
ircumvention--
When Expected.
Section 37.................. Compliance--Res 5/16/95 2/14/96, 61 FR 5699...........
ponsibility of
Owner/Operator
Pending Review
by Director.
Section 38.................. Emergency 5/16/95 2/14/96, 61 FR 5699...........
Episodes--Occu
rrence and
Control--Conti
ngency Plans.
Appendix I.................. Emergency 5/16/95 2/14/96, 61 FR 5699...........
Emission
Reduction
Regulations.
----------------------------------------------------------------------------------------------------------------
City of Omaha
Chapter 41--Air Quality Control
Article I In General
----------------------------------------------------------------------------------------------------------------
41-2........................ Adoption of 4/1/98 1/20/00, 65 FR 3130...........
State
Regulations
with
Exceptions.
41-4........................ Enforcement--Ge 5/29/95 2/14/96, 61 FR 5699...........
nerally.
41-5........................ Same Health 5/29/95 2/14/96, 61 FR 5699...........
Department.
41-6........................ Residential 5/29/95 2/14/96, 61 FR 5699...........
Exemptions.
41-9........................ Penalties...... 5/29/95 2/14/96, 61 FR 5699...........
41-10....................... Civil 5/29/95 2/14/96, 61 FR 5699...........
Enforcement.
----------------------------------------------------------------------------------------------------------------
Article II--Permitting of Air Contaminant Sources
----------------------------------------------------------------------------------------------------------------
41-23....................... Prerequisite to 5/29/95 2/14/96, 61 FR 5699...........
Approval.
41-27....................... Signature 5/29/95 2/14/96, 61 FR 5699...........
Required;
Guarantee.
41-38....................... Funds.......... 5/29/95 2/14/96, 61 FR 5699...........

[[Page 336]]

41-40....................... Fees--When 5/29/95 2/14/96, 61 FR 5699...........
Delinquent.
----------------------------------------------------------------------------------------------------------------
Article IV--Waste Incinerators Division 1. Generally
----------------------------------------------------------------------------------------------------------------
41-60....................... Definitions.... 5/29/95 2/14/96, 61 FR 5699...........
41-61....................... Violations..... 5/29/95 2/14/96, 61 FR 5699...........
----------------------------------------------------------------------------------------------------------------
Article IV--Waste Incinerators Division 2. Emissions
----------------------------------------------------------------------------------------------------------------
41-70....................... New or Modified 5/29/95 2/14/96, 61 FR 5699...........
Facilities.
41-71....................... Existing 5/29/95 2/14/96, 61 FR 5699...........
Facilities.
41-72....................... Emission 5/29/95 2/14/96, 61 FR 5699...........
Testing.
----------------------------------------------------------------------------------------------------------------
Article IV--Waste Incinerators Division 3. Design
----------------------------------------------------------------------------------------------------------------
41-80....................... New or Modified 5/29/95 2/14/96, 61 FR 5699...........
Waste
Incinerators.
41-81....................... Existing 5/29/95 2/14/96, 61 FR 5699...........
Incinerators.
----------------------------------------------------------------------------------------------------------------

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

EPA-Approved Nebraska Source-Specific Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
Name of source Permit No. effective EPA approval date Explanation
date
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Gould, Inc...................... 677 11/9/83 1/31/85, 50 FR 4510..................
(2) Asarco, Inc..................... 1520 6/6/96 3/20/97, 62 FR 13329................. The EPA did not approve paragraph 19.
(3) Nebraska Public Power District, CP07-0050 5/11/10 7/6/2012, 78 FR 40168................ EPA has only approved the elements of
Gerald Gentleman Station. the permit pertaining to NOX
requirements.
(4) Omaha Public Power District, CP07-0049 2/26/09 7/6/2012, 78 FR 40168................ .....................................
Nebraska City Station.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

EPA-Approved Nebraska Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State EPA approval date Explanation
provision nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
(1) Air Quality Implementation Statewide.......... 1/28/72 5/31/72, 37 FR
Plan. 10842.
(2) Confirmation That the State Statewide.......... 4/25/72 5/31/72, 37 FR
Does Not Have Air Quality 10842.
Control Standards Based on
Attorney General's Disapproval.
(3) Request for Two-Year Omaha.............. 1/24/72 7/27/72, 37 FR
Extension to Meet the Primary 15080.
NOX Standard.
(4) Clarification of Section 11 Statewide.......... 2/16/72 7/27/72, 37 FR
of the State's Plan. 15080.
(5) Letters Clarifying the Omaha.............. 10/2/72 5/14/73, 38 FR
Application of the State's 12696.
Emergency Episode Rule.
(6) Analysis of Ambient Air Omaha, Lincoln, 5/9/74 6/2/75, 40 FR 23746
Quality in Standard Metropolitan Sioux City.
Statistical Areas and
Recommendations for Air Quality
Maintenance Areas.

[[Page 337]]

(7) Amended State Law (LB1029) Statewide.......... 2/10/76 6/23/76, 41 FR
Giving the Department of 25898.
Environmental Quality Authority
to Require Monitoring of
Emissions, Reporting of
Emissions and Release of
Emissions Data.
(8) Air Monitoring Plan.......... Statewide.......... 6/19/81 10/6/81, 46 FR
49122.
(9) TSP Nonattainment Plan....... Douglas and Cass 9/25/80 3/28/83, 48 FR
Counties. 8/9/82 12715.
(10) Plan for Intergovernmental Statewide.......... 8/9/82 7/5/83, 48 FR 30631
Consultation and Coordination
and for Public Notification.
(11) Lead Plan................... Statewide except 1/9/81 11/29/83, 48 FR The plan was
Omaha. 8/5/81 53697. approved except
1/11/83 that portion
pertaining to
Omaha.
(12) Lead Nonattainment Plan..... Omaha.............. 7/24/84 1/31/85, 50 FR 4510
11/17/83
8/1/84
(13) CO Nonattainment Plan....... Omaha.............. 4/3/85 9/15/86, 51 FR
32640.
(14) CO Nonattainment Plan....... Lincoln............ 4/3/85 9/19/86, 51 FR
33264.
(15) Revised Lead Nonattainment Omaha.............. 2/2/87 8/3/87, 52 FR 28694
Plan.
(16) Letter Pertaining to NOX Statewide.......... 3/8/91 7/2/91, 56 FR 30335 State submittal
Rules and Analysis Which date is date of
Certifies the Material Became the letter.
Effective on February 20, 1991.
(17) Small Business Assistance Statewide.......... 11/12/92 8/30/93, 58 FR
Program. 45452.
(18) Class II Operating Permit Statewide.......... 2/16/94 1/4/95, 60 FR 372..
Program Including Letter
Committing to Submit Information
to RACT/BACT/LAER Clearinghouse,
Letter Regarding Availability of
State Operating Permits to the
EPA and Specified Emissions
Limits in Permits, and Letter
Regarding the Increase in New
Source Review Thresholds.
(19) Letter from City of Omaha Omaha, Lincoln..... 9/13/95 2/14/96, 61 FR 5725 State submittal
Regarding Authority to Implement 11/9/95 dates are dates of
Section 112(l) and Letter from letters.
the State Regarding Rule
Omissions and PSD Program
Implementation.
(20) Lincoln Municipal Code, City of Lincoln.... 2/5/99 1/20/00, 65 FR 3130
Chapter 8.06.140 and 8.06.145.
(21) Lancaster Co. Resolution Lancaster County... 2/5/99 1/20/00, 65 FR 3130
5069, Sections 12 and 13.
(22) Nebraska Lead Maintenance Omaha.............. 1/18/01 4/20/01, 66 FR
SIP. 20196.
(23) CAA 110(1)(2)(D)(i) SIP-- Statewide.......... 5/18/07 12/17/07, 72 FR
Interstate Transport. 71245.
(24) Section 110(a)(2)........... Statewide.......... 12/7/07 7/8/11............. This action
Infrastructure Requirements for 76 FR 40258........ addresses the
the 1997 8-Hour Ozone NAAQS. following CAA
elements, as
applicable:
110(a)(2)(A), (B),
(C), (D)(ii), (E),
(F), (G), (H),
(J), (K), (L), and
(M).

[[Page 338]]

(25) Regional haze plan for the Statewide.......... 6/30/11 7/6/2012, 78 FR The plan was
first implementation period. 40150. approved except
for that portion
pertaining to SO2
BART for Nebraska
Public Power
District, Gerald
Gentleman Units 1
and 2, and the
portion of the
long- term
strategy
addressing the SO2
BART measures for
these Units.
----------------------------------------------------------------------------------------------------------------

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

Sec. 52.1421 Classification of regions.

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

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

Sec. 52.1422 Approval status.

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

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

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

The state of Nebraska committed to conform to the PM10
regulations as set forth in 40 CFR part 51. In a letter to Morris Kay,
EPA, dated February 5, 1988, Mr. Dennis Grams, Director, Nebraska
Department of Environmental Control, stated:
(a) An area in the City of Omaha and the area in and around the
Village of Weeping Water have been classified as Group II areas for the
purpose of PM10 State Implementation Plan (SIP) development.
The specific boundaries of these areas are identified in our letter

[[Page 339]]

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

[54 FR 21063, May 16, 1989]

Sec. 52.1424 Operating permits.

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

[61 FR 4901, Feb. 9, 1996]

Sec. 52.1425 Compliance schedules.

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

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

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

[[Page 340]]

Sec. 52.1426 Original identification of plan section.

(a) This section identifies the original ``Nebraska Air Quality
Implementation Plan'' and all revisions submitted by Nebraska that were
Federally approved prior to July 1, 1998.
(b) The plan was officially submitted on January 28, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Request submitted by the Governor on January 24, 1972, for a
two-year extension in order to meet the primary standard for NOx in the
Omaha-Council Bluffs AQCR. (Non-regulatory)
(2) Clarification of section 11 of the State plan submitted on
February 16, 1972 by the Nebraska Department of Environmental Control.
(Non-regulatory)
(3) A confirmation that the State does not have air quality control
standards based on the enclosed disapproval of the State Attorney
General was submitted on April 25, 1972 by the Nebraska Department of
Environmental Control. (Non-regulatory)
(4) Revision of Rules 3 through 18 and Rule 21 and 22 submitted on
June 9, 1972, by the Governor.
(5) Amendments to the Omaha Air Pollution Control Ordinance 26350
submitted on June 29, 1972, by the Governor.
(6) Letters submitted September 26 and 27, 1972, from the State
Department of Environmental Control revising Rule 3 and Rule 5 of the
State Rules and Regulations.
(7) Letters clarifying the application of the State emergency
episode, rule 22(a), submitted October 2, 1972, by the State Department
of Environmental Control. (Non-regulatory).
(8) Revision of the State air regulations to expand emission
limitations to apply State-wide, change procedures for preconstruction
review of new sources, change procedures for disapproving construction
permits for new or modified sources and add new sulfur oxide emission
standards was submitted on February 27, 1974, by the Nebraska Department
of Environmental Control.
(9) Copy of the State's analysis of ambient air quality in Standard
Metropolitan Statistical Areas in the State and recommendations for
designation of Air Quality Maintenance Areas submitted by the Department
of Environmental Control on May 9, 1974. (Non-regulatory)
(10) Compliance schedules were submitted by the Department of
Environmental Control on September 13, 1974.
(11) Compliance schedules were submitted by the Department of
Environmental Control on February 21, 1975.
(12) Compliance schedules were submitted by the Department of
Environmental Control on May 23, 1975.
(13) Revision of regulations to include the second group of New
Source Performance Standards and provide for granting of post-attainment
variances and releasing of emission data was submitted on August 5,
1975, by the Governor.
(14) Compliance schedules were submitted by the Governor on August
27, 1975.
(15) Compliance schedules were submitted by the Governor on January
1, 1976.
(16) Compliance schedules were submitted by the Department of
Environmental Control on January 15, 1976.
(17) Amended State law (LB1029) giving the Department of
Environmental Control authority to require monitoring of emissions,
require reporting of emissions and release emission data was submitted
by the Governor on February 10, 1976.
(18) Compliance schedules were submitted by the Governor on April
23, 1976.
(19) Compliance schedules were submitted by the Governor on October
27, 1976.
(20) Revised Rule 17, requiring continuous opacity monitoring by
power plants, was submitted on November 2, 1976, by the Governor.
(21) A plan revision to meet the requirements of 40 CFR 58.20,
dealing with statewide air quality monitoring and data reporting, was
submitted by the Governor on June 19, 1981.
(22) Revised Rule 13, granting an increase in the visible emission
limitations for existing teepee waste wood burners and alfalfa
dehydrators, was submitted by the Governor on December 29, 1977.

[[Page 341]]

(23) Revision to the SIP concerning the adoption of the Lancaster
County Air Pollution Control Resolution was submitted by the Governor on
April 4, 1977.
(24) Revision to the SIP concerning the adoption of the revised
local air pollution control ordinances for the cities of Omaha and
Lincoln was submitted by the Governor on December 27, 1977.
(25) State plan revisions and corrections thereto to attain the
National Ambient Air Quality Standards for total suspended particulate
in Douglas and Cass Counties, designated as nonattainment under section
107 of the Clean Air Act Amendments of 1977, were submitted by the
Governor on September 25, 1980, and on August 9, 1982. Included in the
plan are revised Rule 6, and new Rule 5A.
(26) New Rule 18, ``Compliance; Exceptions Due to Startup, Shutdown,
or Malfunction,'' was submitted by the Governor on August 9, 1982.
(27) A plan revision to provide for Intergovernmental Consultation
and Coordination and for Public Notification was submitted to EPA by the
Governor of Nebraska on August 9, 1982.
(28) A plan revision for attaining and maintaining the National
Ambient Air Quality Standard for Lead in the State of Nebraska was
submitted to EPA on January 9, 1981, by the Governor. Additional
material was submitted by the State on August 5, 1981 and January 11,
1983. All portions of the submittals are approved except the control
strategy for Omaha and the request for a two year extension to attain
the lead standard in Omaha.
(29) Revisions to Rule 1, ``Definitions,'' and to Rule 4, ``New and
Complex Sources; Standards of Performance, Application for Permit, When
Required;'' and a new regulation: Rule 4.01, ``Prevention of Significant
Deterioration of Air Quality,'' were submitted by the Governor on May
23, 1983; clarifying letter dated May 30, 1984.
(30) On July 24, 1984, Nebraska submitted a lead SIP for Omaha.
Additional portions of the Omaha lead SIP were submitted by the State on
November 17, 1983, and August 1, 1984. EPA withheld action on the
enforceable control measures contained in the Omaha lead SIP, but
approved all other portions.
(31) Revisions to Chapter 10 ``Incinerators; Emission Standards;''
Chapter 12 ``Sulfur Compound Emissions; Emission Standards;'' Chapter 14
``Open Fires, Prohibited; Exceptions;'' and Chapter 20 ``Emission
Sources; Testing: Monitoring'' were submitted by the Governor on October
6, 1983.
(32) Revisions to Chapter 1, ``Definitions''; Chapter 4, ``Reporting
and Operating Permits for Existing Sources; When Required''; and Chapter
5, ``New, Modified, and Reconstructed Sources; Standards of Performance,
Application for Permit, When Required'', were submitted by the Governor
on October 6, 1983. These revisions deleted the review requirements for
complex sources of air pollution for the entire State. These review
requirements were adopted by the State on February 22, 1974 (submitted
on February 27, 1974) and were approved by EPA on September 9, 1975. See
paragraph (c)(8) above. Approval action was taken on the deletion of
these requirements except as they pertain to the Lincoln and Omaha CO
nonattainment areas.
(33) A State Implementation Plan revision to provide for attainment
of the carbon monoxide standard in Omaha was submitted by Governor
Kerrey on April 3, 1985. Action was also taken to delete review
requirements for complex sources of air pollution in Omaha; see
paragraph (c)(32) of this section.
(i) Incorporation by reference.
(A) An RFP curve from page 27 of the Carbon Monoxide State
Implementation Plan for Omaha, Nebraska, dated January 18, 1985.
(ii) Additional material.
(A) Narrative submittal entitled ``Carbon Monoxide State
Implementation Plan for Omaha, Nebraska'', including an attainment
demonstration.
(B) Emission Inventory for carbon monoxide sources.
(34) A State Implementation Plan revision to provide for attainment
of the carbon monoxide standard in Lincoln was submitted by Governor
Kerrey on April 3, 1985. Action was also taken to delete review
requirements for complex sources of air pollution in Lincoln; see
paragraph (c)(32) of this section.

[[Page 342]]

(i) Incorporation by reference.
(A) An RFP table from page 18 of the State Implementation Plan
Revision for Carbon Monoxide for Lincoln, Nebraska, adopted on March 1,
1985.
(ii) Additional material.
(A) Narrative submittal entitled, ``State Implementation Plan
Revision for Carbon Monoxide for Lincoln, Nebraska'', including an
attainment demonstration.
(B) Emission Inventory for carbon monoxide sources.
(35) On February 2, 1987, Nebraska submitted revisions to the lead
SIP for Omaha. The revisions contained a revised demonstration of
attainment of the lead standard in Omaha, a revised control strategy to
provide the lead emission reductions claimed in the demonstration of
attainment, and Administrative Order No. 753 dated August 22, 1985, as
amended by Amended Administrative Order No. 753 dated May 9, 1986, and
by Second Amended Administrative Order No. 753 dated November 12, 1986.
All items in the revisions were approved.
(i) Incorporation by reference.
(A) Administrative Order 753 dated August 22, 1985, issued by the
Nebraska Department of Environmental Control to ASARCO Incorporated.
(B) Amended Administrative Order 753 dated May 9, 1986, issued by
the Nebraska Department of Environmental Control to ASARCO Incorporated.
(C) Second Amended Administrative Order 753 dated November 12, 1986,
issued by the Nebraska Department of Environmental Control to ASARCO
Incorporated.
(ii) Additional material.
(A) 1986 Revised Demonstration of Attainment and Control Measures
for the Nebraska State Implementation Plan for Lead--Omaha, submitted by
ASARCO Incorporated, October 3, 1986.
(36) Revisions to Chapter 1, ``Definitions'', paragraphs 024, 025,
030, 037, 049; and Chapter 5, ``Stack Heights: Good Engineering Practice
(GEP)'', were submitted by the Governor on May 6, 1986.
(i) Incorporation by reference.
(A) Revisions to Chapter 1, ``Definitions'', paragraphs 024, 025,
030, 037, 049; and Chapter 5, ``Stack Heights: Good Engineering Practice
(GEP)'', effective May 5, 1986.
(ii) Additional material.
(A) None.
(37) Revised Title 129 of Nebraska Air Pollution Control rules and
regulations pertaining to PM10 and other rule revisions
submitted by the Governor of Nebraska on June 15, 1988.
(i) Incorporation by reference.
(A) Nebraska Department of Environmental Control Title 129--Nebraska
Air Pollution Control rules and regulations adopted by the Nebraska
Environmental Control Council February 5, 1988, effective June 5, 1988.
The following Nebraska rules are not approved: Chapter 1, definition at
013, ``Best Available Control Technology''; Chapter 4, section 004.01G,
except as it applies to lead; Chapter 6, section 002.04 and section 007;
Appendix III except for lead; Chapter 6, section 001 pertaining to NSPS;
and Chapter 12 pertaining to NESHAP.
(B) Nebraska Department of Environmental Control Title 115--Rules of
Practice and Procedure, amended effective July 24, 1987.
(ii) Additional information.
(A) None.
(38) Plan revisions were submitted by the Nebraska Department of
Environmental Control on March 8, 1991, which implement EPA's October
17, 1988, PSD NOX requirements.
(i) Incorporation by reference.
(A) Revisions to title 129, chapter 7, entitled ``Prevention of
Significant Deterioration of Air Quality,'' were adopted by the Nebraska
Enviromental Control Council on December 7, 1990, and became effective
February 20, 1991.
(ii) Additional material.
(A) Letter from the state submitted March 8, 1991, pertaining to
NOX rules and analysis which certifies the material became
effective on February 20, 1991.
(39) Plan revisions were submitted by the Governor of Nebraska on
March 8, 1991.
(i) Incorporation by reference.
(A) Revisions to Nebraska Department of Environmental Control Title
129--Nebraska Air Pollution Control Rules and Regulations adopted by the
Nebraska Environmental Control

[[Page 343]]

Council December 7, 1990, effective February 20, 1991. Revisions to the
following sections are approved in this action: Chapter 1 (deletion of
section 068), chapter 3 (deletion of ``National'' from the chapter
title), chapter 4 (section 004.02), chapter 7 (section 001), chapter 10
(section 002), chapter 11 (section 002 and section 005), chapter 15
(section 002.07C), and chapter 16 (sections 001, 002.01, 002.02, and
002.03.)
(40) The Nebraska Department of Environmental Quality submitted the
Small Business Assistance program State Implementation Plan revision on
November 12, 1992.
(i) Incorporation by reference.
(A) Revision to the Nebraska State Implementation Plan for the Small
Business Stationary Source Technical and Environmental Compliance
Assistance Program was adopted by the state of Nebraska on November 12,
1992, and became effective on the same date.
(41) On February 16, 1994, the Director of the Nebraska Department
of Environmental Quality submitted revisions to the State Implementation
Plan (SIP) to create a Class II operating permit program, Part D NSR
rule changes, SO2 rule corrections, and the use of enhanced
monitoring.
(i) Incorporation by reference.
(A) Revised rules ``Title 129--Nebraska Air Quality Regulations,''
effective December 17, 1993. This revision approves all chapters except
for parts of Chapters 5, 7, 8, 9, 10, 11, 12, 13, 14, and 15 that
pertain to Class I permits; Chapter 17 as it relates to hazardous air
pollutants; and excludes Chapters 23, 25, 26, 27, 28, 29, and 31.
(B) ``Title 115--Rules of Practice and Procedure,'' effective August
8, 1993, and submitted as an SIP revision on February 16, 1994.
(ii) Additional material.
(A) Letter from Nebraska to EPA Region VII dated February 16, 1994,
regarding a commitment to submit information to the RACT/BACT/LAER
Clearinghouse as required in section 173(d) of the Clean Air Act.
(B) Letter from Nebraska to EPA Region VII dated June 10, 1994,
regarding the availability of state operating permits to EPA and
specified emissions limitations in permits.
(C) Letter from Nebraska to EPA Region VII dated November 7, 1994,
regarding the increase in New Source Review (NSR) permitting thresholds.
(42) A Plan revision was submitted by the Nebraska Department of
Environmental Quality on June 14, 1995, which incorporates by reference
EPA's regulations relating to determining conformity of general Federal
actions to State or Federal Implementation Plans.
(i) Incorporation by reference.
(A) A revision to title 129, adding chapter 40, entitled ``General
Conformity'' was adopted by the Environmental Quality Council on
December 2, 1994, and became effective on May 29, 1995.
(43) On June 14, 1995, the Director of the Nebraska Department of
Environmental Quality submitted revisions to the State Implementation
Plan (SIP) to modify the Class II operating permit program.
(i) Incorporation by reference.
(A) Revised rules ``Title 129--Nebraska Air Quality Regulations,''
effective May 29, 1995. This revision applies to chapters 5, 7, 12, 17,
19, 25, 41 and deletes chapters 42, 43 and 44.
(ii) Additional material.
(A) None.
(44) On May 31 and June 2, 1995, the Director of the Nebraska
Department of Environmental Quality (NDEQ) submitted revisions to the
SIP to update the local ordinances of the Lincoln-Lancaster County
Health Department and city of Omaha, respectively, and to create
Federally enforceable Class II operating permit programs for these
agencies.
(i) Incorporation by reference.
(A) 1993 Lincoln-Lancaster County Air Pollution Control Program,
Version March 1995, effective May 16, 1995. This includes the following
citations: Article I (except Section 6); Article II, Sections 1-12, 14-
17, 19-20, 22, 24-25, 32-38; and Appendix I.
(B) Ordinance No. 33102 dated November 2, 1993, which adopts Chapter
41, Article I, Sections 41-4 through 41-6; 41-9; 41-10; Article II,
Sections 41-23; 41-27; 41-38; and 41-40 and Article IV of the Omaha
Municipal Code. Ordinance No. 33506 dated March 21, 1995, amends Chapter
41, Article I, Sections 41-2 and

[[Page 344]]

41-9 of the Omaha Municipal Code and adopts Title 129, Nebraska Air
Quality Regulations, approved December 2, 1994.
(ii) Additional material.
(A) Letter from the city of Omaha dated September 13, 1995,
regarding adequate authority to implement section 112(l).
(B) Letter from the NDEQ dated November 9, 1995, regarding rule
omissions and PSD.
(45) A revision to the Nebraska SIP to reduce lead emissions in the
Omaha lead nonattainment area sufficient to bring that area back into
attainment with the lead National Ambient Air Quality Standard.
(i) Incorporation by reference.
(A) Amended Complaint and Compliance Order Case No. 1520, signed
June 6, 1996, except for paragraph 19 and accompanying work practice
manual in Appendix A.
(ii) Additional material.
(A) Supplemental document entitled, ``Methods for Determining
Compliance'' submitted by the state to provide additional detail
regarding the compliance methods for this Order.

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

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

Sec. 52.1427 Operating permits.

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

[61 FR 5701, Feb. 14, 1996]

Sec. 52.1428 Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

(a) The owner and operator of each source and each unit located in
the State of Nebraska and Indian country within the borders of the State
and for which requirements are set forth under the TR NOX
Annual Trading Program in subpart AAAAA of part 97 of this chapter must
comply with such requirements. The obligation to comply with such
requirements with regard to sources and units in the State will be
eliminated by the promulgation of an approval by the Administrator of a
revision to Nebraska's State Implementation Plan (SIP) as correcting in
part the SIP's deficiency that is the basis for the TR Federal
Implementation Plan under Sec. 52.38(a), except to the extent the
Administrator's approval is partial or conditional. The obligation to
comply with such requirements with regard to sources and units located
in Indian country within the borders of the State will not be eliminated
by the promulgation of an approval by the Administrator of a revision to
Nebraska's SIP.
(b) Notwithstanding the provisions of paragraph (a) of this section,
if, at the time of the approval of Nebraska's SIP revision described in
paragraph (a) of this section, the Administrator has already started
recording any allocations of TR NOX Annual allowances under
subpart AAAAA of part 97 of this chapter to units in the State for a
control period in any year, the provisions of subpart AAAAA of part 97
of this chapter authorizing the Administrator to complete the allocation
and recordation of TR NOX Annual allowances to units in the
State for each such control period shall continue to apply, unless
provided otherwise by such approval of the State's SIP revision.

[76 FR 48369, Aug. 8, 2011]

Sec. 52.1429 Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

(a) The owner and operator of each source and each unit located in
the State of Nebraska and Indian country within the borders of the State
and for

[[Page 345]]

which requirements are set forth under the TR SO2 Group 2
Trading Program in subpart DDDDD of part 97 of this chapter must comply
with such requirements. The obligation to comply with such requirements
with regard to sources and units in the State will be eliminated by the
promulgation of an approval by the Administrator of a revision to
Nebraska's State Implementation Plan (SIP) as correcting in part the
SIP's deficiency that is the basis for the TR Federal Implementation
Plan under Sec. 52.39, except to the extent the Administrator's
approval is partial or conditional. The obligation to comply with such
requirements with regard to sources and units located in Indian country
within the borders of the State will not be eliminated by the
promulgation of an approval by the Administrator of a revision to
Nebraska's SIP.
(b) Notwithstanding the provisions of paragraph (a) of this section,
if, at the time of the approval of Nebraska's SIP revision described in
paragraph (a) of this section, the Administrator has already started
recording any allocations of TR SO2 Group 2 allowances under
subpart DDDDD of part 97 of this chapter to units in the State for a
control period in any year, the provisions of subpart DDDDD of part 97
of this chapter authorizing the Administrator to complete the allocation
and recordation of TR SO2 Group 2 allowances to units in the
State for each such control period shall continue to apply, unless
provided otherwise by such approval of the State's SIP revision.

[76 FR 48369, Aug. 8, 2011]

Sec. Sec. 52.1430-52.1435 [Reserved]

Sec. 52.1436 Significant deterioration of air quality.

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

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

Sec. 52.1437 Visibility protection.

(a) Regional Haze. The requirements of section 169A of the Clean Air
Act are not met because the regional haze plan submitted by Nebraska on
July 13, 2011, does not include approvable measures for meeting the
requirements of 40 CFR 51.308(d)(3) and 51.308(e) with respect to
emissions of SO2 from Nebraska Public Power District, Gerald
Gentleman Station, Units 1 and 2. EPA has disapproved the provisions of
the July 13, 2011 SIP pertaining to the SO2 BART
determination for this facility, including those provisions of the long-
term strategy addressing the SO2 BART measures for these
units.
(b) Measures Addressing Partial Disapproval Associated with SO2. The
deficiencies associated with the SO2 BART determination for
Nebraska Public Power District, Gerald Gentleman Station, Units 1 and 2
identified in EPA's partial disapproval of the regional haze plan
submitted by Nebraska on July 13, 2011, are satisfied by Sec. 52.1429.

[77 FR 40169, July 6, 2012]

Subpart DD_Nevada

Sec. 52.1470 Identification of plan.

(a) Purpose and scope. This section sets forth the applicable State
implementation plan for the State of Nevada under section 110 of the
Clean Air Act, 42 U.S.C. 7401-7671q and 40 CFR part 51 to meet national
ambient air quality standards.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to December
31, 2013, 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)

[[Page 346]]

and (d) of this section with EPA approval dates after December 31, 2013,
will be incorporated by reference in the next update to the SIP
compilation.
(2) EPA Region IX certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated State
rules/regulations which have been approved as part of the State
implementation plan as of December 31, 2013.
(3) Copies of the materials incorporated by reference may be
inspected at the Region IX EPA Office at 75 Hawthorne Street, San
Francisco, CA 94105; Air and Radiation Docket and Information Center,
EPA Headquarters Library, Infoterra Room (Room Number 3334), EPA West
Building, 1301 Constitution Ave. NW., Washington, DC; or the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call (202) 741-6030, or go to:
http://www.archives.gov/federal-register/cfr/ibr-locations.html.
(c) EPA approved regulations.

Table 1--EPA-Approved Nevada Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
State
State citation Title/Subject effective date EPA Approval date Additional explanation
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 43, Public Safety; Vehicles; Watercraft; Chapter 485, Motor Vehicles: Insurance
and Financial Responsibility
----------------------------------------------------------------------------------------------------------------
485.050........................ ``Motor vehicle'' 10/1/03 77 FR 59321 (9/27/ Submitted on 5/21/12.
defined. 12) Nev. Rev. Stat. Ann.
Sec. 485.050
(Michie 2010).
----------------------------------------------------------------------------------------------------------------
Nevada Administrative Code, Chapter 445B, Air Controls, Air Pollution; Nevada Administrative Code, Chapter 445,
Air Controls, Air Pollution; Nevada Air Quality Regulations--Definitions
----------------------------------------------------------------------------------------------------------------
445B.001....................... Definitions....... 1/1/07 73 FR 19144 (4/9/ Most recently approved
08) version was submitted
on 6/26/07. See 40
CFR
52.1490(c)(66)(i)(A)(
3)(ii).
445.431........................ ``Acid mist'' 8/28/79 49 FR 11626 (3/27/ Submitted on 10/26/82.
defined. 84) See 40 CFR
52.1490(c)(25)(i)(A).
445B.002....................... ``Act'' defined... 8/28/79 71 FR 15040 (3/27/ Most recently approved
06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
1)(i).
445B.003....................... ``Adjacent 12/13/93 77 FR 59321 (9/27/ Submitted on 1/24/11.
properties'' 12) November 2010
defined. codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.0035...................... ``Administrative 09/24/04 77 FR 59321 (9/27/ Submitted on 1/24/11.
revision to a 12) November 2010
Class I operating codification of NAC
permit'' defined. chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.004....................... ``Administrator'' 10/14/82 71 FR 15040 (3/27/ Most recently approved
defined. 06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
2)(i).
445B.005....................... ``Affected 10/30/95 71 FR 15040 (3/27/ Most recently approved
facility'' 06) version was submitted
defined. on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
3)(i).
445B.006....................... ``Affected 10/25/01 71 FR 15040 (3/27/ Most recently approved
source'' defined. 06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
3)(v).
445B.007....................... ``Affected state'' 12/13/93 77 FR 59321 (9/27/ Submitted on 1/24/11.
defined. 12) November 2010
codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.009....................... ``Air-conditioning 12/4/76 71 FR 15040 (3/27/ Most recently approved
equipment'' 06) version was submitted
defined. on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
1)(i).
445.436........................ ``Air 8/28/79 49 FR 11626 (3/27/ Most recently approved
contaminant'' 84) version was submitted
defined. on 10/26/82. See 40
CFR
52.1490(c)(25)(i)(A).
445B.011....................... ``Air pollution'' 3/5/98 71 FR 15040 (3/27/ Most recently approved
defined. 06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
3)(ii).
445B.013....................... ``Allowable 10/31/05 77 FR 59321 (9/27/ Submitted on 1/24/11.
emissions'' 12) November 2010
defined. codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.

[[Page 347]]

445B.014....................... ``Alteration'' 10/30/95 77 FR 59321 (9/27/ Submitted on 1/24/11.
defined. 12) November 2010
codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.015....................... ``Alternative 10/30/95 71 FR 71486 (12/11/ Most recently approved
method'' defined. 06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
7)(i).
445B.016....................... ``Alternative 10/30/95 77 FR 59321 (9/27/ Submitted on 1/24/11.
operating 12) November 2010
scenarios'' codification of NAC
defined. chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.018....................... ``Ambient air'' 10/22/87 71 FR 15040 (3/27/ Most recently approved
defined. 06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
2)(ii).
445B.019....................... ``Applicable 07/22/10 77 FR 59321 (9/27/ Submitted on 1/24/11.
requirement'' 12) November 2010
defined. codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.022....................... ``Atmosphere'' 12/4/76 71 FR 15040 (3/27/ Most recently approved
defined. 06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
1)(i).
445B.029....................... ``Best available 4/23/09 77 FR 17334 (3/26/ Included in
retrofit 12) supplemental SIP
technology'' revision submitted on
defined. September 20, 2011,
and approved as part
of approval of Nevada
Regional Haze SIP.
445.445........................ ``Barite'' defined 1/25/79 49 FR 11626 (3/27/ Submitted on 10/26/82.
84) See 40 CFR
52.1490(c)(25)(i)(A).
445.447........................ ``Barite grinding 1/25/79 49 FR 11626 (3/27/ Submitted on 10/26/82.
mill'' defined. 84) See 40 CFR
52.1490(c)(25)(i)(A).
445B.030....................... ``British thermal 10/22/87 71 FR 15040 (3/27/ Most recently approved
units'' defined. 06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
2)(ii).
445B.035....................... ``Class I-B 10/30/95 77 FR 59321 (9/27/ Submitted on 1/24/11.
application'' 12) November 2010
defined. codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.036....................... ``Class I source'' 09/24/04 77 FR 59321 (9/27/ Submitted on 1/24/11.
defined. 12) November 2010
codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.037....................... ``Class II 07/22/10 77 FR 59321 (9/27/ Submitted on 1/24/11.
source'' defined. 12) November 2010
codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.038....................... ``Class III 07/22/10 77 FR 59321 (9/27/ Submitted on 1/24/11.
source'' defined. 12) November 2010
codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445.458........................ ``Calcine'' 12/4/76 49 FR 11626 (3/27/ Most recently approved
defined. 84) version was submitted
on 10/26/82. See 40
CFR
52.1490(c)(25)(i)(A).
445.464........................ ``Coal'' defined.. 12/4/76 49 FR 11626 (3/27/ Most recently approved
84) version was submitted
on 10/26/82. See 40
CFR
52.1490(c)(25)(i)(A).
445.470........................ ``Colemanite'' 11/17/78 49 FR 11626 (3/27/ Submitted on 10/26/82.
defined. 84) See 40 CFR
52.1490(c)(25)(i)(A).
445.471........................ ``Colemanite 11/17/78 49 FR 11626 (3/27/ Submitted on 10/26/82.
processing 84) See 40 CFR
plant'' defined. 52.1490(c)(25)(i)(A).
445B.042....................... ``Combustible 12/4/76 71 FR 15040 (3/27/ Most recently approved
refuse'' defined. 06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
1)(i).
445B.0423...................... ``Commence'' 04/17/08 77 FR 59321 (9/27/ Submitted on 5/21/12.
defined. 12) November 2010
codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.0425...................... ``Commission'' 3/5/98 71 FR 15040 (3/27/ Submitted on 1/12/06.
defined. 06) See 40 CFR
52.1490(c)(56)(i)(A)(
3)(ii).

[[Page 348]]

445B.044....................... ``Construction'' 10/31/05 77 FR 59321 (9/27/ Submitted on 1/24/11.
defined. 12) November 2010
codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.046....................... ``Contiguous 12/04/76 77 FR 59321 (9/27/ Submitted on 1/24/11.
property'' 12) November 2010
defined. codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.047....................... ``Continuous 12/4/76 71 FR 15040 (3/27/ Most recently approved
monitoring 06) version was submitted
system'' defined. on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
1)(i).
445.482........................ ``Converter'' 12/4/76 49 FR 11626 (3/27/ Most recently approved
defined. 84) version was submitted
on 10/26/82. See 40
CFR
52.1490(c)(25)(i)(A).
445B.051....................... ``Day'' defined... 10/22/87 71 FR 15040 (3/27/ Most recently approved
06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
2)(ii).
445B.053....................... ``Director'' 12/4/76 71 FR 15040 (3/27/ Most recently approved
defined. 06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
1)(i).
445B.054....................... ``Dispersion 10/31/05 77 FR 59321 (9/27/ Submitted on 1/24/11.
technique'' 12) November 2010
defined. codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445.492........................ ``Dryer'' defined. 12/4/76 49 FR 11626 (3/27/ Most recently approved
84) version was submitted
on 10/26/82. See 40
CFR
52.1490(c)(25)(i)(A).
Article 1.60................... Effective date.... 12/27/77 46 FR 43141 (8/27/ Submitted on 12/29/78.
81) See 40 CFR
52.1490(c)(14)(vii).
445B.055....................... ``Effective date 12/13/93 71 FR 15040 (3/27/ Submitted on 1/12/06.
of the program'' 06) See 40 CFR
defined. 52.1490(c)(56)(i)(A)(
2)(v).
445B.056....................... ``Emergency'' 12/13/93 71 FR 15040 (3/27/ Submitted on 1/12/06.
defined. 06) See 40 CFR
52.1490(c)(56)(i)(A)(
2)(v).
445B.058....................... ``Emission'' 3/5/98 71 FR 15040 (3/27/ Most recently approved
defined. 06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
3)(ii).
445B.059....................... ``Emission unit'' 10/30/95 71 FR 15040 (3/27/ Most recently approved
defined. 06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
3)(i).
445B.060....................... ``Enforceable'' 10/14/82 71 FR 15040 (3/27/ Most recently approved
defined. 06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
2)(i).
445B.061....................... ``EPA'' defined... 12/13/93 71 FR 15040 (3/27/ Submitted on 1/12/06.
06) See 40 CFR
52.1490(c)(56)(i)(A)(
2)(v).
445B.062....................... ``Equivalent 10/30/95 71 FR 71486 (12/11/ Most recently approved
method'' defined. 06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
7)(i).
445B.063....................... ``Excess 10/31/05 73 FR 19144 (4/9/ Most recently approved
emissions'' 08) version was submitted
defined. on 6/26/07. See 40
CFR
52.1490(c)(66)(i)(A)(
3)(iii).
445B.064....................... ``Excessive 10/31/05 77 FR 59321 (9/27/ Submitted on 1/24/11.
concentration'' 12) November 2010
defined. codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.066....................... ``Existing 10/30/95 77 FR 59321 (9/27/ Submitted on 1/24/11.
stationary 12) November 2010
source'' defined. codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
Article 1.73................... Existing source... 11/7/75 43 FR 36932 (8/21/ Submitted on 12/10/76.
78) See 40 CFR
52.1490(c)(12).
445.512........................ ``Floating roof'' 12/4/76 49 FR 11626 (3/27/ Most recently approved
defined. 84) version was submitted
on 10/26/82. See 40
CFR
52.1490(c)(25)(i)(A).
445.513........................ ``Fossil fuel'' 12/4/76 49 FR 11626 (3/27/ Most recently approved
defined. 84) version was submitted
on 10/26/82. See 40
CFR
52.1490(c)(25)(i)(A).
445B.068....................... ``Facility'' 10/30/95 77 FR 59321 (9/27/ Submitted on 1/24/11.
defined. 12) November 2010
codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.

[[Page 349]]

445B.069....................... ``Federally 04/17/08 77 FR 59321 (9/27/ Submitted on 1/24/11.
enforceable'' 12) November 2010
defined. codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.070....................... ``Federally 12/13/93 77 FR 59321 (9/27/ Submitted on 1/24/11.
enforceable 12) November 2010
emissions cap'' codification of NAC
defined. chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.072....................... ``Fuel'' defined.. 10/22/87 71 FR 15040 (3/27/ Most recently approved
06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
2)(ii).
445B.073....................... ``Fuel-burning 9/19/90 71 FR 15040 (3/27/ Most recently approved
equipment'' 06) version was submitted
defined. on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
2)(iii).
445B.075....................... ``Fugitive dust'' 11/15/94 71 FR 15040 (3/27/ Most recently approved
defined. 06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
2)(vi).
445B.077....................... ``Fugitive 10/30/95 71 FR 15040 (3/27/ Most recently approved
emissions'' 06) version was submitted
defined. on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
3)(i).
445B.080....................... ``Garbage'' 12/4/76 71 FR 15040 (3/27/ Most recently approved
defined. 06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
1)(i).
445B.082....................... ``General permit'' 10/30/95 77 FR 59321 (9/27/ Submitted on 1/24/11.
defined. 12) November 2010
codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.083....................... ``Good engineering 10/31/05 77 FR 59321 (9/27/ Submitted on 1/24/11.
practice stack 12) November 2010
height'' defined. codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.084....................... ``Hazardous air 12/13/93 71 FR 71486 (12/11/ Submitted on 1/12/06.
pollutant'' 06) See 40 CFR
defined. 52.1490(c)(56)(i)(A)(
6)(ii).
445B.086....................... ``Incinerator'' 12/4/76 71 FR 15040 (3/27/ Most recently approved
defined. 06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
1)(i).
445B.087....................... ``Increment'' 12/13/93 77 FR 59321 (9/27/ Submitted on 1/24/11.
defined. 12) November 2010
codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445.536........................ ``Lead'' defined.. 12/4/76 49 FR 11626 (3/27/ Most recently approved
84) version was submitted
on 10/26/82. See 40
CFR
52.1490(c)(25)(i)(A).
445B.091....................... ``Local air 12/4/76 71 FR 15040 (3/27/ Most recently approved
pollution control 06) version was submitted
agency'' defined. on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
1)(i).
``Article 1--Definitions: No. Lowest achievable 8/28/79 46 FR 21758 (4/14/ Submitted on 7/24/79.
2--LAER''. emission rate. 81) See 40 CFR
52.1490(c)(16)(i).
445B.093....................... ``Major 09/24/04 77 FR 59321 (9/27/ Submitted on 1/24/11.
modification'' 12) November 2010
defined. codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.094....................... ``Major source'' 06/01/01 77 FR 59321 (9/27/ Submitted on 1/24/11.
defined. 12) November 2010
codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.0945...................... ``Major stationary 9/24/04 77 FR 59321 (9/27/ Submitted on 1/24/11.
source'' defined. 12) November 2010
codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.095....................... ``Malfunction'' 12/4/76 71 FR 15040 (3/27/ Originally adopted on
defined. 06) 9/16/76. Most
recently approved
version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
1)(i).
445B.097....................... ``Maximum 10/22/87 71 FR 15040 (3/27/ Most recently approved
allowable 06) version was submitted
throughput'' on 1/12/06. See 40
defined. CFR
52.1490(c)(56)(i)(A)(
2)(ii).
445B.099....................... ``Modification'' 10/30/95 77 FR 59321 (9/27/ Submitted on 1/24/11.
defined. 12) November 2010
codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.

[[Page 350]]

445B.103....................... ``Monitoring 1/11/96 71 FR 15040 (3/27/ Most recently approved
device'' defined. 06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
2)(vi).
445B.104....................... ``Motor vehicle'' 06/01/01 77 FR 59321 (9/27/ Submitted on 1/24/11.
defined. 12) November 2010
codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.106....................... ``Multiple chamber 12/4/76 71 FR 15040 (3/27/ Originally adopted on
incinerator'' 06) 9/16/76. Most
defined. recently approved
version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
1)(i).
445B.107....................... ``Nearby'' defined 10/31/05 77 FR 59321 (9/27/ Submitted on 1/24/11.
12) November 2010
codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
Article 1.114.................. New source........ 11/7/75 43 FR 36932 (8/21/ Submitted on 12/10/76.
78) See 40 CFR
52.1490(c)(12).
445B.108....................... ``New stationary 10/30/95 77 FR 59321 (9/27/ Submitted on 1/24/11.
source'' defined. 12) November 2010
codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.109....................... ``Nitrogen 11/15/94 71 FR 15040 (3/27/ Most recently approved
oxides'' defined. 06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
2)(vi).
445B.112....................... ``Nonattainment 10/30/95 71 FR 15040 (3/27/ Most recently approved
area'' defined. 06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
3)(i).
445B.113....................... ``Nonroad engine'' 6/1/01 71 FR 15040 (3/27/ Submitted on 1/12/06.
defined. 06) See 40 CFR
52.1490(c)(56)(i)(A)(
3)(iv).
445B.1135...................... ``Nonroad 6/1/01 71 FR 15040 (3/27/ Submitted on 1/12/06.
vehicle'' defined. 06) See 40 CFR
52.1490(c)(56)(i)(A)(
3)(iv).
445B.116....................... ``Odor'' defined.. 10/30/95 71 FR 15040 (3/27/ Most recently approved
06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
3)(i).
445B.117....................... ``Offset'' defined 10/30/95 77 FR 59321 (9/27/ Submitted on 1/24/11.
12) November 2010
codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.119....................... ``One-hour 10/22/87 71 FR 15040 (3/27/ Most recently approved
period'' defined. 06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
2)(ii).
445B.121....................... ``Opacity'' 12/4/76 71 FR 15040 (3/27/ Originally adopted on
defined. 06) 9/16/76. Most
recently approved
version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
1)(i).
445B.122....................... ``Open burning'' 12/4/76 71 FR 15040 (3/27/ Originally adopted on
defined. 06) 9/16/76. Most
recently approved
version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
1)(i).
445B.123....................... ``Operating 07/22/10 77 FR 59321 (9/27/ Submitted on 1/24/11.
permit'' defined. 12) November 2010
codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.124....................... ``Operating permit 12/17/02 77 FR 59321 (9/27/ Submitted on 1/24/11.
to construct'' 12) November 2010
defined. codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.125....................... ``Ore'' defined... 11/17/78 71 FR 15040 (3/27/ Originally adopted on
06) 9/12/78. Most
recently approved
version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
1)(iii).
445B.127....................... ``Owner or 12/4/76 71 FR 15040 (3/27/ Originally adopted on
operator'' 06) 9/16/76. Most
defined. recently approved
version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
1)(i).
445B.129....................... ``Particulate 12/4/76 71 FR 15040 (3/27/ Originally adopted on
matter'' defined. 06) 9/16/76. Most
recently approved
version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
1)(i).

[[Page 351]]

445B.130....................... ``Pathological 10/30/95 71 FR 15040 (3/27/ Most recently approved
wastes'' defined. 06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
3)(i).
445B.134....................... Person............ 9/18/06 72 FR 19801 (4/20/ Most recently approved
07) version was submitted
on 12/8/06. See 40
CFR
52.1490(c)(62)(i)(A)(
1).
445B.1345...................... ``Plantwide 07/22/10 77 FR 59321 (9/27/ Submitted on 1/24/11.
applicability 12) November 2010
limitation'' codification of NAC
defined. chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445.565........................ ``Petroleum'' 12/4/76 49 FR 11626 (3/27/ Most recently approved
defined. 84) version was submitted
on 10/26/82. See 40
CFR
52.1490(c)(25)(i)(A).
445B.135....................... ``PM10'' defined.. 12/26/91 71 FR 15040 (3/27/ Submitted on 1/12/06.
06) See 40 CFR
52.1490(c)(56)(i)(A)(
2)(iv).
445B.138....................... ``Potential to 12/16/10 77 FR 59321 (9/27/ Submitted on 1/24/11.
emit'' defined. 12) June 2012
codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
Article 1.131.................. Point source...... 12/4/76 43 FR 36932 (8/21/ Submitted on 12/10/76.
78) See 40 CFR
52.1490(c)(12).
445.570........................ ``Portland cement 12/4/76 49 FR 11626 (3/27/ Most recently approved
plant'' defined. 84) version was submitted
on 10/26/82. See 40
CFR
52.1490(c)(25)(i)(A).
445.574........................ ``Precious metal'' 8/28/79 49 FR 11626 (3/27/ Submitted on 10/26/82.
defined. 84) See 40 CFR
52.1490(c)(25)(i)(A).
445.575........................ ``Precious metal 8/28/79 49 FR 11626 (3/27/ Submitted on 10/26/82.
processing 84) See 40 CFR
plant'' defined. 52.1490(c)(25)(i)(A).
445B.142....................... ``Prevention of 12/13/93 77 FR 59321 (9/27/ Submitted on 1/24/11.
significant 12) November 2010
deterioration of codification of NAC
air quality'' chapter 445B
defined. published by the
Nevada Legislative
Counsel Bureau.
445B.144....................... ``Process 12/4/76 71 FR 15040 (3/27/ Most recently version
equipment'' 06) was submitted on 1/12/
defined. 06. See 40 CFR
52.1490(c)(56)(i)(A)(
1)(i).
445B.145....................... ``Process weight'' 10/30/95 71 FR 15040 (3/27/ Most recently approved
defined. 06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
3)(i).
445B.147....................... ``Program'' 12/13/93 77 FR 59321 (9/27/ Submitted on 1/24/11.
defined. 12) November 2010
codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445.585........................ ``Process weight 8/28/79 49 FR 11626 (3/27/ Most recently approved
rate'' defined. 84) version was submitted
on 10/26/82. See 40
CFR
52.1490(c)(25)(i)(A).
445B.151....................... ``Reference 10/22/87 71 FR 15040 (3/27/ Most recently approved
conditions'' 06) version was submitted
defined. on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
2)(ii).
445B.152....................... ``Reference 10/30/95 71 FR 15040 (3/27/ Most recently approved
method'' defined. 06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
3)(i).
445.592........................ ``Registration 8/28/79 49 FR 11626 (3/27/ Most recently approved
certificate'' 84) version was submitted
defined. on 10/26/82. See 40
CFR
52.1490(c)(25)(i)(A).
445B.153....................... ``Regulated air 10/31/05 73 FR 19144 (4/9/ Submitted on 6/26/07.
pollutant'' 08) See 40 CFR
defined. 52.1490(c)(66)(i)(A)(
3)(iii).
445B.154....................... ``Renewal of an 12/13/93 77 FR 59321 (9/27/ Submitted on 1/24/11.
operating 12) November 2010
permit'' defined. codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.156....................... ``Responsible 07/22/10 77 FR 59321 (9/27/ Submitted on 1/24/11.
official'' 12) November 2010
defined. codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.157....................... ``Revision of an 09/24/04 77 FR 59321 (9/27/ Submitted on 1/24/11.
operating 12) November 2010
permit'' defined. codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.

[[Page 352]]

445.597........................ ``Roaster'' 12/4/76 49 FR 11626 (3/27/ Most recently approved
defined. 84) version was submitted
on 10/26/82. See 40
CFR
52.1490(c)(25)(i)(A).
445B.161....................... ``Run'' defined... 12/4/76 71 FR 15040 (3/27/ Most recently approved
06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
1)(i).
445B.163....................... ``Salvage 12/4/76 71 FR 15040 (3/27/ Most recently approved
operation'' 06) version was submitted
defined. on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
1)(i).
445B.167....................... ``Shutdown'' 12/4/76 71 FR 15040 (3/27/ Most recently approved
defined. 06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
1)(i).
445B.168....................... ``Single chamber 12/27/77 71 FR 15040 (3/27/ Most recently approved
incinerator'' 06) version was submitted
defined. on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
1)(ii).
Article 1.171.................. Single source..... 11/7/75 43 FR 36932 (8/21/ Submitted on 12/10/76.
78) See 40 CFR
52.1490(c)(12).
445B.172....................... ``Six-minute 12/4/76 73 FR 19144 (4/9/ Most recently approved
period'' defined. 08) version was submitted
on 6/26/07. See 40
CFR
52.1490(c)(66)(i)(A)(
1)(i).
445.618........................ ``Slag'' defined.. 12/4/76 49 FR 11626 (3/27/ Most recently approved
84) version was submitted
on 10/26/82. See 40
CFR
52.1490(c)(25)(i)(A).
445B.174....................... ``Smoke'' defined. 12/4/76 71 FR 15040 (3/27/ Most recently approved
06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
1)(i).
445B.176....................... ``Solid waste'' 12/4/76 71 FR 15040 (3/27/ Most recently approved
defined. 06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
1)(i).
445B.177....................... ``Source'' defined 10/30/95 71 FR 15040 (3/27/ Most recently approved
06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
3)(i).
445B.180....................... ``Stack and 10/30/95 71 FR 15040 (3/27/ Most recently approved
chimney'' defined. 06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
3)(i).
445B.182....................... ``Standard'' 11/15/94 71 FR 15040 (3/27/ Most recently approved
defined. 06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
2)(vi).
445B.185....................... ``Start-up'' 12/4/76 71 FR 15040 (3/27/ Originally adopted on
defined. 06) 9/16/76. Most
recently approved
version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
1)(i).
445B.187....................... ``Stationary 12/16/10 77 FR 59321 (9/27/ Submitted on 1/24/11.
source'' defined. 12) June 2012
codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.190....................... ``Stop order'' 12/13/93 73 FR 19144 (4/9/ Most recently approved
defined. 08) version was submitted
on 6/26/07. See 40
CFR
52.1490(c)(66)(i)(A)(
2)(i).
445B.194....................... ``Temporary 06/01/01 77 FR 59321 (9/27/ Submitted on 1/24/11.
source'' defined. 12) November 2010
codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445.633........................ ``Submerged fill 12/4/76 49 FR 11626 (3/27/ Most recently approved
pipe'' defined. 84) version was submitted
on 10/26/82. See 40
CFR
52.1490(c)(25)(i)(A).
445B.198....................... ``Uncombined 12/4/76 71 FR 15040 (3/27/ Originally adopted on
water'' defined. 06) 9/16/76. Most
recently approved
version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
1)(i).
445B.200....................... ``Violation'' 12/13/93 77 FR 59321 (9/27/ Submitted on 5/21/12.
defined. 12) November 2010
codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Burea.
445B.202....................... ``Volatile organic 11/15/94 71 FR 71486 (12/11/ Most recently approved
compounds'' 06) version was submitted
defined. on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
6)(iii).
445B.205....................... ``Waste'' defined. 12/4/76 71 FR 15040 (3/27/ Originally adopted on
06) 9/16/76. Most
recently approved
version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
1)(i).

[[Page 353]]

445B.207....................... ``Wet garbage'' 12/4/76 71 FR 15040 (3/27/ Originally adopted on
defined. 06) 9/16/76. Most
recently approved
version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
1)(i).
445B.209....................... ``Year'' defined.. 10/22/87 71 FR 15040 (3/27/ Most recently approved
06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
2)(ii).
445B.211....................... Abbreviations..... 9/24/04 71 FR 15040 (3/27/ Most recently approved
06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
3)(vii).
----------------------------------------------------------------------------------------------------------------
Nevada Administrative Code, Chapter 445B, Air Controls, Air Pollution; Nevada Administrative Code, Chapter 445,
Air Controls, Air Pollution; Nevada Air Quality Regulations--General Provisions
----------------------------------------------------------------------------------------------------------------
445B.220....................... Severability...... 1/1/07 73 FR 19144 (4/9/ Most recently approved
08) version was submitted
on 6/26/07. See 40
CFR
52.1490(c)(66)(i)(A)(
3)(v).
445B.22017..................... Visible emissions: 4/1/06 73 FR 19144 (4/9/ Most recently approved
Maximum opacity; 08) version submitted on
determination and 6/26/07. See 40 CFR
monitoring of 52.1490(c)(66)(A)(3)(
opacity. iii).
445B.2202...................... Visible emissions: 4/1/06 73 FR 19144 (4/9/ Most recently approved
Exceptions for 08) version submitted on
stationary 6/26/07. See 40 CFR
sources. 52.1490(c)(66)(A)(3)(
iii).
Article 16.3.3, subsections Standard for 3/31/77 47 FR 26386 (6/18/ Submitted on 12/29/78.
16.3.3.2 and 16.3.3.3. Opacity [Portland 82) See 40 CFR
cement plants]. 52.1490(c)(14)(viii).
Subsection 16.3.3.1
was deleted without
replacement at 72 FR
25971 (5/8/07).
445.729........................ Process weight 12/4/76 49 FR 11626 (3/27/ Most recently approved
rate for 84) version was submitted
calculating on 10/26/82. See 40
emission rates. CFR
52.1490(c)(25)(i)(A).
Article 7.2.5.1................ [Establishes 12/3/80 47 FR 26386 (6/18/ Submitted on 11/5/80.
maximum allowable 82) See 40 CFR
particulate 52.1490(c)(22)(ii).
emissions rate
for the first
barite grinding
mill at Milchem
Inc. near Battle
Mountain].
445.808(1), (2)(a-c), (3), (4), [Establishes 8/24/83 49 FR 11626 (3/27/ Submitted on 9/14/83.
and (5). standards for (adopted) 84) See 40 CFR
maximum allowable 52.1490(c)(26)(i)(A).
particulate
emissions rate
and discharge
opacity for
certain barite
grinding mills at
IMCO Services and
at Dresser
Industries, in or
near Battle
Mountain].
445.816(1), (2)(d), (3), (4), [Establishes 8/24/83 49 FR 11626 (3/27/ Submitted on 9/14/83.
and (5). standards for (adopted) 84) See 40 CFR
maximum allowable 52.1490(c)(26)(i)(A).
particulate
emissions rate
and discharge
opacity for
certain
processing plants
for precious
metals at the
Freeport Gold
Company in the
North Fork area].
445.730........................ Colemanite 11/17/78 49 FR 11626 (3/27/ Most recently approved
flotation 84) version was submitted
processing plants. on 10/26/82. See 40
CFR
52.1490(c)(25)(i)(A).

[[Page 354]]

445B.22027..................... Emissions of 3/5/98 72 FR 25971 (5/8/ Most recently approved
particulate 07) version was submitted
matter: Maximum on 1/12/06. See 40
allowable CFR
throughput for 52.1490(c)(56)(i)(A)(
calculating 3)(ii).
emissions rates.
445B.2203...................... Emissions of 9/27/99 72 FR 25971 (5/8/ Most recently approved
particulate 07) version was submitted
matter: Fuel- on 1/12/06. See 40
burning equipment. CFR
52.1490(c)(56)(i)(A)(
3)(iii).
445B.22033..................... Emissions of 3/5/98 72 FR 25971 (5/8/ Most recently approved
particulate 07) version was submitted
matter: Sources on 1/12/06. See 40
not otherwise CFR
limited. 52.1490(c)(56)(i)(A)(
3)(ii).
445B.22037..................... Emissions of 10/30/95 72 FR 25971 (5/8/ Most recently approved
particulate 07) version was submitted
matter: Fugitive on 1/12/06. See 40
dust. CFR
52.1490(c)(56)(i)(A)(
3)(i).
Article 8, subsection 8.2.1.... [Indirect Heat 1/28/72 37 FR 10842 (5/31/ Submitted on 1/28/72.
Transfer Fuel (submitted) 72) See 40 CFR
Burning 52.1490(b).
Equipment--Sulfur
emission limits].
Article 8.2.2.................. [``Sulfur 12/4/76 46 FR 43141 (8/27/ Submitted on 12/29/78.
emission'' 81) See 40 CFR
defined for 52.1490(c)(14)(vii).
purposes of
Article 8.].
445B.2204...................... ``Sulfur 12/4/76 71 FR 15040 (3/27/ Originally adopted on
emission'' 06) 9/16/76. Most
defined. recently approved
version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
1)(i).
445B.22043..................... Sulfur emissions: 9/24/04 73 FR 19144 (4/9/ Most recently approved
Calculation of 08) version submitted on
total feed sulfur. 6/26/07. See 40 CFR
52.1490(c)(66)(A)(3)(
ii).
445B.22047..................... Sulfur emissions: 9/27/99 71 FR 15040 (3/27/ Most recently approved
Fuel-burning 06) version was submitted
equipment. on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
3)(iii).
445B.2205...................... Sulfur emissions: 9/24/04 73 FR 19144 (4/9/ Most recently approved
Other processes 08) version was submitted
which emit sulfur. on 6/26/07. See 40
CFR
52.1490(c)(66)(A)(3)(
ii).
445B.22067..................... Open burning...... 4/15/04 71 FR 15040 (3/27/ Most recently approved
06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
3)(vi).
445B.2207...................... Incinerator 4/15/04 71 FR 15040 (3/27/ Most recently approved
burning. 06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
3)(vi).
445B.22083..................... Construction, 10/31/05 73 FR 20536 (4/16/ Most recently approved
major 08) version was submitted
modification or on 8/20/07. See 40
relocation of CFR
plants to 52.1490(c)(67)(i)(A)(
generate 1).
electricity using
steam produced by
burning of fossil
fuels.
445B.2209...................... Reduction of 12/4/76 71 FR 15040 (3/27/ Originally adopted on
animal matter. 06) 9/16/76. Most
recently approved
version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
1)(i).
445B.22093..................... Organic solvents 10/31/05 73 FR 19144 (4/9/ Most recently approved
and other 08) version was submitted
volatile on 6/26/07. See 40
compounds. CFR
52.1490(c)(66)(i)(A)(
3)(iii).
445B.22095..................... Emission 4/23/09 77 FR 17334 (3/26/ Included in
limitation for 12) supplemental SIP
BART. revision submitted on
September 20, 2011,
and approved as part
of approval of Nevada
Regional Haze SIP.

[[Page 355]]

445B.22096, excluding the NOX Control measures 1/28/10 77 FR 50936 (8/23/ Included in
averaging time and control constituting 12) supplemental SIP
type for units 1, 2 and 3 and BART; limitations revision submitted on
the NOX emission limit for on emissions. September 20, 2011,
unit 3 in sub-paragraph and approved as part
(1)(c), all of which EPA has of approval of Nevada
disapproved. Regional Haze SIP.
Excluding the NOX
averaging time and
control type for
units 1, 2 and 3 and
the NOX emission
limit for unit 3 of
NV Energy's Reid
Gardner Generating
Station, all of which
EPA has disapproved.
445B.22097..................... Standards of 4/26/04 71 FR 15040 (3/27/ Most recently approved
quality for 06) version was submitted
ambient air. on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
3)(vi).
445B.225....................... Prohibited 10/30/95 73 FR 19144 (4/9/ Most recently approved
conduct: 08) version was submitted
Concealment of on 6/26/07. See 40
emissions. CFR
52.1490(c)(66)(i)(A)(
3)(i).
445B.227....................... Prohibited 1/11/96 73 FR 19144 (4/9/ Most recently approved
conduct: 08) version was submitted
Operation of on 1/12/06. See 40
source without CFR
required 52.1490(c)(56)(i)(A)(
equipment; 3)(i).
removal or
modification of
required
equipment;
modification of
required
procedure.
445B.229....................... Hazardous 10/30/95 73 FR 19144 (4/9/ Most recently approved
emissions: Order 08) version was submitted
for reduction or on 6/26/07. See 40
discontinuance. CFR
52.1490(c)(66)(i)(A)(
3)(i).
445B.230....................... Plan for reduction 9/18/06 72 FR 19801 (4/20/ Most recently approved
in emissions. 07) version was submitted
on 12/8/06. See 40
CFR
52.1490(c)(62)(i)(A)(
1).
445.667........................ Excess emissions: 8/28/79 49 FR 11626 (3/27/ Most recently approved
Scheduled 84) version was submitted
maintenance; on 10/26/82. See 40
testing; CFR
malfunction. 52.1490(c)(25)(i)(A).
Article 2.5 (``Scheduled [related to 11/7/75 43 FR 1341 (1/9/78) Submitted on 10/31/75.
Maintenance, Testing, and breakdown or See 40 CFR
Breakdown or Upset''), upset]. 52.1490(c)(11).
subsection 2.5.4. Article 2.5,
subsection 2.5.4
states: ``Breakdown
or upset, determined
by the Director to be
unavoidable and not
the result of
careless or marginal
operations, shall not
be considered a
violation of these
regulations.''
445B.250....................... Notification of 10/31/05 73 FR 20536 (4/16/ Most recently approved
Director: 08) version was submitted
Construction, on 8/20/07. See 40
reconstruction CFR
and initial start- 52.1490(c)(67)(i)(A)(
up; demonstration 1).
of continuous
monitoring system
performance.
445B.252....................... Testing and 10/30/03 73 FR 20536 (4/16/ Most recently approved
sampling. 08) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
3)(i).
445B.256....................... Monitoring 10/30/95 71 FR 71486 (12/11/ Most recently approved
systems: 06) version was submitted
Calibration, on 1/12/06. See 40
operation and CFR
maintenance of 52.1490(c)(56)(i)(A)(
equipment. 7)(i).
445B.257....................... Monitoring 12/4/76 71 FR 71486 (12/11/ Most recently approved
systems: Location. 06) version was submitted
on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
5)(i).
445B.258....................... Monitoring 9/18/06 72 FR 19801 (4/20/ Most recently approved
systems: 07) version was submitted
Verification of on 12/8/06. See 40
operational CFR
status. 52.1490(c)(62)(i)(A)(
1).
445B.259....................... Monitoring 9/18/06 72 FR 19801 (4/20/ Most recently approved
systems: 07) version was submitted
Performance on 12/8/06. See 40
evaluations. CFR
52.1490(c)(62)(i)(A)(
1).

[[Page 356]]

445B.260....................... Monitoring 9/18/06 72 FR 19801 (4/20/ Most recently approved
systems: 07) version was submitted
Components on 12/8/06. See 40
contracted for CFR
before September 52.1490(c)(62)(i)(A)(
11, 1974. 1).
445B.261....................... Monitoring 12/4/76 71 FR 71486 (12/11/ Most recently approved
systems: 06) version was submitted
Adjustments. on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
5)(i).
445B.262....................... Monitoring 10/30/03 71 FR 71486 (12/11/ Most recently approved
systems: 06) version was submitted
Measurement of on 1/12/06. See 40
opacity. CFR
52.1490(c)(56)(i)(A)(
7)(iii).
445B.263....................... Monitoring 12/4/76 71 FR 71486 (12/11/ Most recently approved
systems: 06) version was submitted
Frequency of on 1/12/06. See 40
operation. CFR
52.1490(c)(56)(i)(A)(
5)(i).
445B.264....................... Monitoring 9/25/00 71 FR 71486 (12/11/ Most recently approved
systems: 06) version was submitted
Recordation of on 1/12/06. See 40
data. CFR
52.1490(c)(56)(i)(A)(
7)(ii).
445B.265....................... Monitoring 7/2/84 71 FR 71486 (12/11/ Most recently approved
systems: Records; 06) version was submitted
reports. on 1/12/06. See 40
CFR
52.1490(c)(56)(i)(A)(
6)(i).
445B.267....................... Alternative 10/30/03 71 FR 71486 (12/11/ Most recently approved
monitoring 06) version was submitted
procedures or on 1/12/06. See 40
requirements. CFR
52.1490(c)(56)(i)(A)(
7)(iii).
445B.275....................... Violations: Acts 5/4/06 73 FR 19144 (4/9/ Most recently approved
constituting; 08) version was submitted
notice. on 6/26/07. See 40
CFR
52.1490(c)(66)(i)(A)(
3)(iv).
445B.277....................... Stop orders....... 5/4/06 73 FR 19144 (4/9/ Most recently approved
08) version was submitted
on 6/26/07. See 40
CFR
52.1490(c)(66)(i)(A)(
3)(iv).
445.694........................ Emission discharge 12/4/76 49 FR 11626 (3/27/ Most recently approved
information. 84) version was submitted
on 10/26/82. See 40
CFR
52.1490(c)(25)(i)(A).
445.699........................ Violations: 12/4/76 49 FR 11626 (3/27/ Most recently approved
Administrative 84) version was submitted
fines. on 10/26/82. See 40
CFR
52.1490(c)(25)(i)(A).
445.764........................ Reduction of 8/17/81 49 FR 11626 (3/27/ Most recently approved
employees' pay 84) version was submitted
because of use of on 10/26/82. See 40
system prohibited. CFR
52.1490(c)(25)(i)(A).
----------------------------------------------------------------------------------------------------------------
Nevada Administrative Code, Chapter 445B, Air Controls, Air Pollution--Operating Permits Generally
----------------------------------------------------------------------------------------------------------------
445B.287, excluding paragraphs Operating permits: 07/22/10 77 FR 59321 (9/27/ Submitted on 1/24/11,
(1)(d) and (4)(b). General 12) except for subsection
requirements; (2), which was
exception; submitted on 5/21/12.
restriction on November 2010
transfers. codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.288....................... Operating permits: 04/17/08 77 FR 59321 (9/27/ Submitted on 1/24/11.
Exemptions from 12) November 2010
requirements; codification of NAC
insignificant chapter 445B
activities. published by the
Nevada Legislative
Counsel Bureau.
445B.295....................... Application: 09/18/06 77 FR 59321 (9/27/ Submitted on 1/24/11.
General 12) November 2010
requirements. codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.297, excluding subsection Application: 05/04/06 77 FR 59321 (9/27/ Submitted on 1/24/11.
(2). Submission; 12) November 2010
certification; codification of NAC
additional chapter 445B
information. published by the
Nevada Legislative
Counsel Bureau.
445B.298....................... Application: 07/22/10 77 FR 59321 (9/27/ Submitted on 1/24/11.
Official date of 12) November 2010
submittal. codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.305....................... Operating permits: 07/22/10 77 FR 59321 (9/27/ Submitted on 1/24/11.
Imposition of 12) November 2010
more stringent codification of NAC
standards for chapter 445B
emissions. published by the
Nevada Legislative
Counsel Bureau.

[[Page 357]]

445B.308, excluding paragraph Prerequisites and 04/17/08 77 FR 59321 (9/27/ Submitted on 1/24/11.
(2)(d) and subsections (4), conditions for 12) November 2010
(5), and (10). issuance of codification of NAC
certain operating chapter 445B
permits; published by the
compliance with Nevada Legislative
applicable state Counsel Bureau.
implementation
plan.
445B.310....................... Environmental 09/18/06 77 FR 59321 (9/27/ Submitted on 1/24/11.
evaluation: 12) November 2010
Applicable codification of NAC
sources and other chapter 445B
subjects; published by the
exemption. Nevada Legislative
Counsel Bureau.
445B.311....................... Environmental 12/16/10 77 FR 59321 (9/27/ Submitted on 1/24/11.
evaluation: 12) June 2012
Contents; codification of NAC
consideration of chapter 445B
good engineering published by the
practice stack Nevada Legislative
height. Counsel Bureau.
445B.313....................... Method for 12/16/10 77 FR 59321 (9/27/ Submitted on 1/24/11.
determining heat 12) June 2012
input: Class I codification of NAC
sources. chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.3135...................... Method for 12/17/02 77 FR 59321 (9/27/ Submitted on 1/24/11.
determining heat 12) November 2010
input: Class II codification of NAC
sources. chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.314....................... Method for 12/17/02 77 FR 59321 (9/27/ Submitted on 1/24/11.
determining heat 12) November 2010
input: Class III codification of NAC
sources. chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.315....................... Contents of 5/4/06 77 FR 59321 (9/27/ Submitted on 1/24/11.
operating 12) November 2010
permits: codification of NAC
Exception for chapter 445B
operating permits published by the
to construct; Nevada Legislative
required Counsel Bureau.
conditions.
445B.318....................... Operating permits: 5/4/06 77 FR 59321 (9/27/ Submitted on 1/24/11.
Requirement for 12) November 2010
each source; form codification of NAC
of application; chapter 445B
issuance or published by the
denial; posting. Nevada Legislative
Counsel Bureau.
445B.319, excluding paragraph Operating permits: 9/24/04 77 FR 59321 (9/27/ Submitted on 1/24/11.
(3)(b). Administrative 12) November 2010
amendment. codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.325, excluding subsections Operating permits: 7/22/10 77 FR 59321 (9/27/ Submitted on 1/24/11.
(1), (3), and (4). Termination, 12) November 2010
reopening and codification of NAC
revision, chapter 445B
revision, or published by the
revocation and Nevada Legislative
reissuance. Counsel Bureau.
445B.331....................... Request for change 9/18/06 77 FR 59321 (9/27/ Submitted on 1/24/11.
of location of 12) November 2010
emission unit. codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.3361, excluding paragraph General 7/22/10 77 FR 59321 (9/27/ Submitted on 1/24/11.
(1)(b) and subsections (6) and requirements. 12) November 2010
(7). codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.3363...................... Operating permit 1/28/10 77 FR 59321 (9/27/ Submitted on 1/24/11.
to construct: 12) November 2010
Application. codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.33637..................... Operating permit 9/24/04 77 FR 59321 (9/27/ Submitted on 1/24/11.
to construct for 12) November 2010
approval of codification of NAC
plantwide chapter 445B
applicability published by the
limitation: Nevada Legislative
Application. Counsel Bureau.

[[Page 358]]

445B.3364...................... Operating permit 1/28/10 77 FR 59321 (9/27/ Submitted on 1/24/11.
to construct: 12) November 2010
Action by codification of NAC
Director on chapter 445B
application; published by the
notice; public Nevada Legislative
comment and Counsel Bureau.
hearing.
445B.3365...................... Operating permit 5/4/06 77 FR 59321 (9/27/ Submitted on 1/24/11.
to construct: 12) November 2010
Contents; codification of NAC
noncompliance chapter 445B
with conditions. published by the
Nevada Legislative
Counsel Bureau.
445B.33656..................... Operating permit 5/4/06 77 FR 59321 (9/27/ Submitted on 1/24/11.
to construct for 12) November 2010
approval of codification of NAC
plantwide chapter 445B
applicability published by the
limitation: Nevada Legislative
Contents; Counsel Bureau.
noncompliance
with conditions.
445B.3366...................... Expiration and 9/18/06 77 FR 59321 (9/27/ Submitted on 1/24/11.
extension of 12) November 2010
operating permit codification of NAC
to construct; chapter 445B
expiration and published by the
renewal of Nevada Legislative
plantwide Counsel Bureau.
applicability
limitation.
445B.3368...................... Additional 1/28/10 77 FR 59321 (9/27/ Submitted on 1/24/11.
requirements for 12) November 2010
application; codification of NAC
exception. chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.3375, excluding Class I-B 9/18/06 77 FR 59321 (9/27/ Submitted on 1/24/11.
subsections (2) and (3). application: 12) November 2010
Filing codification of NAC
requirement. chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.3395, excluding Action by Director 4/17/08 77 FR 59321 (9/27/ Submitted on 1/24/11.
subsections (13), (14), and on application; 12) November 2010
(15). notice; public codification of NAC
comment and chapter 445B
hearing; published by the
objection by Nevada Legislative
Administrator; Counsel Bureau.
expiration of
permit.
445B.340, excluding subsection Prerequisites to 4/17/08 77 FR 59321 (9/27/ Submitted on 1/24/11.
(3). issuance, 12) November 2010
revision or codification of NAC
renewal of permit. chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.342, excluding paragraph Certain changes 10/31/05 77 FR 59321 (9/27/ Submitted on 1/24/11.
(3)(e). authorized 12) November 2010
without revision codification of NAC
of permit; chapter 445B
notification of published by the
authorized Nevada Legislative
changes. Counsel Bureau.
445B.3425...................... Minor revision of 9/24/04 77 FR 59321 (9/27/ Submitted on 1/24/11.
permit. 12) November 2010
codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.344....................... Significant 12/17/02 77 FR 59321 (9/27/ Submitted on 1/24/11.
revision of 12) November 2010
permit. codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.3441...................... Administrative 9/18/06 77 FR 59321 (9/27/ Submitted on 1/24/11.
revision of 12) November 2010
permit to codification of NAC
incorporate chapter 445B
conditions of published by the
certain permits Nevada Legislative
to construct. Counsel Bureau.
445B.3443...................... Renewal of permit. 12/17/08 77 FR 59321 (9/27/ Submitted on 1/24/11.
12) November 2010
codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.

[[Page 359]]

445B.3447, excluding subsection Class I general 12/17/02 77 FR 59321 (9/27/ Submitted on 5/21/12.
(4). permit. 12) November 2010
codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.3453, excluding subsection Application: 5/4/06 77 FR 59321 (9/27/ Submitted on 1/24/11.
(3). General 12) November 2010
requirements. codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.3457...................... Action by Director 10/26/11 77 FR 59321 (9/27/ Submitted on 11/09/11.
on application; 12) June 2012
notice; public codification of NAC
comment and chapter 445B
hearing; published by the
expiration of Nevada Legislative
permit. Counsel Bureau.
445B.346, excluding subsection Required contents 10/30/95 77 FR 59321 (9/27/ Submitted on 1/24/11.
(6). of permit. 12) November 2010
codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.3465...................... Application for 10/31/05 77 FR 59321 (9/27/ Submitted on 1/24/11.
revision. 12) November 2010
codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.3473...................... Renewal of permit. 12/17/08 77 FR 59321 (9/27/ Submitted on 1/24/11.
12) November 2010
codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.3477...................... Class II general 4/17/08 77 FR 59321 (9/27/ Submitted on 1/24/11.
permit. 12) November 2010
codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.3485...................... Application: 9/18/06 77 FR 59321 (9/27/ Submitted on 1/24/11.
General 12) November 2010
requirements. codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.3487...................... Action by Director 9/18/06 77 FR 59321 (9/27/ Submitted on 1/24/11.
on application; 12) November 2010
expiration of codification of NAC
permit. chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.3489...................... Required contents 9/18/06 77 FR 59321 (9/27/ Submitted on 1/24/11.
of permit. 12) November 2010
codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.3493...................... Application for 10/25/01 77 FR 59321 (9/27/ Submitted on 1/24/11.
revision. 12) November 2010
codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
445B.3497...................... Renewal of permit. 12/17/08 77 FR 59321 (9/27/ Submitted on 1/24/11.
12) November 2010
codification of NAC
chapter 445B
published by the
Nevada Legislative
Counsel Bureau.
----------------------------------------------------------------------------------------------------------------
Nevada Air Quality Regulations--Point Sources and Registration Certificates
----------------------------------------------------------------------------------------------------------------
Nevada Air Quality Regulations General Provisions 12/15/77 47 FR 27070 (6/23/ Submitted on 7/24/79.
(NAQR), Article 13 (``Point for the Review of 82) See 40 CFR
Sources''), subsection 13.1, New Sources. 52.1490(c)(16)(viii).
paragraph 13.1.1.
NAQR, Article 13, subsection [related to 2/28/80 46 FR 21758 (4/14/ Submitted on 3/17/80.
13.1, paragraph 13.1.3 registration 81) See 40 CFR
[excluding 13.1.3(1) and certificates for 52.1490(c)(18)(i).
13.1.3(3)]. point sources NAQR article
subject to the 13.1.3(3) was deleted
requirement for without replacement
an environmental at 73 FR 20536 (4/16/
evaluation; 08). See 40 CFR
additional 52.1490(c)(18)(i)(A).
requirements for NAQR article
such sources to 13.1.3(1) was
be located in superseded by
nonattainment approval of amended
areas]. NSR rules at 77 FR
59321 (9/27/12).

[[Page 360]]

NAQR Article 13, subsection [relates to 12/15/77 47 FR 27070 (6/23/ Submitted on 7/24/79.
13.2 (excluding 13.2.3 and thresholds used 82) See 40 CFR
13.2.4). to identify 52.1490(c)(16)(viii).
sources subject Subsection 13.2
to environmental includes paragraphs
evaluation 13.2.1-13.2.2.
requirement]. Paragraphs 13.2.3-
13.2.4 were
superseded by
approval of amended
NSR rules at 77 FR
59321 (9/27/12).
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 58, Energy; Public Utilities and Similar Entities: Regulation of Public Utilities
Generally
----------------------------------------------------------------------------------------------------------------
704.820........................ Short title....... 1/1/79 47 FR 15790 (4/13/ NRS 704.820 to
82) 704.900, inclusive,
is cited as the
Utility Environmental
Protection Act.
Submitted on 10/13/
80. See 40 CFR
52.1490(c)(21)(i).
704.825........................ Declaration of 1/1/79 47 FR 15790 (4/13/ Submitted on 10/13/80.
legislative 82) See 40 CFR
findings and 52.1490(c)(21)(i).
purpose.
704.830........................ Definitions....... 1/1/79 47 FR 15790 (4/13/ Submitted on 10/13/80.
82) See 40 CFR
52.1490(c)(21)(i).
704.840........................ ``Commence to 1/1/79 47 FR 15790 (4/13/ Submitted on 10/13/80.
construct'' 82) See 40 CFR
defined. 52.1490(c)(21)(i).
704.845........................ ``Local 1/1/79 47 FR 15790 (4/13/ Submitted on 10/13/80.
government'' 82) See 40 CFR
defined. 52.1490(c)(21)(i).
704.850........................ ``Person'' defined 1/1/79 47 FR 15790 (4/13/ Submitted on 10/13/80.
82) See 40 CFR
52.1490(c)(21)(i).
704.855........................ ``Public 1/1/79 47 FR 15790 (4/13/ Submitted on 10/13/80.
utility,'' 82) See 40 CFR
``utility'' 52.1490(c)(21)(i).
defined.
704.860........................ ``Utility 1/1/79 47 FR 15790 (4/13/ Submitted on 10/13/80.
facility'' 82) See 40 CFR
defined. 52.1490(c)(21)(i).
704.865........................ Construction 1/1/79 47 FR 15790 (4/13/ Submitted on 10/13/80.
permit: 82) See 40 CFR
Requirement; 52.1490(c)(21)(i).
transfer;
exceptions to
requirement.
704.870........................ Construction 1/1/79 47 FR 15790 (4/13/ Submitted on 10/13/80.
permit 82) See 40 CFR
application: 52.1490(c)(21)(i).
Form, contents;
filing; service;
public notice.
704.875........................ Review of 1/1/79 47 FR 15790 (4/13/ Submitted on 10/13/80.
application by 82) See 40 CFR
state 52.1490(c)(21)(i).
environmental
commission.
704.880........................ Hearing on 1/1/79 47 FR 15790 (4/13/ Submitted on 10/13/80.
application for 82) See 40 CFR
permit. 52.1490(c)(21)(i).
704.885........................ Parties to permit 1/1/79 47 FR 15790 (4/13/ Submitted on 10/13/80.
proceeding; 82) See 40 CFR
appearances; 52.1490(c)(21)(i).
intervention.
704.890........................ Grant or denial of 1/1/79 47 FR 15790 (4/13/ Submitted on 10/13/80.
application; 82) See 40 CFR
required 52.1490(c)(21)(i).
findings; service
of copies of
order.
704.892........................ Grant, denial, 1/1/79 47 FR 15790 (4/13/ Submitted on 10/13/80.
conditioning of 82) See 40 CFR
permit for plant 52.1490(c)(21)(i).
for generation of
electrical energy
for export.
704.895........................ Rehearing; 1/1/79 47 FR 15790 (4/13/ Submitted on 10/13/80.
judicial review. 82) See 40 CFR
52.1490(c)(21)(i).
704.900........................ Cooperation with 1/1/79 47 FR 15790 (4/13/ Submitted on 10/13/80.
United States, 82) See 40 CFR
other states. 52.1490(c)(21)(i).
----------------------------------------------------------------------------------------------------------------

[[Page 361]]

General Order No. 3, Rules of Practice and Procedure Before the Public Service Commission
----------------------------------------------------------------------------------------------------------------
Rule 25........................ Construction 1/1/79 47 FR 15790 (4/13/ Submitted on 10/13/80.
Permits--Utility 82) See 40 CFR
Environmental 52.1490(c)(21)(ii).
Protection Act.
----------------------------------------------------------------------------------------------------------------
Nevada Administrative Code, Chapter 445B, Air Controls, Emissions From Engines--General Provisions
----------------------------------------------------------------------------------------------------------------
445B.400....................... Scope............. 9/1/06 73 FR 38124 (7/3/ Most recently approved
08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.401....................... Definitions....... 8/21/02 73 FR 38124 (7/3/ Most recently approved
08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.403....................... ``Approved 8/19/94 73 FR 38124 (7/3/ Most recently approved
inspector'' 08) version was submitted
defined. on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.4045...................... ``Authorized 8/19/94 73 FR 38124 (7/3/ Most recently approved
inspection 08) version was submitted
station'' defined. on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.405....................... ``Authorized 1/10/78 73 FR 38124 (7/3/ Most recently approved
station'' defined. 08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.408....................... ``Carbon 1/10/78 73 FR 38124 (7/3/ Most recently approved
monoxide'' 08) version was submitted
defined. on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.409....................... ``Certificate of 9/13/95 73 FR 38124 (7/3/ Most recently approved
compliance'' 08) version was submitted
defined. on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.4092...................... ``Certified on- 8/21/02 73 FR 38124 (7/3/ Most recently approved
board diagnostic 08) version was submitted
system'' defined. on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.4096...................... ``Class 1 approved 9/13/95 73 FR 38124 (7/3/ Most recently approved
inspector'' 08) version was submitted
defined. on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.4097...................... ``Class 1 fleet 9/13/95 73 FR 38124 (7/3/ Most recently approved
station'' defined. 08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.4098...................... ``Class 2 approved 9/13/95 73 FR 38124 (7/3/ Most recently approved
inspector'' 08) version was submitted
defined. on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.4099...................... ``Class 2 fleet 9/13/95 73 FR 38124 (7/3/ Most recently approved
station'' defined. 08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.410....................... ``CO2'' defined... 9/28/88 73 FR 38124 (7/3/ Most recently approved
08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.411....................... ``Commission'' 1/10/78 73 FR 38124 (7/3/ Most recently approved
defined. 08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.413....................... ``Department'' 1/1/86 73 FR 38124 (7/3/ Most recently approved
defined. 08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.415....................... ``Director'' 8/19/94 73 FR 38124 (7/3/ Most recently approved
defined. 08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.416....................... ``Emission'' 1/10/78 73 FR 38124 (7/3/ Most recently approved
defined. 08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.418....................... ``EPA'' defined... 9/28/88 73 FR 38124 (7/3/ Most recently approved
08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.419....................... ``Established 1/10/78 73 FR 38124 (7/3/ Most recently approved
place of 08) version was submitted
business'' on 5/11/07. See 40
defined. CFR
52.1490(c)(71)(i)(A)(
2).
445B.420....................... ``Evidence of 9/25/98 73 FR 38124 (7/3/ Most recently approved
compliance'' 08) version was submitted
defined. on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).

[[Page 362]]

445B.421....................... ``Exhaust 1/10/78 73 FR 38124 (7/3/ Most recently approved
emissions'' 08) version was submitted
defined. on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.422....................... ``Exhaust gas 1/10/78 73 FR 38124 (7/3/ Most recently approved
analyzer'' 08) version was submitted
defined. on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.424....................... ``Fleet station'' 8/19/94 73 FR 38124 (7/3/ Most recently approved
defined. 08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.4247...................... ``Gross vehicle 8/19/94 73 FR 38124 (7/3/ Most recently approved
weight rating'' 08) version was submitted
defined. on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.426....................... ``Heavy-duty motor 9/25/98 73 FR 38124 (7/3/ Most recently approved
vehicle'' defined. 08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.427....................... ``Hydrocarbon'' 9/28/88 73 FR 38124 (7/3/ Most recently approved
defined. 08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.428....................... ``Hz'' defined.... 9/28/88 73 FR 38124 (7/3/ Most recently approved
08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.432....................... ``Light-duty motor 9/25/98 73 FR 38124 (7/3/ Most recently approved
vehicle'' defined. 08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.433....................... ``Mini motor 10/1/83 73 FR 38124 (7/3/ Most recently approved
home'' defined. 08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.434....................... ``Motor home'' 10/1/83 73 FR 38124 (7/3/ Most recently approved
defined. 08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.435....................... ``Motor vehicle'' 1/10/78 73 FR 38124 (7/3/ Most recently approved
defined. 08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.440....................... ``New motor 1/10/78 73 FR 38124 (7/3/ Most recently approved
vehicle'' defined. 08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.442....................... ``Opacity'' 1/1/88 73 FR 38124 (7/3/ Most recently approved
defined. 08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.443....................... ``Person'' defined 1/1/88 73 FR 38124 (7/3/ Most recently approved
08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.444....................... ``ppm'' defined... 9/28/88 73 FR 38124 (7/3/ Most recently approved
08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.449....................... ``Smoke'' defined. 1/1/88 73 FR 38124 (7/3/ Most recently approved
08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.450....................... ``Special mobile 1/10/78 73 FR 38124 (7/3/ Most recently approved
equipment'' 08) version was submitted
defined. on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.451....................... ``Standard'' 9/25/98 73 FR 38124 (7/3/ Most recently approved
defined. 08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.4515...................... ``State electronic 9/25/98 73 FR 38124 (7/3/ Most recently approved
data transmission 08) version was submitted
system'' defined. on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.452....................... ``Tampering'' 1/10/78 73 FR 38124 (7/3/ Most recently approved
defined. 08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.4525...................... ``Test station'' 9/25/98 73 FR 38124 (7/3/ Most recently approved
defined. 08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.453....................... ``Truck'' defined. 10/1/83 73 FR 38124 (7/3/ Most recently approved
08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.454....................... ``Used motor 1/10/78 73 FR 38124 (7/3/ Most recently approved
vehicle'' defined. 08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).

[[Page 363]]

445B.455....................... ``Van conversion'' 10/1/83 73 FR 38124 (7/3/ Most recently approved
defined. 08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.4553...................... ``Vehicle 8/21/02 73 FR 38124 (7/3/ Most recently approved
inspection 08) version was submitted
report'' defined. on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.4556...................... ``Vehicle 9/25/98 73 FR 38124 (7/3/ Most recently approved
inspection report 08) version was submitted
number'' defined. on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.456....................... Severability...... 9/25/98 73 FR 38124 (7/3/ Most recently approved
08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
----------------------------------------------------------------------------------------------------------------
Nevada Administrative Code, Chapter 445B, Air Controls, Emissions From Engines--Facilities for Inspection and
Maintenance
----------------------------------------------------------------------------------------------------------------
445B.460....................... Test station: 9/1/06 73 FR 38124 (7/3/ Most recently approved
License required 08) version was submitted
to operate; on 5/11/07. See 40
expiration of CFR
license; ratings; 52.1490(c)(71)(i)(A)(
performance of 2).
certain services;
prohibited acts;
location.
445B.461, except for paragraph Compliance by 9/25/98 73 FR 38124 (7/3/ Most recently approved
(3)(d). Federal 08) version was submitted
Government, state on 5/11/07. See 40
agencies and CFR
political 52.1490(c)(71)(i)(A)(
subdivisions. 2). NAC section
445B.461(3)(d) was
deleted without
replacement at 74 FR
3975 (1/22/09). See
40 CFR
52.1490(c)(71)(i)(A)(
3).
445B.462....................... Test station: 9/25/98 73 FR 38124 (7/3/ Most recently approved
Application for 08) version was submitted
license to on 5/11/07. See 40
operate; CFR
inspection of 52.1490(c)(71)(i)(A)(
premises; 2).
issuance of
license.
445B.463....................... Test station: 8/21/02 73 FR 38124 (7/3/ Most recently approved
Grounds for 08) version was submitted
denial, on 5/11/07. See 40
revocation or CFR
suspension of 52.1490(c)(71)(i)(A)(
license; 2).
reapplication;
permanent
revocation of
license.
445B.464....................... Test station: 9/25/98 73 FR 38124 (7/3/ Most recently approved
Hearing 08) version was submitted
concerning on 5/11/07. See 40
denial, CFR
suspension or 52.1490(c)(71)(i)(A)(
revocation of 2).
license.
445B.465....................... Authorized station 9/1/06 73 FR 38124 (7/3/ Most recently approved
or authorized 08) version was submitted
inspection on 5/11/07. See 40
station: CFR
Requirements for 52.1490(c)(71)(i)(A)(
bond or deposit. 2).
445B.466....................... Authorized station 9/25/98 73 FR 38124 (7/3/ Most recently approved
or authorized 08) version was submitted
inspection on 5/11/07. See 40
station: CFR
Liability under 52.1490(c)(71)(i)(A)(
bond or deposit; 2).
suspension and
reinstatement of
licenses.
445B.467....................... Authorized station 9/25/98 73 FR 38124 (7/3/ Most recently approved
or authorized 08) version was submitted
inspection on 5/11/07. See 40
station: CFR
Disbursement, 52.1490(c)(71)(i)(A)(
release or refund 2).
of bond or
deposit.

[[Page 364]]

445B.468....................... Authorized 9/1/06 73 FR 38124 (7/3/ Most recently approved
stations and 08) version was submitted
authorized on 5/11/07. See 40
inspection CFR
stations: Scope 52.1490(c)(71)(i)(A)(
of coverage of 2).
bond or deposit.
445B.469....................... Authorized station 9/1/06 73 FR 38124 (7/3/ Most recently approved
or authorized 08) version was submitted
inspection on 5/11/07. See 40
station: Posting CFR
of signs and 52.1490(c)(71)(i)(A)(
placards. 2).
445B.470....................... Test station: 9/1/06 73 FR 38124 (7/3/ Most recently approved
Display of 08) version was submitted
licenses; on 5/11/07. See 40
availability of CFR
reference 52.1490(c)(71)(i)(A)(
information. 2).
445B.471....................... Test station: 9/1/06 73 FR 38124 (7/3/ Most recently approved
Advertising; 08) version was submitted
provision by on 5/11/07. See 40
Department of CFR
certain 52.1490(c)(71)(i)(A)(
informational 2).
material for
public.
445B.472....................... Test station: 9/1/06 73 FR 38124 (7/3/ Most recently approved
Records of 08) version was submitted
inspections and on 5/11/07. See 40
repairs; CFR
inspection of 52.1490(c)(71)(i)(A)(
place of 2).
business; audit
of exhaust gas
analyzers.
445B.473....................... Test station: 9/1/06 73 FR 38124 (7/3/ Most recently approved
Notice of 08) version was submitted
wrongfully on 5/11/07. See 40
distributed or CFR
received vehicle 52.1490(c)(71)(i)(A)(
inspection 2).
reports;
inventory of
vehicle
inspection
reports.
445B.474....................... Test station: 7/17/03 73 FR 38124 (7/3/ Most recently approved
Failure to employ 08) version was submitted
approved on 5/11/07. See 40
inspector. CFR
52.1490(c)(71)(i)(A)(
2).
445B.475....................... Authorized station 9/13/95 73 FR 38124 (7/3/ Most recently approved
or class 2 fleet 08) version was submitted
station: on 5/11/07. See 40
Requirements for CFR
employees. 52.1490(c)(71)(i)(A)(
2).
445B.476....................... Test station: 9/25/98 73 FR 38124 (7/3/ Most recently approved
Willful failure 08) version was submitted
to comply with on 5/11/07. See 40
directive; CFR
suspension of 52.1490(c)(71)(i)(A)(
license; 2).
reapplication
after revocation
of license.
445B.478....................... Fleet station: 9/25/98 73 FR 38124 (7/3/ Most recently approved
Licensing; powers 08) version was submitted
and duties. on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.480....................... Test station: 9/1/06 73 FR 38124 (7/3/ Most recently approved
Requirements 08) version was submitted
concerning on 5/11/07. See 40
business hours. CFR
52.1490(c)(71)(i)(A)(
2).
----------------------------------------------------------------------------------------------------------------
Nevada Administrative Code, Chapter 445B, Air Controls, Emissions From Engines--Inspectors
----------------------------------------------------------------------------------------------------------------
445B.485....................... Prerequisites to 2/23/06 73 FR 38124 (7/3/ Most recently approved
licensing. 08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.486....................... Examination of 2/23/06 73 FR 38124 (7/3/ Most recently approved
applicants for 08) version was submitted
licensing. on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).

[[Page 365]]

445B.487....................... Denial of license. 9/13/95 73 FR 38124 (7/3/ Most recently approved
08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.489....................... Grounds for 2/23/06 73 FR 38124 (7/3/ Most recently approved
denial, 08) version was submitted
suspension or on 5/11/07. See 40
revocation of CFR
license. 52.1490(c)(71)(i)(A)(
2).
445B.490....................... Hearing on 2/23/06 73 FR 38124 (7/3/ Most recently approved
suspension or 08) version was submitted
revocation of on 5/11/07. See 40
license. CFR
52.1490(c)(71)(i)(A)(
2).
445B.491....................... Temporary 1/10/78 73 FR 38124 (7/3/ Most recently approved
suspension or 08) version was submitted
refusal to renew on 5/11/07. See 40
license. CFR
52.1490(c)(71)(i)(A)(
2).
445B.492....................... Duration of 12/20/79 73 FR 38124 (7/3/ Most recently approved
suspension; 08) version was submitted
surrender of on 5/11/07. See 40
license. CFR
52.1490(c)(71)(i)(A)(
2).
445B.493....................... Limitation on 2/23/06 73 FR 38124 (7/3/ Most recently approved
reapplication 08) version was submitted
after revocation on 5/11/07. See 40
or denial or CFR
license; 52.1490(c)(71)(i)(A)(
surrender of 2).
revoked license;
permanent
revocation of
license.
445B.495....................... Contents of 9/13/95 73 FR 38124 (7/3/ Most recently approved
license. 08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.496....................... Expiration of 1/1/88 73 FR 38124 (7/3/ Most recently approved
license. 08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.497....................... Requirements for 2/23/06 73 FR 38124 (7/3/ Most recently approved
renewal of 08) version was submitted
license. on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.498....................... Performance of 2/23/06 73 FR 38124 (7/3/ Most recently approved
emission 08) version was submitted
inspection on 5/11/07. See 40
without license CFR
prohibited; 52.1490(c)(71)(i)(A)(
expiration of 2).
license; license
ratings.
445B.4983...................... Issuance of access 2/23/06 73 FR 38124 (7/3/ Most recently approved
code to approved 08) version was submitted
inspector; use of on 5/11/07. See 40
access code and CFR
identification 52.1490(c)(71)(i)(A)(
number. 2).
445B.4985...................... Violations........ 7/17/03 73 FR 38124 (7/3/ Most recently approved
08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.499....................... Fees.............. 7/17/03 73 FR 38124 (7/3/ Most recently approved
08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.501....................... Report of change 12/20/79 73 FR 38124 (7/3/ Most recently approved
in place of 08) version was submitted
employment or on 5/11/07. See 40
termination of CFR
employment. 52.1490(c)(71)(i)(A)(
2).
445B.502....................... Submission of 9/13/95 73 FR 38124 (7/3/ Most recently approved
certificate of 08) version was submitted
employment to on 5/11/07. See 40
report change. CFR
52.1490(c)(71)(i)(A)(
2).
----------------------------------------------------------------------------------------------------------------
Nevada Administrative Code, Chapter 445B, Air Controls, Emissions From Engines--Exhaust Gas Analyzers
----------------------------------------------------------------------------------------------------------------
445B.5049...................... Connection to 9/25/98 73 FR 38124 (7/3/ Most recently approved
state electronic 08) version was submitted
data transmission on 5/11/07. See 40
system. CFR
52.1490(c)(71)(i)(A)(
2).

[[Page 366]]

445B.505....................... Availability of 7/17/03 73 FR 38124 (7/3/ Most recently approved
list of approved 08) version was submitted
analyzers and on 5/11/07. See 40
their CFR
specifications. 52.1490(c)(71)(i)(A)(
2).
445B.5052...................... Approved analyzer: 6/1/06 73 FR 38124 (7/3/ Most recently approved
Use and 08) version was submitted
equipment; on 5/11/07. See 40
deactivation by CFR
Department. 52.1490(c)(71)(i)(A)(
2).
445B.5055...................... Revocation of 9/13/95 73 FR 38124 (7/3/ Most recently approved
approval of 08) version was submitted
analyzer. on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.5065...................... Manufacturer of 7/17/03 73 FR 38124 (7/3/ Most recently approved
approved 08) version was submitted
analyzer: on 5/11/07. See 40
Required warranty. CFR
52.1490(c)(71)(i)(A)(
2).
445B.5075...................... Manufacturer of 7/17/03 73 FR 38124 (7/3/ Most recently approved
approved 08) version was submitted
analyzer: on 5/11/07. See 40
Required CFR
services; 52.1490(c)(71)(i)(A)(
administrative 2).
fine for
violations.
----------------------------------------------------------------------------------------------------------------
Nevada Administrative Code, Chapter 445B, Air Controls, Emissions From Engines--Control of Emissions: Generally
----------------------------------------------------------------------------------------------------------------
445B.575....................... Device to control 3/1/02 73 FR 38124 (7/3/ Most recently approved
pollution: 08) version was submitted
General on 5/11/07. See 40
requirement; CFR
alteration or 52.1490(c)(71)(i)(A)(
modification. 2).
445B.576....................... Vehicles powered 10/22/92 73 FR 38124 (7/3/ Most recently approved
by gasoline or 08) version was submitted
diesel fuel: on 5/11/07. See 40
Restrictions on CFR
visible emissions 52.1490(c)(71)(i)(A)(
and on idling of 2).
diesel engines.
445B.577....................... Devices used on 1/1/88 73 FR 38124 (7/3/ Most recently approved
stationary rails: 08) version was submitted
Restrictions on on 5/11/07. See 40
visible emissions. CFR
52.1490(c)(71)(i)(A)(
2).
445B.578....................... Exceptions to 10/22/92 73 FR 38124 (7/3/ Most recently approved
restrictions on 08) version was submitted
visible emissions. on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.579....................... Inspection of 9/1/06 73 FR 38124 (7/3/ Most recently approved
vehicle: Devices 08) version was submitted
for emission on 5/11/07. See 40
control required. CFR
52.1490(c)(71)(i)(A)(
2).
445B.580....................... Inspection of 9/1/06 73 FR 38124 (7/3/ Most recently approved
vehicle: 08) version was submitted
Procedure for on 5/11/07. See 40
certain vehicles CFR
with model year 52.1490(c)(71)(i)(A)(
of 1995 or older 2).
and heavy-duty
vehicles with
model year of
1996 or newer.
445B.5805...................... Inspection of 8/21/02 73 FR 38124 (7/3/ Most recently approved
vehicle: 08) version was submitted
Procedure for on 5/11/07. See 40
light-duty CFR
vehicles with 52.1490(c)(71)(i)(A)(
model year of 2).
1996 or newer.
445B.581....................... Inspection of 9/1/06 73 FR 38124 (7/3/ Most recently approved
vehicle: Place 08) version was submitted
and equipment for on 5/11/07. See 40
performance. CFR
52.1490(c)(71)(i)(A)(
2).
445B.5815...................... Inspection of 3/1/02 73 FR 38124 (7/3/ Most recently approved
vehicle: 08) version was submitted
Certified on- on 5/11/07. See 40
board diagnostic CFR
systems. 52.1490(c)(71)(i)(A)(
2).
445B.582....................... Repair of vehicle; 9/13/95 73 FR 38124 (7/3/ Most recently approved
reinspection or 08) version was submitted
testing. on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).

[[Page 367]]

445B.583....................... Evidence of 9/25/98 73 FR 38124 (7/3/ Most recently approved
compliance: 08) version was submitted
Purpose; records. on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.584....................... Evidence of 7/17/03 73 FR 38124 (7/3/ Most recently approved
compliance: 08) version was submitted
Purchase of on 5/11/07. See 40
vehicle CFR
inspection report 52.1490(c)(71)(i)(A)(
numbers. 2).
445B.585....................... Evidence of 9/25/98 73 FR 38124 (7/3/ Most recently approved
compliance: 08) version was submitted
Issuance by on 5/11/07. See 40
approved CFR
inspector. 52.1490(c)(71)(i)(A)(
2).
445B.586....................... Evidence of 9/25/98 73 FR 38124 (7/3/ Most recently approved
compliance: 08) version was submitted
Return of fee. on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.587....................... Test of light-duty 9/25/98 73 FR 38124 (7/3/ Most recently approved
motor vehicles 08) version was submitted
powered by diesel on 5/11/07. See 40
engines: CFR
Equipment for 52.1490(c)(71)(i)(A)(
measurement of 2).
smoke opacity.
445B.588....................... Testing of light- 7/17/03 73 FR 38124 (7/3/ Most recently approved
duty motor 08) version was submitted
vehicles powered on 5/11/07. See 40
by diesel CFR
engines: List of 52.1490(c)(71)(i)(A)(
approved 2).
equipment.
445B.589....................... Testing of light- 9/1/06 73 FR 38124 (7/3/ Most recently approved
duty motor 08) version was submitted
vehicles powered on 5/11/07. See 40
by diesel CFR
engines: 52.1490(c)(71)(i)(A)(
Procedure; 2).
certificate of
compliance;
effect of
failure; lack of
proper fuel cap.
445B.5895...................... Dissemination of 9/1/06 73 FR 38124 (7/3/ Most recently approved
list of 08) version was submitted
authorized on 5/11/07. See 40
stations. CFR
52.1490(c)(71)(i)(A)(
2).
445B.590....................... Waiver of 5/14/98 73 FR 38124 (7/3/ Most recently approved
standards for 08) version was submitted
emissions. on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.591....................... Form for 1/1/88 73 FR 38124 (7/3/ Most recently approved
registration of 08) version was submitted
vehicle in area on 5/11/07. See 40
where inspection CFR
of vehicle not 52.1490(c)(71)(i)(A)(
required. 2).
445B.5915...................... Requirements for 9/1/06 73 FR 38124 (7/3/ Most recently approved
registration of 08) version was submitted
vehicle on 5/11/07. See 40
temporarily being CFR
used and 52.1490(c)(71)(i)(A)(
maintained in 2).
another state.
445B.592....................... Applicability of 10/31/05 73 FR 38124 (7/3/ Most recently approved
certain standards 08) version was submitted
for emissions and on 5/11/07. See 40
other CFR
requirements. 52.1490(c)(71)(i)(A)(
2).
445B.593....................... Evidence of 10/31/05 73 FR 38124 (7/3/ Most recently approved
compliance 08) version was submitted
required for on 5/11/07. See 40
certain vehicles CFR
based in Clark 52.1490(c)(71)(i)(A)(
County. 2).
445B.594....................... Evidence of 10/31/05 73 FR 38124 (7/3/ Most recently approved
compliance 08) version was submitted
required for on 5/11/07. See 40
certain vehicles CFR
based in Washoe 52.1490(c)(71)(i)(A)(
County. 2).

[[Page 368]]

445B.595(1).................... Inspections of 9/13/95 73 FR 38124 (7/3/ Most recently approved
vehicles owned by 08) version was submitted
State or on 5/11/07. See 40
political CFR
subdivisions or 52.1490(c)(71)(i)(A)(
operated on 2). Subsection 2 was
federal not included in the 7/
installations. 3/08 approval of NAC
445B.595. Certain
paragraphs of
subsection (2) were
approved at 74 FR
3975 (1/22/09).
445B.595(2) (a), (b), and (c).. Inspections of 9/13/95 74 FR 3975 (1/22/ Most recently approved
vehicles owned by 09) version was submitted
State or on 5/11/07. See 40
political CFR
subdivisions or 52.1490(c)(71)(i)(A)(
operated on 4).
federal
installations.
445B.596....................... Standards for 8/21/02 73 FR 38124 (7/3/ Most recently approved
emissions. 08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.598....................... Imposition and 9/13/95 73 FR 38124 (7/3/ Most recently approved
statement of fee 08) version was submitted
for inspection on 5/11/07. See 40
and testing; CFR
listing of 52.1490(c)(71)(i)(A)(
stations and fees. 2).
445B.599....................... Prescription and 9/25/98 73 FR 38124 (7/3/ Most recently approved
notice of maximum 08) version was submitted
fees for on 5/11/07. See 40
inspections and CFR
testing. 52.1490(c)(71)(i)(A)(
2).
445B.600....................... Procedure for 9/13/95 73 FR 38124 (7/3/ Most recently approved
setting new fee. 08) version was submitted
on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.601....................... Concealment of 1/10/78 73 FR 38124 (7/3/ Most recently approved
emissions 08) version was submitted
prohibited. on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
----------------------------------------------------------------------------------------------------------------
Nevada Administrative Code, Chapter 445B, Air Controls, Emissions From Engines--Restored Vehicles
----------------------------------------------------------------------------------------------------------------
445B.6115...................... Exemption of 7/27/00 73 FR 38124 (7/3/ Most recently approved
vehicle from 08) version was submitted
certain on 5/11/07. See 40
provisions. CFR
52.1490(c)(71)(i)(A)(
2).
445B.6125...................... Certification of 3/5/98 73 FR 38124 (7/3/ Most recently approved
vehicle for 08) version was submitted
exemption. on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
----------------------------------------------------------------------------------------------------------------
Nevada Administrative Code, Chapter 445B, Air Controls, Emissions From Engines--Inspection of Test Stations and
Approved Inspectors
----------------------------------------------------------------------------------------------------------------
445B.7015...................... Annual and 2/3/05 73 FR 38124 (7/3/ Most recently approved
additional 08) version was submitted
inspections. on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).
445B.7025...................... Alteration of 2/3/05 73 FR 38124 (7/3/ Most recently approved
emission control 08) version was submitted
system of vehicle on 5/11/07. See 40
used to conduct CFR
inspection. 52.1490(c)(71)(i)(A)(
2).
445B.7035...................... Preliminary 2/3/05 73 FR 38124 (7/3/ Most recently approved
written notice of 08) version was submitted
violation; on 5/11/07. See 40
reinspection of CFR
vehicle. 52.1490(c)(71)(i)(A)(
2).
445B.7045...................... Administrative 2/3/05 73 FR 38124 (7/3/ Most recently approved
fines and other 08) version was submitted
penalties for on 5/11/07. See 40
certain CFR
violations. 52.1490(c)(71)(i)(A)(
2).
----------------------------------------------------------------------------------------------------------------
Nevada Administrative Code, Chapter 445B, Air Controls, Emissions From Engines--Miscellaneous Provisions
----------------------------------------------------------------------------------------------------------------
445B.727....................... Administrative 2/3/05 73 FR 38124 (7/3/ Most recently approved
fines and other 08) version was submitted
penalties. on 5/11/07. See 40
CFR
52.1490(c)(71)(i)(A)(
2).

[[Page 369]]

445B.735....................... Program for 9/25/98 73 FR 38124 (7/3/ Most recently approved
licensure to 08) version was submitted
install, repair on 5/11/07. See 40
and adjust CFR
devices for 52.1490(c)(71)(i)(A)(
control of 2).
emissions.
----------------------------------------------------------------------------------------------------------------
Nevada Administrative Code, Chapter 590, Petroleum Products and Antifreeze, Fuels
----------------------------------------------------------------------------------------------------------------
590.065 (excluding subsection Adopted Regulation 1/28/10 75 FR 59090 (9/27/ See 40 CFR
(7)). of the State 10) 52.1490(c)(74)(i)(B).
Board of As adopted by the
Agriculture LCB Nevada Board of
File No. R111-08. Agriculture.
A regulation Submitted on 3/26/10
relating to fuel; for inclusion into
adopting by Appendix C of the
reference a 2008 Las Vegas Valley
certain standard CO Maintenance Plan.
for gasoline
published by ASTM
International;
providing
exceptions; and
providing other
matters properly
relating thereto.
----------------------------------------------------------------------------------------------------------------

Table 2--EPA-Approved Lander County Regulations
----------------------------------------------------------------------------------------------------------------
County
County citation Title/Subject effective date EPA Approval date Additional explanation
----------------------------------------------------------------------------------------------------------------
Lander County Ordinance LC 8-78 Dust Ordinance.... 9/8/78 46 FR 21758 (4/14/ Was approved as part
81) of the Lander County
Air Quality
Improvement Plan
which was submitted
on 12/29/78.
----------------------------------------------------------------------------------------------------------------

Table 3--EPA-Approved Clark County Regulations
----------------------------------------------------------------------------------------------------------------
County
County citation Title/Subject effective date EPA Approval date Additional explanation
----------------------------------------------------------------------------------------------------------------
Section 0...................... Definitions....... 3/20/12 77 FR 64039 (10/18/ Submitted on 5/22/12.
12)
Section 1 (``Definitions''): Affected Facility. 12/28/78 46 FR 21758 (4/14/ Submitted on 9/18/79.
Subsection 1.1. 81) See 40 CFR 52/
1490(c)(17)(i).
Section 1 (``Definitions''): Air Pollution 12/28/78 46 FR 21758 (4/14/ Submitted on 9/18/79.
Subsection 1.6. Control Committee. 81) See 40 CFR 52/
1490(c)(17)(i).
Section 1 (``Definitions''): Area Source....... 12/28/78 46 FR 21758 (4/14/ Submitted on 9/18/79.
Subsection 1.11. 81) See 40 CFR 52/
1490(c)(17)(i).
Section 1 (``Definitions''): Atmosphere........ 12/28/78 46 FR 21758 (4/14/ Submitted on 9/18/79.
Subsection 1.12. 81) See 40 CFR 52/
1490(c)(17)(i).
Section 1 (``Definitions''): Board............. 12/28/78 46 FR 21758 (4/14/ Submitted on 9/18/79.
Subsection 1.16. 81) See 40 CFR 52/
1490(c)(17)(i).
Section 1 (``Definitions''): Commercial Off- 12/28/78 46 FR 21758 (4/14/ Submitted on 9/18/79.
Subsection 1.23. Road Vehicle 81) See 40 CFR 52/
Racing. 1490(c)(17)(i).
Section 1 (``Definitions''): Dust.............. 12/28/78 46 FR 21758 (4/14/ Submitted on 9/18/79.
Subsection 1.26. 81) See 40 CFR 52/
1490(c)(17)(i).
Section 1 (``Definitions''): Existing Facility. 12/28/78 46 FR 21758 (4/14/ Submitted on 9/18/79.
Subsection 1.28. 81) See 40 CFR 52/
1490(c)(17)(i).
Section 1 (``Definitions''): Existing Gasoline 12/28/78 46 FR 21758 (4/14/ Submitted on 9/18/79.
Subsection 1.29. Station. 81) See 40 CFR 52/
1490(c)(17)(i).

[[Page 370]]

Section 1 (``Definitions''): Fixed Capital Cost 12/28/78 46 FR 21758 (4/14/ Submitted on 9/18/79.
Subsection 1.30. 81) See 40 CFR 52/
1490(c)(17)(i).
Section 1 (``Definitions''): Fumes............. 12/28/78 46 FR 21758 (4/14/ Submitted on 9/18/79.
Subsection 1.36. 81) See 40 CFR 52/
1490(c)(17)(i).
Section 1 (``Definitions''): Health District... 12/28/78 46 FR 21758 (4/14/ Submitted on 9/18/79.
Subsection 1.40. 81) See 40 CFR 52/
1490(c)(17)(i).
Section 1 (``Definitions''): Hearing Board..... 12/28/78 46 FR 21758 (4/14/ Submitted on 9/18/79.
Subsection 1.41. 81) See 40 CFR 52/
1490(c)(17)(i).
Section 1 (``Definitions''): Integrated 12/28/78 46 FR 21758 (4/14/ Submitted on 9/18/79.
Subsection 1.44. Sampling. 81) See 40 CFR 52/
1490(c)(17)(i).
Section 1 (``Definitions''): Mist.............. 12/28/78 46 FR 21758 (4/14/ Submitted on 9/18/79.
Subsection 1.51. 81) See 40 CFR 52/
1490(c)(17)(i).
Section 1 (``Definitions''): New Gasoline 9/3/81 47 FR 26620 (6/21/ Submitted on 11/17/81.
Subsection 1.57. Station. 82) See 40 CFR 52/
1490(c)(24)(iii).
Section 1 (``Definitions''): New Source........ 12/28/78 46 FR 21758 (4/14/ Submitted on 9/18/79.
Subsection 1.58. 81) See 40 CFR 52/
1490(c)(17)(i).
Section 1 (``Definitions''): NIC............... 12/28/78 46 FR 21758 (4/14/ Submitted on 9/18/79.
Subsection 1.60. 81) See 40 CFR 52/
1490(c)(17)(i).
Section 1 (``Definitions''): Point Source...... 12/28/78 46 FR 21758 (4/14/ Submitted on 9/18/79.
Subsection 1.70. 81) See 40 CFR 52/
1490(c)(17)(i).
Section 1 (``Definitions''): Single Source..... 12/28/78 46 FR 21758 (4/14/ Submitted on 9/18/79.
Subsection 1.81. 81) See 40 CFR 52/
1490(c)(17)(i).
Section 1 (``Definitions''): Smoke............. 12/28/78 46 FR 21758 (4/14/ Submitted on 9/18/79.
Subsection 1.83. 81) See 40 CFR 52/
1490(c)(17)(i).
Section 1 (``Definitions''): Source of Air 12/28/78 46 FR 21758 (4/14/ Submitted on 9/18/79.
Subsection 1.84. Contaminant. 81) See 40 CFR 52/
1490(c)(17)(i).
Section 1 (``Definitions''): Standard 12/28/78 46 FR 21758 (4/14/ Submitted on 9/18/79.
Subsection 1.87. Commercial 81) See 40 CFR 52/
Equipment. 1490(c)(17)(i).
Section 1 (``Definitions''): Standard 12/28/78 46 FR 21758 (4/14/ Submitted on 9/18/79.
Subsection 1.88. Conditions. 81) See 40 CFR 52/
1490(c)(17)(i).
Section 1 (``Definitions''): Stop Order........ 12/28/78 46 FR 21758 (4/14/ Submitted on 9/18/79.
Subsection 1.91. 81) See 40 CFR 52/
1490(c)(17)(i).
Section 1 (``Definitions''): Uncombined Water.. 12/28/78 46 FR 21758 (4/14/ Submitted on 9/18/79.
Subsection 1.95. 81) See 40 CFR 52/
1490(c)(17)(i).
Section 1 (``Definitions''): Vapor Disposal 12/28/78 46 FR 21758 (4/14/ Submitted on 9/18/79.
Subsection 1.97. System. 81) See 40 CFR 52/
1490(c)(17)(i).
Section 2: Subsections 2.1, Air Pollution 12/28/78 46 FR 43141 (8/27/ Submitted on 7/24/79.
2.2, and 2.3. Control Board. 81) See 40 CFR
52.1490(c)(16)(viii).
Section 4: Subsections 4.1-4.11 Control Officer... 12/28/78 46 FR 43141 (8/27/ Submitted on 7/24/79.
(excluding subsection 4.7.3). 81) See 40 CFR
52.1490(c)(16)(viii).
Subsection 4.7.3,
submitted on 7/24/79,
was superseded by
approval of amended
provision at 47 FR
26386 (6/18/82).
Section 4 (Control Officer): [related to 9/3/81 47 FR 26386 (6/18/ Submitted on 11/17/81.
Subsection 4.7.3. authority of 82) See 40 CFR
control officer]. 52.1490(c)(24)(iv).
Section 4 (Control Officer): [related to public 4/24/80 46 FR 43141 (8/27/ Submitted on 11/5/80.
Subsections 4.12, 4.12.1- notification]. 81) See 40 CFR
4.12.3. 52.1490(c)(22)(i).
Section 5: Subsection 5.1...... Interference with 12/28/78 46 FR 43141 (8/27/ Submitted on 7/24/79.
Control Officer. 81) See 40 CFR
52.1490(c)(16)(viii).

[[Page 371]]

Section 6: Subsection 6.1...... Injunctive Relief. 12/28/78 46 FR 43141 (8/27/ Submitted on 7/24/79.
81) See 40 CFR
52.1490(c)(16)(viii).
Section 8: Subsections 8.1, 8.2 Persons Liable for 12/28/78 46 FR 43141 (8/27/ Submitted on 7/24/79.
Penalties--Punish 81) See 40 CFR
ment; Defense. 52.1490(c)(16)(viii).
Section 10..................... Compliance 12/28/78 46 FR 43141 (8/27/ Submitted on 7/24/79.
Schedules. 81) See 40 CFR
52.1490(c)(16)(viii).
Section 11..................... Ambient Air 10/21/03 69 FR 54006 (9/7/ Adopted on 10/7/03 and
Quality Standards. 04) submitted on 10/23/
03. See 40 CFR
52.1490(c)(53)(i)(A)(
1).
Section 12.0................... Applicability, 11/3/09 77 FR 64039 (10/18/ Submitted on 2/11/10.
General 12)
Requirements and
Transition
Procedures.
Section 12.1................... Permit 11/3/09 77 FR 64039 (10/18/ Submitted on 2/11/10.
Requirements for 12)
Minor Sources.
Section 12.2................... Permit 3/20/12 77 FR 64039 (10/18/ Submitted on 5/22/12.
Requirements for 12)
Major Sources in
Attainment Areas
(Prevention of
Significant
Deterioration).
Section 12.3................... Permit 5/18/10 77 FR 64039 (10/18/ Submitted on 9/1/10.
Requirements for 12)
Major Sources in
Nonattainment
Areas.
Section 12.4................... Authority to 5/18/10 77 FR 64039 (10/18/ Submitted on 9/1/10.
Construct 12)
Application and
Permit
Requirements for
Part 70 Sources.
Section 18: Subsections 18.1- Registration/ 9/3/81 47 FR 26386 (6/18/ Submitted on 11/17/81.
18.5.2. Permit Fees. 82) See 40 CFR
52.1490(c)(24)(iv).
Section 18: Subsections 18.6- Registration/ 12/28/78 46 FR 43141 (8/27/ Submitted on 7/24/79.
18.12. Permit Fees. 81) See 40 CFR
52.1490(c)(16)(viii).
Section 23: Subsections 23.1- Continuous 12/28/78 46 FR 43141 (8/27/ Submitted on 7/24/79.
23.5 (excluding subsections Monitoring by 81) See 40 CFR
23.2.1-23.3.1.2, 23.3.4- Fossil Fuel-Fired 52.1490(c)(16)(viii).
23.3.5). Steam Generators. Subsections 23.2.1-
23.3.1.2, 23.3.4-
23.3.5, submitted on
7/24/79, were
superseded by revised
subsections submitted
on 11/17/81 and
approved at 47 FR
26386 (6/18/82).
Section 23 (Continuous [related to 9/3/81 47 FR 26386 (6/18/ Submitted on 11/17/81.
Monitoring by Fossil Fuel- specifications 82) See 40 CFR
Fired Steam Generators): for continuous 52.1490(c)(24)(iv).
Subsections 23.2.1-23.3.1.2, monitoring].
23.3.4-23.3.5).
Section 24: Subsections 24.1- Sampling and 12/28/78 46 FR 43141 (8/27/ Submitted on 7/24/79.
24.5. Testing--Records 81) See 40 CFR
and Reports. 52.1490(c)(16)(viii).
Section 25: Subsection 25.2.... Upset, Breakdown 12/28/78 46 FR 43141 (8/27/ Submitted on 7/24/79.
or Scheduled 81) See 40 CFR
Maintenance. 52.1490(c)(16)(viii).
Subsection 25.1,
submitted on 7/24/79,
was never approved
into the SIP; see 40
CFR 52.1483 and 69 FR
54006, at 54017,
54018 (9/7/04).
Section 26: Subsections 26.1- Emission of 12/28/78 46 FR 43141 (8/27/ Submitted on 7/24/79.
26.3. Visible Air 81) See 40 CFR
Contaminants. 52.1490(c)(16)(viii).
Section 27..................... Particulate Matter 9/3/81 47 FR 26386 (6/18/ Submitted on 11/17/81.
from Process 82) See 40 CFR
Weight Rate. 52.1490(c)(24)(iv).
Section 28: Subsections 28.1 Fuel Burning 12/28/78 46 FR 43141 (8/27/ Submitted on 7/24/79.
and 28.2. Equipment. 81) See 40 CFR
52.1490(c)(16)(viii).
Section 29..................... Sulfur Contents of 12/28/78 46 FR 43141 (8/27/ Submitted on 7/24/79.
Fuel Oil. 81) See 40 CFR
52.1490(c)(16)(viii).

[[Page 372]]

Section 30: Subsections 30.1- Incinerators...... 12/28/78 46 FR 43141 (8/27/ Submitted on 7/24/79.
30.7 (excluding subsection 81) See 40 CFR
30.4). 52.1490(c)(16)(viii).
Subsection 30.4 was
superseded by amended
version submitted on
11/17/81 and approved
at 47 FR 26386 (6/18/
82).
Section 30 (Incinerators): [exemptions for 9/3/81 47 FR 26386 (6/18/ Submitted on 11/17/81.
Subsection 30.4. certain types of 82) See 40 CFR
incinerators]. 52.1490(c)(24)(iv).
Section 30 (Incinerators): [related to 9/3/81 47 FR 26386 (6/18/ Submitted on 11/17/81.
Subsection 30.8. maximum allowable 82) See 40 CFR
emission rates]. 52.1490(c)(24)(iv).
Section 31..................... Reduction of 12/28/78 46 FR 43141 (8/27/ Submitted on 7/24/79.
Emission of 81) See 40 CFR
Sulfur from 52.1490(c)(16)(viii).
Primary Non-
Ferrous Smelters.
Section 32: Subsections 32.1, Reduction of 12/28/78 46 FR 43141 (8/27/ Submitted on 7/24/79.
32.2. Animal Matter. 81) See 40 CFR
52.1490(c)(16)(viii).
Section 33..................... Chlorine in 5/18/84 51 FR 29923 (8/21/ Submitted on 1/11/85.
Chemical 86) See 40 CFR
Processes. 52.1490(c)(i)(A). See
also clarification at
69 FR 54006 (9/7/04.
Section 41: Subsections 41.1- Fugitive Dust..... 12/28/78 46 FR 43141 (8/27/ Submitted on 7/24/79.
41.4. 81) See 40 CFR
52.1490(c)(16)(viii).
Section 42: Subsections 42.1, Open Burning...... 12/28/78 46 FR 43141 (8/27/ Submitted on 7/24/79.
42.3 and 42.4. 81) See 40 CFR
52.1490(c)(16)(viii).
Subsection 42.2
deleted without
replacement--see 40
CFR
52.1490(c)(16)(viii)(
C).
Section 50..................... Storage of 12/28/78 46 FR 21758 (4/14/ Submitted on 7/24/79.
Petroleum 81) See 40 CFR
Products. 52.1490(c)(16)(ii).
Section 51..................... Petroleum Product 12/28/78 46 FR 21758 (4/14/ Submitted on 7/24/79.
Loading into Tank 81) See 40 CFR
Trucks and 52.1490(c)(16)(ii).
Trailers.
Section 52: Subsections 52.1- Handling of 12/28/78 46 FR 21758 (4/14/ Submitted on 7/24/79.
52.10 (excluding subsections Gasoline at 81) See 40 CFR
52.4.2.3 and 52.7.2). Service Stations, 52.1490(c)(16)(ii).
Airports and Subsections 52.4.2.3
Storage Tanks. and 52.7.2 were
superseded by amended
provisions submitted
on 11/17/81 and
approved at 47 FR
26386 (6/18/82).
Section 52 (Handling of [related to vapor 9/3/81 47 FR 26386 (6/18/ Submitted on 11/17/81.
Gasoline at Service Stations, recovery and 82) See 40 CFR
Airports and Storage Tanks): sales 52.1490(c)(24)(iv).
Subsections 52.4.2.3 and information].
52.7.2.
Section 53..................... Oxygenated 6/3/03 69 FR 56351 (9/21/ Submitted on 11/10/03.
Wintertime 04) See 40 CFR
Gasoline. 52.1490(c)(52)(i)(A)(
1). Superseded
earlier version
adopted on 9/25/97,
submitted on 8/7/98,
and approved at 64 FR
29573 (6/2/99).
Ordinance No. 3809............. An Ordinance to 9/29/09 75 FR 59090 (9/27/ See 40 CFR
Suspend the 10) 52.1490(c)(74)(i)(A).
Applicability and Section 54 was
Enforceability of suspended by the
All Provisions of Clark County Board of
Clark County Air County Commissioners
Quality through adoption of
Regulation Ordinance No. 3809 on
Section 54, the September 15, 2009.
Cleaner Burning Submitted on 3/26/10
Gasoline for inclusion into
Wintertime Appendix C of the
Program; and 2008 Las Vegas Valley
Provide for Other CO Maintenance Plan.
Matters Properly
Relating Thereto.

[[Page 373]]

Section 60 (excluding Evaporation and 6/28/79 46 FR 21758 (4/14/ Submitted on 9/18/79.
subsections 60.4.2 and 60.4.3). Leakage. 81) See 40 CFR
52.1490(c)(17)(i).
Subsections 60.4.2
and 60.4.3 were
superseded by
approval of amended
provisions at 49 FR
10259 (3/20/84) and
47 FR 26386 (6/18/
82).
Section 60: Subsection 60.4.2.. [General 9/3/81 49 FR 10259 (3/20/ Submitted on 11/17/81.
prohibition on 84) See 40 CFR
use of cutback 52.1490(c)(24)(vi).
asphalt].
Section 60: Subsection 60.4.3.. [Exceptions to 9/3/81 47 FR 26386 (6/18/ Submitted on 11/17/81.
subsection 82) See 40 CFR
60.4.2]. 52.1490(c)(24)(iv).
Section 70: subsections 70.1- Emergency 12/28/78 46 FR 43141 (8/27/ Submitted on 7/24/79.
70.6. Procedures. 81) See 40 CFR
52.1490(c)(16)(viii).
Section 80..................... Circumvention..... 12/28/78 46 FR 43141 (8/27/ Submitted on 7/24/79.
81) See 40 CFR
52.1490(c)(16)(viii).
Section 81..................... Provisions of 12/28/78 46 FR 43141 (8/27/ Submitted on 7/24/79.
Regulations 81) See 40 CFR
Severable. 52.1490(c)(16)(viii).
Section 90..................... Fugitive Dust from 12/17/02 71 FR 63250 (10/30/ Originally adopted on
Open Areas and 06) 6/22/00, and amended
Vacant Lots. on 12/17/02.
Submitted on 1/23/03.
See 40 CFR
52.1490(c)(60)(i)(A)(
1). Supersedes
earlier version of
rule approved at 69
FR 32273 (6/9/04).
Section 91..................... Fugitive Dust from 11/20/01 69 FR 32273 (6/9/ Originally adopted on
Unpaved Roads, 04) 6/22/00 and amended
Unpaved Alleys on 11/20/01.
and Unpaved Submitted on 10/24/
Easement Roads. 02. See 40 CFR
52.1490(c)(43)(i)(A)(
1).
Section 92..................... Fugitive Dust from 12/17/02 71 FR 63250 (10/30/ Originally adopted on
Unpaved Parking 06) 6/22/00, and amended
Lots, Material on 12/17/02.
Handling & Submitted on 1/23/03.
Storage Yards, & See 40 CFR
Vehicle & 52.1490(c)(60)(i)(A)(
Equipment Storage 1). Supersedes
Yards. earlier version of
rule approved at 69
FR 32273 (6/9/04).
Section 93..................... Fugitive Dust from 3/4/03 71 FR 63250 (10/30/ Originally adopted on
Paved Roads & (amended) 06) 6/22/00, amendments
Street Sweeping adopted on 3/4/03
Equipment. made effective 3/18/
03. Submitted on 3/26/
03. See 40 CFR
52.1490(c)(61)(i)(A)(
1). Supersedes
earlier version of
rule approved at 69
FR 32273 (6/9/04).
Section 94..................... Permitting & Dust 3/18/03 71 FR 63250 (10/30/ Originally adopted on
Control for (amended) 06) 6/22/00, amendments
Construction adopted on 3/18/03
Activities. made effective 4/1/
03. Submitted on 3/26/
03. See 40 CFR
52.1490(c)(61)(i)(A)(
1). Supersedes
earlier version of
rule approved at 69
FR 32273 (6/9/04).
Section 94 Handbook............ Construction 4/1/03 71 FR 63250 (10/30/ Originally adopted on
Activities Dust 06) 6/22/00, and amended
Control Handbook. on 3/18/03. Submitted
on 3/26/03. See 40
CFR
52.1490(c)(61)(i)(A)(
1). Supersedes
earlier version of
rule approved at 69
FR 32273 (6/9/04).
Clark County Building Code, Residential Wood 12/4/90 68 FR 52838 (9/8/ Adopted on 11/20/90,
Section 3708. Combustion 03) and submitted on 11/
Ordinance 19/02. See 40 CFR
(Fireplace), No. 52.1490(c)(41)(i)(A)(
1249. 1).
----------------------------------------------------------------------------------------------------------------

Table 4--EPA-Approved City of Las Vegas Regulations
----------------------------------------------------------------------------------------------------------------
City effective
City citation Title/Subject date EPA Approval date Additional explanation
----------------------------------------------------------------------------------------------------------------
City of Las Vegas Building Residential Wood 11/21/90 68 FR 52838 Adopted on 11/21/90,
Code, Section 3708. Combustion (9/8/03) and submitted on 11/
Ordinance 19/02. See 40 CFR
(Fireplace), No. 52.1490(c)(41)(i)(A)(
3538. 2).
----------------------------------------------------------------------------------------------------------------

[[Page 374]]

Table 5--EPA-Approved City of North Las Vegas Regulations
----------------------------------------------------------------------------------------------------------------
City effective
City citation Title/Subject date EPA Approval date Additional explanation
----------------------------------------------------------------------------------------------------------------
City of North Las Vegas Residential Wood 9/18/91 68 FR 52838 Adopted on 9/18/91,
Building Code, Section Combustion (9/8/03) and submitted on 11/
13.16.150. Ordinance 19/02. See 40 CFR
(Fireplace), No. 52.1490(c)(41)(i)(A)(
1020. 3).
----------------------------------------------------------------------------------------------------------------

Table 6--EPA-Approved City of Henderson Regulations
----------------------------------------------------------------------------------------------------------------
City effective
City citation Title/Subject date EPA Approval date Additional explanation
----------------------------------------------------------------------------------------------------------------
City of Henderson Building Residential Wood 10/15/96 68 FR 52838 Adopted on 10/15/96,
Code, Section 15.40.010. Combustion (9/8/03) and submitted on 11/
Ordinance 19/02. See 40 CFR
(Fireplace), No. 52.1490(c)(41)(i)(A)(
1697. 4).
----------------------------------------------------------------------------------------------------------------

Table 7--EPA-Approved Washoe County Regulations
----------------------------------------------------------------------------------------------------------------
District
District citation Title/Subject effective date EPA Approval date Additional explanation
----------------------------------------------------------------------------------------------------------------
GENERAL DEFINITIONS
----------------------------------------------------------------------------------------------------------------
010.000........................ Definitions....... 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
010.005........................ Air Contaminant... 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
010.010........................ Air Pollution..... 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
010.011........................ Allowable 5/23/79 46 FR 21758(4/14/ Submitted on 7/24/79.
emissions. (adopted) 81) See 40 CFR
52.1490(c)(16)(iii).
010.014........................ Asphalt........... 5/23/79 46 FR 21758(4/14/ Submitted on 7/24/79.
(adopted) 81). See 40 CFR
52.1490(c)(16)(iii).
010.015........................ Atmosphere........ 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
010.020........................ Board of Health... 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
010.025........................ BTU-British 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
Thermal Unit. 72) See 40 CFR
52.1490(c)(2).
010.028........................ Cold Cleaner...... 1/24/79 46 FR 21758(4/14/ Submitted on 7/24/79.
(adopted) 81) See 40 CFR
52.1490(c)(16)(iii).
010.030........................ Combustion 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
Contaminants. 72) See 40 CFR
52.1490(c)(2).
010.035........................ Combustible Refuse 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
010.040........................ Commercial Fuel 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
Oil. 72) See 40 CFR
52.1490(c)(2).
010.045........................ Condensed Fumes... 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
010.050........................ Control Equipment. 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
010.055........................ Control Officer... 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
010.057........................ Conveyorized 1/24/79 46 FR 21758(4/14/ Submitted on 7/24/79.
Degreaser. (adopted) 81) See 40 CFR
52.1490(c)(16)(iii).
010.059........................ Cut-back Asphalt.. 5/23/79 46 FR 21758(4/14/ Submitted on 7/24/79.
(adopted) 81) See 40 CFR
52.1490(c)(16)(iii).
010.060........................ District Health 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
Officer. 72) See 40 CFR
52.1490(c)(2).
010.065........................ Dusts............. 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
010.070........................ Emission.......... 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
010.071........................ Freeboard height.. 1/24/79 46 FR 21758(4/14/ Submitted on 7/24/79.
(adopted) 81) See 40 CFR
52.1490(c)(16)(iii).
010.072........................ Freeboard ratio... 1/24/79 46 FR 21758(4/14/ Submitted on 7/24/79.
(adopted) 81) See 40 CFR
52.1490(c)(16)(iii).
010.075........................ Fuel.............. 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
010.080........................ Fuel Burning 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
Equipment. 72) See 40 CFR
52.1490(c)(2).

[[Page 375]]

010.085........................ Garbage........... 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
010.090........................ Gas............... 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
010.091........................ Gasoline.......... 1/24/79 46 FR 21758(4/14/ Submitted on 7/24/79.
(adopted) 81) See 40 CFR
52.1490(c)(16)(iii).
010.095........................ Health District... 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
010.100........................ Hearing Board..... 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
010.105........................ Incinerator....... 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
010.106........................ Lowest Achievable 5/23/79 46 FR 21758(4/14/ Submitted on 7/24/79.
Emission Rate. (adopted) 81) See 40 CFR
52.1490(c)(16)(iii).
010.107B....................... Major Emitting 5/23/79 46 FR 21758(4/14/ Submitted on 4/24/79.
Facility Or Major (adopted) 81) See 40 CFR
Stationary Source 52.1490(c)(16)(iii).
(Nonattainment
Areas).
010.108........................ Major Modification 5/23/79 46 FR 21758(4/14/ Submitted on 4/24/79.
(adopted) 81) See 40 CFR
52.1490(c)(16)(iii).
010.110........................ Mist.............. 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
010.116........................ Non Attainment 5/23/79 46 FR 21758(4/14/ Submitted on 4/24/79.
Area. (adopted) 81) See 40 CFR
52.1490(c)(16)(iii).
010.117........................ Non Attainment 5/23/79 46 FR 21758(4/14/ Submitted on 4/24/79.
Pollutant. (adopted) 81) See 40 CFR
52.1490(c)(16)(iii).
010.120........................ Nuisance.......... 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
010.125........................ Odor.............. 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
010.130........................ Opacity........... 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
010.135........................ Open Fire......... 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
010.136........................ Open Top Vapor 1/24/79 46 FR 21758(4/14/ Submitted on 4/24/79.
Degreaser. (adopted) 81) See 40 CFR
52.1490(c)(16)(iii).
010.140........................ Particulate Matter 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
010.145........................ Pathological Waste 2/1/72 37 FR 15080 (7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
010.117........................ Pellet Stove...... 2/23/06 72 FR 33397(6/18/ Submitted on 5/5/06.
07) See 40 CFR
52.1490(c)(63)(i)(A)(
1).
010.148........................ Penetrating Prime 5/23/79 46 FR 21758(4/14/ Submitted on 4/24/79.
Coat. (adopted) 81) See 40 CFR
52.1490(c)(16)(iii).
010.149........................ Penetrating Seal 5/23/79 46 FR 21758(4/14/ Submitted on 4/24/79.
Coat. (adopted) 81) See 40 CFR
52.1490(c)(16)(iii).
010.150........................ Person............ 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
010.151........................ Potential to Emit. 5/23/79 46 FR 21758(4/14/ Submitted on 4/24/79.
(adopted) 81) See 40 CFR
52.1490(c)(16)(iii).
010.155........................ Process Weight.... 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
010.160........................ Process Weight 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
Rate. 72) See 40 CFR
52.1490(c)(2).
010.165........................ Ringelmann Chart.. 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
010.166........................ Significant 5/23/79 46 FR 21758(4/14/ Submitted on 4/24/79.
Ambient Impact. (adopted) 81) See 40 CFR
52.1490(c)(16)(iii).
010.170........................ Smoke............. 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
010.175........................ Source............ 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
010.1751....................... Source 5/23/79 46 FR 21758(4/14/ Submitted on 4/24/79.
Registration. (adopted) 81) See 40 CFR
52.1490(c)(16)(iii).
010.180........................ Stack or Chimney.. 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
010.185........................ Standard 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
Conditions. 72) See 40 CFR
52.1490(c)(2).

[[Page 376]]

010.197........................ Volatile Organic 1/24/79 46 FR 21758(4/14/ Submitted on 4/24/79.
Compound. (adopted) 81) See 40 CFR
52.1490(c)(16)(iii).
----------------------------------------------------------------------------------------------------------------
GENERAL PROVISIONS
----------------------------------------------------------------------------------------------------------------
020.005........................ Board of Health- 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
Powers and Duties. 72) See 40 CFR
52.1490(c)(2).
020.010........................ Injunctive Relief. 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
020.015........................ Judicial Relief... 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
020.025........................ Control Officer- 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
Powers and Duties. 72) See 40 CFR
52.1490(c)(2).
020.035........................ Violations of 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
Regulations. 72) See 40 CFR
52.1490(c)(2).
020.040........................ Notice of 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
Violation. 72) See 40 CFR
52.1490(c)(2).
020.045........................ Citation.......... 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
020.050........................ Administrative 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
Fines. 72) See 40 CFR
52.1490(c)(2).
020.055........................ Injunctive Relief. 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
020.055........................ Confidential 1/24/79 46 FR 43141(8/27/ Submitted on 7/24/79.
information. (adopted) 81) See 40 CFR
52.1490(c)(16)(ix).
020.060........................ Interference with 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
Performance of 72) See 40 CFR
Duty. 52.1490(c)(2).
020.070........................ Sampling and 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
Testing. 72) See 40 CFR
52.1490(c)(2).
020.080........................ Circumvention..... 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
020.085........................ Upset, Breakdown 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
or Scheduled 72) See 40 CFR
Maintenance. 52.1490(c)(2).
020.090........................ Registration of 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
Sources. 72) See 40 CFR
52.1490(c)(2).
020.095........................ Severability...... 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
----------------------------------------------------------------------------------------------------------------
SOURCE REGISTRATION AND OPERATION
----------------------------------------------------------------------------------------------------------------
030.000........................ Sources--General.. 5/23/79 46 FR 21758(4/14/ Submitted on 7/24/79.
(adopted) 81) See 40 CFR
52.1490(c)(16)(iii).
030.005........................ [Authority to 5/23/79 46 FR 21758(4/14/ Submitted on 7/24/79.
Construct must be (adopted) 81) See 40 CFR
issued before any 52.1490(c)(16)(iii).
building permit].
030.010........................ [Limits on 5/23/79 46 FR 21758(4/14/ Submitted on 7/24/79.
Issuance of (adopted) 81) See 40 CFR
Authorities to 52.1490(c)(16)(iii).
Construct].
030.015........................ [Public notice 5/23/79 46 FR 21758(4/14/ Submitted on 7/24/79.
requirement for (adopted) 81) See 40 CFR
major sources]. 52.1490(c)(16)(iii).
030.025........................ Registration 5/23/79 46 FR 21758(4/14/ Submitted on 7/24/79.
Application. (adopted) 81) See 40 CFR
52.1490(c)(16)(iii).
030.030........................ [Limits on effect 5/23/79 46 FR 21758(4/14/ Submitted on 7/24/79.
of acceptance of (adopted) 81) See 40 CFR
permit 52.1490(c)(16)(iii).
application or
issuance of
Authority to
Construct].
030.110........................ [modifications]... 5/23/79 46 FR 21758(4/14/ Submitted on 7/24/79.
(adopted) 81) See 40 CFR
52.1490(c)(16)(iii).

[[Page 377]]

030.115(1), (5), and subsection [Additional 5/23/79 46 FR 21758(4/14/ Submitted on 7/24/79.
(B). requirements for (adopted) 81) See 40 CFR
major sources in 52.1490(c)(16)(iii).
general and
specific
additional
requirements for
major sources of
nonattainment
pollutants].
030.120........................ [Violations and 5/23/79 46 FR 21758(4/14/ Submitted on 7/24/79.
Stop Work Orders]. (adopted) 81) See 40 CFR
52.1490(c)(16)(iii).
030.1201....................... [Person served 5/23/79 46 FR 21758(4/14/ Submitted on 7/24/79.
with Stop Work (adopted) 81) See 40 CFR
Order]. 52.1490(c)(16)(iii).
030.205........................ [Registration 5/23/79 46 FR 21758(4/14/ Submitted on 7/24/79.
Requirement]. (adopted) 81) See 40 CFR
52.1490(c)(16)(iii).
030.210........................ [Issuance of 5/23/79 46 FR 21758(4/14/ Submitted on 7/24/79.
Permits to (adopted) 81) See 40 CFR
Operate]. 52.1490(c)(16)(iii).
030.215........................ [Limits on Meaning 5/23/79 46 FR 21758(4/14/ Submitted on 7/24/79.
of Issuance of (adopted) 81) See 40 CFR
Permit to 52.1490(c)(16)(iii).
Operate].
030.218........................ Demonstration of 6/28/12 77 FR 60915(10/5/ Submitted on 8/30/12.
Compliance. 12)
030.230........................ Record Keeping.... 6/28/12 77 FR 60915(10/5/ Submitted on 8/30/12.
12)
030.235........................ Requirements for 6/28/12 77 FR 60915(10/5/ Submitted on 8/30/12.
Source Sampling 12)
and Testing.
030.245........................ [Permit to Operate 5/23/79 46 FR 21758(4/14/ Submitted on 7/24/79.
is not (adopted) 81) See 40 CFR
transferable]. 52.1490(c)(16)(iii).
030.250........................ [Permit to Operate 5/23/79 46 FR 21758(4/14/ Submitted on 7/24/79.
is subject to (adopted) 81) See 40 CFR
suspension or 52.1490(c)(16)(iii).
revocation for
violation].
030.300........................ Fee and Fee 5/23/79 46 FR 43141(8/27/ Submitted on 7/24/79.
Schedule. (adopted) 81) See 40 CFR
52.1490(c)(16)(ix).
030.305........................ Plan Review Fees.. 5/23/79 46 FR 43141(8/27/ Submitted on 7/24/79.
(adopted) 81) See 40 CFR
52.1490(c)(16)(ix).
030.310........................ [Permit to 5/23/79 46 FR 43141(8/27/ Submitted on 7/24/79.
Operate--Schedule (adopted) 81) See 40 CFR
of Fees]. 52.1490(c)(16)(ix).
030.970 (subsection A only).... Part 70 Permit 6/28/12 77 FR 60915(10/5/ Submitted on 8/30/12.
Monitoring and 12)
Compliance.
030.3101....................... Fuel burning 5/23/79 46 FR 43141(8/27/ Submitted on 7/24/79.
equipment. (adopted) 81) See 40 CFR
52.1490(c)(16)(ix).
030.3102....................... Incinerators...... 5/23/79 46 FR 43141(8/27/ Submitted on 7/24/79.
(adopted) 81) See 40 CFR
52.1490(c)(16)(ix).
030.3103....................... Storage tanks..... 5/23/79 46 FR 43141(8/27/ Submitted on 7/24/79.
(adopted) 81) See 40 CFR
52.1490(c)(16)(ix).
030.3104....................... Processes......... 5/23/79 46 FR 43141(8/27/ Submitted on 7/24/79.
(adopted) 81) See 40 CFR
52.1490(c)(16)(ix).
----------------------------------------------------------------------------------------------------------------
PROHIBITED EMISSIONS
----------------------------------------------------------------------------------------------------------------
040.005........................ Visible Air 2/23/06 72 FR 33397(6/18/ Submitted on 5/5/06.
Contaminants. 07) See 40 CFR
52.1490(c)(63)(i)(A)(
1).
040.010........................ Particulate Matter 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
040.015........................ Specific 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
Contaminants. 72) See 40 CFR
52.1490(c)(2).
040.020........................ Dust and Fumes.... 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
040.025........................ Exceptions........ 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
040.030........................ Dust Control...... 11/1/02 72 FR 25969(5/8/07) Adopted on 7/26/02.
Submitted on 8/5/02.
See 40 CFR
52.1490(c)(55)(i)(A)(
2).

[[Page 378]]

040.031........................ Street Sanding 2/27/02 71 FR 14386(3/22/ Adopted on 2/27/02.
Operations. 06) Submitted on 8/5/02.
See 40 CFR
52.1490(c)(55)(i)(A)(
1).
040.032........................ Street Sweeping 2/27/02 71 FR 14386(3/22/ Adopted on 2/27/02.
Operations. 06) Submitted on 8/5/02.
See 40 CFR
52.1490(c)(55)(i)(A)(
1).
040.035........................ Open Fires........ 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
040.040........................ Burning Permit 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
Conditions. 72) See 40 CFR
52.1490(c)(2).
040.045........................ Refuse Disposal... 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
72) See 40 CFR
52.1490(c)(2).
040.050........................ Incinerator 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
Emissions. 72) See 40 CFR
52.1490(c)(2).
040.051........................ Wood Stove/ 2/23/06 72 FR 33397(6/18/ Submitted on 5/5/06.
Fireplace Insert 07) See 40 CFR
Emissions. 52.1490(c)(63)(i)(A)(
1).
040.060........................ Sulfur Content of 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
Fuel. 72) See 40 CFR
52.1490(c)(2).
040.065........................ Reduction of 2/1/72 37 FR 15080(7/27/ Submitted on 6/12/72.
Animal Matter. 72) See 40 CFR
52.1490(c)(2).
040.070........................ Storage of 1/24/79 46 FR 21758(4/14/ Submitted on 7/24/79.
Petroleum (adopted) 81) See 40 CFR
Products. 52.1490(c)(16)(iii).
040.075........................ Gasoline Loading 1/24/79 46 FR 21758(4/14/ Submitted on 7/24/79.
into Tank Trucks (adopted) 81) See 40 CFR
and Trailers. 52.1490(c)(16)(iii).
040.080........................ Gasoline Unloading 1/24/79 46 FR 21758(4/14/ Submitted on 7/24/79.
from Tank Trucks (adopted) 81) See 40 CFR
and Trailers into 52.1490(c)(16)(iii).
Storage Tanks.
040.085........................ Organic Solvents.. 1/24/79 46 FR 21758(4/14/ Submitted on 7/24/79.
(adopted) 81) See 40 CFR
52.1490(c)(16)(iii).
040.090........................ Cut-Back Asphalts. 5/23/79 46 FR 21758(4/14/ Submitted on 7/24/79.
(adopted) 81) See 40 CFR
52.1490(c)(16)(iii).
040.095........................ Oxygen content of 9/22/05 73 FR 38124(7/3/08) See 40 CFR
motor vehicle 52.1490(c)(69)(i)(A)(
fuel. 1).
[Related to 040.095]........... Washoe County 9/22/05 73 FR 38124(7/3/08) See
District Board of 52.1490(c)(69)(i)(A)(
Health Meeting, 1)(i).
September 22,
2005, Public
Hearing-
Amendments--Washo
e County District
Board of Health
Regulations
Governing Air
Quality
Management; to
Wit: Rule 040.095
(Oxygen Content
of Motor Vehicle
Fuel).
----------------------------------------------------------------------------------------------------------------
EMERGENCY EPISODE PLAN
----------------------------------------------------------------------------------------------------------------
050.001........................ Emergency Episode 3/23/06 72 FR 33397(6/18/ Submitted on 5/5/06.
Plan. 07) See 40 CFR
52.1490(c)(63)(i)(A)(
1).
060.010........................ Emergency 2/1/72 37 FR 15080(7/27/ Submitted on June 12,
Authority to Act. 72) 1972. See 40 CFR
52.1490(c)(2).
060.015........................ Sampling Stations 2/1/72 37 FR 15080(7/27/ Submitted on June 12,
and Air Sampling. 72) 1972. See 40 CFR
52.1490(c)(2).
060.020........................ Reports........... 2/1/72 37 FR 15080(7/27/ Submitted on June 12,
72) 1972. See 40 CFR
52.1490(c)(2).
060.025........................ Continuing Program 2/1/72 37 FR 15080(7/27/ Submitted on June 12,
of Voluntary 72) 1972. See 40 CFR
Cooperation. 52.1490(c)(2).
----------------------------------------------------------------------------------------------------------------

[[Page 379]]

(d) EPA-approved State source-specific permits.
[Reserved]
(e) EPA-approved Nevada nonregulatory provisions and quasi-
regulatory measures.

EPA-Approved Nevada Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of SIP provision geographic or submittal EPA approval date Explanation
nonattainment area date
----------------------------------------------------------------------------------------------------------------
AIR QUALITY IMPLEMENTATION PLAN FOR THE STATE OF NEVADA\1\
----------------------------------------------------------------------------------------------------------------
Section 1--Legal authority....... State-wide.......... 1/28/72 37 FR 10842 (5/31/ See 40 CFR
72). 52.1490(b).
Statutes approved
into the SIP are
listed at the end
of this table.
Legal opinions concerning the State-wide.......... 11/17/72 38 FR 12702 (5/14/ See 40 CFR
plan. 73).. 52.1490(c)(4).
Section 2--Control regulations... State-wide, Clark (*) Not applicable...... See paragraph (c) of
County and Washoe 40 CFR 52.1470,
County air above.
districts, and
certain city and
county
jurisdictions.
Section 3--Air quality data State-wide.......... 1/28/72 37 FR 10842 (5/31/ See 40 CFR
summary (excluding subsection 72). 52.1490(b). An
3.2). amended subsection
3.2 was submitted
on 12/10/76 and
approved at 43 FR
26932 (8/21/78).
Subsection 3.2 (SO2 Data)........ State-wide.......... 12/10/76 43 FR 26932 (8/21/ Superseded
78). subsection 3.2 from
the original SIP.
See 40 CFR
52.1490(c)(12).
Section 4--Emissions summary State-wide.......... 1/28/72 37 FR 10842 (5/31/ See 40 CFR
(excluding subsection 4.2). 72). 52.1490(b). An
amended subsection
4.2 was submitted
on 12/10/76 and
approved at 43 FR
26932 (8/21/78).
Subsection 4.2 (Exceptions)...... State-wide.......... 12/10/76 43 FR 26932 (8/21/ Superseded
78). subsection 4.2 from
the original SIP.
See 40 CFR
52.1490(c)(12).
Section 5--Control strategy State-wide.......... 1/28/72 37 FR 10842 (5/31/ See 40 CFR
(excluding subsection 5.1 and 72). 52.1490(b). Errata
table 5.1). sheet correcting
page 5-21 was
submitted by Nevada
on 4/26/72 and
approved with the
original SIP on 1/
28/72. See 40 CFR
52.1490(c)(1).
Subsection 5.1 and
table 5.1 was
superseded by
amended provisions
at 43 FR 26932 (8/
21/78).
Subsection 5.1 (Approach)........ State-wide.......... 12/10/76 43 FR 26932 (8/21/ Superseded
78). subsection 5.1 from
the original SIP.
See 40 CFR
52.1490(c)(12).
Table 5.1 (Classification of State-wide.......... 12/10/76 43 FR 26932 (8/21/ Superseded table 5.1
regions). 78). from the original
SIP. See 40 CFR
52.1490(c)(12).
Table 5.2 (Set 1 Pollutants)..... Clark County........ 12/10/76 43 FR 26932 (8/21/ Specifies SO2
78). control strategy
analysis for Clark
County. See 40 CFR
52.1490(c)(12).
Nevada State Implementation Plan State-wide.......... 2/5/07 72 FR 41629 (7/31/ See 40 CFR
for Interstate Transport to 07). 52.1490(c)(64)(i)(A
Satisfy the Requirements of )(1).
Clean Air Act 110(a)(2)(D)(i)
for the 8-hour Ozone and PM2.5
NAAQS Promulgated in July 1997
(January 31, 2007).

[[Page 380]]

Mason Valley 108 Mason Valley and 12/29/78 46 FR 21758 (4/14/ TSP nonattainment
(Yerington) and Fernley Area Fernley Area. 81). plan. See 40 CFR
76 Air Quality 52.1490(c)(14)(iii)
Implementation Plan. . TSP plan was
approved with
conditions, but
conditions were
revoked at 47 FR
15790 (4/13/82).
Letter from Michael L. Eckstein, Yerington and 7/24/79 46 FR 21758 (4/14/ Relates to paving
P.E., Lyon County Engineer, 2/27/ Fernley. 81). schedule to reduce
79. TSP emissions. See
40 CFR
52.1490(c)(16)(iv).
Lander County Air Quality Lander County....... 12/29/78 46 FR 21758 (4/14/ TSP nonattainment
Improvement Plan. 81). plan. See 40 CFR
52.1490(c)(14)(iii)
. TSP plan was
approved with
conditions, but
conditions were
revoked at 47 FR
15790 (4/13/82).
Resolution, County of Lander, May Lander County....... 7/24/79 46 FR 21758 (4/14/ See 40 CFR
3, 1979. 81). 52.1490(c)(16)(iv).
Carson Desert (101 Carson Desert....... 12/29/78 46 FR 21758 (4/14/ TSP nonattainment
(Fallon) Air Quality 81). plan. See 40 CFR
Implementation Plan. 52.1490(c)(14)(iii)
. TSP plan was
approved with
conditions, but
conditions were
revoked at 47 FR
15790 (4/13/82).
Letter from Ben T. Bartlett, City of Fallon...... 7/24/79 46 FR 21758 (4/14/ Relates to paving
P.E., City Engineer, City of 81). schedule to reduce
Fallon, 12/20/78. TSP emissions. See
40 CFR
52.1490(c)(16)(iv).
Winnemucca Segment (70) Winnemucca Segment.. 12/29/78 46 FR 21758 (4/14/ TSP nonattainment
Air Quality Implementation Plan. 81). plan. See 40 CFR
52.1490(c)(14)(iii)
. TSP plan was
approved with
conditions, but
conditions were
revoked at 47 FR
15790 (4/13/82).
Letter from Leslie F. Harmon, City of Winnemucca.. 7/24/79 46 FR 21758 (4/14/ Relates to paving
Councilman, City of Winnemucca, 81). schedule to reduce
11/11/79. TSP emissions. See
40 CFR
52.1490(c)(16)(iv).
Redesignation Request and Central Steptoe 2/14/95 67 FR 17939 (4/12/ Sulfur dioxide
Maintenance Plan for the Valley, White Pine 02). redesignation
National Sulfur Dioxide County. request and
Standard--Central Steptoe Valley. maintenance plan.
See 40 CFR
52.1490(c)(39)(i)(A
).
Supplement to Maintenance Plan Central Steptoe 2/27/02 67 FR 17939 (4/12/ Supplement consists
for the National Sulfur Dioxide Valley, White Pine 02). of a letter from
Standard--Central Steptoe Valley. County. Allen Biaggi,
Administrator,
NDEP, to Wayne
Nastri, EPA Region
IX Regional
Administrator,
dated 2/27/02. See
40 CFR
52.1490(c)(40)(i)(A
).
Las Vegas Valley Air Quality Las Vegas Valley, 12/29/78 46 FR 21758 (4/14/ Carbon monoxide,
Implementation Plan, 12/5/78. Clark County. 81). photochemical
oxidant, and TSP
nonattainment plan.
See 40 CFR
52.1490(c)(14)(iii)
. The plan was
approved with
conditions, but
conditions were
revoked at 47 FR
15790 (4/13/82).
Two memoranda of understanding Las Vegas Valley, 7/24/79 46 FR 21758 (4/14/ Amendments to the
between Clark County, the Health Clark County. 81). Las Vegas Valley
District, and the Transportation Air Quality
Policy Committee. Implementation
Plan, 12/5/78. See
40 CFR
52.1490(c)(16)(v).

[[Page 381]]

Air Quality Implementation Plan, Las Vegas Valley, 4/4/81 47 FR 15790 (4/13/ Updates Las Vegas
Las Vegas Valley, Clark County, Clark County. 82). Valley Air Quality
Nevada, Revised 11/18/80 Implementation
(excluding Clark County Air Plan, 12/5/78, for
Pollution Control Regulations). carbon monoxide,
ozone and TSP to
respond to
conditions placed
on approval. See 40
CFR
52.1490(c)(23)(i).
Clark County air
pollution control
regulations were
included as
appendix C to the
plan but were not
approved as part of
the plan.
Air Quality Implementation Plan, Las Vegas Valley, 6/23/82 49 FR 44208 (11/5/ Submitted as
Las Vegas Valley, Clark County, Clark County. 84). required in
Nevada, Update, 6/1/82. response to EPA's
approval of request
for extension of CO
attainment date to
1987. See 40 CFR
52.1490(c)(32).
Air Quality Implementation Plan, Las Vegas Valley, 1/11/85 51 FR 29923 (8/21/ Submitted as
Las Vegas Valley, Clark County, Clark County. 86). required in
Nevada, Post 1982 Update, July response to EPA's
1984. approval of request
for extension of
ozone attainment
date to 1987. In
addition to the
plan itself, the
approval includes
an emissions
inventory for 1995,
transmitted by
letter dated 3/14/
86. See 40 CFR
52.1490(c)(33)(i)(A
).
Emissions Inventory for 1995..... Las Vegas Valley, 3/14/86 51 FR 29923 (8/21/ Supplements the Air
Clark County. 86). Quality
Implementation
Plan, Las Vegas
Valley, Clark
County, Nevada,
Post 1982 Update, 7/
84. See 40 CFR
52.1490(c)(33)(ii)(
A).
Ozone Redesignation Request and Clark County, 4/11/11 78 FR 1149, 1/8/13.. Approval includes
Maintenance Plan, Clark County, Nevada: that appendices A, B,
Nevada (March 2011). portion of Clark and C. Relates to
County that lies in the 1997 8-hour
hydrographic areas ozone standard.
164A, 164B, 165,
166, 167, 212, 213,
214, 216, 217, and
218, but excluding
the Moapa River
Indian Reservation
and the Fort Mohave
Indian Reservation.
PM-10 State Implementation Plan Las Vegas Valley, 7/23/01 69 FR 32273 (6/9/04) Adopted 6/19/01. PM-
for Clark County, June 2001. Clark County. 10 nonattainment
plan. Approval
covers chapter 3,
chapter 4
(excluding pages 4-
125 and 4-126),
chapters 5 through
7, appendices A
through E, appendix
J, and appendices L
through N. All
rules and
regulations
approved in
appendix G have
been superseded by
subsequent EPA
approvals of
amended
regulations. See 40
CFR
52.1490(c)(42)(i)(A
)(1).

[[Page 382]]

Pages 4-125 and 4-126 and Las Vegas Valley, 11/19/02 69 FR 32273 (6/9/04) Replacement pages
appendix R (of the PM-10 State Clark County. and an additional
Implementation Plan for Clark appendix (i.e.,
County). Appendix R--
Documentation on
Residential Wood
Combustion Control
Measures'') to the
PM-10 State
Implementation Plan
for Clark County.
See 40 CFR
52.1490(c)(44)(i)(A
)(1).
State of Nevada State Portions of Clark 3/20/96 69 FR 56351 (9/21/ I/M SIP. Approval
Implementation Plan for an County. 04). includes the cover
Enhanced Program for the page through page
Inspection and Maintenance of 15, appendix 1
Motor Vehicles for Las Vegas (only the Nevada
Valley and Boulder City, Nevada, attorney general's
revised March 1996. opinion and
memorandum dated 11/
15/93 and 6/29/94,
respectively), and
appendices 2 and 9.
See 40 CFR
52.1490(c)(46)(i)(A
)(1).
NV2000 Analyzer Electronic Data Parts of Clark 1/30/02 69 FR 56351 (9/21/ Included in approval
Transmission Equipment County. 04). of I/M program for
Specifications (June 15, 2000). Las Vegas Valley
and Boulder City.
See 40 CFR
52.1490(c)(48)(ii)(
A)(1).
Contract between Nevada Parts of Clark 6/4/02 69 FR 56351 (9/21/ Included in approval
Department of Motor Vehicles and County. 04). of I/M program for
MD LaserTech for on-road testing Las Vegas Valley
services, dated January 15, 2002. and Boulder City.
See 40 CFR
52.1490(c)(49)(ii)(
A)(1).

[[Page 383]]

Carbon Monoxide State Las Vegas Valley, 8/9/00 69 FR 56351 (9/21/ CO nonattainment
Implementation Plan, Las Vegas Clark County. 04). plan. Adopted on 8/
Valley Nonattainment Area, Clark 1/00. Approval
County, Nevada, August 2000. includes the
following sections
within which
certain exceptions
are noted but
excluding all
sections not
specifically cited:
chapters 1 through
8 (with the
exception of
chapter 7,
subsection 7.2.2,
``Contingency
Measures'');
appendix A,
``Emissions
Inventory'',
sections 1 through
7, and section 8-
``Annexes'' (with
the exception of
appendix E,
``Quality Assurance/
Quality Control'');
appendix B,
``Transportation
Documentation'',
section 1; appendix
D, ``Regulations,
Policies and Public
Participation
Documentation'',
section 1-``Cleaner
Burning Gasoline
(CBG) Regulations
and Supporting
Documentation''
(with the exception
of District Board
of Health of Clark
County Air
Pollution Control
Regulations section
54 as adopted on
April 22, 1999),
section 2, section
3, section 4-
``Nevada
Administrative
Code, Chapter 445B:
Technician Training
and Licensing''
(with the exception
of NAC 445B.485-
445B.487, 445B.489-
445B.493, and
445B.495-445B.498),
and sections 5
through 9; and
appendix E,
``Supplemental
Technical Support
Documentation'',
sections 1 through
4, and 7. See 40
CFR
52.1490(c)(47)(i)(A
)(1).
Carbon Monoxide State Las Vegas Valley, 2/14/06 71 FR 44587 (8/7/06) Update to 2000 CO
Implementation Plan Revision, Clark County. nonattainment plan.
Las Vegas Valley Nonattainment Adopted by Clark
Area, Clark County, Nevada, County on 10/4/05.
October 2005. Approval did not
include section 7.3
(page 7-2),
``Mobile Source
Emissions
Budget''). See 40
CFR
52.1490(c)(57)(i)(A
)(1).
Section 7.3 (page 7-2), ``Mobile Las Vegas Valley, 5/12/06 71 FR 44587 (8/7/06) Replacement section
Source Emissions Budget'') of Clark County. for 2005 CO Plan.
the Carbon Monoxide State Adopted by Clark
Implementation Plan Revision, County on 5/2/06.
Las Vegas Valley Nonattainment See 40 CFR
Area, Clark County, Nevada. 52.1490(c)(58)(i)(A
)(1).

[[Page 384]]

Carbon Monoxide Redesignation Las Vegas Valley, 9/18/08 75 FR 59090 (9/27/ See 40 CFR
Request and Maintenance Plan, Clark County. 10). 52.1490(c)(73)(ii)(
Las Vegas Valley Nonattainment B).
Area, Clark County, Nevada
(September 2008), excluding the
appendices.
Resolution of the Clark County Las Vegas Valley, 9/18/08 75 FR 59090 (9/27/ See 40 CFR
Board of Commissioners Adopting Clark County. 10). 52.1490(c)(73)(ii)(
the Clark County Carbon Monoxide A).
Redesignation Request and
Maintenance Plan, adopted by the
Clark County Board of
Commissioners on September 2,
2008.
Letter from Anthony Lesperance, Las Vegas Valley, 8/30/10 75 FR 59090 (9/27/ See 40 CFR
Director, Nevada Department of Clark County. 10). 52.1490(c)(75).
Agriculture, to Lewis Letter sets forth
Wallenmeyer, Director, Clark the Nevada
County Department of Air Quality Department of
and Environmental Management, Agriculture's
dated June 22, 2010. commitment to seek
reinstatement of
the Low RVP
wintertime gasoline
requirement in
Clark County if
necessary under the
Las Vegas Valley
Carbon Monoxide
Maintenance Plan to
address future
carbon monoxide
violations.
Clark County Transportation Portions of Clark 4/1/08 73 FR 66182 (11/7/ 40 CFR
Conformity Plan (January 2008). County. 08). 52.1490(c)(72)(i)(A
).
Correspondence dated March 6, Portions of Clark 5/11/07 73 FR 38124 (7/3/08) The letter describes
2007 from the Nevada Department County and Washoe an upgrade to the
of Motor Vehicles to the Nevada County. NV2000 emission
Division of Environmental analyzer to make
Protection. emissions testing
possible on motor
vehicles containing
a certified on-
board diagnostic
system which uses
controller area
network
communication. See
40 CFR
52.1490(c)(71)(ii)(
A)(1).
Truckee Meadows Air Quality Truckee Meadows, 12/29/78 46 FR 21758 (4/14/ Carbon monoxide,
Implementation Plan, 12/6/78. Washoe County. 81). photochemical
oxidant, and TSP
nonattainment plan.
See 40 CFR
52.1490(c)(14)(iii)
. The plan was
approved with
conditions, but
conditions were
revoked at 47 FR
15790 (4/13/82).
Request for Extension of the CO Truckee Meadows, 8/19/80 46 FR 45605 (9/14/ See 40 CFR
Attainment Date for the Truckee Washoe County. 81). 52.1490(c)(20).
Meadows CO Nonattainment Area.
Resolution of the Washoe Council Truckee Meadows, 11/17/81 47 FR 15790 (4/13/ Commitments satisfy
of Governments adopted 8/28/81 Washoe County. 82). a condition placed
and Endorsement of the State on approval of the
Environmental Commission dated 1978 Truckee
10/15/81. Meadows Air Quality
Implementation
Plan. See 40 CFR
52.1490(c)(24)(ii).

[[Page 385]]

Truckee Meadows Air Quality Truckee Meadows, 9/14/83 49 FR 31683 (8/8/84) CO nonattainment
Implementation Plan (AQIP), 1982 Washoe County. plan. Attainment
Update (Revised). and RFP
demonstrations and
the Legally
Enforceable
Measures portions
of the plan were
not included in the
approval. See 40
CFR
52.1490(c)(26)(ii).
Maintenance Plan for the Washoe Washoe County....... 5/30/07 73 FR 3389 (1/18/08) CAA section
County 8-Hour Ozone Attainment 110(a)(1)
Area (April 2007), excluding maintenance plan.
appendices. See 40 CFR
52.1490(c)(65)(i)(A
)(1).
Redesignation Request and Truckee Meadows, 11/4/05 73 FR 38124 (7/3/08) See 40 CFR
Maintenance Plan for the Truckee Washoe County. 52.1490(c)(69)(i)(A
Meadows Carbon Monoxide Non- )(2).
Attainment Area (September
2005), excluding appendices B,
C, and D.
Basic I/M Performance Standard... Portions of Washoe 11/2/06 73 FR 38124 (7/3/08) See 40 CFR
County. 52.1490(c)(70)(i)(A
)(1) and
(c)(70)(ii)(A)(1).
Washoe County District Board of Portions of Washoe 11/2/06 73 FR 38124 (7/3/08) See 40 CFR
Health Meeting, September 28, County. 52.1490(c)(70)(i)(A
2006, Public Hearing-State )(1)(i). ``Basic
Implementation Plan (SIP). Program-Inspection
and Maintenance (I/
M) of Motor
Vehicles--Truckee
Meadows Planning
Area, Nevada;'' to
Wit: Basic
Inspection and
Maintenance (I/M)
Performance
Standard.
State Implementation Plan for a Portions of Washoe 6/3/94 73 FR 38124 (7/3/08) See 40 CFR
Basic Program for the Inspection County. 52.1490(c)(68).
and Maintenance of Motor
Vehicles for the Truckee Meadows
Planning Area, Nevada (June
1994), including the cover page
through page 9, appendix 1,
appendix 2 (only the certificate
of compliance and Nevada
attorney general's opinion), and
appendices 3, 6, 8, and 10.
Lake Tahoe Basin Nonattainment Nevada portion of 7/24/79 47 FR 27065 (6/23/ Carbon monoxide
Area Plan. Lake Tahoe Basin-- 82). nonattainment plan.
portions of Carson Also, includes
City, Douglas and elements related to
Washoe counties. photochemical
oxidant. See 40 CFR
52.1490(c)(16)(vii)
. The plan was
approved with
conditions, but
conditions were
revoked at 49 FR
6897 (2/24/84).

[[Page 386]]

Amendments to the Lake Tahoe Nevada portion of 12/9/82 49 FR 6897 (2/24/84) Submitted in
Basin Nonattainment Area Plan. Lake Tahoe Basin-- response to
portions of Carson conditions placed
City, Douglas and on approval of 1979
Washoe counties. Lake Tahoe Plan.
Amendments include:
(i) Emission
reduction estimates
and/or changes in
vehicular activity
for the adopted
control measures;
(ii) A modeling
analysis indicating
1982 attainment;
(iii) Documentation
of the modeling
analysis including
air quality,
traffic and
meteorological
data; (iv) Evidence
of implementation
and/or future
commitments for the
adopted control
measures; and (v)
Appendix of
previous reports,
measured data and
other official
correspondence
including: (A)
Resource
commitments from
the responsible
agencies for
implementing the
RFP, (B) 1979 and
1980 Annual Reports
for the Lake Tahoe
Air Basin, and (C)
1981 Nevada Air
Quality Report. See
40 CFR
52.1490(c)(27).
Amendments to the Lake Tahoe Nevada portion of 12/16/82 49 FR 6897 (2/24/84) Submitted in
Basin Nonattainment Area Plan. Lake Tahoe Basin-- response to
portions of Carson conditions placed
City, Douglas and on approval of 1979
Washoe counties. Lake Tahoe Plan.
Amendments include:
(i) Additional
evidence of
commitment to the
control evidence by
the responsible
state and/or local
agencies; and (ii)
Additional
supporting
documentation for
the 1982 attainment
modeling analysis
which included
revised technical
data on measured
and modeled CO
traffic volumes,
and a revised
narrative on the
calibration
constant and the
impacts to the
model. See 40 CFR
52.1490(c)(28).

[[Page 387]]

Amendments to the Lake Tahoe Nevada portion of 1/28/83 49 FR 6897 (2/24/84) Submitted in
Basin Nonattainment Area Plan. Lake Tahoe Basin-- response to
portions of Carson conditions placed
City, Douglas and on approval of 1979
Washoe counties. Lake Tahoe Plan.
Amendments include:
(i) Response to
EPA's preliminary
evaluation,
specifying
documentation for
calibrating the
model, the mobile
source emission
factors, and
additional traffic
data; (ii)
Conversion factors
for the model; and
(iii) A revised
1982 attainment
modeling analysis
and supporting
documentation
including: (A)
1979, 1980-82
traffic data for
the Stateline Area,
(Appendix A); (B)
Stateline Cold
Start/Hot Start
Analysis, (Appendix
B); (C) Portions of
the Highway 50
Corridor Study,
June 1979 (Appendix
C); (D) Reference
from Transportation
and Traffic
Engineering
Handbook, (1979),
(Appendix D); and
(E) Revised Caline
3 and Mobile 2
modeling analysis
using both 27% and
50% cold start
factors, (Appendix
E). See 40 CFR
52.1490(c)(29).
Amendments to the Lake Tahoe Nevada portion of 5/5/83 49 FR 6897 (2/24/84) Submitted in
Basin Nonattainment Area Plan. Lake Tahoe Basin-- response to
portions of Carson conditions placed
City, Douglas and on approval of 1979
Washoe counties. Lake Tahoe Plan.
Amendments include:
(i) ``Stateline,
Nevada, 1983 Carbon
Monoxide Study``--a
traffic, ambient
air monitoring and
predictive modeling
report; and (ii) A
revised analysis of
the Caline 3 model
verifying 1982
attainment, based
on data collected
in February and
March 1983. See 40
CFR 52.1490(c)(30).

[[Page 388]]

Carbon Monoxide Redesignation Nevada portion of 10/27/03 68 FR 69611 (12/15/ Adopted on 9/18/03.
Request and Limited Maintenance Lake Tahoe Basin-- 03). See 40 CFR
Plan for the Nevada Side of the portions of Carson 52.1490(c)(45)(i)(A
Lake Tahoe Basin, October 2003. City, Douglas and )(1). Approval
Washoe counties. includes: (1)
Attainment year
(2001) emissions
inventory,
monitoring network
and verification of
continued
attainment, and
contingency plan,
including
commitments to
follow maintenance
plan contingency
procedures by the
Nevada Division of
Environmental
Protection, the
Tahoe Metropolitan
Planning
Organization, the
Nevada Department
of Transportation,
and the Washoe
County District
Health Department.
Transmittal Letter for the Carbon Nevada portion of 10/27/03 68 FR 69611 (12/15/ See 40 CFR
Monoxide Redesignation Request Lake Tahoe Basin-- 03). 52.1490(c)(45)(i)(B
and Limited Maintenance Plan for portions of Carson ). Includes a State
the Nevada Side of the Lake City, Douglas and commitment to track
Tahoe Basin, October 2003. Washoe counties. CO concentrations
and to adopt,
submit as a SIP
revision, and
implement
expeditiously any
and all measures to
achieve the level
of CO emissions
reductions needed
to maintain the CO
NAAQS in the event
that an exceedance
of the CO NAAQS is
monitored, and to
work with the
involved
jurisdictions to
ensure that
sufficient measures
are adopted and
implemented in a
timely fashion to
prevent a
violation.
Addendum to the October 27, 2003 Nevada portion of 10/27/03 68 FR 69611 (12/15/ See 40 CFR
letter of transmittal of the Lake Tahoe Basin-- 03). 52.1490(c)(45)(i)(C
redesignation request and portions of Carson ). Includes
maintenance plan. City, Douglas and emissions
Washoe counties. projections for on-
road motor vehicles
through 2016.
Section 6--Emergency episode plan State-wide.......... 1/28/72 37 FR 10842 (5/31/ See 40 CFR
(excluding subsections 6.1.4, 72). 52.1490(b).
6.5.2.2; tables 6.1, 6.2 and Subsections 6.1.4,
6.3; Air Pollution Episode 6.5.2.2; tables
Notice and; Episode 6.1, 6.2 and 6.3;
Communication Checklist). Air Pollution
Episode Notice and;
Episode
Communication
Checklist from the
original SIP were
superseded by
amended provisions
approved at 45 FR
46384 (7/10/80).

[[Page 389]]

Subsections 6.1.4 (Emergency State-wide.......... 12/29/78 45 FR 46384 (7/10/ Amends provisions
Episode Criteria) and 6.5.2.2 80). from original SIP.
(Episode Actions); table 6.1 See 40 CFR
(Episode stage definitions), 52.1490(c)(14)(i).
table 6.2 (Stage 1 episode,
Stage 2 episode, and Stage 3
episode), and table 6.3 (Source
list); Air Pollution Episode
Notice and; Episode
Communication Checklist.
Section 7--Compliance schedule... State-wide.......... 1/28/72 37 FR 10842 (5/31/ See 40 CFR
72). 52.1490(b).
Section 8--Source surveillance... State-wide.......... 1/28/72 37 FR 10842 (5/31/ See 40 CFR
72). 52.1490(b).
Section 9--Review of new sources State-wide.......... 1/28/72 37 FR 10842 (5/31/ See 40 CFR
and modifications. 72). 52.1490(b).
Section 10--State of Nevada State-wide.......... 6/24/80 46 FR 40512 (8/10/ See 40 CFR
Ambient Air Quality Monitoring 81). 52.1490(c)(19)(i).
and Surveillance.
Section 11--Intergovernmental State-wide.......... 8/30/12 77 FR 64737 (10/23/ Submitted as
Consultation. 12). attachment D to
NDEP's August 30,
2012 SIP revision
submittal.
Attachment D--Inter-Local Washoe County....... 12/4/09 77 FR 64737 (10/23/ Submitted as
Agreement Supporting CAA 12). attachment D to
110(a)(2)(A)-(M) Requirements. NDEP's December 4,
2009 SIP revision
submittal.
Section 12--Resources............ State-wide.......... 8/30/12 77 FR 64737 (10/23/ Submitted as
12). attachment A to
NDEP's August 30,
2012 SIP revision
submittal.
Nevada's Clean Air Act Sec. State-wide, within 10/12/11 79 FR 15697(3/21/14) ``Infrastructure''
110(a)(1) and (2) State NDEP jurisdiction SIP for NDEP and
Implementation Plan for the 2008 and Washoe County. Washoe County for
Lead NAAQS, excluding appendices the 2008 Pb
A-G for NDEP; and excluding the standard.
Washoe County District Board of
Health Agenda, Minutes,
Certificate of Adoption, Cover
Letter to NDEP, and Proof of
Publication.
Clark County Portion of Nevada's Clark County........ 7/23/12 79 FR 15697 (3/21/ ``Infrastructure''
Clean Air Act Sec. 110(a)(1) 14). SIP for Clark
and (2) State Implementation County for the 2008
Plan for the 2008 Lead NAAQS, Pb standard.
excluding Cover Letter to NDEP
and Clark County Air Quality
Regulations.
State Implementation Plan State-wide.......... 11/17/81 48 FR 6105 (2/10/83) Lead (Pb) SIP. See
Revision for Lead. 40 CFR
52.1490(c)(24)(v).
State Implementation Plan Las Vegas Valley, 6/24/80 47 FR 28374 (6/30/ Lead (Pb) SIP. See
Revision for Ambient Lead in Las Clark County. 82). 40 CFR
Vegas Valley, Clark County, 52.1490(c)(19)(iii)
Nevada, 2/11/80. .
Adopted Lead Implementation Plan Truckee Meadows, 5/30/84 49 FR 26736 (6/29/ Lead (Pb) SIP. See
for the Truckee Meadows Basin, 4/ Washoe County. 84). 40 CFR
26/84. 52.1490(c)(31)(i).

[[Page 390]]

Enclosure 1--CAA 110(a)(2)(A)-(M) State-wide, within 2/1/08 77 FR 64737 (10/23/ ``Infrastructure''
Requirements in the Current NDEP jurisdiction. 12). SIP for the 1997 8-
Nevada State Implementation Plan Hour ozone
(SIP) for 8-Hour Ozone. standard.
Enclosures (2) and
(3) include copies
of the regulatory
and statutory
provisions
previously approved
in the Nevada SIP.
Enclosure 1--CAA 110(a)(2)(A)-(M) State-wide, within 2/26/08 77 FR 64737 (10/23/ ``Infrastructure''
Requirements in the Current NDEP jurisdiction. 12). SIP for the 1997
Nevada State Implementation Plan PM2.5 standard.
(SIP) for PM2.5. Enclosures (2) and
(3) include copies
of the regulatory
and statutory
provisions
previously approved
in the Nevada SIP.
Enclosure 1-CAA 110(a)(2)(A)-(M) State-wide, within 9/15/09 77 FR 64737 (10/23/ ``Infrastructure''
Requirements in the Current NDEP jurisdiction. 12). SIP for the 2006
Nevada State Implementation Plan PM2.5 standard.
(SIP) for PM2.5. Enclosures (2) and
(3) include copies
of the regulatory
and statutory
provisions
previously approved
in the Nevada SIP.
Attachment A--Current CAA Washoe County....... 12/04/09 77 FR 64737 (10/23/ Attachment B
110(a)(2)(A)-(M) Requirements in 12). includes Washoe
the Washoe County Portion of the County regulations,
Nevada PM2.5 SIP. that are addressed
in separate
rulemakings.
Attachment C is the
PSD delegation
agreement between
Washoe County
District Health
Department and EPA
Region IX.
Attachment D
(``Inter-Local
Agreement
Supporting CAA
110(a)(2)(A)-(M)
Requirements'') is
approved into the
SIP and listed
separately in this
table.
Revisions to Nevada's Clean Air State-wide.......... 8/30/12 77 FR 64737 (10/23/ Attachment A
Act Section 110(a)(2) Plan 12). (``Section 12-
Submittals as of July 2012 Resources''), the
(August 2012), excluding individual
attachments A through D. statutory
provisions in
attachment B
(``Statutes for
Inclusion in
Nevada's ASIP''),
and attachment D
(``Section 11--
Intergovernmental
Consultation'') are
listed separately
in this table.
Attachment C was
submitted for
information only
and not for
incorporation into
Nevada's SIP.
Small Business Stationary Source State-wide.......... 6/28/94 61 FR 4901 (2/9/96). See 40 CFR
Technical and Environmental 52.1490(c)(34)(i)(A
Compliance Assistance Program. ).
Small Business Stationary Source State-wide.......... 7/5/95 61 FR 4901 (2/9/96). See 40 CFR
Technical and Environmental 52.1490(c)(35)(i)(A
Compliance Assistance Program. ).
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 0, Preliminary Chapter--General Provisions
----------------------------------------------------------------------------------------------------------------
0.039............................ ``Person'' defined.. 3/24/06 71 FR 51766 (08/31/ See 40 CFR
06). 52.1490(c)(59)(i)(A
)(1).
----------------------------------------------------------------------------------------------------------------

[[Page 391]]

Nevada Revised Statutes, Title 18, State Executive Department, Boards, Chapter 232A, Commissions and Similar
Bodies
----------------------------------------------------------------------------------------------------------------
232A.020......................... Residency 8/30/12 77 FR 64737, 10/23/ Submitted in
requirement for 12. attachment B to
appointment; terms NDEP's August 30,
of members; 2012 SIP revision
vacancies; submittal. (Nevada
qualification of Revised Statutes,
member appointed as Volume 14, 2011, as
representative of published by the
general public; Legislative
gubernatorial Counsel, State of
appointee Nevada, section
prohibited from 232A.020).
serving on more
than one board,
commission or
similar body.
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 23, Public Officers and Employees, Chapter 281A, Ethics in Government
----------------------------------------------------------------------------------------------------------------
281A.150......................... ``Public employee'' 8/30/12 77 FR 64737, 10/23/ Submitted in
defined. 12. attachment B to
NDEP's August 30,
2012 SIP revision
submittal. (Nevada
Revised Statutes,
Volume 18, 2011, as
published by the
Legislative
Counsel, State of
Nevada, section
281A.150).
----------------------------------------------------------------------------------------------------------------
281A.160......................... ``Public officer'' 8/30/12 77 FR 64737, 10/23/ Submitted in
defined. 12. attachment B to
NDEP's August 30,
2012 SIP revision
submittal. (Nevada
Revised Statutes,
Volume 18, 2011, as
published by the
Legislative
Counsel, State of
Nevada, section
481A.160).
281A.400......................... General 8/30/12 77 FR 64737, 10/23/ Submitted in
requirements; 12. attachment B to
exceptions. NDEP's August 30,
2012 SIP revision
submittal. (Nevada
Revised Statutes,
Volume 18, 2011, as
published by the
Legislative
Counsel, State of
Nevada, section
281A.400).
281A.410......................... Limitations on 8/30/12 77 FR 64737, 10/23/ Submitted in
representing or 12. attachment B to
counseling private NDEP's August 30,
persons before 2012 SIP revision
public agencies; submittal. (Nevada
disclosure required Revised Statutes,
by certain public Volume 18, 2011, as
officers. published by the
Legislative
Counsel, State of
Nevada, section
281A.410).
281A.420......................... Requirements 8/30/12 77 FR 64737, 10/23/ Submitted in
regarding 12. attachment B to
disclosure of NDEP's August 30,
conflicts of 2012 SIP revision
interest and submittal. (Nevada
abstention from Revised Statutes,
voting because of Volume 18, 2011, as
certain types of published by the
conflicts; effect Legislative
of abstention on Counsel, State of
quorum and voting Nevada, section
requirements; 281A.420).
exceptions.
----------------------------------------------------------------------------------------------------------------

[[Page 392]]

Nevada Revised Statutes, Title 32, Revenue and Taxation, Chapter 365, Taxes on Certain Fuels for Motor Vehicles
and Aircraft
----------------------------------------------------------------------------------------------------------------
365.060.......................... ``Motor vehicle 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
fuel'' defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(A
)(1).
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 32, Revenue and Taxation, Chapter 366, Tax on Special Fuel
----------------------------------------------------------------------------------------------------------------
366.060.......................... ``Special fuel'' 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(A
)(1).
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 40, Public Health and Safety, Chapter 439, Administration of Public Health
----------------------------------------------------------------------------------------------------------------
439.390.......................... District board of 8/30/12 77 FR 64737, 10/23/ Submitted in
health: 12. attachment B, and
Composition; as an exhibit to
qualifications of attachment D, to
members. NDEP's August 30,
2012 SIP revision
submittal. (Nevada
Revised Statutes,
Volume 27, 2011, as
published by the
Legislative
Counsel, State of
Nevada, section
439.390).
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 40, Public Health and Safety, Air Pollution: General Provisions
----------------------------------------------------------------------------------------------------------------
445B.105......................... Definitions......... 1/12/06 71 FR 51766 (8/31/ Nevada Revised
06). Statutes (2003).
See 40 CFR
52.1490(c)(56)(i)(A
)(4).
445B.110......................... ``Air contaminant'' 1/12/06 71 FR 51766 (8/31/ Nevada Revised
defined. 06). Statutes (2003).
See 40 CFR
52.1490(c)(56)(i)(A
)(4).
445B.115......................... ``Air pollution'' 1/12/06 71 FR 51766 (8/31/ Nevada Revised
defined. 06). Statutes (2003).
See 40 CFR
52.1490(c)(56)(i)(A
)(4).
445B.120......................... ``Commission'' 1/12/06 71 FR 51766 (8/31/ Nevada Revised
defined. 06). Statutes (2003).
See 40 CFR
52.1490(c)(56)(i)(A
)(4).
445B.125......................... ``Department'' 1/12/06 71 FR 51766 (8/31/ Nevada Revised
defined. 06). Statutes (2003).
See 40 CFR
52.1490(c)(56)(i)(A
)(4).
445B.130......................... ``Director'' defined 1/12/06 71 FR 51766 (8/31/ Nevada Revised
06). Statutes (2003).
See 40 CFR
52.1490(c)(56)(i)(A
)(4).
445B.135......................... ``Federal Act'' 1/12/06 71 FR 51766 (8/31/ Nevada Revised
defined. 06). Statutes (2003).
See 40 CFR
52.1490(c)(56)(i)(A
)(4).
445B.140......................... ``Hazardous air 1/12/06 71 FR 51766 (8/31/ Nevada Revised
pollutant'' defined. 06). Statutes (2003).
See 40 CFR
52.1490(c)(56)(i)(A
)(4).
445B.145......................... ``Operating permit'' 1/12/06 71 FR 51766 (8/31/ Nevada Revised
defined. 06). Statutes (2003).
See 40 CFR
52.1490(c)(56)(i)(A
)(4).
445B.150......................... ``Person'' defined.. 1/12/06 71 FR 51766 (8/31/ Nevada Revised
06). Statutes (2003).
See 40 CFR
52.1490(c)(56)(i)(A
)(4).
445B.155......................... ``Source'' and 1/12/06 71 FR 51766 (8/31/ Nevada Revised
``indirect source'' 06). Statutes (2003).
defined. See 40 CFR
52.1490(c)(56)(i)(A
)(4).
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 40, Public Health and Safety, Air Pollution: State Environmental Commission
----------------------------------------------------------------------------------------------------------------
445B.200......................... Creation and 1/12/06 72 FR 11 (01/03/07). Nevada Revised
composition; Statutes (2003).
chairman; quorum; See 40 CFR
compensation of 52.1490(c)(56)(i)(A
members and )(8).
employees;
disqualification;
technical support.

[[Page 393]]

445B.205......................... Department 1/12/06 72 FR 11 (01/03/07). Nevada Revised
designated as State Statutes (2003).
Air Pollution See 40 CFR
Control Agency. 52.1490(c)(56)(i)(A
)(8).
445B.210......................... Powers of commission 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(A
)(1).
445B.220......................... Additional powers of 1/12/06 71 FR 51766 (8/31/ Nevada Revised
commission. 06). Statutes (2003).
See 40 CFR
52.1490(c)(56)(i)(A
)(4).
445B.225......................... Power of commission 1/12/06 71 FR 51766 (8/31/ Nevada Revised
to require testing 06). Statutes (2003).
of sources. See 40 CFR
52.1490(c)(56)(i)(A
)(4).
445B.230......................... Powers and duties of 1/12/06 72 FR 11 (01/03/07). Nevada Revised
department. Statutes (2003).
See 40 CFR
52.1490(c)(56)(i)(A
)(8).
445B.235......................... Additional powers of 1/12/06 71 FR 51766 (8/31/ Nevada Revised
department. 06). Statutes (2003).
See 40 CFR
52.1490(c)(56)(i)(A
)(4).
445B.240......................... Power of 1/12/06 72 FR 11 (01/03/07). Nevada Revised
representatives of Statutes (2003).
department to enter See 40 CFR
and inspect 52.1490(c)(56)(i)(A
premises. )(8).
445B.245......................... Power of department 1/12/06 71 FR 51766 (8/31/ Nevada Revised
to perform or 06). Statutes (2003).
require test of See 40 CFR
emissions from 52.1490(c)(56)(i)(A
stacks. )(4).
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 40, Public Health and Safety, Air Pollution: Local Hearing Board
----------------------------------------------------------------------------------------------------------------
445B.275......................... Creation; members; 1/12/06 71 FR 51766 (8/31/ Nevada Revised
terms. 06). Statutes (2003).
See 40 CFR
52.1490(c)(56)(i)(A
)(4).
445B.280......................... Attendance of 1/12/06 71 FR 51766 (8/31/ Nevada Revised
witnesses at 06). Statutes (2003).
hearing; contempt; See 40 CFR
compensation. 52.1490(c)(56)(i)(A
)(4).
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 40, Public Health and Safety, Chapter 445B, Air Pollution: Provisions for
Enforcement
----------------------------------------------------------------------------------------------------------------
445B.300......................... Operating permit for 1/12/06 71 FR 51766 (8/31/ Nevada Revised
source of air 06). Statutes (2003).
contaminant; notice See 40 CFR
and approval of 52.1490(c)(56)(i)(A
proposed )(4).
construction;
administrative
fees; failure of
commission or
department to act.
445B.310......................... Limitations on 6/26/07 74 FR 15219 (4/3/09) Nevada Revised
enforcement of Statutes (2003).
federal and state See 40 CFR
regulations 52.1470(c)(66)(i)(A
concerning indirect )(4).
sources.
445B.320......................... Approval of plans 1/12/06 71 FR 51766 (8/31/ Nevada Revised
and specifications 06). Statutes (2003).
required before See 40 CFR
construction or 52.1490(c)(56)(i)(A
alteration of )(4).
structure.
445B.340......................... Appeals to 1/12/06 72 FR 11 (01/03/07). Nevada Revised
commission: notice Statutes (2003).
of appeal. See 40 CFR
52.1490(c)(56)(i)(A
)(8).
445B.350......................... Appeals to 1/12/06 72 FR 11 (01/03/07). Nevada Revised
commission: Statutes (2003).
hearings. See 40 CFR
52.1490(c)(56)(i)(A
)(8).
445B.360......................... Appeals to 1/12/06 72 FR 11 (01/03/07). Nevada Revised
commission: Statutes (2003).
appealable matters; See 40 CFR
action by 52.1490(c)(56)(i)(A
commission; )(8).
regulations.
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 40, Public Health and Safety, Air Pollution: Violations
----------------------------------------------------------------------------------------------------------------
445B.450......................... Notice and order by 1/12/06 72 FR 11 (01/03/07). Nevada Revised
director; hearing; Statutes (2003).
alternative See 40 CFR
procedures. 52.1490(c)(56)(i)(A
)(8).

[[Page 394]]

445B.460......................... Injunctive relief... 1/12/06 72 FR 11 (01/03/07). Nevada Revised
Statutes (2003).
See 40 CFR
52.1490(c)(56)(i)(A
)(8).
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 40, Public Health and Safety, Air Pollution: Program for Control of Air Pollution
----------------------------------------------------------------------------------------------------------------
445B.500......................... Establishment and 8/30/12 77 FR 64737, 10/23/ Submitted in
administration of 12. attachment B to
program; contents NDEP's August 30,
of program; 2012 SIP revision
designation of air submittal. (Nevada
pollution control Revised Statutes,
agency of county Volume 28, 2011, as
for purposes of published by the
federal act; powers Legislative
and duties of local Counsel, State of
air pollution Nevada, section
control board; 445B.500).
notice of public
hearings;
delegation of
authority to
determine
violations and levy
administrative
penalties; cities
and smaller
counties;
regulation of
certain electric
plants prohibited.
445B.503......................... Local air pollution 8/30/12 77 FR 64737, 10/23/ Submitted in
control board in 12. attachment B, and
county whose as an exhibit to
population is attachment D, to
700,000 or more: NDEP's August 30,
Cooperation with 2012 SIP revision
regional planning submittal. (Nevada
coalition and Revised Statutes,
regional Volume 28, 2011, as
transportation published by the
commission; Legislative
prerequisites to Counsel, State of
adoption or Nevada, section
amendment of plan, 445B.503).
policy or program.
445B.510......................... Commission may 1/12/06 71 FR 51766 (8/31/ Nevada Revised
require program for 06). Statutes (2003).
designated area. See 40 CFR
52.1490(c)(56)(i)(A
)(4).
445B.520......................... Commission may 1/12/06 71 FR 51766 (8/31/ Nevada Revised
establish or 06). Statutes (2003).
supersede county See 40 CFR
program. 52.1490(c)(56)(i)(A
)(4).
445B.530......................... Commission may 1/12/06 71 FR 51766 (8/31/ Nevada Revised
assume jurisdiction 06). Statutes (2003).
over specific See 40 CFR
classes of air 52.1490(c)(56)(i)(A
contaminants. )(4).
445B.540......................... Restoration of 1/12/06 71 FR 51766 (8/31/ Nevada Revised
superseded local 06). Statutes (2003).
program; See 40 CFR
continuation of 52.1490(c)(56)(i)(A
existing local )(4).
program.
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 40, Public Health and Safety, Air Pollution: Miscellaneous Provisions
----------------------------------------------------------------------------------------------------------------
445B.560......................... Plan or procedure 1/12/06 71 FR 51766 (8/31/ Nevada Revised
for emergency. 06). Statutes (2003).
See 40 CFR
52.1490(c)(56)(i)(A
)(4).
445B.570......................... Confidentiality and 1/12/06 72 FR 11 (01/03/07). Nevada Revised
use of information Statutes (2003).
obtained by See 40 CFR
Department; penalty. 52.1490(c)(56)(i)(A
)(8).
445B.580......................... Officer of 1/12/06 72 FR 11 (01/03/07). Nevada Revised
Department may Statutes (2003).
inspect or search See 40 CFR
premises; search 52.1490(c)(56)(i)(A
warrant. )(8).

[[Page 395]]

445B.595......................... Governmental sources 1/12/06 71 FR 51766 (8/31/ Nevada Revised
of air contaminants 06). Statutes (2003).
to comply with See 40 CFR
state and local 52.1490(c)(56)(i)(A
provisions )(4).
regarding air
pollution; permit
to set fire for
training purposes;
planning and zoning
agencies to
consider effects on
quality of air.
445B.600......................... Private rights and 1/12/06 72 FR 11 (01/03/07). Nevada Revised
remedies not Statutes (2003).
affected. See 40 CFR
52.1490(c)(56)(i)(A
)(8).
445B.610......................... Provisions for 1/12/06 72 FR 11 (01/03/07). Nevada Revised
transition in Statutes (2003).
administration. See 40 CFR
52.1490(c)(56)(i)(A
)(8).
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 40, Public Health and Safety, Air Pollution: Penalties
----------------------------------------------------------------------------------------------------------------
445B.640......................... Levy and disposition 1/12/06 72 FR 11 (01/03/07). Nevada Revised
of administrative Statutes (2003).
fines; additional See 40 CFR
remedies available; 52.1490(c)(56)(i)(A
penalty. )(8).
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 40, Public Health and Safety, Chapter 445B, Air Pollution: Control of Emissions
from Engines
----------------------------------------------------------------------------------------------------------------
445B.700......................... Definitions......... 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(A
)(1).
445B.705......................... ``Approved 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
inspector'' defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(A
)(1).
445B.710......................... ``Authorized 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
inspection Statutes (2005).
station'' defined. See 40 CFR
52.1490(c)(71)(i)(A
)(1).
445B.715......................... ``Authorized 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
maintenance Statutes (2005).
station'' defined. See 40 CFR
52.1490(c)(71)(i)(A
)(1).
445B.720......................... ``Authorized 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
station'' defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(A
)(1).
445B.725......................... ``Commission'' 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(A
)(1).
445B.730......................... ``Evidence of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
compliance'' Statutes (2005).
defined. See 40 CFR
52.1490(c)(71)(i)(A
)(1).
445B.735......................... ``Fleet station'' 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(A
)(1).
445B.737......................... ``Heavy-duty motor 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
vehicle'' defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(A
)(1).
445B.740......................... ``Light-duty motor 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
vehicle'' defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(A
)(1).
445B.745......................... ``Motor vehicle'' 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(A
)(1).
445B.747......................... ``Motor vehicle 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
fuel'' defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(A
)(1).
445B.750......................... ``Passenger car'' 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(A
)(1).
445B.755......................... ``Pollution control 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
device'' defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(A
)(1).

[[Page 396]]

445B.757......................... ``Special fuel'' 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(A
)(1).
445B.758......................... ``Used motor 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
vehicle'' defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(A
)(1).
445B.759......................... Inapplicability to 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
military tactical Statutes (2005).
vehicles. See 40 CFR
52.1490(c)(71)(i)(A
)(1).
445B.760......................... Authority of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Commission to Statutes (2005).
prescribe standards See 40 CFR
for emissions from 52.1490(c)(71)(i)(A
mobile internal )(1).
combustion engines;
trimobiles;
standards
pertaining to motor
vehicles to be
approved by
Department of Motor
Vehicles.
445B.765......................... Information 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
concerning program Statutes (2005).
for control of See 40 CFR
emissions from 52.1490(c)(71)(i)(A
motor vehicles: )(1).
Collection,
interpretation and
correlation; public
inspection.
445B.770......................... Regulations of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Commission: Control Statutes (2005).
of emissions from See 40 CFR
motor vehicles; 52.1490(c)(71)(i)(A
program for )(1).
inspection and
testing of motor
vehicles.
445B.775......................... Regulations of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Commission: Statutes (2005).
Requirements for See 40 CFR
licensing of 52.1490(c)(71)(i)(A
stations by )(1).
Department of Motor
Vehicles.
445B.780......................... Program for 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
regulation of Statutes (2005).
emissions from See 40 CFR
heavy-duty motor 52.1490(c)(71)(i)(A
vehicles; equipment )(1).
used to measure
emissions; waiver
from requirements
of program.
445B.785......................... Regulations of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Department of Motor Statutes (2005).
Vehicles: Licensing See 40 CFR
of stations; 52.1490(c)(71)(i)(A
performance of )(1).
inspection and
issuance of
evidence of
compliance;
diagnostic
equipment; fee,
bond or insurance;
informational
pamphlet;
distribution.
445B.790......................... Regulations 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
concerning Statutes (2005).
inspection of See 40 CFR
stations; grounds 52.1490(c)(71)(i)(A
for denial, )(1).
suspension or
revocation of
license of
inspector or
station.
445B.795......................... Compulsory program 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
for control of Statutes (2005).
emissions: See 40 CFR
Limitations. 52.1490(c)(71)(i)(A
)(1).

[[Page 397]]

445B.798......................... Authority of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Department of Motor Statutes (2005).
Vehicles, in larger See 40 CFR
counties, to 52.1490(c)(71)(i)(A
conduct test of )(1).
emissions from
motor vehicle being
operated on highway.
445B.800......................... Evidence of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
compliance: Statutes (2005).
Requirements for See 40 CFR
registration, sale 52.1490(c)(71)(i)(A
or long-term lease )(1).
of used vehicles in
certain counties.
445B.805......................... Evidence of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
compliance: Statutes (2005).
Exemptions from See 40 CFR
requirements. 52.1490(c)(71)(i)(A
)(1).
445B.810......................... State Department of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Conservation and Statutes (2005).
Natural Resources See 40 CFR
to provide 52.1490(c)(71)(i)(A
assistance. )(1).
445B.815......................... Evidence of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
compliance: Duty of Statutes (2005).
employees and See 40 CFR
agents of 52.1490(c)(71)(i)(A
Department of Motor )(1).
Vehicles;
submission by owner
or lessee of fleet.
445B.820......................... Installation and 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
inspection of Statutes (2005).
pollution control See 40 CFR
device. 52.1490(c)(71)(i)(A
)(1).
445B.825......................... Exemption of certain 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
classes of motor Statutes (2005).
vehicles; waiver See 40 CFR
from provisions of 52.1490(c)(71)(i)(A
NRS 445B.770 to )(1).
445B.815, inclusive.
445B.830......................... Fees to be paid to 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Department of Motor Statutes (2005).
Vehicles; Pollution See 40 CFR
Control Account; 52.1490(c)(71)(i)(A
expenditure of )(1).
money in Account;
quarterly
distributions to
local governments;
annual reports by
local governments;
grants; creation
and duties of
advisory committee;
submission and
approval of
proposed grants.
445B.832......................... Surcharge for 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
electronic Statutes (2005).
transmission of See 40 CFR
information: 52.1490(c)(71)(i)(A
Authority to )(1).
impose; inclusion
as separate entry
on form certifying
emission control
compliance;
definition.
445B.834......................... Additional fee for 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
form certifying Statutes (2005).
emission control See 40 CFR
compliance: 52.1490(c)(71)(i)(A
Retention of )(1).
portion of fee by
station performing
inspection;
definition.
445B.835......................... Administrative fine; 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
hearing; additional Statutes (2005).
remedies to compel See 40 CFR
compliance. 52.1490(c)(71)(i)(A
)(1).
445B.840......................... Unlawful acts....... 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(A
)(1).

[[Page 398]]

445B.845......................... Criminal penalty; 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
enforcement of Statutes (2005).
provisions by peace See 40 CFR
officer; mitigation 52.1490(c)(71)(i)(A
of offense. )(1).
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 43, Public Safety; Vehicles; Watercraft; Chapter 481, Administration of Laws
Relating to Motor Vehicles: Department of Motor Vehicles
----------------------------------------------------------------------------------------------------------------
481.019.......................... Creation; powers and 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
duties. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(A
)(1).
481.023.......................... Administration of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
laws by Department; Statutes (2005).
exceptions. See 40 CFR
52.1490(c)(71)(i)(A
)(1).
481.027.......................... General functions of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Department of Motor Statutes (2005).
Vehicles and See 40 CFR
Department of 52.1490(c)(71)(i)(A
Transportation )(1).
respecting state
highways.
481.031.......................... Office of Director 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
of Department Statutes (2005).
created. See 40 CFR
52.1490(c)(71)(i)(A
)(1).
481.035.......................... Director of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Department: Statutes (2005).
Appointment; See 40 CFR
classification; 52.1490(c)(71)(i)(A
other employment )(1).
prohibited;
employment of
deputies and staff.
481.047.......................... Appointment of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
personnel. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(A
)(1).
481.0473......................... Divisions of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Department. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(A
)(1).
481.0475......................... Duties of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Administrative Statutes (2005).
Services Division. See 40 CFR
52.1490(c)(71)(i)(A
)(1).
481.048.......................... Division of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Compliance Statutes (2005).
Enforcement: See 40 CFR
Appointment and 52.1490(c)(71)(i)(A
duties of )(1).
investigators.
481.0481......................... Section for Control 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
of Emissions From Statutes (2005).
Vehicles and See 40 CFR
Enforcement of 52.1490(c)(71)(i)(A
Matters Related to )(1).
Use of Special
Fuel: Creation;
appointment and
duties of
investigators,
officers and
technicians.
481.051.......................... Powers and duties of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Director: Generally. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(A
)(1).
481.0515......................... Powers and duties of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Director: Statutes (2005).
References to names See 40 CFR
of persons in 52.1490(c)(71)(i)(A
documents and )(1).
records.
481.052.......................... Powers and duties of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Director: Adoption Statutes (2005).
of definition of See 40 CFR
`seasonal resident' 52.1490(c)(71)(i)(A
by regulation. )(1).
481.0535......................... Powers and duties of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Director: Statutes (2005).
Expenditure of See 40 CFR
appropriations to 52.1490(c)(71)(i)(A
assist certain )(1).
entities to
purchase and obtain
evidence; receipt
and safekeeping of
money.

[[Page 399]]

481.055.......................... Department to keep 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
main office in Statutes (2005).
Carson City; See 40 CFR
maintenance of 52.1490(c)(71)(i)(A
branch offices. )(1).
481.057.......................... Offices of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Department: Statutes (2005).
Extended hours of See 40 CFR
operation. 52.1490(c)(71)(i)(A
)(1).
481.063.......................... Collection and 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
deposit of fees for Statutes (2005).
publications of See 40 CFR
Department and 52.1490(c)(71)(i)(A
private use of )(1).
files and records
of Department;
limitations on
release and use of
files and records;
regulations.
481.065.......................... Acceptance of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
donations for Statutes (2005).
programs for See 40 CFR
traffic safety. 52.1490(c)(71)(i)(A
)(1).
481.079.......................... Money collected to 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
be deposited in Statutes (2005).
Motor Vehicle Fund; See 40 CFR
exception; 52.1490(c)(71)(i)(A
dishonored )(1).
payments;
adjustment of
deposits.
481.081.......................... Arrearage in tax, 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
fee or assessment Statutes (2005).
administered by See 40 CFR
Department: 52.1490(c)(71)(i)(A
Department )(1).
authorized to file
certificate;
certificate as
lien; extension of
lien.
481.082.......................... Arrearage in tax, 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
fee or assessment Statutes (2005).
administered by See 40 CFR
Department: Release 52.1490(c)(71)(i)(A
or subordination of )(1).
lien; certificate
issued by
Department as
conclusive evidence.
481.083.......................... Money for 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
administration of Statutes (2005).
chapter; claims. See 40 CFR
52.1490(c)(71)(i)(A
)(1).
481.087.......................... Administrative 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
expenses deemed Statutes (2005).
cost of See 40 CFR
administration of 52.1490(c)(71)(i)(A
operation of motor )(1).
vehicles on public
highways.
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 43, Public Safety; Vehicles; Watercraft; Chapter 482, Motor Vehicles and
Trailers: Licensing, Registration, Sales and Leases
----------------------------------------------------------------------------------------------------------------
482.029.......................... Electric personal 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
assistive mobility Statutes (2005).
device defined. See 40 CFR
52.1490(c)(71)(i)(A
)(1).
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 43, Public Safety; Vehicles; Watercraft; Chapter 482, Motor Vehicles and
Trailers: Licensing, Registration, Sales and Leases--Administration
----------------------------------------------------------------------------------------------------------------
482.155.......................... Enforcement of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
provisions of Statutes (2005).
chapter by See 40 CFR
Department, its 52.1490(c)(71)(i)(A
officers and peace )(1).
officers.
482.160.......................... Administrative 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
regulations; branch Statutes (2005).
offices; See 40 CFR
appointment of 52.1490(c)(71)(i)(A
agents and )(1).
designation of
county assessor as
agent; compensation
of certain agents.

[[Page 400]]

482.162.......................... Department to adopt 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
regulations setting Statutes (2005).
forth criteria for See 40 CFR
determination of 52.1490(c)(71)(i)(A
whether person is )(1).
farmer or rancher;
presentation of
evidence to
Department.
482.165.......................... Director to provide 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
forms. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(A
)(1).
482.170.......................... Records of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Department Statutes (2005).
concerning See 40 CFR
registration and 52.1490(c)(71)(i)(A
licensing. )(1).
482.171.......................... List of registered 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
owners to be Statutes (2005).
provided for See 40 CFR
selection of jury; 52.1490(c)(71)(i)(A
reimbursement of )(1).
Department.
482.173.......................... Schedule for 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
retention and Statutes (2005).
disposition of See 40 CFR
certain records of 52.1490(c)(71)(i)(A
Department. )(1).
482.175.......................... Validity of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
registration: Statutes (2005).
Powers and duties See 40 CFR
of Department and 52.1490(c)(71)(i)(A
registered dealers. )(1).
482.180.......................... Motor Vehicle Fund: 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Creation: deposits; Statutes (2005).
interest and See 40 CFR
income; dishonored 52.1490(c)(71)(i)(A
payments; )(1).
distribution of
money collected for
basic governmental
services tax;
transfers.
482.1805......................... Revolving Account 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
for Issuance of Statutes (2005).
Special License See 40 CFR
Plates: Creation; 52.1490(c)(71)(i)(A
deposit of certain )(1).
fees; use of money
in Account;
transfer of excess
balance to State
Highway Fund.
482.181.......................... Governmental 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
services taxes: Statutes (2005).
Certification of See 40 CFR
amount collected 52.1490(c)(71)(i)(A
each month; )(1).
distribution.
482.183.......................... Motor Vehicle 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Revolving Account: Statutes (2005).
Creation; use; See 40 CFR
deposits. 52.1490(c)(71)(i)(A
)(1).
482.186.......................... Certain odometers 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
deemed to register Statutes (2005).
mileage reflected See 40 CFR
on odometer plus 52.1490(c)(71)(i)(A
100,000 miles. )(1).
482.187.......................... Department 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
authorized to enter Statutes (2005).
into written See 40 CFR
agreements for 52.1490(c)(71)(i)(A
periodic payment of )(1).
delinquent taxes or
fees; regulations.
482.188.......................... Waiver of penalty or 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
interest for Statutes (2005).
failure timely to See 40 CFR
file return or pay 52.1490(c)(71)(i)(A
tax, penalty or fee )(1).
in certain
circumstances.
----------------------------------------------------------------------------------------------------------------

[[Page 401]]

Nevada Revised Statutes, Title 43, Public Safety; Vehicles; Watercraft; Chapter 482, Motor Vehicles and
Trailers: Licensing, Registration, Sales and Leases--Original and Renewal of Registration
----------------------------------------------------------------------------------------------------------------
482.205.......................... Registration 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
required for Statutes (2005).
certain vehicles. See 40 CFR
52.1490(c)(71)(i)(A
)(1).
482.206.......................... Periods of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
registration for Statutes (2005).
motor vehicles; See 40 CFR
exceptions. 52.1490(c)(71)(i)(A
)(1).
482.208.......................... Registration of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
leased vehicles by Statutes (2005).
long-term lessor or See 40 CFR
long-term lessee. 52.1490(c)(71)(i)(A
)(1).
482.210.......................... Exemptions from 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
registration. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(A
)(1).
482.215.......................... Application for 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
registration. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(A
)(1).
482.216.......................... Department may 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
authorize new Statutes (2005).
vehicle dealer to See 40 CFR
accept applications 52.1490(c)(71)(i)(A
for registration )(1).
and transfer of
registration of new
motor vehicles and
to issue
certificates of
registration;
duties of dealer;
prohibited acts;
regulations.
482.220.......................... Application for 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
specially Statutes (2005).
constructed, See 40 CFR
reconstructed, 52.1490(c)(71)(i)(A
rebuilt or foreign )(1).
vehicle;
certificate of
inspection; charge
for inspection.
482.225.......................... Collection of sales 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
or use tax upon Statutes (2005).
application for See 40 CFR
registration of 52.1490(c)(71)(i)(A
certain vehicles )(1).
purchased outside
this State; payment
of all applicable
taxes and fees
required for
registration;
refund of tax
erroneously or
illegally collected.
482.230.......................... Grounds requiring 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
refusal of Statutes (2005).
registration. See 40 CFR
52.1490(c)(71)(i)(A
)(1).
482.235.......................... Registration indexes 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
and records; Statutes (2005).
assignment of See 40 CFR
registration number 52.1490(c)(71)(i)(A
by registered )(1).
dealer.
482.240.......................... Issuance of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
certificates of Statutes (2005).
registration and See 40 CFR
title by Department 52.1490(c)(71)(i)(A
or registered )(1).
dealer; period of
validity of
certificate.
482.245.......................... Contents of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
certificates of Statutes (2005).
registration and See 40 CFR
title. 52.1490(c)(71)(i)(A
)(1).
482.255.......................... Placement of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
certificate of Statutes (2005).
registration; See 40 CFR
surrender upon 52.1490(c)(71)(i)(A
demand of peace )(1).
officer, justice of
the peace or deputy
of Department;
limitation on
conviction.

[[Page 402]]

482.260.......................... Duties of Department 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
of Motor Vehicles Statutes (2005).
and its agents See 40 CFR
relative to 52.1490(c)(71)(i)(A
registration of )(1).
vehicle; issuance
of certificate of
title; fees and
taxes.
482.265.......................... License plates 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
issued upon Statutes (2005).
registration; See 40 CFR
stickers, tabs or 52.1490(c)(71)(i)(A
other devices )(1).
issued upon renewal
of registration;
return of plates;
fee for and
limitations on
issuance of special
license plates.
482.266.......................... Manufacture of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
license plates Statutes (2005).
substantially See 40 CFR
similar to license 52.1490(c)(71)(i)(A
plates issued )(1).
before January 1,
1982: Written
request; fee;
delivery; duties of
Department;
retention of old
plates authorized
if requested plates
contain same
letters and numbers.
482.267.......................... License plates: 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Production at Statutes (2005).
facility of See 40 CFR
Department of 52.1490(c)(71)(i)(A
Corrections. )(1).
482.268.......................... License plates: 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Additional fee for Statutes (2005).
issuance; deposit See 40 CFR
of fee. 52.1490(c)(71)(i)(A
)(1).
482.270.......................... License plates: 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
General Statutes (2005).
specifications; See 40 CFR
redesign; 52.1490(c)(71)(i)(A
configuration of )(1).
special license
plates designed,
prepared and issued
pursuant to process
of direct
application and
petition.
482.2703......................... License plates: 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Samples; form; fee; Statutes (2005).
penalty. See 40 CFR
52.1490(c)(71)(i)(A
)(1).
482.2705......................... License plates: 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Passenger cars and Statutes (2005).
trucks. See 40 CFR
52.1490(c)(71)(i)(A
)(1).
482.271.......................... License plates: 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Decals; fees. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(A
)(1).
482.2715......................... License plates: 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Registrant entitled Statutes (2005).
to maintain code if See 40 CFR
continuously 52.1490(c)(71)(i)(A
renewed; )(1).
exceptions;
issuance of
replacement plates
with same code
after expiration of
registration; fee.
482.2717......................... License plates to be 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
issued to Statutes (2005).
automobile wreckers See 40 CFR
and operators of 52.1490(c)(71)(i)(A
salvage pools. )(1).
482.272.......................... License plates: 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Motorcycles. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(A
)(1).
482.274.......................... License plates: 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Trailers. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(A
)(1).

[[Page 403]]

482.275.......................... License plates: 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Display. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(A
)(1).
482.280.......................... Expiration and 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
renewal of Statutes (2005).
registration. See 40 CFR
52.1490(c)(71)(i)(A
)(1).
482.2805......................... Department not to 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
renew registration Statutes (2005).
if local authority See 40 CFR
has filed notice of 52.1490(c)(71)(i)(A
nonpayment pursuant )(1).
to NRS 484.444; fee
for service
performed by
Department.
482.2807......................... Requirements for 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
registration if Statutes (2005).
local government See 40 CFR
has filed notice of 52.1490(c)(71)(i)(A
nonpayment pursuant )(1).
to NRS 484.444.
482.281.......................... Authority of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
Department of Motor Statutes (2005).
Vehicles to allow See 40 CFR
authorized 52.1490(c)(71)(i)(A
inspection station )(1).
or authorized
station to renew
certificates of
registration;
adoption of
regulations.
482.283.......................... Change of name or 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
place of residence: Statutes (2005).
Notice to See 40 CFR
Department 52.1490(c)(71)(i)(A
required; timing )(1).
and contents of
notice.
482.285.......................... Certificates, decals 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
and number plates: Statutes (2005).
Illegibility, loss, See 40 CFR
mutilation or 52.1490(c)(71)(i)(A
theft; obtaining of )(1).
duplicates or
substitutes; fees
and taxes.
482.290.......................... Assignment and 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
recording of new Statutes (2005).
number for See 40 CFR
identification of 52.1490(c)(71)(i)(A
vehicle if old )(1).
number destroyed or
obliterated; fee;
penalty for willful
defacement,
alteration,
substitution or
removal of number
with intent to
defraud.
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 43, Public Safety; Vehicles; Watercraft; Chapter 482, Motor Vehicles and
Trailers: Licensing, Registration, Sales and Leases--Permits for Unregistered Motor Vehicles
----------------------------------------------------------------------------------------------------------------
482.385.......................... Registration of 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
vehicle of Statutes (2005).
nonresident owner See 40 CFR
not required; 52.1490(c)(71)(i)(A
exceptions; )(1).
registration of
vehicle by person
upon becoming
resident of this
State; penalty;
taxes and fees;
surrender or
nonresident license
plates and
registration
certificate;
citation for
violation.
----------------------------------------------------------------------------------------------------------------

[[Page 404]]

Nevada Revised Statutes, Title 43, Public Safety; Vehicles; Watercraft; Chapter 482, Motor Vehicles and
Trailers: Licensing, Registration, Sales and Leases--Cancellation of Registration
----------------------------------------------------------------------------------------------------------------
482.461.......................... Failure of mandatory 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
test of emissions Statutes (2005).
from engines; See 40 CFR
notification; cost 52.1490(c)(71)(i)(A
of inspection. )(1).
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes, Title 43, Public Safety; Vehicles; Watercraft; Chapter 482, Motor Vehicles and
Trailers: Licensing, Registration, Sales and Leases--Penalties
----------------------------------------------------------------------------------------------------------------
482.565.......................... Administrative fines 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
for violations Statutes (2005).
other than See 40 CFR
deceptive trade 52.1490(c)(71)(i)(A
practices; )(1).
injunction or other
appropriate remedy;
enforcement
proceedings.
----------------------------------------------------------------------------------------------------------------
Nevada Revised Statutes (2005), Title 43, Public Safety; Vehicles; Watercraft; Chapter 484, Traffic Laws--Other
Equipment
----------------------------------------------------------------------------------------------------------------
484.101.......................... Passenger car 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
defined. Statutes (2005).
See 40 CFR
52.1490(c)(71)(i)(A
)(1).
484.644.......................... Device for control 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
of pollution: Use Statutes (2005).
required; See 40 CFR
disconnection or 52.1490(c)(71)(i)(A
alteration )(1).
prohibited;
exceptions.
484.6441......................... Device for control 5/11/07 73 FR 38124 (7/3/08) Nevada Revised
of pollution: Statutes (2005).
Penalty; proof of See 40 CFR
conformity may be 52.1490(c)(71)(i)(A
required. )(1).
Nevada Regional Haze State State-wide.......... 11/18/09 77 FR 50936......... Excluding Appendix A
Implementation Plan (October (``Nevada BART
2009), excluding the BART Regulation''). The
determination for NOX at Reid Nevada BART
Gardner Generating Station in regulation,
sections 5.5.3, 5.6.3 and 7.2, including NAC
which EPA has disapproved. 445B.029,
445B.22095, and
445B.22096, is
listed above in 40
CFR 52.1470(c).
----------------------------------------------------------------------------------------------------------------
* Not applicable.
\1\ The organization of this table generally follows from the organization of the State of Nevada's original
1972 SIP, which was divided into 12 sections. Nonattainment and maintenance plans, among other types of plans,
are listed under Section 5 (Control Strategy). Lead SIPs and Small Business Stationary Source Technical and
Environmental Compliance Assistance SIPs are listed after Section 12 followed by nonregulatory or quasi-
regulatory statutory provisions approved into the SIP. Regulatory statutory provisions are listed in 40 CFR
52.1470(c).

[77 FR 14864, Mar. 13, 2012, as amended at 77 FR 17340, Mar. 26, 2012;
77 FR 50951, Aug. 23, 2012; 77 FR 59327, Sept. 27, 2012; 77 FR 60916,
Oct. 5, 2012; 77 FR 64049, Oct. 18, 2012; 77 FR 64745, Oct. 23, 2012; 78
FR 1152, Jan. 8, 2013; 79 FR 15702, Mar. 21, 2014; 79 FR 35052, June 19,
2014]

Sec. 52.1471 Classification of regions.

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

[[Page 405]]

Nevada Intrastate......................................... IA IA III III III
----------------------------------------------------------------------------------------------------------------

[45 FR 7545, Feb. 4, 1980]

Sec. 52.1472 Approval status.

(a) With the exceptions set forth in this subpart, the Administrator
approves Nevada's plan for the attainment and maintenance of the
national standards under section 110 of the Clean Air Act.
(b) With the exceptions set forth in this subpart, the Administrator
approves the plan with respect to Part D, Title I of the Clean Air Act,
as amended in 1977, for the nonattainment areas listed in this
paragraph.
(1) Mason Valley/Fernley Area for TSP.
(2) Lower Reese River Valley/Clovers Area for TSP.
(3) Carson Desert for TSP.
(4) Winnemucca Segment for TSP.
(5) Truckee Meadows for TSP and CO.
(6) Las Vegas Valley for TSP and CO.
(7) Lake Tahoe Basin for CO.
(c) With the exceptions set forth in this subpart, the Administrator
approves the plan with respect to Part D, Title I of the Clean Air Act,
as amended in the 1977, for the nonattainment areas listed in this
paragraph. In addition, continued satisfaction of the requirements of
Part D for the ozone portion of the State Implementation Plan (SIP)
depends on the adoption and submittal by January 1, 1981 of reasonably
available control technology (RACT) requirements for sources covered by
Control Technique Guidelines (CTG's) published between January 1978 and
January 1979.
(1) Truckee Meadows for O3.
(2) Las Vegas Valley for O3.
(d) 1997 8-hour ozone NAAQS: The SIPs submitted on February 1, 2008
and August 30, 2012 are partially disapproved for Clean Air Act (CAA)
elements 110(a)(2)(C), (D)(ii), (J) and (K) for the Nevada Division of
Environmental Quality (NDEP) and Washoe County portions of the Nevada
SIP; and for CAA element 110(a)(2)(F) for the Clark County portion of
the Nevada SIP.
(e) 1997 P2.5 NAAQS: The SIPs submitted on February 26, 2008 and
August 30, 2012 are partially disapproved for CAA elements 110(a)(2)(C),
(D)(ii), (J) and (K) for the NDEP and Washoe County portions of the
Nevada SIP; and for CAA element 110(a)(2)(F) for the Clark County
portion of the Nevada SIP.
(f) 2006 PM2.5 NAAQS: The SIPs submitted on September 15, 2009,
December 4, 2009, and August 30, 2012 are partially disapproved for CAA
elements 110(a)(2)(C), (D)(i)(II) (interfere with measures in any other
state to prevent significant deterioration of air quality), (D)(ii), (J)
and (K) for the NDEP and Washoe County portions of the Nevada SIP; for
CAA element 110(a)(2)(D)(i)(I) for the NDEP, Washoe County, and Clark
County portions of the Nevada SIP; and for CAA element 110(a)(2)(F) for
the Clark County portion of the Nevada SIP.
(g) 2008 Pb NAAQS: The SIPs submitted on October 12, 2011, July 23,
2012, and August 30, 2012 are partially disapproved for Clean Air Act
(CAA) elements 110(a)(2)(C), (D)(i)(II), and (J) for the Nevada Division
of Environmental Quality (NDEP), Clark County, and Washoe County
portions of the Nevada SIP; for CAA element (D)(ii) for the NDEP and
Washoe County portions of the Nevada SIP; and for CAA element
110(a)(2)(F)(iii) for the Clark County portion of the Nevada SIP.

[46 FR 21766, Apr. 14, 1981, as amended at 47 FR 27069, June 23, 1982;
77 FR 64748, Oct. 23, 2012; 79 FR 15702, Mar. 21, 2014]

Sec. 52.1473 General requirements.

(a) The requirements of Sec. 51.116(c) of this chapter are not met
in Washoe County, since the plan does not provide procedures for making
emission data, as correlated with allowable emissions,

[[Page 406]]

available to the public. In addition, Chapter 020.065 of the ``Air
Pollution Control Regulations'' of the District Board of Health of
Washoe County in the Northwest Nevada Intrastate Region is disapproved
since it contains provisions which restrict the public availability of
emission data as correlated with applicable emission limitations and
other control measures.
(b) Regulation for public availability of emission data. (1) Any
person who cannot obtain emission data from the Agency responsible for
making emission data available to the public, as specified in the
applicable plan, concerning emissions from any source subject to
emission limitations which are part of the approved plan may request
that the appropriate Regional Administrator obtain and make public such
data. Within 30 days after receipt of any such written request, the
Regional Administrator shall require the owner or operator of any such
source to submit information within 30 days on the nature and amounts of
emissions from such source and any other information as may be deemed
necessary by the Regional Administrator to determine whether such source
is in compliance with applicable emission limitations or other control
measures that are part of the applicable plan.
(2) Commencing after the initial notification by the Regional
Administrator pursuant to paragraph (b)(1) of this section, the owner or
operator of the source shall maintain records of the nature and amounts
of emissions from such source and any other information as may be deemed
necessary by the Regional administrator to determine whether such source
is in compliance with applicable emission limitations or other control
measures that are part of the plan. The information recorded shall be
summarized and reported to the Regional Administrator, on forms
furnished by the Regional Administrator, and shall be submitted within
45 days after the end of the reporting period. Reporting periods are
January 1-June 30 and July 1-December 31.
(3) Information recorded by the owner or operator and copies of this
summarizing report submitted to the Regional Administrator shall be
retained by the owner or operator for 2 years after the date on which
the pertinent report is submitted.
(4) Emission data obtained from owners or operators of stationary
sources will be correlated with applicable emission limitations and
other control measures that are part of the applicable plan and will be
available at the appropriate regional office and at other locations in
the state designated by the Regional Administrator.

[37 FR 10878, May 31, 1972, as amended at 37 FR 15086, July 27, 1972; 38
FR 12708, May 14, 1973; 40 FR 55331, Nov. 28, 1975; 43 FR 1342, Jan. 24,
1978; 51 FR 40676, Nov. 7, 1986]

Sec. 52.1474 Part D conditional approval.

(a) The following portions of the Nevada SIP contain deficiencies
with respect to Part D of the Clean Air Act which must be corrected
within the time limit indicated.
(1)-(4) [Reserved]

[46 FR 21766, Apr. 14, 1981, as amended at 47 FR 15792, Apr. 13, 1982;
47 FR 27069, June 23, 1982; 49 FR 6900, Feb. 24, 1984]

Sec. 52.1475 Control strategy and regulations: Sulfur oxides.

(a) The requirements of subpart G of this chapter are not met since
the plan does not adequately provide for attainment and maintenance of
the National Ambient Air Quality Standards for sulfur oxides in the
Nevada Intrastate Region.
(b) Article 8.1.3 of Nevada's ``Air Quality Regulations'' (emission
limitation for sulfur from existing copper smelters), which is part of
the sulfur oxides control strategy, is disapproved since it does not
provide the degree of control needed to attain and maintain the National
Ambient Air Quality Standards for sulfur oxides in the Nevada Intrastate
Region.

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

Sec. 52.1476 Control strategy: Particulate matter.

(a) The requirements of subpart G of this chapter are not met since
the plan does not provide for the attainment and maintenance of the
national standards for particulate matter in the

[[Page 407]]

Northwest Nevada and Nevada Intrastate Regions.
(b) The following rule and portions of the control strategy are
disapproved since they do not provide the degree of control needed to
attain and maintain the National Ambient Air Quality Standards for
particulate matter.
(1) NAQR Article 7.2.7, Particulate Matter; Table 4.2, Emissions
Inventory Summary for Particulates and Table 5.2, Summary of Control
Strategy Analysis for Particulates, from the Nevada Control Strategy,
submitted on October 7, 1976.
(c) The following rules are disapproved because they relax the
emission limitation on particulate matter.
(1) Clark County District Board of Health, Table 27.1, (Particulate
Matter from Process Matter), submitted on July 24, 1979.
(2) Nevada Air Quality Regulations, Article 4, Rule 4.34, (Visible
Emission from Stationary Sources), submitted on December 29, 1978, and
Rule 4.3.6, (Visible Emission from Stationary Sources), submitted on
June 24, 1980.

[37 FR 10877, May 31, 1972, as amended at 45 FR 8011, Feb. 6, 1980; 46
FR 43142, Aug. 27, 1981; 51 FR 40676, Nov. 7, 1986]

Sec. 52.1477 Nevada air pollution emergency plan.

Section 6.1.5 of the Emergency Episode Plan submitted on December
29, 1978 is disapproved since termination of the episode is left to the
discretion of the Control Officer and not specified criteria and it does
not meet the requirements of 40 CFR 51.16 and Appendix L. The old rule
6.1.5 submitted on January 28, 1972 is retained.

[45 FR 46385, July 10, 1980]

Sec. 52.1478 Extensions.

The Administrator, by the authority delegated under section
186(a)(4) of the Clean Air Act as amended in 1990, hereby extends for
one year, until December 31, 1996, the attainment date for the Clark
County (Las Vegas Valley), Nevada carbon monoxide nonattainment area.

[61 FR 57333, Nov. 6, 1996]

Sec. 52.1479 Source surveillance.

(a) The requirements of Sec. 51.211 of this chapter are not met,
except in Clark County, since the plan does not provide adequate legally
enforceable procedures for requiring owners or operators of stationary
sources to maintain records of, and periodically report, information on
the nature and amount of emissions.
(b) The requirements of Sec. 51.214 of this chapter are not met
since the plan does not provide adequate legally enforceable procedures
to require stationary sources subject to emission standards to submit
information relating to emissions and operation of the emission monitors
to the State as specified in Appendix P of part 51.

[37 FR 10878, May 31, 1972, as amended at 38 FR 12709, May 14, 1973; 40
FR 55331, Nov. 28, 1975; 43 FR 36933, Aug. 21, 1978; 51 FR 40677, Nov.
7, 1986]

Sec. Sec. 52.1480-52.1481 [Reserved]

Sec. 52.1482 Compliance schedules.

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

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

[39 FR 14209, Apr. 22, 1974, as amended at 40 FR 3995, Jan. 27, 1975; 51
FR 40676, Nov. 7, 1986; 54 FR 25258, June 14, 1989]

[[Page 408]]

Sec. 52.1483 Malfunction regulations.

(a) The following regulations are disapproved because they would
permit the exemption of sources from applicable emission limitations
under certain situations and therefore they do not satisfy the
enforcement imperatives of section 110 of the Clean Air Act.
(1) Clark County District Board of Health
(i) Previously approved on May 14, 1973 and deleted without
replacement on August 27, 1981: Section 12 (Upset, Breakdown, or
Scheduled Maintenance).
(ii) Section 25, Rule 25.1, submitted by the Governor on July 24,
1979.
(iii) Section 25, Rules 25.1-25.1.4, submitted by the Governor on
November 17, 1981.
(iv) Section 25, ``Affirmative Defense for Excess Emissions Due to
Malfunctions, Startup, and Shutdown,'' submitted by the Governor on
September 1, 2010.

[49 FR 10259, Mar. 20, 1984, as amended at 69 FR 54019, Sept. 7, 2004;
79 FR 13567, Mar. 11, 2014]

Sec. 52.1484 [Reserved]

Sec. 52.1485 Significant deterioration of air quality.

(a) The requirements of sections 160 through 165 of the Clean Air
Act are not met, since the plan, except as it applies to the Clark
County Health District, does not include approvable procedures for
preventing the significant deterioration of air quality.
(b) Regulation for preventing significant deterioration of air
quality. The provisions of Sec. 52.21 except paragraph (a)(1) are
incorporated and made a part of the applicable State plan for the State
of Nevada except for that portion applicable to the Clark County Health
District.
(c) All applications and other information required pursuant to
Sec. 52.21 from sources located in the jurisdiction of the State of
Nevada shall be submitted to the Director, Department of Conservation
and Natural Resources, 201 South Fall Street, Carson City, Nevada
instead of the EPA Region 9 Office.

[47 FR 26621, June 21, 1982, as amended at 48 FR 28271, June 21, 1983;
68 FR 11323, Mar. 10, 2003; 68 FR 74489, Dec. 24, 2003]

Sec. 52.1486 Control strategy: Hydrocarbons and ozone.

(a) The requirements of subpart G of this chapter are not met since
the plan does not provide for the attainment and maintenance of the
national standard for ozone in the Las Vegas Intrastate Region (Sec.
81.80 of this chapter).

[45 FR 67347, Oct. 10, 1980, as amended at 51 FR 40676, Nov. 7, 1986]

Sec. 52.1487 Public hearings.

(a) The requirements of Sec. 51.102 (a) and (e) of this chapter are
not met since NAQR, Article 2.11.4.2 allows variances (compliance
schedules), to be renewed without a public hearing, thus allowing
further postponement of the final compliance date for sources whose
emissions contribute to violations of the national standards. Therefore,
NAQR, Article 2.11.4.2 is disapproved.

[43 FR 1343, Jan. 24, 1978, as amended at 51 FR 40675, Nov. 7, 1986]

Sec. 52.1488 Visibility protection.

(a) The requirements of section 169A of the Clean Air Act are not
met, because the plan does not include approvable procedures for
protection of visibility in mandatory Class I Federal areas.
(b) Regulation for visibility monitoring and new source review. The
provisions of Sec. 52.26 are hereby incorporated and made a part of the
applicable plan for the State of Nevada. The provisions of Sec. 52.28
are hereby incorporated and made a part of the applicable plan for the
State of Nevada except for that portion applicable to the Clark County
Department of Air Quality and Environmental Management.
(c) Long-term strategy. The provisions of Sec. 52.29 are hereby
incorporated and made part of the applicable plan for the State of
Nevada.
(d) This paragraph (d) is applicable to the Mohave Generating
Station located in the Las Vegas Intrastate Air Quality Control Region
(Sec. 81.80 of this chapter).

[[Page 409]]

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

[[Page 410]]

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

[[Page 411]]

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

[[Page 412]]

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

[[Page 413]]

length of the delay; a description of the activity(ies) that will be
delayed; all actions taken and to be taken to prevent or minimize the
delay; a timetable by which those measures will be implemented; and a
schedule that fully describes when the owner or operator proposes to
meet any deadlines in paragraph (d) of this section which have been or
will be affected by the claimed force majeure event. The owner or
operator shall include with any notice their rationale and all available
documentation supporting their claim that the delay was or will be
attributable to a force majeure event.
(iv) If the Administrator agrees that the delay has been or will be
caused by a force majeure event, the Administrator and the owner or
operator shall stipulate to an extension of the deadline for the
affected activity(ies) as is necessary to complete the activity(ies).
The Administrator shall take into consideration, in establishing any new
deadline(s), evidence presented by the owner or operator relating to
weather, outage schedules and remobilization requirements.
(v) If the Administrator does not agree in her sole discretion that
the delay or anticipated delay has been or will be caused by a force
majeure event, she will notify the owner or operator in writing of this
decision within 20 days after receiving the owner's or operator's report
alleging a force majeure event. If the owner or operator nevertheless
seeks to demonstrate a force majeure event, the matter shall be resolved
by the Court.
(vi) At all times, the owner or operator shall have the burden of
proving that any delay was caused by a force majeure event (including
proving that the owner or operator had given proper notice and had made
``best efforts'' to avoid and/or mitigate such event), and of proving
the duration and extent of any delay(s) attributable to such event.
(vii) Failure by the owner or operator to fulfill in any way the
notification and reporting requirements of this Section shall constitute
a waiver of any claim of a force majeure event as to which proper notice
and/or reporting was not provided.
(viii) Any extension of one deadline based on a particular incident
does not necessarily constitute an extension of any subsequent
deadline(s) unless directed by the Administrator. No force majeure event
caused by the absence of any administrative, regulatory, or legislative
approval shall allow the Mohave Generating Station to operate after
December 31, 2005, without installation and operation of the control
equipment described in paragraph (d)(2) of this section.
(ix) If the owner or operator fails to perform an activity by a
deadline in paragraphs (d)(3) or (4) of this section due to a force
majeure event, the owner or operator may only be excused from performing
that activity or activities for that period of time excused by the force
majeure event.
(e) Approval. On November 18, 2009, the Nevada Division of
Environmental Protection submitted the ``Nevada Regional Haze State
Implementation Plan.'' With the exception of the BART determination for
NOX at Reid Gardner Generating Station in sections 5.5.3,
5.6.3 and 7.2; the NOX averaging time and control type for
units 1, 2 and 3 in sub-paragraph (1)(c) of Nevada Administrative Code
section 445B.22096; and the NOX emission limit for unit 3 in
sub-paragraph (1)(c) of Nevada Administrative Code section 445B.22096;
the Nevada Regional Haze State Implementation Plan, as supplemented and
amended on February 18, 2010 and September 20, 2011, meets the
applicable requirements of Clean Air Act sections 169A and 169B and the
Regional Haze Rule in 40 CFR 51.308.
(f) Source-specific federal implementation plan for regional haze at
Reid Gardner Generating Station Units 1, 2 and 3. This paragraph (f)
applies to each owner and operator of the coal-fired electricity
generating units (EGUs) designated as Units 1, 2, and 3 at the Reid
Gardner Generating Station in Clark County, Nevada.
(1) Definitions. Terms not defined below shall have the meaning
given to them in the Clean Air Act or EPA's regulations implementing the
Clean Air Act. For purposes of this paragraph (f):
Ammonia injection shall include any of the following: anhydrous
ammonia, aqueous ammonia or urea injection.

[[Page 414]]

Boiler operating day means any 24-hour period between 12:00 midnight
and the following midnight during which any fuel is combusted at any of
the units identified in paragraph (f) of this section.
Combustion controls shall mean new low NOX burners, new
overfire air, and/or rotating overfire air.
Continuous emission monitoring system or CEMS means the equipment
required by 40 CFR Part 75 to determine compliance with this paragraph
(f).
NOX means nitrogen oxides expressed as nitrogen dioxide
(NO2).
Owner/operator means any person who owns or who operates, controls,
or supervises an EGU identified in paragraph (f) of this section.
Unit means any of the EGUs identified in paragraph (f) of this
section.
Unit-wide means all of the EGUs identified in paragraph (f) of this
section.
Valid data means data recorded when the CEMS is not out-of-control
as defined by part 75 and which meets the relative accuracy requirements
of this paragraph.
(2) Emission limitations--the total discharge of NOx from Units 1,
2, and 3, expressed as NO2, shall not exceed 0.20 lb/MMBtu
determined over a 30 successive boiler operating day period. For each
boiler operating day, hourly emissions of NO2, in pounds of
NO2, for units 1, 2 and 3 for that day shall be summed
together. For each boiler operating day, heat input, in millions of BTU,
for units 1, 2 and 3 for that day shall be summed together. Each day the
30 successive boiler operating day NO2 emission rate, in lb/
MMBtu, shall be determined by adding together that day and the preceding
29 boiler operating days' pounds of NO2 and dividing that
total pounds of NO2 by the sum of the heat input during the
same 30-day period.
(3) Compliance date. The owners and operators subject to this
section shall comply with the emission limitations and other
requirements of this section by June 30, 2016, and thereafter.
(4) Testing and monitoring. (i) At all times after the compliance
date specified in paragraph (f)(3) of this section, the owner/operator
of each unit shall maintain, calibrate, and operate a CEMS, in full
compliance with the requirements found at 40 CFR part 75, to accurately
measure NOX, diluent, and stack gas volumetric flow rate from
each unit. In addition to these requirements, relative accuracy test
audits shall be performed for both the NO2 pounds per hour
measurement and the hourly heat input measurement. Each such relative
accuracy test audit shall have a relative accuracy, as defined in 40 CFR
part 60, appendix F, section 2.6, of less than 20 percent. This testing
shall be evaluated each time the 40 CFR part 75 monitors undergo
relative accuracy testing. Compliance with the emission limit for
NO2 shall be determined by using valid data that is quality
assured in accordance with the requirements of this paragraph. (ii) If a
valid NOX pounds per hour or heat input is not available for
any hour for a unit, that heat input and NOX pounds per hour
shall not be used in the calculation of the unit-wide rolling 30
successive boiler operating day average. Each unit shall obtain at least
90 percent hours of data over each calendar quarter. 40 CFR part 60
Appendix A Reference Methods may be used to supplement the part 75
monitoring.
(iii) Upon the effective date of the unit-wide NOX limit,
the owner or operator shall have installed CEMS software that meets with
the requirements of this section for measuring NO2 pounds per
hour and calculating the unit-wide 30 successive boiler operating day
average as required in paragraph (f)(2) of this section.
(iv) Upon the completion of installation of ammonia injection on any
of the three units, the owner or operator shall install, and thereafter
maintain and operate, instrumentation to continuously monitor and record
levels of ammonia consumption for that unit.
(5) Notifications. (i) The owner or operator shall notify EPA within
two weeks after completion of installation of combustion controls or
ammonia injection on any of the units subject to this section.
(ii) The owner or operator shall also notify EPA of initial start-up
of any equipment for which notification was given in paragraph (f)(5)(i)
of this section.
(6) Equipment Operations. After completion of installation of
ammonia injection on any of the three units, the

[[Page 415]]

owner or operator shall inject sufficient ammonia to minimize the
NOX emissions from that unit while preventing excessive
ammonia emissions.
(7) Recordkeeping. The owner or operator shall maintain the
following records for at least five years: (i) For each unit, CEMS data
measuring NOX in lb/hr, heat input rate per hour, the daily
calculation of the unit-wide 30 successive boiler operating day rolling
lb NO2/MMbtu emission rate as required in paragraph (f)(2) of
this section. (ii) Records of the relative accuracy test for
NOX lb/hr measurement and hourly heat input
(iii) Records of ammonia consumption for each unit, as recorded by
the instrumentation required in paragraph (f)(4)(iv) of this section.
(8) Reporting. Reports and notifications shall be submitted to the
Director of Enforcement Division, U.S. EPA Region IX, at 75 Hawthorne
Street, San Francisco, CA 94105. Within 30 days of the end of each
calendar quarter after the effective date of this section, the owner or
operator shall submit a report that lists the unit-wide 30 successive
boiler operating day rolling lb NO2/MMBtu emission rate for
each day. Included in this report shall be the results of any relative
accuracy test audit performed during the calendar quarter.
(9) Enforcement. Notwithstanding any other provision in this
implementation plan, any credible evidence or information relevant as to
whether the unit would have been in compliance with applicable
requirements if the appropriate performance or compliance test had been
performed, can be used to establish whether or not the owner or operator
has violated or is in violation of any standard or applicable emission
limit in the plan.

[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987;
67 FR 6133, Feb. 8, 2002; 69 FR 54019, Sept. 7, 2004; 77 FR 17341, Mar.
26, 2012; 77 FR 50951, Aug. 23, 2012; 78 FR 53037, Aug. 28, 2013]

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

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

[55 FR 18111, May 1, 1990]

Sec. 52.1490 Original identification of plan.

(a) This section identified the original ``Air Quality
Implementation Plan for the State of Nevada'' and all revisions
submitted by the State of Nevada that were federally approved prior to
September 28, 2010.
(b) The plan was officially submitted on January 28, 1972.
(1) Previously approved on May 31, 1972 and now deleted without
replacement Rules 2.8 and 2.11.
(2) Previously approved on May 31, 1972 in paragraph (b) and now
deleted without replacement: Articles 2.10.1, 2.10.1.1, 3.3.4, 4.3.4,
and Section 13, Nos. 15 and 19 of Senate Bill No. 275.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Errata sheet to the plan was submitted on April 26, 1972, by the
Division of Health.
(2) Washoe County regulations submitted on June 12, 1972, by the
Governor.
(i) Previously approved on July 27, 1972 in paragraph (c)(2) of this
section and now deleted from the SIP without replacement Washoe County
Air Quality Regulations: Rules 020.020, 020.030, 020.075, and 040.055.
(3) Compliance schedules submitted on July 14, 1972, by the
Governor.
(4) Legal opinions concerning the plan submitted on November 17,
1972, by the Office of the Attorney General.
(5) Amended Clark County regulations submitted on January 19, 1973,
by the Governor.
(i) Previously approved on May 14, 1973 in paragraph (c)(5) of this
section and now deleted without replacement: Section 15 (Prohibition of
Nuisance Conditions) and Section 29 (Odors in the Ambient Air).

[[Page 416]]

(6) Amendments to the Nevada Air Quality Regulations NAQR to
regulate construction of complex sources (Article 13) submitted on April
1, 1974, by the Governor.
(7) Amendments to the NAQR to regulate sulfur emissions from
nonferrous smelters; (Article 8.1); to regulate and monitor visible
emissions from stationary sources (Article 4); and to allow
supplementary control systems (Article 14); submitted on June 14, 1974,
by the Governor.
(i) Previously approved on February 6, 1975 in paragraph (7) and now
deleted without replacement: Article 8.1.
(8) Amendments to the NAQR to regulate open burning (Article 5.2.3
and 5.2.4), and to regulate the construction of complex sources (Article
13), submitted on November 12, 1974, by the Governor.
(9) Administrative procedures for the review of complex sources
submitted on December 11, 1974, by the Governor's representative.
(10) Amendments to the Nevada Revised Statutes (NRS) (1975
Legislative Session) on motor vehicle inspection and testing (NRS
445.640, 445.700, 482.640 and 169.125), public availability of emission
data (NRS 445.576), organization (NRC 445.481 and 481.----). (Section 1
of 1975 Assembly Bill 326), stack testing (NRS 445.447), and alleged
violations (NRS 445.526) submitted on September 10, 1975 by the
Governor.
(11) Amendments to the NAQR, as amended through September 18, 1975,
submitted on October 31, 1975, by the Governor, as follows:

Article 1--Definitions: 1.6-1.13, 1.15-1.33, 1.35-1.69;
Article 2--General Provisions: 2.4.1-2.4.4, 2.5.1, 2.5.2, 2.5.4,
2.6.1-2.6.4, 2.7.1, 2.8.1, 2.8.4, 2.8.5.1, 2.9.1-2.9.3, 2.9.5-2.9.7,
2.10.1.2, 2.10.2-2.10.4, 2.11.4.2;
Article 3--Registration Certificates and Operating Permits: 3.1.3,
3.1.5, 3.1.6, 3.1.8a & d-i, 3.1.9, 3.2.2-3.2.6, 3.3.2, 3.3.5, 3.4.1,
3.4.6-3.4.14;
Article 4--Visible Emissions From Stationary Sources: 4.1, 4.2,
4.3.5, 4.4-4.4.2;
Article 5--Open Burning: 5.2.3, 5.2.4;
Article 6--Incinerator Burning: 6.3-6.6.2;
Article 7--Particulate Matter: 7.1.3, 7.2.1-7.2.3, 7.3.1-7.3.3;
Article 8--Sulfur Emissions: 8.1.1, 8.1.2, 8.1.4, 8.2.2.1, 8.3-8.4;
Article 9--Organic Solvent, Other Volatile Compounds: 9.1, 9.2-
9.2.1.1, 9.2.2, 9.2.3;
Article 10--Odors: 10.2.1.1, 10.2.1.2;
Article 11--Mobile Equipment: 11.3-11.7.1, 11.7.4-11.7.5, 11.10,
11.10.1, 11.11-11.14.17.

(i) Previously approved on January 9, 1978 in paragraph (11) and now
deleted without replacement: Articles 2.10.1.2, 2.10.2, 2.10.3, 8.1.1,
8.1.2, and 8.1.4.
(12) Amendments to miscellaneous Nevada air quality control
regulations and to other sections of the State plan submitted on
December 10, 1976, by the Governor, as follows:

Article 1--Definitions: 1.1-1.213;
Article 2--General Provisions: 2.5.3, 2.6.2-2.6.9, 2.7.1-2.7.4,
2.8.5.2, 2.16, 2.17;
Article 3--Registration Certificates and Operating Permits, 3.1.9.1,
3.2.1;
Article 7--Particulate Matter: 7.2.4;
Article 8--Sulfur Emissions: 8.2.2-8.2.4;
Article 11--Mobile Equipment: 11.7.6, 11.8, 11.9, 11.10.2;
Section 3--Air quality data: 3.2;
Section 4--Emissions summary: 4.2;
Section 5--Control strategy: 5.1, table 5.1, table 5.2;
Section 10--Air quality surveillance network: Monitoring network
table, sampling sites modification table.

(i) Previously approved on August 21, 1978 in paragraph (12) and now
deleted without replacement: Article 2.7.4.
(13) Amendments to the NAQR and the control strategy submitted on
October 7, 1976, by the Governor.
(i) Article 7--Particulate Matter: 7.2.7; Table 4.2--Emissions
Inventory Summary for Particulates.
Table 5.2--Summary of Control Strategy Analysis for Particulates.
(14) The following amendments to the plan were submitted on December
29, 1978, by the Governor.
(i) Nevada State Emergency Episode Plan Sections: 6.1.4, 6.1.5,
6.5.2.2; Tables: 6.1, 6.2 (Stages 1, 2, and 3), 6.3; Air Pollution
Episode Notice; Episode Communication Checklist.
(ii) Nevada Revised Statutes Policy Declarations; Definitions:

445.401, 445.406, 445.411, 445.416, 445.421, 445.424, 445.427,
445.431, 445.441, 445.446; State Environmental Commission: 445.451,
445.456, 445.461, 445.466, 445.471, 445.472, 445.473, 445.474, 445.476;
Local Hearing Boards: 445.486; Enforcement Provisions: 445.491, 445.496,
445.497, 445.498, 445.499, 445.501; Variances: 445.506, 445.511,
445.516, 445.521; Hearings, Orders Respecting Violations: 445.529; Local
Air Pollution Control Programs: 445.546, 445.551, 445.556, 445.561,
445.566; Miscellaneous Provisions: 445.571, 445.581, 445.586, 445.596,
445.598;

[[Page 417]]

Penalties: 445.601; Deletions: Senate Bill 275, Sections 8.5, 17(1-4, 6,
7), 27, 38.

(A) Previously approved on July 10, 1980 and now deleted without
replacement Statutes 445.506, 445.511, 445.516, and 445.521.
(iii) Nonattainment area plans for Mason Valley/Fernley Area, Lander
County, Carson Desert, Winnemucca Segment, Truckee Meadows, and Las
Vegas Valley.
(iv) Nevada Revised Statutes, Engine Emission Controls:

445.610, 445.620, 445.625, 445.630, 445.640, 445.650, 445.660,
445.670, 445.680, 445.690, 445.700, 445.705, and 445.710.

(v) Nevada Air Quality Regulations for Mobile Equipment:

Article 1--Sections 1.1 to 1.38; Article 2--Sections 2.1 to 2.2;
Article 3--Sections 3.1 to 3.14.6; and Article 4--Sections 4.1 to 4.20.

(vi) Nevada Revised Statute 445.493, Limitations on Enforcement of
Regulations as to Indirect Sources and Authority to Review New Indirect
Sources.
(vii) Amendments to the Nevada Air Quality Regulations:

Article 1, Rules 1.44, 1.53, 1.60, 1.98.1; Article 2, Rules 2.2.2,
2.11.7, 2.17.3.2 a/b, 2.17.4, 2.17.4.1, 2.17.9.8, 2.17.10, 2.17.10.1;
Article 3, Rules 3.1.1, 3.1.2, 3.1.3, 3.4.11; Article 4, Rule 4.3.[6]4;
Article 5, Rule 5.2.4; Article 6, Rule 6.3; Article 7 Rules 7.1.[3]2,
7.3.3; Article 8, Rules 8.2.1.1, 8.2.1.2, 8.2.2, and Article 12, Rule
12.1.

(A) Previously approved on August 27, 1981 in paragraph (c)(14)(vii)
of this section and now deleted from the SIP without replacement Nevada
Air Quality Regulations: Rule 2.11.7.
(viii) Amendments to the Nevada Air Quality Regulations:

Article 1; Article 7, Rules 7.2.8.1--7.2.8.3; Article 16, Rules
16.3.1.2--16.3.3 and Rules 16.15.1--16.15.4.

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

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

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

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

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

Definitions, Sections 010.011, 010.014, 010.028, 010.057, 010.059,
010.071, 010.072, 010.091, 010.106, 010.107B, 010.108, 010.116, 010.117,
010.136, 010.148, 010.149, 010.151, 010.166, 010.197, and 010.1751;
Source Registration and Operation, Sections 030.000, 030.005, 030.010,
030.015, 030.025, 030.030, 030.110, 030.115 (1 and 5)B, 030.120,
030.1201, 030.205, 030.210, 030.215, 030.245, and 030.250; Section
040.070--Storage of Petroleum Products; Section 040.075--Gasoline
Loading into Tank Trucks and Trailers; Section 040.080--Gasoline
unloading from Tank Trucks and Trailers into Storage Tanks; Section
040.085--Organic Solvents; and Section 040.090--Cut-Back Asphalt.

(iv) Paving schedules for the following Nonattainment Area Plans:
Mason Valley/Fernley Area, Carson Desert, Winnemucca Segment, and Lander
County.
(v) Amendments to the Las Vegas Valley Nonattainment Area Plan: Two
memoranda of understanding between Clark County, the Health District,
and the Transportation Policy Committee.
(vi) Nevada Revised Statutes, Engine Emission Control: 445.632,
445.634, 445.635, and 445.644.
(vii) Lake Tahoe Basin Nonattainment Area Plan.

[[Page 418]]

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

Section 2, Rules 2.1, 2.2, 2.3; Section 3, Rule 3.1; Section 4,
Rules 4.1--4.11; Section 5, Rule 5.1; Section 6, Rule 6.1; Section 7,
Rules 7.1--7.19; Section 8, Rules 8.1, 8.2, 8.7 (deletion); Section 9,
Rules 9.1--9.3; Section 10; Section 16, Rules 16.1,--16.5, 16.6
(Operating Permits), 16.6 (Emission of Visible Air Contaminants)
(deletion), 16.7--16.9; Section 17, Rules 17.1--17.8; Section 18, Rules
18.1--18.12; Section 23, Rules 23.1--23.5; Section 24, Rules 24.1--24.5;
Section 25, Rules 25.1, 25.2, 25.4 (deletion); Section 26, Rules 26.1--
26.3; Section 27, Rules 27.1, 27.2, 27.3, 27.4; Section 28, Rules 28.1,
28.2; Section 29; Section 30, Rules 30.1--30.7; Section 31; Section 32,
Rules 32.1, 32.2; Section 40, Rule 40.1; Section 41, Rules 41.1--41.4;
Section 42, Rules 42.1--42.4; Section 43, Rule 43.1; Section 70, Rules
70.1--70.6; Sections 80, and 81.

(A) Previously approved on August 27, 1981 and now deleted without
replacement Section 9, Rules 9.2 to 9.3.
(B) Previously approved on August 27, 1981 at (c)(16)(viii) and now
deleted Section 17, Rules 17.1-17.8.
(C) Previously approved on August 27, 1981 in paragraph
(c)(16)(viii) of this section and now deleted without replacement:
Section 40, Rule 40.1 (Prohibition of Nuisance Conditions); Section 42,
Rule 42.2 (open burning); and Section 43, Rule 43.1 (Odors in the
Ambient Air).
(D) Previously approved on August 27, 1981 in paragraph
(c)(16)(viii) of this section and now deleted from the SIP without
replacement Nevada Air Quality Regulations: Clark County District Board
of Health Air Pollution Control Regulations: Section 3, Rule 3.1.

Editorial Note: At 47 FR 27071, June 23, 1982, the following
paragraph (c)(16)(viii) was added to Sec. 52.1470.
(viii) Repeal and removal of all references to Indirect (Complex)
Sources in the following rules or portions of rules in the Nevada Air
Quality Regulations.

Article 1--Definitions: 1.12, 1.95, 1.147(b), and 1.202. Article 2--
Registration Certificates and Operating Permits: 3.1.9, 3.2.1, 3.2.2,
and 3.2.5. Article 13--Point Sources: 13.1.1, 13.1.2, 13.2, and 13.2.1
to 13.5.3.

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

Sections 020.055, 030.300, 030.305, 030.310, 030.3101-030.3105,
030.3107, and 030.3108 and the following deletions: 010.115, 050.005,
050.010, 050.015, 050.020, 050.025, 050.030, and 050.035.

(A) Previously approved on August 27, 1981 in paragraph (c)(16)(ix)
of this section and now deleted from the SIP without replacement Washoe
County Air Quality Regulations: Rules 030.3105, 030.3107, and 030.3108.
(x) Amendments to the Nevada Air Quality Regulations: Article 12,
Lead (Pb).
(17) The following amendments to the plan were submitted on
September 18, 1979, by the Governor.
(i) Amendments to the Clark County District Board of Health Air
Pollution Control Regulations:

Section 1--Definitions (except 1.14, 1.15, 1.79, and 1.94); Section
15.14--Source Registration Requirements for Areas Exceeding Air Quality
Standards; and Section 60--Evaporation and Leakage.

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

Section 1, Rules 1.79, 1.94; Section 11, Rules 11.1, 11.1.1-11.1.8,
11.2, 11.2.1-11.2.3, 11.3, 11.3.1, 11.3.2, 11.4, and Section 13, Rule
13.5 (deletion).

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

(18) Amendments to the Nevada Air Quality Regulations submitted on
March 17, 1980, by the Governor.
(i) Article 13.1.3--Point Sources and Registration Certificates.
(A) Previously approved on April 14, 1981 in paragraph (c)(18)(i) of
this section and now deleted without replacement: Nevada Air Quality
Regulations (NAQR) article 13.1.3(3).
(19) The following amendments to the plan were submitted on June 24,
1980, by the Governor.
(i) Section 10--State of Nevada Ambient Air Quality Monitoring and
Surveillance.
(ii) Amendment to the Nevada Air Quality Regulations: Article 4,
Rule 4.3.6.
(iii) Clark County, Nevada Lead SIP.
(20) The following amendment to the plan was submitted on August 19,
1980 by the Governor.

[[Page 419]]

(i) Request for Extension of the Carbon Monoxide Attainment Date for
the Truckee Meadows Nonattainment Area.
(21) The following amendments to the plan were submitted on October
13, 1980, by the Governor.
(i) Amendments to the Nevada Revised Statutes: 704.820 through
704.900 (Utility Environmental Protection Act).
(ii) Rule 25, of General Order No. 3, Nevada Public Service
Commission.
(22) The following amendments to the plan were submitted on November
5, 1980, by the Governor.
(i) Amendments to the Clark County District Board of Health Air
Pollution Control Regulations: Section 4, Rules 4.12, 4.12.1-4.12.3.
(ii) Amendments to the Nevada Air Quality Regulations: Article 7,
Rules 7.2.5, 7.2.5.1, 7.2.9; and Article 8, Rule 8.3.4.
(iii) Previously approved on June 18, 1982 in paragraph (22)(ii) and
now deleted without replacement: Articles 7.2.5, 7.2.9, and 8.3.4.
(23) The following amendments to the plan were submitted on March 4,
1981, by the Governor:
(i) Las Vegas Valley Air Quality Implementation Plan (excluding
Clark County Air Pollution Control Regulations).
(24) The following amendments to the plan were submitted on November
17, 1981 by the Governor.
(i) Amendments to the Nevada Air Quality Regulations: Article 14.1.
(ii) Resolution of the Washoe Council of Governments adopted August
28, 1981 and Endorsement of the State Environmental Commission dated
October 15, 1981.
(iii) Amendments to the Clark County District Board of Health Air
Pollution Control Regulations:

Section 1--Definitions 1.7, 1.13, 1.14, 1.15, 1.32, 1.48, 1.50,
1.52, 1.57, 1.67, 1.72, 1.90 and the addition of the following
unnumbered definitions: ``Emission Unit,'' ``Criteria Pollutant,''
``Non-Criteria Pollutant,'' ``Baseline Area,'' ``Begin Actual
Construction,'' ``Building, Structure, Facility, or Installation,''
``Particulate Precursor,'' ``Secondary Emissions,'' and ``Significant.''
Section 15--Source Registration, 15.1, 15.1.1, 15.1.2, 15.1.3,
15.1.4, 15.1.5, 15.1.6, 15.1.7, 15.1.8, 15.2; 15.2.1, 15.2.2, 15.3,
15.4, 15.5; Preconstruction Review for New and Modified Sources, 15.6,
15.6.1, 15.6.1.1, 15.6.1.2 (deleted), 15.6.1.6, 15.6.2, 15.6.2.1
(deleted), 15.6.2.2, 15.6.2.3, 15.6.2.4, 15.6.2.5, 15.6.3, 15.6.3.1,
15.6.3.2 to 15.6.3.5 (added), 15.6.6, 15.7, 15.8, 15.9, 15.10, 15.10.1,
15.10.2, 15.10.3, 15.10.4, 15.11, 15.12; Prevention of Significant
Deterioration, 15.13 (added); Preconstruction Review Requirements for
New or Modified Sources in Areas Exceeding Air Quality Standards
(``Offset'' Rules), 15.14.1, 15.14.1.2, 15.14.1.3 (added), 15.14.3.1,
15.14.3.2, 15.14.4, 15.14.4.1, 15.14.4.3, 15.14.3.3 (added), 15.14.4.3.4
(added), 15.14.4.3.5 (added) and, 15.14.4.4 (deleted).

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

Section 4, Rule 4.7.3; Section 7; Section 9, Rules 9.1; Section 16;
Section 17, Rules 17.2.1 and 17.6.1; Section 18, Rules 18.1--18.5.2;
Section 23, Rules 23.2.1--23.3.1.2 and Rules 23.3.4--23.3.5; Section 27;
Section 30, Rules 30.4 and 30.8; Section 52, Rules 52.4.2.3 and 52.7.2;
and Section 60, Rules 60.4.3.

(A) Previously approved on June 18, 1982 and now deleted without
replacement Section 7, Rules 7.1 to 7.19 and Section 9, Rule 9.1.
(B) Previously approved on June 18, 1982 at (c)(24)(iv) and now
deleted Section 17, Rules 17.2.1 and 17.6.1.
(v) Nevada State Lead SIP Revision submitted by the State on
November 5, 1981.
(vi) Amendment to the Clark County District Board of Health Air
Pollution Control Regulations: Section 60, Rule 60.4.2.
(25) The following amendments to the plan were submitted on October
26, 1982, by the Governor.
(i) Amendments of Chapter 445 of the Nevada Administrative Code.

(A) New or amended sections 445.430-445.437, 445.439-445.447,
445.451, 445.453-445.472, 445.474-445.477, 445.480-445.504, 445.509-
445.519, 445.522-445.537, 445.539, 445.542-445.544, 445.546-445.549,
445.551, 445.552, 445.554-445.568, 445.570, 445.572-445.587, 445.589-
445.605, 445.608-445.612, 445.614-445.622, 445.624, 445.626, 445.627,
445.629-445.655, 445.660, 445.662-445.667, 445.682, 445.685-445.700,
445.704-445.707, 445.712-445.716, 445.721, 445.723, 445.729-445.732,
445.734, 445.742, 445.743, 445.746, 445.753, 445.754, 445.764, 445.844,
and 445.845.

(ii) Previously approved on March 27, 1984, in paragraph (25)(i)(A)
and now deleted without replacement: Nevada Administrative Code (NAC)
sections: 445.447, 445.554, 445.596, 445.662, 445.695, 445.698, 445.700,
and 445.844.

[[Page 420]]

(iii) Previously approved on March 27, 1984, in paragraph (25)(i)(A)
and now deleted without replacement: Nevada Administrative Code (NAC)
sections: 445.440, 445.442-445.443, 445.446, 445.451, 445.453-445.456,
445.459-445.463, 445.465-445.469, 445.474-445.476, 445.481, 445.483-
445.485, 445.487, 445.489-445.491, 445.493-445.498, 445.502-445.503,
445.509-445.511, 445.514-445.515, 445.518-445.519, 445.522-445.524,
445.526-445.532, 445.534, 445.539, 445.543-445.544, 445.546, 445.547,
445.551, 445.566-445.568, 445.572-445.573, 445.576-445.580, 445.582-
445.583, 445.586-445.587, 445.591, 445.593-445.595, 445.598, 445.600,
445.602-445.605, 445.608-445.611, 445.614-445.616, 445.619-445.620,
445.626, 445.629, 445.631-445.632, 445.634-445.646, 445.648, 445.652,
445.654, and 445.723.
(iv) Previously approved on March 27, 1984 in paragraph
(c)(25)(i)(A) of this section and now deleted without replacement:
Nevada Administrative Code (NAC) section: 445.535.
(v) Previously approved on March 27, 1984, in paragraph
(c)(25)(i)(A) of this section and now deleted without replacement:
Nevada Administrative Code (NAC) section: 445.655.
(vi) Previously approved on March 27, 1984, in paragraph
(c)(25)(i)(A) of this section and now deleted without replacement:
Nevada Administrative Code (NAC) section 445.706(2).
(26) The following amendments to the plan were submitted on
September 14, 1983 by the Governor.
(i) Amendments to Chapter 445 of the Nevada Administrative Code.
(A) New or amended Sections 445.732, 445.808 (paragraphs (1), (2)(a-
c), and (3)-(5)), 445.815 (paragraphs (1), (2)(a)(1 and 2), and (3)-
(5)), 445.816 (paragraphs (1), (2)(a-i), and (3)-(5)), 445.843, and
445.846 (paragraphs (1), (3), and (4)).
(B) Previously approved on March 27, 1984, in paragraph (26)(i)(A)
and now deleted without replacement: Nevada Administrative Code (NAC)
sections 445.815 (paragraphs (1), (2)(a)(1)-(2), and (3)-(5)) and
445.816 (paragraph (2)(a)-(c) and (e)-(i)).
(ii) The Truckee Meadows Air Quality Implementation Plan 1982 Update
except for the attainment and RFP demonstrations and Legally Enforceable
Measures portions of the plan.
(iii) Amendments related to Nevada's inspection and maintenance (I/
M) program.
(A) State legislation (AB 677) which defers the start-up of the
annual I/M program from July 1, 1983 to October 1, 1983.
(B) An I/M public education plan.
(C) Revisions to the Engine Emission Control Regulations (Nevada
Administrative Code 455.851 to 445.945).
(27) The following amendments to the plan were submitted on December
9, 1982, by the State:
(i) Emission reduction estimates and/or changes in vehicular
activity for the adopted control measures.
(ii) A modeling analysis indicating 1982 attainment.
(iii) Documentation of the modeling analysis including air quality,
traffic and meteorological data:
(iv) Evidence of implementation and/or future commitments for the
adopted control measures.
(v) Appendix of previous reports, measured data and other official
correspondence including:
(A) Resource commitments from the responsible agencies for
implementing the RFP,
(B) 1979 and 1980 Annual Reports for the Lake Tahoe Air Basin, and
(C) 1981 Nevada Air Quality Report.
(28) The following amendments to the plan were submitted on December
16, 1982 by the State:
(i) Additional evidence of commitment to the control evidence by the
responsible state and/or local agencies,
(ii) Additional supporting documentation for the 1982 attainment
modeling analysis which included revised technical data on measured and
modeled CO traffic volumes, and a revised narrative on the calibration
constant and the impacts to the model.
(29) The following amendments to the plan were submitted on January
28, 1983 by the State:
(i) Response to EPA's preliminary evaluation, specifying
documentation for calibrating the model, the mobile source emission
factors, and additional traffic data.
(ii) Conversion factors for the model.
(iii) A revised 1982 attainment modeling analysis and supporting
documentation including:

[[Page 421]]

(A) 1979, 1980-82 traffic data for the Stateline Area, (Appendix A);
(B) Stateline Cold Start/Hot Start Analysis, (Appendix B);
(C) Portions of the Highway 50 Corridor Study, June 1979 (Appendix
C);
(D) Reference from Transportation and Traffic Engineering Handbook,
(1979), (Appendix D); and
(E) Revised Caline 3 and Mobile 2 modeling analysis using both 27%
and 50% cold start factors, (Appendix E).
(30) The following amendments to the plan were submitted on May 5,
1983 by the State:
(i) ``Stateline, Nevada, 1983 Carbon Monoxide Study''--a traffic,
ambient air monitoring and predictive modeling report, and
(ii) A revised analysis of the Caline 3 model verifying 1982
attainment, based on data collected in February and March 1983.
(31) The following amendments to the plan were submitted on May 30,
1984, by the Governor.
(i) Washoe County, Nevada Lead SIP Revision.
(32) The Las Vegas Valley 1982 Air Quality Implementation Plan
(AQIP) Update for carbon monoxide submitted by the Governor on June 23,
1982.
(33) On January 11, 1985, the following amendments to the plan were
submitted by the State.
(i) Incorporation by reference.
(A) Las Vegas Valley Air Quality Implementation Plan, Post 1982
Update for Ozone adopted on October 16, 1984 (including section 33
(Chlorine in Chemical Processes)), adopted May 18, 1984).
(ii) Additional material.
(A) Emissions Inventory for 1995, transmitted by a letter dated
March 14, 1986.
(34) Program elements were submitted on June 28, 1994 by the
Governor's designee.
(i) Incorporation by reference.
(A) Small Business Stationary Source Technical and Environmental
Compliance Assistance Program, adopted on June 28, 1994.
(35) Program elements were submitted on July 5, 1995 by the
Governor's designee.
(i) Incorporation by reference.
(A) Small Business Stationary Source Technical and Environmental
Compliance Assistance Program, adopted on July 5, 1995.
(36)-(37) [Reserved]
(38) On August 7, 1998, regulations for the following Health
District were submitted by the Governor's designee.
(i) Incorporation by reference.
(A) Clark County Health District.
(1) Section 53 adopted on September 25, 1997.
(39) The following plan was submitted on February 14, 1995, by the
Governor's designee.
(i) Incorporation by reference.
(A) Redesignation Request and Maintenance Plan for the National
Sulfur Dioxide Standard--Central Steptoe Valley, adopted by Nevada
Division of Environmental Protection on February 14, 1995.
(40) The following plan supplement was submitted on February 27,
2002, by the Governor's designee.
(i) Incorporation by reference.
(A) Supplement to the Maintenance Plan for the National Sulfur
Dioxide Standard--Central Steptoe Valley (Letter from Allen Biaggi,
Administrator, Nevada Division of Environmental Protection, to Wayne
Nastri, Regional Administrator, EPA Region IX, dated February 27, 2002).
(41) Regulations for the following agencies were submitted on
November 19, 2002 by the Governor's designee.
(i) Incorporation by reference.
(A) Clark County Air Quality Management Board.
(1) Clark County Building Code, section 3708, adopted on November
20, 1990.
(2) City of Las Vegas Building Code, section 3708, adopted on
November 21, 1990.
(3) City of North Las Vegas Building Code, section 13.16.150,
adopted on September 18, 1991.
(4) City of Henderson Building Code, section 15.40.010, adopted on
October 15, 1996.
(42) The following plan was submitted on July 23, 2001, by the
Governor's designee.
(i) Incorporation by reference.
(A) Clark County Department of Air Quality Management.
(1) PM-10 State Implementation Plan for Clark County including:
Chapter 3,

[[Page 422]]

Chapter 4 (excluding pages 4-125 and 4-126), Chapters 5 through 7,
Appendices A through E, Appendix G (excluding pages 90-1 through 90-10,
91-1 through 91-9, 92-1 through 92-7, 93-1 through 93-8, and the
following paragraphs of pages 0-1 through 0-46: 0.1-0.24, 0.26-0.32,
0.34, 0.35, 0.38-0.42, 0.44, 0.49, 0.50, 0.52-0.57, 0.59-0.64, 0.66-
0.69, 0.71-0.80, 0.82, 0.83, 0.85-0.109, 0.112, 0.113, 0.115, 0.116,
0.118, 0.119, 0.121-0.126, 0.128-0.131, 0.134-0.139, 0.142-0.146, 0.148-
0.161, 0.163, 0.165, and 0.167-0.172), Appendix J, and Appendices L
through N adopted on June 19, 2001.
(43) The following regulations were submitted on October 24, 2002,
by the Governor's designee.
(i) Incorporation by reference.
(A) Clark County Department of Air Quality Management.
(1) Sections 90, 91, 92 and 93 adopted on November 20, 2001.
(44) The following plan amendments were submitted on November 19,
2002, by the Governor's designee.
(i) Incorporation by reference.
(A) Clark County Department of Air Quality Management.
(1) Pages 4-125 and 4-126 and Appendix R adopted on November 19,
2002.
(45) The following plan was submitted on October 27, 2003, by the
Governor's designee.
(i) Incorporation by reference.
(A) Carbon Monoxide Redesignation Request and Limited Maintenance
Plan for the Nevada Side of the Lake Tahoe Basin, dated October 2003,
adopted by the State Environmental Commission on September 18, 2003.
(1) Attainment year (2001) emissions inventory, monitoring network
and verification of continued attainment, and contingency plan,
including commitments to follow maintenance plan contingency procedures
by the Nevada Division of Environmental Protection, the Tahoe
Metropolitan Planning Organization, the Nevada Department of
Transportation, and the Washoe County District Health Department.
(B) Letter of October 27, 2003, from the Nevada Division of
Environmental Protection, transmitting the redesignation request and
maintenance plan for the Lake Tahoe Nevada CO nonattainment area and
including a State commitment to track CO concentrations and to adopt,
submit as a SIP revision, and implement expeditiously any and all
measures to achieve the level of CO emissions reductions needed to
maintain the CO NAAQS in the event that an exceedance of the CO NAAQS is
monitored, and to work with the involved jurisdictions to ensure that
sufficient measures are adopted and implemented in a timely fashion to
prevent a violation.
(C) Additional material--Addendum to the October 27, 2003 letter of
transmittal of the redesignation request and maintenance plan: emissions
projections for on-road motor vehicles through 2016.
(46) The following plan revision was submitted on March 20, 1996, by
the Governor's designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) State of Nevada State Implementation Plan for an Enhanced
Program for the Inspection and Maintenance of Motor Vehicles for Las
Vegas Valley and Boulder City, Nevada, revised March 1996, transmitted
by letter dated March 20, 1996, including the cover page through page
15, appendix 1 (only the Nevada attorney general's opinion and
memorandum dated November 15, 1993 and June 29, 1994, respectively), and
appendices 2 through 9.
(47) The following plan revision was submitted on August 9, 2000, by
the Governor's designee.
(i) Incorporation by reference.
(A) Clark County Department of Air Quality Management.
(1) Carbon Monoxide State Implementation Plan, Las Vegas Valley
Nonattainment Area, Clark County, Nevada, August 2000, adopted on August
1, 2000, including the following sections within which certain
exceptions are noted but excluding all sections not specifically cited:
chapters 1 through 8 (with the exception of chapter 7, subsection 7.2.2,
``Contingency Measures''); appendix A, ``Emissions Inventory'', sections
1 through 7, and section 8-- ``Annexes'' (with the exception of appendix
E, ``Quality Assurance/Quality Control''); appendix B, ``Transportation
Documentation'', section 1; appendix D, ``Regulations, Policies and
Public Participation Documentation'', section

[[Page 423]]

1-- ``Cleaner Burning Gasoline (CBG) Regulations and Supporting
Documentation'' (with the exception of District Board of Health of Clark
County Air Pollution Control Regulations section 54 as adopted on April
22, 1999), section 2, section 3, section 4--``Nevada Administrative
Code, Chapter 445B: Technician Training and Licensing'' (with the
exception of NAC 445B.485-445B.487, 445B.489-445B.493, and 445B.495-
445B.498), and sections 5 through 9; and appendix E, ``Supplemental
Technical Support Documentation'', sections 1 through 4, and 7.
(48) The following plan revision was submitted on January 30, 2002
by the Governor's designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) New or amended regulations implementing Nevada's vehicle
inspection and maintenance program in Las Vegas Valley and Boulder City:
Nevada Administrative Code, chapter 445B, sections 445B.400-445B.774
(i.e., ``Emissions from Engines''), including the sections under the
subheadings ``General Provisions,'' ``Facilities for Inspection and
Maintenance,'' ``Inspectors,'' ``Exhaust Gas Analyzers,'' ``Control of
Emissions: Generally'' [excluding sections 445B.576-445B.578, and
excluding section 445B.594 (``Inspections required in Washoe County'')],
``Restored Vehicles,'' ``Miscellaneous Provisions,'' but excluding the
sections under the subheading ``Control of Emissions: Heavy-Duty Motor
Vehicles'' (i.e., sections 445B.737-445B.774), codification as of
February 2002 by the Legislative Counsel Bureau.
(2) Previously approved on September 21, 2004, in paragraph
(c)(48)(i)(A)(1) of this section and now deleted from the SIP without
replacement: Nevada Administrative Code (NAC) sections: 445B.461(3)(d)
and 445B.595(2)(d).
(ii) Additional material.
(A) Nevada Division of Environmental Protection.
(1) NV2000 Analyzer Electronic Data Transmission Equipment
Specifications (June 15, 2000), revision 5, November 8, 2000.
(49) The following plan revisions were submitted on June 4, 2002 by
the Governor's designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) New or amended statutes related to Nevada's vehicle inspection
and maintenance program in Las Vegas Valley and Boulder City, as amended
through the 2001 Legislative sessions: Nevada Revised Statutes, title
40, chapter 445B, sections 445B.210, 445B.700, 445B.705, 445B.710,
445B.715, 445B.720, 445B.725, 445B.730, 445B.735, 445B.740, 445B.745,
445B.750, 445B.755, 445B.758, 445B.760, 445B.765, 445B.770, 445B.775-
445B.778, 445B.780, 445B.785, 445B.790, 445B.795, 445B.798, 445B.800,
445B.805, 445B.810, 445B.815, 445B.820, 445B.825, 445B.830, 445B.832,
445B.834, 445B.835, 445B.840, and 445B.845, and title 43, chapter 482,
section 482.461, transmitted by letter dated June 4, 2002.
(2) New regulation establishing the State's low Reid Vapor Pressure
wintertime requirement for gasoline sold in Clark County: Nevada
Administrative Code, chapter 590, section 590.065 as adopted on October
28, 1998 (made effective December 14, 1998) by the State Board of
Agriculture.
(3) Regulation R017-02, adopted on March 8, 2002 by the Nevada State
Environmental Commission: New or amended rules in Chapter 445B of the
Nevada Administrative Code removing the limitation on applicability of,
and removing the restrictive trigger for effectuating the implementation
of, the on-board diagnostics systems test for Nevada's vehicle
inspection and maintenance program.
(ii) Additional material.
(A) Nevada Division of Environmental Protection.
(1) Contract between Nevada Department of Motor Vehicles and MD
LaserTech for on-road testing services, dated January 15, 2002.
(50) The following plan revision was submitted on September 9, 2003
by the Governor's designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) New or amended statutes related to Nevada's vehicle inspection
and maintenance program in Las Vegas Valley and Boulder City, as amended
through the 2001 Legislative sessions:

[[Page 424]]

Nevada Revised Statutes, title 43, chapter 481, sections 481.019,
481.023, 481.027, 481.031, 481.035, 481.043, 481.047, 481.0473,
481.0475, 481.0477, 481.048, 481.0481, 481.051, 481.052, 481.055,
481.057, 481.063, 481.065, 481.079, 481.081, 481.082, 481.083, 481.085,
and 481.087; title 43, chapter 482, sections 482.155, 482.160, 482.162,
482.165, 482.170, 482.171, 482.173, 482.175, 482.180, 482.1805, 482.181,
482.183, 482.186-482.188, 482.205, 482.206, 482.208, 482.210, 482.215,
482.216, 482.220, 482.225, 482.230, 482.235, 482.240, 482.245, 482.255,
482.260, 482.265-482.268, 482.270, 482.2703, 482.2705, 482.271,
482.2715, 482.2717, 482.272, 482.274, 482.275, 482.280, 482.2805,
482.2807, 482.281, 482.283, 482.285, 482.290, 482.385, and 482.565; and
title 43, chapter 484, sections 484.644 and 484.6441, transmitted by
letter dated September 9, 2003.
(51) The following plan revision was submitted on September 24, 2003
by the Governor's designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) Regulation R178-01, adopted on July 11, 2002 by the Nevada
Department of Motor Vehicles (and made effective August 21, 2002): New
or amended rules in Chapter 445B of the Nevada Administrative Code
establishing on-board diagnostics systems test procedures for Nevada's
vehicle inspection and maintenance program.
(52) The following plan revision was submitted on November 10, 2003
by the Governor's designee.
(i) Incorporation by reference.
(A) Clark County Department of Air Quality Management.
(1) New or amended Section 53--Oxygenated Gasoline Program, and
Section 54--Cleaner Burning Gasoline (CBG): Wintertime Program, adopted
on May 20, 2003 (made effective June 3, 2003).
(53) The following plan revision was submitted on October 23, 2003,
by the Governor's designee.
(i) Incorporation by reference.
(A) Clark County Department of Air Quality and Environmental
Management.
(1) New or amended rules adopted on October 7, 2003 by the Clark
County Board of County Commissioners: Clark County Air Quality
Regulations section 0 (Definitions), section 11 (Ambient Air Quality
Standards), section 12 (Preconstruction Review for New or Modified
Stationary Sources), excluding subsection 12.2.18 and 12.2.20, section
58 (Emission Reduction Credits), and section 59 (Emission Offsets),
excluding subsection 59.2 (``Local Offset Requirements'').
(54) The following plan revision was submitted on November 20, 2003
by the Governor's designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) Nevada Administrative Code section 445B.22083, adopted March 3,
1994 (effective March 29, 1994), by the State Environmental Commission.
(55) The following plan revision and regulations were submitted on
August 5, 2002, by the Governor's designee.
(i) Incorporation by reference.
(A) Washoe County District Board of Health.
(1) Rules 040.031 and 040.032, adopted on February 27, 2002.
(2) Regulation 040.030 adopted on July 26, 2002.
(56) The following regulations and statutes were submitted on
January 12, 2006, by the Governor's designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) The following sections of the Nevada Air Quality Regulations
were adopted on the dates listed below and recodified as Chapter 445B of
the Nevada Administrative Code in November 1994:
(i) September 16, 1976: 445B.002, 445B.009, 445B.022, 445B.042,
445B.047, 445B.053, 445B.080, 445B.086, 445B.091, 445B.095, 445B.106,
445B.121, 445B.122, 445B.127, 445B.129, 445B.144, 445B.161, 445B.163,
445B.167, 445B.174, 445B.176, 445B.185, 445B.198, 445B.205, 445B.207,
445B.2204, and 445B.2209.
(ii) November 8, 1977: 445B.168.
(iii) September 12, 1978: 445B.125.
(2) The following sections of Chapter 445 of the Nevada
Administrative Code were adopted on the dates listed below and
recodified as Chapter 445B of the Nevada Administrative Code in November
1994:
(i) August 19, 1982: 445B.004 and 445B.060.

[[Page 425]]

(ii) September 3, 1987: 445B.018, 445B.030, 445B.051, 445B.072,
445B.097, 445B.119, 445B.151, and 445B.209.
(iii) August 29, 1990: 445B.073.
(iv) November 18, 1991: 445B.135.
(v) November 3, 1993: 445B.055, 445B.056, and 445B.061.
(vi) March 3, 1994: 445B.075, 445B.103, 445B.109, and 445B.182.
(3) The following sections of Chapter 445B of the Nevada
Administrative Code were adopted on the dates listed below:
(i) October 3, 1995: 445B.005, 445B.059, 445B.077, 445B.112,
445B.116, 445B.130, 445B.145, 445B.152, 445B.177, 445B.180, 445B.22037,
and 445B.227.
(ii) January 22, 1998: 445B.011, 445B.0425, 445B.058, 445B.22027,
and 445B.22033.
(iii) September 9, 1999: 445B.2203 and 445B.22047.
(iv) May 10, 2001: 445B.113 and 445B.1135.
(v) September 18, 2001: 445B.006.
(vi) February 26, 2004: 445B.22067, 445B.2207, and 445B.22097.
(vii) August 19, 2004: 445B.001, 445B.211, 445B.22043, 445B.2205,
and 445B.230.
(viii) October 4, 2005: 445B.22017 (effective April 1, 2006) and
445B.2202 (effective April 1, 2006).
(4) Title 40, Chapter 445B of Nevada Revised Statutes (2003):
Sections 445B.105, 445B.110, 445B.115, 445B.120, 445B.125, 445B.130,
445B.135, 445B.140, 445B.145, 445B.150, 445B.155, 445B.210, 445B.220,
445B.225, 445B.235, 445B.245, 445B.275, 445B.280, 445B.300, 445B.320,
445B.500, 445B.510, 445B.520, 445B.530, 445B.540, 445B.560, and
445B.595.
(5) The following sections of the Nevada Air Quality Regulations
were adopted on the dates listed below and recodified as Chapter 445B of
the Nevada Administrative Code in November 1994:
(i) September 16, 1976: 445B.134, 445B.257, 445B.258, 445B.259,
445B.260, 445B.261, and 445B.263.
(6) The following sections of Chapter 445 of the Nevada
Administrative Code were adopted on the dates listed below and
recodified as Chapter 445B of the Nevada Administrative Code in November
1994:
(i) April 26, 1984: 445B.265.
(ii) November 3, 1993: 445B.084.
(iii) March 3, 1994: 445B.202.
(7) The following sections of Chapter 445B of the Nevada
Administrative Code were adopted on the dates listed below:
(i) October 3, 1995: 445B.015, 445B.062, and 445B.256.
(ii) August 22, 2000: 445B.264.
(iii) September 18, 2003: 445B.262 and 445B.267.
(iv) October 4, 2005: 445B.063, 445B.153, and 445B.22093.
(8) Title 40, Chapter 445B of Nevada Revised Statutes (NRS)(2003):
Sections 445B.200, 445B.205, 445B.230, 445B.240, 445B.340, 445B.350,
445B.360, 445B.450, 445B.460, 445B.570, 445B.580, 445B.600, 445.610, and
445.640.
(9) The following sections of Chapter 445B of the Nevada
Administrative Code were adopted on the dates listed in paragraph
(c)(56)(i)(A)(9) of this section:
(i) September 18, 2003: 445B.252.
(57) The following plan revision was submitted on February 14, 2006,
by the Governor's designee.
(i) Incorporation by reference.
(A) Clark County Department of Air Quality and Environmental
Management.
(1) Carbon Monoxide State Implementation Plan Revision, Las Vegas
Valley Nonattainment Area, Clark County, Nevada, adopted on October 4,
2005 by the Clark County Board of Commissioners (with the exception of
section 7.3 (page 7-2), ``Mobile Source Emissions Budget'').
(58) The following plan revision was submitted on May 12, 2006, by
the Governor's designee.
(i) Incorporation by reference.
(A) Clark County Department of Air Quality and Environmental
Management.
(1) Section 7.3 (page 7-2), ``Mobile Source Emissions Budget'' of
the Carbon Monoxide State Implementation Plan Revision, Las Vegas Valley
Nonattainment Area, Clark County, Nevada, adopted on May 2, 2006 by the
Clark County Board of Commissioners.
(59) The following statute was submitted on March 24, 2006, by the
Governor's designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.

[[Page 426]]

(1) Title 0, Preliminary Chapter-General Provisions, of Nevada
Revised Statutes: Section 0.039, effective April 29, 1985.
(60) The following plan revision was submitted on January 23, 2003,
by the Governor's designee.
(i) Incorporation by reference.
(A) Clark County Department of Air Quality and Environmental
Management.
(1) Sections 90 and 92, adopted June 22, 2000 by the Clark County
Board of Commissioners, and amended on December 17, 2002.
(61) The following plan revision was submitted on March 26, 2003, by
the Governor's designee.
(i) Incorporation by reference.
(A) Clark County Department of Air Quality and Environmental
Management.
(1) Section 93, adopted on June 22, 2000 by the Clark County Board
of Commissioners and amended on March 4, 2003; Section 94, adopted on
June 22, 2000 by the Clark County Board of Commissioners and amended on
March 18, 2003; and, the ``Construction Activities Dust Control
Handbook'', adopted June 22, 2000 by the Clark County Board of
Commissioners and amended on March 18, 2003.
(62) The following plan revision was submitted on December 8, 2006,
by the Governor's designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) The following sections of Chapter 445B of the Nevada
Administrative Code were adopted on September 6, 2006: 445B.134,
445B.230, 445B.258, 445B.259, and 445B.260.
(63) New or amended regulations were submitted on May 5, 2006, by
the Governor's designee.
(i) Incorporation by reference.
(A) Washoe County District Health Department.
(1) Rules 010.117, 040.005, and 040.051, revised on February 23,
2006, and Rule 050.001, adopted on March 23, 2006.
(64) The following plan was submitted on February 5, 2007 by the
Governor's designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) Nevada State Implementation Plan for Interstate Transport to
Satisfy the Requirements of Clean Air Act 110(a)(2)(D)(i) for the 8-hour
Ozone and PM2.5 NAAQS Promulgated in July 1997 (January 31,
2007), adopted by the Nevada Division of Environmental Protection on
February 5, 2007.
(65) The following plan was submitted on May 30, 2007 by the
Governor's designee.
(i) Incorporation by reference.
(A) Washoe County District Health Department, Air Quality Management
Division.
(1) Maintenance Plan for the Washoe County 8-Hour Ozone Attainment
Area (April 2007), Washoe County District Health Department, excluding
appendices.
(66) The following plan revision was submitted on June 26, 2007 by
the Governor's designee. All section citations listed below refer to the
January 2007 codification of chapter 445B of the Nevada Administrative
Code as published by the Nevada Legislative Counsel Bureau.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) The following section of the Nevada Air Quality Regulations was
adopted on the date listed below and recodified as Chapter 445B of the
Nevada Administrative Code in November 1994:
(i) September 16, 1976, effective date December 4, 1976: 445B.172,
``Six-Minute Period defined.''
(2) The following section of Chapter 445 of the Nevada
Administrative Code was adopted on the date listed below and recodified
as Chapter 445B of the Nevada Administrative Code in November 1994:
(i) November 3, 1993: 445B.190, ``Stop order defined.''
(3) The following sections of Chapter 445B of the Nevada
Administrative Code were adopted on the dates listed below:
(i) October 3, 1995: 445B.225, ``Prohibited conduct: Concealment of
emissions;'' and 445B.229, ``Hazardous emissions: Order for reduction or
discontinuance.''

[[Page 427]]

(ii) August 19, 2004, effective date September 24, 2004: 445B.001,
``Definitions;'' 445B.22043, ``Sulfur emissions: Exceptions for
stationary sources;'' and 445B.2205, ``Sulfur emissions: Other processes
which emit sulfur.''
(iii) October 4, 2005: 445B.063, ``Excess emissions defined;''
445B.153, ``Regulated air pollutant defined;'' 445B.22017, ``Visible
emissions: Maximum opacity; determination and monitoring of opacity;''
445B.2202, ``Visible emissions: Exceptions for stationary sources;'' and
445B.22093, ``Organic solvents and other volatile compounds.''
(iv) March 8, 2006: 445B.275, ``Violations: Acts constituting;
notice;'' and 445B.277, ``Stop orders.''
(v) September 6, 2006: 445B.220, ``Severability.''
(4) Nevada Revised Statutes (NRS) (2003), chapter 445B, section
445B.310 (``Limitations on enforcement of federal and state regulations
concerning indirect sources'').
(67) New or amended regulations were submitted on August 20, 2007 by
the Governor's designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) Nevada Administrative Code (January 2007 codification by the
Legislative Counsel Bureau) section 445B.22083, ``Construction, major
modification or relocation of plants to generate electricity using steam
produced by burning of fossil fuels;'' and section 445B.250,
``Notification of Director: Construction, reconstruction and initial
start-up; demonstration of continuous monitoring system performance;''
adopted by the State Environmental Commission on October 4, 2005.
(68) The following plan revision was submitted on June 3, 1994 by
the Governor's designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) State Implementation Plan for a Basic Program for the Inspection
and Maintenance of Motor Vehicles for the Truckee Meadows Planning Area,
Nevada (June 1994), including the cover page through page 9.
(ii) Additional material.
(A) Nevada Division of Environmental Protection.
(1) State Implementation Plan for a Basic Program for the Inspection
and Maintenance of Motor Vehicles for the Truckee Meadows Planning Area,
Nevada (June 1994), appendix 1, appendix 2 (only the certificate of
compliance and Nevada attorney general's opinion), and appendices 3, 6,
8, and 10.
(69) The following plan revision was submitted on November 4, 2005
by the Governor's designee.
(i) Incorporation by reference.
(A) Washoe County District Health Department.
(1) Rule 040.095, ``Oxygen content of motor vehicle fuel,'' revised
on September 22, 2005.
(i) Washoe County District Board of Health Meeting, September 22,
2005, Public Hearing--Amendments--Washoe County District Board of Health
Regulations Governing Air Quality Management; to Wit: Rule 040.095
(Oxygen Content of Motor Vehicle Fuel).
(2) Redesignation Request and Maintenance Plan for the Truckee
Meadows Carbon Monoxide Non-Attainment Area (September 2005), excluding
appendices B, C, and D.
(70) The following plan revision was submitted on November 2, 2006
by the Governor's designee.
(i) Incorporation by reference.
(A) Washoe County District Health Department.
(1) Basic I/M Performance Standard, excluding appendices A through
D.
(i) Washoe County District Board of Health Meeting, September 28,
2006, Public Hearing--State Implementation Plan (SIP)--``Basic Program--
Inspection and Maintenance (I/M) of Motor Vehicles--Truckee Meadows
Planning Area, Nevada;'' to Wit: Basic Inspection and Maintenance (I/M)
Performance Standard.
(ii) Additional material.
(A) Washoe County District Health Department.
(1) Basic I/M Performance Standard, appendices A through D.
(71) The following plan revision was submitted on May 11, 2007 by
the Governor's designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) New or amended statutes related to mobile sources, including
Nevada's

[[Page 428]]

vehicle inspection and maintenance program in Las Vegas Valley/Boulder
City and Truckee Meadows: Nevada Revised Statutes (2005), chapter 365,
section 365.060, ``Motor vehicle fuel defined;'' chapter 366, section
366.060, ``Special fuel defined;'' chapter 445B, sections 445B.210,
``Powers of Commission,'' 445B.700, ``Definitions,'' 445B.705,
``Approved inspector defined,'' 445B.710, ``Authorized inspection
station defined,'' 445B.715, ``Authorized maintenance station defined,''
445B.720, ``Authorized station defined,'' 445B.725, ``Commission
defined,'' 445B.730, ``Evidence of compliance defined,'' 445B.735,
``Fleet station defined,'' 445B.737, ``Heavy-duty motor vehicle
defined,'' 445B.740, ``Light-duty motor vehicle defined,'' 445B.745,
``Motor vehicle defined,'' 445B.747, ``Motor vehicle fuel defined,''
445B.750, ``Passenger car defined,'' 445B.755, ``Pollution control
device defined,'' 445B.757, ``Special fuel defined,'' 445B.758, ``Used
motor vehicle defined,'' 445B.759, ``Inapplicability to military
tactical vehicles,'' 445B.760, ``Authority of Commission to prescribe
standards for emissions from mobile internal combustion engines;
trimobiles; standards pertaining to motor vehicles to be approved by
Department of Motor Vehicles,'' 445B.765, ``Information concerning
program for control of emissions from motor vehicles: Collection,
interpretation and correlation; public inspection,'' 445B.770,
``Regulations of Commission: Control of emissions from motor vehicles;
program for inspection and testing of motor vehicles,'' 445B.775,
``Regulations of Commission: Requirements for licensing of stations by
Department of Motor Vehicles,'' 445B.780, ``Program for regulation of
emissions from heavy-duty motor vehicles; equipment used to measure
emissions; waiver from requirements of program,'' 445B.785,
``Regulations of Department of Motor Vehicles: Licensing of stations;
performance of inspection and issuance of evidence of compliance;
diagnostic equipment; fee, bond or insurance; informational pamphlet;
distribution,'' 445B.790, ``Regulations concerning inspection of
stations; grounds for denial, suspension or revocation of license of
inspector or station,'' 445B.795, ``Compulsory program for control of
emissions: Limitations,'' 445B.798, ``Authority of Department of Motor
Vehicles, in larger counties, to conduct test of emissions from motor
vehicle being operated on highway,'' 445B.800, ``Evidence of compliance:
Requirements for registration, sale or long-term lease of used vehicles
in certain counties,'' 445B.805, ``Evidence of compliance: Exemptions
from requirements,'' 445B.810, ``State Department of Conservation and
Natural Resources to provide assistance,'' 445B.815, ``Evidence of
compliance: Duty of employees and agents of Department of Motor
Vehicles; submission by owner or lessee of fleet,'' 445B.820,
``Installation and inspection of pollution control device,'' 445B.825,
``Exemption of certain classes of motor vehicles; waiver from provisions
of NRS 445B.770 to 445B.815, inclusive,'' 445B.830, ``Fees to be paid to
Department of Motor Vehicles; Pollution Control Account; expenditure of
money in Account; quarterly distributions to local governments; annual
reports by local governments; grants; creation and duties of advisory
committee; submission and approval of proposed grants,'' 445B.832,
``Surcharge for electronic transmission of information: Authority to
impose; inclusion as separate entry on form certifying emission control
compliance; definition,'' 445B.834, ``Additional fee for form certifying
emission control compliance: Retention of portion of fee by station
performing inspection; definition,'' 445B.835, ``Administrative fine;
hearing; additional remedies to compel compliance,'' 445B.840,
``Unlawful acts,'' and 445B.845, ``Criminal penalty; enforcement of
provisions by peace officer; mitigation of offense;'' chapter 481,
sections 481.019, ``Creation; powers and duties,'' 481.023,
``Administration of laws by Department; exceptions,'' 481.027, ``General
functions of Department of Motor Vehicles and Department of
Transportation respecting state highways,'' 481.031, ``Office of
Director of Department created,'' 481.035, ``Director of Department:
Appointment; classification; other employment prohibited; employment of
deputies and

[[Page 429]]

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

[[Page 430]]

and fees required for registration; refund of tax erroneously or
illegally collected,'' 482.230, ``Grounds requiring refusal of
registration,'' 482.235, ``Registration indexes and records; assignment
of registration number by registered dealer,'' 482.240, ``Issuance of
certificates of registration and title by Department or registered
dealer; period of validity of certificate,'' 482.245, ``Contents of
certificates of registration and title,'' 482.255, ``Placement of
certificate of registration; surrender upon demand of peace officer,
justice of the peace or deputy of Department; limitation on
conviction,'' 482.260, ``Duties of Department of Motor Vehicles and its
agents relative to registration of vehicle; issuance of certificate of
title; fees and taxes,'' 482.265, ``License plates issued upon
registration; stickers, tabs or other devices issued upon renewal of
registration; return of plates; fee for and limitations on issuance of
special license plates,'' 482.266, ``Manufacture of license plates
substantially similar to license plates issued before January 1, 1982:
Written request; fee; delivery; duties of Department; retention of old
plates authorized if requested plates contain same letters and
numbers,'' 482.267, ``License plates: Production at facility of
Department of Corrections,'' 482.268, ``License plates: Additional fee
for issuance; deposit of fee,'' 482.270, ``License plates: General
specifications; redesign; configuration of special license plates
designed, prepared and issued pursuant to process of direct application
and petition,'' 482.2703, ``License plates: Samples; form; fee;
penalty,'' 482.2705, ``License plates: Passenger cars and trucks,''
482.271, ``License plates: Decals; fees,'' 482.2715, ``License plates:
Registrant entitled to maintain code if continuously renewed;
exceptions; issuance of replacement plates with same code after
expiration of registration; fee,'' 482.2717, ``License plates to be
issued to automobile wreckers and operators of salvage pools,'' 482.272,
``License plates: Motorcycles,'' 482.274, ``License plates: Trailers,''
482.275, ``License plates: Display,'' 482.280, ``Expiration and renewal
of registration,'' 482.2805, ``Department not to renew registration if
local authority has filed notice of nonpayment pursuant to NRS 484.444;
fee for service performed by Department,'' 482.2807, ``Requirements for
registration if local government has filed notice of nonpayment pursuant
to NRS 484.444,'' 482.281, ``Authority of Department of Motor Vehicles
to allow authorized inspection station or authorized station to renew
certificates of registration; adoption of regulations,'' 482.283,
``Change of name or place of residence: Notice to Department required;
timing and contents of notice,'' 482.285, ``Certificates, decals and
number plates: Illegibility, loss, mutilation or theft; obtaining of
duplicates or substitutes; fees and taxes,'' 482.290, ``Assignment and
recording of new number for identification of vehicle if old number
destroyed or obliterated; fee; penalty for willful defacement,
alteration, substitution or removal of number with intent to defraud,''
482.385, ``Registration of vehicle of nonresident owner not required;
exceptions; registration of vehicle by person upon becoming resident of
this State; penalty; taxes and fees; surrender or nonresident license
plates and registration certificate; citation for violation,'' 482.461
``Failure of mandatory test of emissions from engines; notification;
cost of inspection,'' 482.565, ``Administrative fines for violations
other than deceptive trade practices; injunction or other appropriate
remedy; enforcement proceedings;'' and chapter 484, sections 484.101,
``Passenger car defined,'' 484.644, ``Device for control of pollution:
Use required; disconnection or alteration prohibited; exceptions,'' and
484.6441, ``Device for control of pollution: Penalty; proof of
conformity may be required.''
(2) New or amended rules related to mobile sources, including
Nevada's vehicle inspection and maintenance program in Las Vegas Valley/
Boulder City and Truckee Meadows: Nevada Administrative Code, chapter
445B (January 2007 revision by the Legislative Counsel Bureau), sections
445B.400, ``Scope,'' 445B.401, ``Definitions,'' 445B.403, ``Approved
inspector defined,'' 445B.4045, ``Authorized inspection station
defined,'' 445B.405, ``Authorized station defined,'' 445B.408, ``Carbon
monoxide defined,'' 445B.409, ``Certificate of compliance defined,''
445B.4092, ``Certified on-board diagnostic system defined,''

[[Page 431]]

445B.4096, ``Class 1 approved inspector defined,'' 445B.097, ``Class 1
fleet station defined,'' 445B.098, ``Class 2 approved inspector
defined,'' 445B.4099, ``Class 2 fleet station defined,'' 445B.410,
``CO2 defined,'' 445B.411, ``Commission defined,'' 445B.413,
``Department defined,'' 445B.415, ``Director defined,'' 445B.416,
``Emission defined,'' 445B.418, ``EPA defined,'' 445B.419, ``Established
place of business defined,'' 445B.420, ``Evidence of compliance
defined,'' 445B.421, ``Exhaust emissions defined,'' 445B.422, ``Exhaust
gas analyzer defined,'' 445B.424, ``Fleet station defined,'' 445B.4247,
``Gross vehicle weight rating defined,'' 445B.426, ``Heavy-duty motor
vehicle defined,'' 445B.427, ``Hydrocarbon defined,'' 445B.428, ``Hz
defined,'' 445B.432, ``Light-duty motor vehicle defined,'' 445B.433,
``Mini motor home defined,'' 445B.434, ``Motor home defined,'' 445B.435,
``Motor vehicle defined,'' 445B.440, ``New motor vehicle defined,''
445B.442, ``Opacity defined,'' 445B.443, ``Person defined,'' 445B.444,
``ppm defined,'' 445B.449, ``Smoke defined,'' 445B.450, ``Special mobile
equipment defined,'' 445B.451, ``Standard defined,'' 445B.4515, ``State
electronic data transmission system defined,'' 445B.452, ``Tampering
defined,'' 445B.4525, ``Test station defined,'' 445B.453, ``Truck
defined,'' 445B.454, ``Used motor vehicle defined,'' 445B.455, ``Van
conversion defined,'' 445B.4553, ``Vehicle inspection report defined,''
445B.4556, ``Vehicle inspection report number defined,'' 445B.456,
``Severability,'' 445B.460, ``Test station: License required to operate;
expiration of license; ratings; performance of certain services;
prohibited acts; location,'' 445B.461, ``Compliance by Federal
Government, state agencies and political subdivisions,'' 445B.462,
``Test station: Application for license to operate; inspection of
premises; issuance of license,'' 445B.463, ``Test station: Grounds for
denial, revocation or suspension of license; reapplication; permanent
revocation of license,'' 445B.464, ``Test station: Hearing concerning
denial, suspension or revocation of license,'' 445B.465, ``Authorized
station or authorized inspection station: Requirements for bond or
deposit,'' 445B.466, ``Authorized station or authorized inspection
station: Liability under bond or deposit; suspension and reinstatement
of licenses,'' 445B.467, ``Authorized station or authorized inspection
station: Disbursement, release or refund of bond or deposit,'' 445B.468,
``Authorized stations and authorized inspection stations: Scope of
coverage of bond or deposit,'' 445B.469, ``Authorized station or
authorized inspection station: Posting of signs and placards,''
445B.470, ``Test station: Display of licenses; availability of reference
information,'' 445B.471, ``Test station: Advertising; provision by
Department of certain informational material for public,'' 445B.472,
``Test station: Records of inspections and repairs; inspection of place
of business; audit of exhaust gas analyzers,'' 445B.473, ``Test station:
Notice of wrongfully distributed or received vehicle inspection reports;
inventory of vehicle inspection reports,'' 445B.474, ``Test station:
Failure to employ approved inspector,'' 445B.475, ``Authorized station
or class 2 fleet station: Requirements for employees,'' 445B.476, ``Test
station: Willful failure to comply with directive; suspension of
license; reapplication after revocation of license,'' 445B.478, ``Fleet
station: Licensing; powers and duties,'' 445B.480, ``Test station:
Requirements concerning business hours,'' 445B.485, ``Prerequisites to
licensing,'' 445B.486, ``Examination of applicants for licensing,''
445B.487, ``Denial of license,'' 445B.489, ``Grounds for denial,
suspension or revocation of license,'' 445B.490, ``Hearing on suspension
or revocation of license,'' 445B.491, ``Temporary suspension or refusal
to renew license,'' 445B.492, ``Duration of suspension; surrender of
license,'' 445B.493, ``Limitation on reapplication after revocation or
denial or license; surrender of revoked license; permanent revocation of
license,'' 445B.495, ``Contents of license,'' 445B.496, ``Expiration of
license,'' 445B.497, ``Requirements for renewal of license,'' 445B.498,
``Performance of emission inspection without license prohibited;
expiration of license; license ratings,'' 445B.4983, ``Issuance of
access code to approved inspector; use of access code and identification
number,'' 445B.4985, ``Violations,'' 445B.499, ``Fees,'' 445B.501,
``Report of change in place of employment or termination of

[[Page 432]]

employment,'' 445B.502, ``Submission of certificate of employment to
report change,'' 445B.5049, ``Connection to state electronic data
transmission system,'' 445B.505, ``Availability of list of approved
analyzers and their specifications,'' 445B.5052, ``Approved analyzer:
Use and equipment; deactivation by Department,'' 445B.5055, ``Revocation
of approval of analyzer,'' 445B.5065, ``Manufacturer of approved
analyzer: Required warranty,'' 445B.5075, ``Manufacturer of approved
analyzer: Required services; administrative fine for violations,''
445B.575, ``Device to control pollution: General requirement; alteration
or modification,'' 445B.576, ``Vehicles powered by gasoline or diesel
fuel: Restrictions on visible emissions and on idling of diesel
engines,'' 445B.577, ``Devices used on stationary rails: Restrictions on
visible emissions,'' 445B.578, ``Exceptions to restrictions on visible
emissions,'' 445B.579, ``Inspection of vehicle: Devices for emission
control required,'' 445B.580, ``Inspection of vehicle: Procedure for
certain vehicles with model year of 1995 or older and heavy-duty
vehicles with model year of 1996 or newer,'' 445B.5805, ``Inspection of
vehicle: Procedure for light-duty vehicles with model year of 1996 or
newer,'' 445B.581, ``Inspection of vehicle: Place and equipment for
performance,'' 445B.5815, ``Inspection of vehicle: Certified on-board
diagnostic systems,'' 445B.582, ``Repair of vehicle; reinspection or
testing,'' 445B.583, ``Evidence of compliance: Purpose; records,''
445B.584, ``Evidence of compliance: Purchase of vehicle inspection
report numbers,'' 445B.585, ``Evidence of compliance: Issuance by
approved inspector,'' 445B.586, ``Evidence of compliance: Return of
fee,'' 445B.587, ``Test of light-duty motor vehicles powered by diesel
engines: Equipment for measurement of smoke opacity,'' 445B.588,
``Testing of light-duty motor vehicles powered by diesel engines: List
of approved equipment,'' 445B.589, ``Testing of light-duty motor
vehicles powered by diesel engines: Procedure; certificate of
compliance; effect of failure; lack of proper fuel cap,'' 445B.5895,
``Dissemination of list of authorized stations,'' 445B.590, ``Waiver of
standards for emissions,'' 445B.591, ``Form for registration of vehicle
in area where inspection of vehicle not required,'' 445B.5915,
``Requirements for registration of vehicle temporarily being used and
maintained in another state,'' 445B.592, ``Applicability of certain
standards for emissions and other requirements,'' 445B.593, ``Evidence
of compliance required for certain vehicles based in Clark County,''
445B.594, ``Evidence of compliance required for certain vehicles based
in Washoe County,'' 445B.595 (excluding subsection(2)), ``Inspections of
vehicles owned by State or political subdivisions or operated on federal
installations,'' 445B.596, ``Standards for emissions,'' 445B.598,
``Imposition and statement of fee for inspection and testing; listing of
stations and fees,'' 445B.599, ``Prescription and notice of maximum fees
for inspections and testing,'' 445B.600, ``Procedure for setting new
fee,'' 445B.601, ``Concealment of emissions prohibited,'' 445B.6115,
``Exemption of vehicle from certain provisions,'' 445B.6125,
``Certification of vehicle for exemption,'' 445B.7015, ``Annual and
additional inspections,'' 445B.7025, ``Alteration of emission control
system of vehicle used to conduct inspection,'' 445B.7035, ``Preliminary
written notice of violation; reinspection of vehicle,'' 445B.7045,
``Administrative fines and other penalties for certain violations,''
445B.727, ``Administrative fines and other penalties,'' and 445B.735,
``Program for licensure to install, repair and adjust devices for
control of emissions.''
(3) Previously approved on July 3, 2008, in paragraph
(c)(71)(i)(A)(2) of this section and now deleted from the SIP without
replacement: Nevada Administrative Code (NAC) section: 445B.461(3)(d).
(4) New or amended rules related to mobile sources, including
Nevada's vehicle inspection and maintenance program in Las Vegas Valley/
Boulder City and Truckee Meadows: Nevada Administrative Code, chapter
445B (January 2007 revision by the Legislative Counsel Bureau),
paragraphs (a), (b), and (c) of subsection (2) of section 445B.595,
``Inspections of vehicles owned by State or political subdivisions or
operated on federal installations.''
(ii) Additional material.
(A) Nevada Division of Environmental Protection.

[[Page 433]]

(1) Correspondence dated March 6, 2007 from the Nevada Department of
Motor Vehicles to the Nevada Division of Environmental Protection
describing an upgrade to the NV2000 emission analyzer to make emissions
testing possible on motor vehicles containing a certified on-board
diagnostic system which uses controller area network communication.
(72) The following plan revision was submitted on April 1, 2008, by
the Governor's designee.
(i) Incorporation by reference.
(A) Clark County Department of Air Quality and Environmental
Management.
(1) Clark County Transportation Conformity Plan (January 2008),
adopted by the Clark County Board of County Commissioners on January 15,
2008.
(73) The following plan revision was submitted on September 18,
2008, by the Governor's designee.
(i) [Reserved]
(ii) Additional material.
(A) Resolution of the Clark County Board of Commissioners Adopting
the Clark County Carbon Monoxide Redesignation Request and Maintenance
Plan, adopted by the Clark County Board of Commissioners on September 2,
2008.
(B) Carbon Monoxide Redesignation Request and Maintenance Plan, Las
Vegas Valley Nonattainment Area, Clark County, Nevada (September 2008),
adopted by the Clark County Board of Commissioners on September 2, 2008
(excluding the appendices).
(74) The following plan revision was submitted on March 26, 2010 by
the Governor's designee.
(i) Incorporation by reference.
(A) Clark County Department of Air Quality and Environmental
Management.
(1) Clark County Board of County Commissioners, Ordinance No. 3809,
``An Ordinance to Suspend the Applicability and Enforceability of All
Provisions of Clark County Air Quality Regulation Section 54, the
Cleaner Burning Gasoline Wintertime Program; and Provide for Other
Matters Properly Relating Thereto,'' adopted September 15, 2009,
effective (for state purposes) on September 29, 2009.
(B) Nevada Department of Agriculture.
(1) Nevada Board of Agriculture, Adopted Regulation of the State
Board of Agriculture LCB File No. R111-08, including an amended version
of Nevada Administrative Code (NAC) section 590.065, effective (for
state purposes) on January 28, 2010, (excluding newly designated
subsection (7) of NAC section 590.065).
(75) The following plan revision was submitted on August 30, 2010,
by the Governor's designee.
(i) [Reserved]
(ii) Additional material.
(A) Letter from Anthony Lesperance, Director, Nevada Department of
Nevada, to Lewis Wallenmeyer, Director, Clark County Department of Air
Quality and Environmental Management, dated June 22, 2010, setting forth
the Nevada Department of Agriculture's commitment to seek reinstatement
of the Low RVP wintertime gasoline requirement in Clark County if
necessary under the Las Vegas Valley Carbon Monoxide Maintenance Plan to
address future carbon monoxide violations.

[37 FR 10878, May 31, 1972]

Editorial Note: For Federal Register citations affecting Sec.
52.1490, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.

Sec. 52.1491 Interstate transport.

(a) Approval. On February 7, 2007, the Nevada Division of
Environmental Protection submitted the ``Nevada State Implementation
Plan for Interstate Transport to Satisfy the Requirements of the Clean
Air Act 110(a)(2)(D)(i) for the 8-hour Ozone and PM2.5 NAAQS
Promulgated in July 1997'' (``2007 Interstate Transport SIP''). The 2007
Interstate Transport SIP meets the requirements of Clean Air Act section
110(a)(2)(D)(i) for the 1997 8-hour ozone and 1997 PM2.5
NAAQS other than the requirements of Clean Air Act section
110(a)(2)(D)(i)(II) regarding interference with other states' measures
to protect visibility.
(b) Approval. The requirements of Clean Air Act section
110(a)(2)(D)(i)(II) regarding interference with other states' measures
to protect visibility for the 1997 8-hour ozone and 1997
PM2.5

[[Page 434]]

NAAQS are met by the ``Nevada Regional Haze State Implementation Plan,''
as supplemented and amended on February 18, 2010 and September 20, 2011.

[77 FR 17341, Mar. 26, 2012]

Subpart EE_New Hampshire

Sec. 52.1519 Identification of plan--conditional approval.

(a) The following plan revisions were submitted on the dates
specified.
(1) On January 12, 1993, the New Hampshire Department of
Environmental Services submitted a small business stationary source
technical and environmental compliance assistance program (PROGRAM). On
May 19, 1994, New Hampshire submitted a letter deleting portions of the
January 12, 1993 submittal. In these submissions, the State commits to
designate a state agency to house the small business ombudsman and to
submit adequate legal authority to establish and implement a compliance
advisory panel and a small business ombudsman. Additionally, the State
commits to have a fully operational PROGRAM by November 15, 1994.
(i) Incorporation by reference.
(A) Letter from the New Hampshire Department of Environmental
Services dated January 12, 1993 submitting a revision to the New
Hampshire State Implementation Plan.
(B) State Implementation Plan Revision for a Small Business
Technical and Environmental compliance Assistance Program dated January
12, 1993.
(C) Letter from the New Hampshire Department of Environmental
Services dated May 19, 1994 revising the January 12, 1993 submittal.
(ii) Additional materials.
(A) Non-regulatory portions of the State submittal.
(2) [Reserved]
(3) 1997 PM2.5 NAAQS: The 110(a)(2) infrastructure SIP
submitted on April 3, 2008, with a supplement submitted on July 3, 2012,
is conditionally approved for Clean Air Act (CAA) elements 110(a)(2)(A),
(C) only as it relates to the PSD program, (D)(i)(II) only as it relates
to the PSD program, (E)(ii), and (J) only as it relates to the PSD
program. This conditional approval is contingent upon New Hampshire
taking actions to meet requirements of these elements within one year of
conditional approval, as committed to in a letter from the state to EPA
Region 1 dated June 29, 2012.
(4) 2006 PM2.5 NAAQS: The 110(a)(2) infrastructure SIP
submitted on September 18, 2009, with a supplement submitted on July 3,
2012, is conditionally approved for CAA elements 110(a)(2)(A), (C) only
as it relates to the PSD program, (D)(i)(II) only as it relates to the
PSD program, (E)(ii), and (J) only as it relates to the PSD program.
This conditional approval is contingent upon New Hampshire taking
actions to meet requirements of these elements within one year of
conditional approval, as committed to in a letter from the state to EPA
Region 1 dated June 29, 2012.
(b)-(c) [Reserved]

[59 FR 50506, Oct. 4, 1994, as amended at 59 FR 51517, Oct. 12, 1994; 60
FR 47290, Sept. 12, 1995; 66 FR 1871, Jan. 10, 2001; 77 FR 63233, Oct.
16, 2012]

Sec. 52.1520 Identification of plan.

(a) Purpose and scope. This section sets forth the applicable State
Implementation Plan for New Hampshire under section 110 of the Clean Air
Act, 42 U.S.C. 7410 and 40 CFR part 51 to meet national ambient air
quality standards or other requirements under the Clean Air Act.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to August
18, 2009, was approved for incorporation by reference by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Material is incorporated as submitted by the state to EPA, and
notice of any change in the material will be published in the Federal
Register. Entries for paragraphs (c) and (d) of this section with EPA
approval dates after August 18, 2009, will be incorporated by reference
in the next update to the SIP compilation.
(2) EPA Region 1 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated State
rules/regulations which have been approved as part of the State

[[Page 435]]

Implementation Plan as of August 18, 2009.
(3) Copies of the materials incorporated by reference may be
inspected at the Environmental Protection Agency, New England Regional
Office, 5 Post Office Square--Suite 100, Boston, MA 02109-3912; Air and
Radiation Docket and Information Center, EPA West Building, 1301
Constitution Ave., NW., Washington, DC 20460; and the National Archives
and Records Administration (NARA). If you wish to obtain materials from
the EPA Regional Office, please call (617) 918-1668; for materials from
a docket in the EPA Headquarters Library, please call the Office of Air
and Radiation (OAR) Docket at (202) 566-1742. For information on the
availability of this material at NARA, call (202) 741-6030, or go to:
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
(c) EPA approved regulations.

EPA-Approved New Hampshire Regulations
----------------------------------------------------------------------------------------------------------------
State EPA approval
State citation Title/subject effective date date\1\ Explanations
----------------------------------------------------------------------------------------------------------------
Env-A 100........................ Organizational 12/21/2010 2/6/2012, 77 FR Added sections
Rules: Definitions. 5700. 101.35, Env-A
101.96, and Env-A
101.115.
Env-A 200........................ Procedural Rules... 7/23/2001 10/28/2002, 67 FR Parts Env-A 206;
65710. 208; and Sections
Env-A 209.01
through 209.04 are
not part of the
approved SIP.
Env-A-300........................ Ambient Air Quality 4/21/1989 8/19/1994, 59 FR Part Env-A 304 is
Standards. 42766. not part of the
approved SIP.
Env-A 400........................ Sulfur Content 12/24/1990 8/14/1992, 57 FR Section Env-A
Limits in Fuels. 36603. 405.05 (c) and
(d); and Part Env-
A 406 are not part
of the SIP.
Env-A 600........................ Statewide Permit 12/21/2010 2/6/2012, 77 FR Added section Env-A
System. 5700. 619.03(b)-(e).
Env-A 700........................ Permit Fee System.. 12/24/1990 8/14/1992, 57 FR Approved Parts Env-
36603. A 701 through 705.
Env-A 800........................ Testing and 10/31/2002; 12/ 11/5/2012, 77 FR Approved Sections
Monitoring 22/2004 66388. Env-A 801 through
Procedures. 806, 808 and 809
of New Hampshire's
air emission
testing and
monitoring
requirements.
Env-A 900........................ Owner or Operator 04/21/2007 11/5/12, 77 FR Approved Env-A 900
Obligations. 66388. through 906,
907.01(a) and
(b)(1) through
(b)(4), 907.02 and
.03, 908 through
910, and 911.01
through 911.04.
Env-A 1000....................... Prevention, 5/19/1989 8/19/1994, 59 FR Approved Part Env-A
Abatement, and 42766. 1001.
Control of Open
Source Air
Pollution.
Env-A 1200....................... Volatile Organic 05/26/11 11/8/12, 77 FR Approved PART Env-A
Compounds (VOCs) 66921. 1201 through 1222
Reasonably for the following
Available Control CTG categories:
Technology (RACT). Fiberglass boat
manufacturing
materials; flat
wood paneling
coatings; flexible
package printing;
industrial
cleaning solvent;
metal furniture
coatings;
miscellaneous
industrial
adhesives;
miscellaneous
metal parts and
plastic parts
coatings; offset
lithographic
printing and
letterpress
printing; and
paper, film, and
foil coatings.

[[Page 436]]

Env-A 1500....................... Conformity......... 10/1/2011 11/29/2013, 78 FR
71504.
Env-A 2300....................... Mitigation of 1/8/11 8/22/12, 77 FR
Regional Haze. 50607.
Env-A 2703.02(a)................. Hot Mix Asphalt 11/4/2004 8/22/2012, 77 FR Adopted Regulation
Plants. 50608 established Hot
Mix Asphalt Plant
Requirements.
Env-A 3200....................... NOx Budget Trading 7/27/1998 11/14/2000, 65 FR Approved Parts Env-
Program. 68078. A 3201 through
3218.
Env-A 3600....................... National Low 7/21/1999 3/9/2000, 65 FR Approved Parts Env-
Emission Vehicle 12476. A 3601 through
(National LEV) 3603
Program.
Env-Or 500....................... Recovery of 11/17/2012 5/29/2014, 79 FR Includes
Gasoline Vapors. 30735. decommissioning of
Stage II vapor
recovery systems.
Saf-C 3200....................... Official Motor 6/22/07 and 6/ 1/25/13, 78 FR 592. EPA is approving
Vehicle Inspection 20/08 submitted
Requirements. subsections Saf-C
3201, 3202, 3203,
3204, 3205,
3206.04, 3207.01,
3209, 3210, 3218,
3220, and 3222
(except for
subsection
3222.04).
Saf-C 5800....................... Roadside Diesel 1/1/99 1/25/13, 78 FR 5292 Approving submitted
Opacity Inspection. regulation with
the exception of
subsection Saf-C
5805.
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.

(d) EPA-approved State Source specific requirements.

EPA-Approved New Hampshire Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
Additional
Name of source Permit No. State EPA approval date explanations/Sec.
effective date \2\ 52.1535 citation
----------------------------------------------------------------------------------------------------------------
The James River--Berlin/Gorham, ................... 5/2/1984 9/27/1984, 49 FR See 52.1535(c)(33).
Inc. Berlin, NH. 38104. Administrative
order issued May
2, 1984 to the
James River
Corporation.
Operating limits for boilers at Permit Number PO-B- 1/6/1986 2/2/1987, 52 FR See 52.1535(c)(35).
Dartmouth College. 1501, condition 5. 3117.
Operating limits for boilers at Permit Number PO-B- 1/6/1986 2/2/1987, 52 FR See 52.1535(c)(35).
Dartmouth College. 1502, condition 5. 3117.
Operating limits for boilers at Permit No. PO-B- 1/6/1986 2/2/1987, 52 FR See 52.1535(c)(35).
Dartmouth College. 1503, condition 5. 3117.
Operating limits for boilers at Temporary Permit TP- 1/6/1986 2/2/1987, 52 FR See 52.1535(c)(35).
Dartmouth College. B-150, condition 3117.
2, 3 and 4.
The James River Corporation, Permit Number PO-B- 9/6/1985 12/14/1987, 52 FR See 52.1535(c)(38).
Groveton, NH. 1550, Conditions 47392. The air permit
5B, 5C, and 5D. conditions limit
sulfur-in-fuel
content to 2.2%
sulfur by weight
at the James River
Corporation,
Groveton, NH.
The James River Corporation, Permit Number PO-B- 9/6/1985 12/14/1987, 52 FR See 52.1535(c)(38).
Groveton, NH. 213, Conditions 2 47392. The air permit
and 5A. conditions limit
sulfur-in-fuel
content to 2.2%
sulfur by weight
at the James River
Corporation,
Groveton, NH.

[[Page 437]]

The James River Corporation, Permit No. PO-B- 9/6/1985 12/14/1987, 52 FR See 52.1535(c)(38).
Groveton, NH. 214, Conditions 2 47392. The air permit
and 5A. conditions limit
sulfur-in-fuel
content to 2.2%
sulfur by weight
at the James River
Corporation,
Groveton, NH.
The James River Corporation, Permit No. PO-B- 9/6/1985 12/14/1987, 52 FR See 52.1535(c)(38).
Groveton, NH. 215, Conditions 2 47392. The air permit
and 5A. conditions limit
sulfur-in-fuel
content to 2.2%
sulfur by weight
at the James River
Corporation,
Groveton, NH.
The James River Corporation, Permit No. PO-BP- 9/6/1985 12/14/1987, 52 FR See 52.1535(c)(38).
Groveton, NH. 2240, Condition 5B. 47392. The air permit
conditions limit
sulfur-in-fuel
content to 2.2%
sulfur by weight
at the James River
Corporation,
Groveton, NH.
Source specific NOX RACT order Order ARD-95-001... 5/10/1995 4/9/1997, 62 FR See 52.1535(c)(50).
for Groveton Paperboard Corp., 17087.
Groveton, NH.
Source specific NOX RACT order Order ARD-95-002... 9/12/1995 4/9/1997, 62 FR See 52.1535(c)(50).
for Plymouth Cogeneration Ltd. 17087.
Partnership, Plymouth, NH.
Source specific NOX RACT order Order ARD-95-003... 9/19/1995 4/9/1997, 62 FR See 52.1535(c)(50).
for Waterville Valley Ski Area 17087.
Ltd., Waterville Valley, NH.
VOC RACT for L.W. Packard and Order ARD-94-001... 5/5/1995 3/10/1998, 63 FR See 52.1535(c)(51).
Company, Inc. Ashland, NH. 11600.
VOC RACT for Kalwall Corporation, Order ARD-95-010... 9/10/1996 3/10/1998, 63 FR See 52.1535(c)(51).
Manchester, NH. 11600.
VOC RACT for Textile Tapes Order ARD-96-001... 10/4/1996 3/10/1998, 63 FR See 52.1535(c)(51).
Corporation, Gonic, NH. 11600.
Source specific NOX RACT order Order ARD-97-001... 4/14/1997 5/13/1998, 63 FR See 52.1535(c)(54).
for Public Service of New 26455.
Hampshire, Bow, NH.
Source specific NOX RACT order Order ARD-95-011... 5/6/1997 5/13/1998, 63 FR See 52.1535(c)(54).
for Hampshire Chemical 26455.
Corporation, Nashua, NH.
Source specific NOX RACT order Order ARD-97-003... 9/24/1997 5/13/1998, 63 FR See 52.1535(c)(54).
for Crown Vantage, Berlin, NH. 26455.
Source-specific NOX RACT order Order ARD-98-001... 7/17/1998 11/14/2000, 65 FR See 52.1535(c)(64).
and discrete emission reduction 68078.
protocols for Public Service of
New Hampshire.
VOC RACT for Anheuser-Busch, Order ARD-00-001... 4/15/2002 7/23/2002, 67 FR See 52.1535(c)(68).
Merrimack, NH. 48033.
PSNH Merrimack Station........... TP-0008............ 7/8/2011 8/22/2012, 77 FR Flue Gas
50602. Desulfurization
System.
Concord Litho Group.............. ARD-07-003......... 9/17/2007 11/5/2012, 77 FR Single source VOC
66388. RACT order for
facility in
Concord, NH.
Hitchiner Manufacturing.......... ARD-02-001......... 6/21/2002 11/5/2012, 77 FR Single source VOC
66388. RACT order for
facility in
Milford, NH.

[[Page 438]]

Hutchinson Sealing Systems....... ARD-01-002......... 8/8/2002 11/5/2012, 77 FR Single source VOC
66388. RACT order for
facility in
Newfields, NH.
Kalwall Corporation.............. ARD-99-001......... 11/20/2011 11/5/2012, 77 FR Single source VOC
66388. RACT order for
facility in
Manchester, NH.
Metal Works...................... ARD-05-001......... 12/22/2004 11/5/2012, 77 FR Single source VOC
66388. RACT order for
facility in
Londonderry, NH.
Parker-Hanifan Corporation....... ARD-03-001......... 7/18/2002 11/5/2012, 77 FR Single source VOC
66388. RACT order for
facility in
Hudson, NH.
Polyonics........................ ARD-99-001......... 12/28/2007 11/5/2012, 77 FR Single source VOC
66388. RACT order for
facility in
Westmoreland, NH.
Sturm, Ruger & Company........... ARD-03-001......... 12/1/2003 11/5/2012, 77 FR Single source VOC
66388. RACT order for
facility located
in Newport, NH.
Textile Tapes Corporation........ ARD-96-001......... 8/10/2007 11/5/2012, 77 FR Single source VOC
66388. RACT order for
facility in Gonic,
NH.
TFX Medical Incorporated......... ARD-07-002......... 8/7/2007 11/5/2012, 77 FR Single source VOC
66388. RACT order for
facility in
Jaffrey, NH.
Webster Valve.................... ARD-07-001......... 3/21/2007 11/5/2012, 77 FR Single source VOC
66388. RACT order for
facility in
Franklin, NH.
Anheuser Busch................... ARD-05-001......... 5/9/2005 11/5/2012, 77 FR Single source NOX
66388. RACT order for
facility in
Merrimack, NH.
Newington Energy, LLC............ ARD-04-001......... 6/20/2007 11/5/2012, 77 FR Single source NOX
66388. RACT order for
facility in
Newington, NH.
PSNH, Schiller Station........... ARD-06-001......... 8/4/2006 11/5/2012, 77 FR Single source NOX
66388. RACT order for
facility in
Portsmouth, NH.
Waste Management................. ARD-01-001......... 4/27/2012 11/5/2012, 77 FR Single source NOX
66388. RACT order for
facility in
Rochester, NH.
----------------------------------------------------------------------------------------------------------------
\2\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.

(e) Nonregulatory.

New Hampshire NonRegulatory
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of nonregulatory SIP geographic or submittal date/ EPA approved date Explanations
provision nonattainment area effective date \3\
----------------------------------------------------------------------------------------------------------------
``State of New Hampshire Statewide.......... 1/27/1972 5/31/1972, 37 FR The plan was
Implementation Plan''. 10842. officially
submitted on
January 27, 1972.
Miscellaneous non-regulatory Statewide.......... 2/23/1972 7/27/1972, 37 FR See 52.1535(c)(1).
additions to the plan correcting 15080.
minor deficiencies.
Non-regulatory provisions for Statewide.......... 3/23/1972 7/27/1972, 37 FR See 52.1535(c)(2).
retention and availability of 15080.
air quality data.
Attainment dates of national Statewide.......... 8/8/1972 9/22/1972, 37 FR See 52.1535(c)(3).
primary and secondary air 19806.
quality standards.
Compliance schedules............. Statewide.......... 2/14/1973 6/20/1973, 38 FR See 52.1535(c)(5).
16144.
Compliance schedules............. Statewide.......... 3/22/1973 6/20/1973, 38 FR See 52.1535(c)(6).
16144.

[[Page 439]]

Revision exempting steam Statewide.......... 4/3/1973 12/14/1973, 38 FR See 52.1535(c)(7).
locomotives from the plan. 34476.
AQMA identification material..... Statewide.......... 5/20/1974 6/2/1975, 40 FR See 52.1535(c)(9).
23746.
Attainment plans to meet the Statewide.......... 5/29/1979 4/11/1980, 45 FR See 52.1535(c)(12).
requirements of Part D for 24869.
carbon monoxide for Metropolitan
Manchester and ozone for AQCR
121, programs for the review of
construction and operation of
new and modified major
stationary sources of pollution
in both attainment and non-
attainment areas and certain
miscellaneous provisions.
November 6, 1979 letter from New Statewide.......... 11/6/1979 4/11/1980, 45 FR See 52.1535(c)(12).
Hampshire Assistant Attorney 24869.
General.
March 17, 1980 letter addressing Statewide.......... 3/17/1980 4/11/1980, 45 FR See 52.1535(c)(12).
external emission offsets. 24869.
Attainment plans to meet the Areas designated 9/19/1979 6/23/1980, 45 FR See 52.1535(c)(13).
requirements of Part D for total non-attainment for 41942.
suspended particulates and one or more
sulfur dioxide in Berlin, NH. pollutants.
A plan to provide comprehensive Statewide.......... 2/28/1980 9/9/1980, 45 FR See 52.1535(c)(15).
public participation and an 59313.
analysis of the effects of the
New Hampshire 1979 SIP revisions.
A comprehensive air quality Statewide.......... 1/30/80 12/18/1980, 45 FR See 52.1535(c)(17).
monitoring plan, intended to 83227.
meet requirements of 40 CFR Part
58.
A plan to attain and maintain the Statewide.......... 4/15/1980 7/15/1981, 46 FR See 52.1535(c)(18).
National Ambient Air Quality 36699.
Standard for lead and to amend
the state's air quality
standards.
A letter further explaining the Statewide.......... 12/9/1980 7/15/1981, 46 FR See 52.1535(c)(18).
state procedures for review of 36699.
new major sources of lead
emissions and confirming the use
of reference methods.
Revisions to meet the City of Manchester. 1/12/1981 1/7/1982, 47 FR 763 See 52.1535(c)(19).
requirements of Part D and These revisions
certain other sections of the supplement the
Clean Air Act, as amended, for 1979 CO attainment
attaining carbon monoxide plan.
standards in the City of
Manchester.
Revision to the January 12, 1981 City of Manchester. 2/18/1981 1/7/1982, 47 FR 763 See 52.1535(c)(19).
CO Attainment Plan for
Manchester, NH.

[[Page 440]]

Carbon monoxide attainment plan City of Manchester. 10/5/1982 6/27/1983, 48 FR See 52.1535
revisions for the City of 29479. (c)(23).
Manchester which meet the
requirements of Part D of the
Act for 1982 SIP revisions.
Revision to the October 5, 1982 City of Manchester. 12/20/1982 6/27/1983, 48 FR See 52.1535(c)(23).
CO Attainment Plan for 29479.
Manchester, NH.
The TSP Plan to attain primary Berlin, NH......... 5/9/1984 9/27/1984, 49 FR See 52.1535(c)(33).
standards in Berlin, New 38104.
Hampshire.
Letter from the New Hampshire Air Statewide.......... 4/26/1985 9/17/1987, 52 FR See 52.1535(c)(37).
Resources Commission submitting 35081.
revisions to the SIP.
Letter interpreting NH's Statewide.......... 1/20/1986 9/17/1987, 52 FR See 52.1535(c)(37).
regulation for Continuous 35081.
Emission Monitoring Systems.
NH Letter of intent to implement Statewide.......... 5/12/1987 9/17/1987, 52 FR See 52.1535(c)(37).
applicable emission limits 35081.
required by EPA's New Source
Performance Standard (NSPS).
Letter submitting a revision to Nashua and 11 9/12/1985 8/25/1988, 53 FR See 52.1535(c)(39).
the CO Attainment Plan for the surrounding towns. 32391. Attainment plans
City of Nashua, NH. for carbon
monoxide for the
City of Nashua
including an
extension of the
attainment date to
December 31, 1990.
Narrative submittals, including Nashua and 11 2/26/1985 8/25/1988, 53 FR See 52.1535(c)(39).
an attainment demonstration for surrounding towns. 32391.
carbon monoxide for the City of
Nashua.
Letter identifying extensions to Nashua and 11 12/3/1985 8/25/1988, 53 FR See 52.1535(c)(39).
the Nashua intersection-specific surrounding area. 32391.
measures (Build I).
Letter submitting final motor Nashua and 11 10/7/1986 8/25/1988, 53 FR See 52.1535(c)(39).
vehicle emissions inspection surrounding towns. 32391.
(I&M) program for the Nashua, NH
area.
Letter from Governor John H. Nashua and 11 3/6/1987 8/25/1988, 53 FR See 52.1535(c)(39).
Sununu to Michael R. Deland surrounding towns. 32391.
committing to take legislative
measures to convert the
Inspection/Maintenance program
in the Nashua area to the use of
computerized emission analyzers
in the event that the program is
found to not be achieving the
necessary emission reductions.

[[Page 441]]

Letter from NH DES, Air Resources Nashua and 11 5/12/1987 8/25/1988, 53 FR See 52.1535(c)(39).
Division providing additional surrounding towns. 32391.
information on Nashua
intersection-specific traffic
flow improvements in Nashua, NH
CO Attainment Plan.
Letter from NH DES, Air Resources Nashua and 11 10/15/1987 8/25/1988, 53 FR See 52.1535(c)(39).
Division submitting additions to surrounding towns. 32391.
the Nashua, NH CO Attainment
Plan.
Letter from the New Hampshire Air Statewide.......... 7/6/1989 8/19/1994, 59 FR See 52.1535(c)(40).
Resources Division dated July 6, 42766.
1989 submitting revisions to the
NH SIP.
Letter from the New Hampshire Air Statewide.......... 2/12/1991 8/14/1991, 56 FR See 52.1535(c)(41).
Resources Division dated 40252.
February 12, 1991 submitting a
revision to the NH SIP.
Nonregulatory portions of the Statewide.......... 2/12/1991 8/14/1991, 56 FR See 52.1535(c)(41).
State submittal. 40252.
Letter from the New Hampshire Air Statewide.......... 11/21/1989 6/13/1991, 56 FR See 52.1535(c)(43).
Resources Division dated 27197.
November 21, 1989 submitting a
revision to the NH SIP.
Letter from Robert W. Varney, Statewide.......... 11/21/1989 6/13/1991, 56 FR See 52.1535(c)(43).
Commissioner of the Department 27197.
of Environmental Services of New
Hampshire, to John B. Hammond,
Acting Director of the New
Hampshire Office of Legislative
Services, dated November 15,
1989, adopting final rules.
Letter from the New Hampshire Air Statewide.......... 9/12/1990 12/12/1991, 56 FR See 52.1535(c)(44).
Resources Division dated 64703.
September 12, 1990 submitting a
revision to the NH SIP that
withdraws nine source-specific
operating permits incorporated
by reference at 40 CFR
52.1535(c)(21), (c)(25) and
(c)(32).
Letter from the New Hampshire Air Statewide.......... 7/2/1991 12/12/1991, 56 FR See 52.1535(c)(44).
Resources Division dated July 2, 64703.
1991 submitting documentation of
a public hearing.
Letter from the New Hampshire Air Statewide.......... 2/12/1991 8/14/1992, 57 FR See 52.1535(c)(45).
Resources Division dated 36603.
February 12, 1991 submitting
revisions to the NH SIP.

[[Page 442]]

Letter from the New Hampshire Air Statewide.......... 5/7/1991 8/14/1992, 57 FR See 52.1535(c)(45).
Resources Division dated May 7, 36603.
1991 withdrawing certain portion
of the February 12, 1991 SIP
submittal.
Letter from the New Hampshire Air Statewide.......... 8/20/1991 8/14/1992, 57 FR See 52.1535(c)(45).
Resources Division dated August 36603.
20, 1991 withdrawing certain
portion of the February 12, 1991
SIP submittal.
Letter from the New Hampshire Air Statewide.......... 8/26/1991 8/14/1992, 57 FR See 52.1535(c)(45).
Resources Division dated August 36603.
26, 1991 withdrawing certain
portion of the February 12, 1991
SIP submittal.
Letter from the New Hampshire Air Statewide.......... 3/6/1992 8/14/1992, 57 FR See 52.1535(c)(45).
Resources Division dated March 36603.
6, 1992 withdrawing certain
portion of the February 12, 1991
SIP submittal.
Letter from the New Hampshire Air Statewide.......... 5/6/1992 8/14/1992, 57 FR See 52.1535(c)(45).
Resources Division dated May 6, 36603.
1992 withdrawing certain portion
of the February 12, 1991 SIP
submittal.
Letter from the New Hampshire Air Statewide.......... 5/15/1992 1/19/1993, 58 FR See 52.1535(c)(46).
Resources Division dated May 15, 4902. Revisions to the
1992 submitting a revision to SIP consisting of
the NH SIP. amendments to
Emission Control
Methods for
Cutback and
Emulsified
Asphalt.
Letter from the New Hampshire Air Statewide.......... 5/15/1992 5/25/1993, 58 FR See 52.1535(c)(47).
Resources Division dated May 15, 29973.
1992 submitting a revision to
the NH SIP.
Letter from the New Hampshire Air Statewide.......... 12/21/1992 4/9/1997, 62 FR See 52.1535(c)(49).
Resources Division dated 17087.
December 21, 1992, submitting
revisions to the NH SIP.
Letter from the New Hampshire Air Statewide.......... 6/17/1994 4/9/1997, 62 FR See 52.1535(c)(49).
Resources Division dated June 17087.
17, 1994 submitting revisions to
the NH SIP.
Letter from the New Hampshire Air Statewide.......... 7/7/1995 4/9/1997, 62 FR See 52.1535(c)(50).
Resources Division dated July 7, 17087.
1995 submitting revisions to the
NH SIP.
Letter from the New Hampshire Air Statewide.......... 9/18/1995 4/9/1997, 62 FR See 52.1535(c)(50).
Resources Division dated 17087.
September 18, 1995 submitting
revisions to the NH SIP.

[[Page 443]]

Letter from the New Hampshire Air Statewide.......... 10/18/1995 4/9/1997, 62 FR See 52.1535(c)(50).
Resources Division dated October 17087.
18, 1995, submitting revisions
to the NH SIP.
Letter from the New Hampshire Air Gonic, NH.......... 12/9/1996 3/10/1998, 63 FR See 52.1535(c)(51).
Resources Division dated 11600.
December 9, 1996 submitting
revisions to the NH SIP.
Letter from the New Hampshire Air Statewide.......... 6/28/1996 3/10/1998, 63 FR See 52.1535(c)(51).
Resources Division dated June 11600.
28, 1996 submitting revisions to
the NH SIP.
Letter from the New Hampshire Air Manchester, NH..... 10/24/1996 3/10/1998, 63 FR See 52.1535(c)(51).
Resources Division dated October 11600.
24, 1996 submitting revisions to
the NH SIP.
Letter from the New Hampshire Air Statewide.......... 7/10/1995 3/10/1998, 63 FR See 52.1535(c)(51).
Resources Division dated July 11600.
10, 1995 submitting revisions to
the NH SIP.
Letter from the New Hampshire Air Statewide.......... 12/21/1992 3/10/1998, 63 FR See 52.1535(c)(51).
Resources Division dated 11600.
December 21, 1992 submitting
revisions to the NH SIP.
Letter dated November 21, 1997 Statewide.......... 11/21/1997 3/10/1998, 63 FR See 52.1535(c)(51).
withdrawing Env-A 1204.06 from 11600.
the SIP submittal.
NH-DES letter dated December 13, Statewide.......... 12/13/1994 10/27/1997, 62 FR See 52.1535(c)(52).
1994, and signed by Thomas M. 55521.
Noel, Acting Director, NH DES.
State of New Hampshire Statewide.......... 12/13/1994 10/27/1997, 62 FR See 52.1535(c)(52).
Photochemical Assessment 55521.
Monitoring Stations--Network
Plan--Network Overview.
Letter from the New Hampshire Air Portsmouth-Dover- 8/29/1996 10/27/1997, 62 FR See 52.1533.
Resources Division dated August Rochester serious 55521. Revisions to the
29, 1996 submitting a revision ozone SIP for the
to the NH SIP. nonattainment purpose of
area, and the NH satisfying the
portion of the rate-of-progress
Boston-Lawrence- requirement of
Worcester serious section 182(b) and
ozone the contingency
nonattainment area. measure
requirement of
section 172(c)(9)
of the Clean Air
Act.
Letter from the New Hampshire Air Statewide.......... 4/14/1997 5/13/1998, 63 FR See 52.1535(c)(54).
Resources Division dated April 26455.
14, 1997 submitting revisions to
the NH SIP.
Letter from the New Hampshire Air Nashua, NH......... 5/6/1997 5/13/1998, 63 FR See 52.1535(c)(54).
Resources Division dated May 6, 26455.
1997 submitting revisions to the
NH SIP.

[[Page 444]]

Letter from the New Hampshire Air Statewide.......... 9/24/1997 5/13/1998, 63 FR See 52.1535(c)(54).
Resources Division dated 26455.
September 24, 1997 submitting
revisions to the NH SIP.
Letter from the New Hampshire Air Statewide.......... 7/27/1998 11/14/2000, 65 FR See 52.1535(c)(57).
Resources Division dated July 68078.
27, 1998 submitting a revision
to the NH SIP.
Letter from the New Hampshire Air Statewide.......... 11/24/1992 12/7/1998, 63 FR See 52.1535(c)(58).
Resources Division dated 67405.
November 24, 1992 submitting a
revision to the New Hampshire
State Implementation Plan.
New Hampshire Department of Statewide.......... 11/24/1992 12/7/1998, 63 FR See 52.1535(c)(58).
Environmental Services ``Stage 67405.
II Equivalency Demonstration,''
dated November 1992.
Nonregulatory portions of the Statewide.......... 7/2/1993 12/7/1998, 63 FR See 52.1535(c)(58).
submittal. 67405. NH's Gasoline
Vapor Recovery
Testing Procedures
and Inspection
Manual.
Letter from the New Hampshire Air Statewide.......... 11/20/1998 1/10/2001, 66 FR See 52.1535(c)(59).
Resources Division dated 1868.
November 20, 1998 submitting a
revision to the NH SIP.
Letter from the New Hampshire Air Statewide.......... 9/4/1998 1/10/2001, 66 FR See 52.1535(c)(59).
Resources Division dated 1868.
September 4, 1998 submitting a
revision to the NH SIP.
Document entitled ``Alternative Statewide.......... 9/4/1998 1/10/2001, 66 FR See 52.1535(c)(59).
New Hampshire Motor Vehicle 1868.
Inspection/Maintenance State
Implementation Plan Revision''
dated September 4, 1998.
Letter from the New Hampshire Air Statewide.......... 8/9/2001 10/28/2002, 67 FR See 52.1535(c)(60).
Resources Division dated August 65710.
6, 2001 submitting a revision to
the NH SIP.
Letter from the New Hampshire Air Statewide.......... 4/26/1995 10/28/2002, 67 FR See 52.1535(c)(60).
Resources Division dated April 65710.
26, 1995 submitting a revision
to the NH SIP.
Nonregulatory portions of the Statewide.......... 4/26/1995 10/28/2002, 67 FR See 52.1535(c)(60).
State submittal.. 65710.
Document entitled ``New Hampshire Statewide.......... 7/9/1998 9/29/1999, 64 FR See 52.1535(c)(61).
Stage II Comparability 52434..
Analysis,'' prepared by the New
Hampshire Department of
Environmental Services, dated
July 1, 1998.

[[Page 445]]

Letter from the New Hampshire Statewide.......... 6/7/1994 9/29/1999, 64 FR See 52.1535(c)(62).
Department of Environmental 52434..
Services dated June 7, 1994
submitting a revision to the NH
SIP.
Document entitled ``Clean Fuel Statewide.......... 6/7/1994 9/29/1999, 64 FR See 52.1535(c)(62).
Fleet Equivalency 52434..
Demonstration,'' prepared by the
New Hampshire Department of
Environmental Services, dated
May, 1994.
Letter from the New Hampshire Statewide.......... 7/10/1996 8/16/1999, 64 FR See 52.1535(c)(63).
Department of Environmental 44417.
Services dated July 10, 1996
submitting a revision to the NH
SIP.
Letter from the New Hampshire Air Statewide.......... 7/17/1998 11/14/2000, 65 FR See 52.1535(c)(64).
Resources Division dated July 68078.
17, 1998 submitting Final RACT
Order 98-001 as a revision to
the NH SIP.
Letter from the New Hampshire Statewide.......... 8/16/1999 3/9/2000, 65 FR See 52.1535(c)(65).
Department of Environmental 12476.
Services dated August 16, 1999
submitting the Low Emission
Vehicle program as a revision to
the NH SIP.
Letter from the New Hampshire Air Statewide.......... 7/29/1993 7/27/2001, 66 FR See 52.1535(c)(66).
Resources Division dated July 39100.
29, 1993 submitting a revision
to the New Hampshire State
Implementation Plan.
Letter from the New Hampshire Air Statewide.......... 7/2/1999 7/27/2001, 66 FR See 52.1535(c)(66).
Resources Division dated July 2, 39100.
1999 submitting a revision to
the New Hampshire State
Implementation Plan.
Letter from the New Hampshire Statewide.......... 9/11/1998 7/10/2000, 65 FR See 52.1535(c)(67).
Department of Environmental 42290.
Services dated September 11,
1998 stating a negative
declaration for the aerospace
coating operations Control
Techniques Guideline category.
Letter from the DES, dated April Merrimack, NH...... 4/15/2002 7/23/2002, 67 FR See 52.1535(c)(68).
15, 2002, submitting revised 48033.
Anheuser-Busch order to EPA as a
SIP revision and withdrawing
previous submittal for this
facility dated June 20, 2000.
Letter from the DES, dated March Nashua, NH......... 3/22/2002 7/23/2002, 67 FR See 52.1535(c)(68).
22, 2002, containing information 48033.
on New Filcas of America.

[[Page 446]]

Submittal to meet Clean Air Act State of New December 14, July 8, 2011....... This action
Section 110(a)(2) Infrastructure Hampshire. 2007 76 FR 40248........ addresses the
Requirements for the 1997 8-Hour following Clean
Ozone National Ambient Air Air Act
Quality Standard. requirements:
110(a)(2)(A), (B),
(C), (D)(ii), (E),
(F), (G), (H),
(J), (K), (L), and
(M).
New Hampshire Regional Haze SIP Statewide.......... 1/29/2010; 8/22/2012, 77 FR
and its supplements. supplements 50607.
submitted; 1/
14/2011, 8/26/
2011
Submittal to meet Section Statewide.......... 4/3/2008; 10/16/2012, 77 FR This submittal is
110(a)(2) Infrastructure supplement 63228. approved with
Requirements for the 1997 PM2.5 submitted 7/3/ respect to the
NAAQS. 2012 following CAA
elements or
portions thereof:
110(a)(2)(B), (C)
(enforcement
program only),
(D)(i)(I),
(D)(ii), (E)(i),
(E)(iii), (F),
(G), (H), (J)
(consultation and
public
notification
only), (K), (L),
and (M).
Submittal to meet Section Statewide.......... 9/18/2009; 10/16/2012, 77 FR This submittal is
110(a)(2) Infrastructure supplement 63228. approved with
Requirements for the 2006 PM2.5 submitted 7/3/ respect to the
NAAQS. 2012 following CAA
elements or
portions thereof:
110(a)(2)(B), (C)
(enforcement
program only),
(D)(i)(I),
(D)(ii), (E)(i),
(E)(iii), (F),
(G), (H), (J)
(consultation and
public
notification
only), (K), (L),
and (M).
Negative Declarations included in Statewide.......... 07/26/2011 11/8/12, 77 FR Includes negative
New Hampshire's State 66921. declarations for
Implementation Plan Revision for the following CTG
the 2006, 2007, and 2008 Control categories: Large
Techniques Guidelines. appliance
coatings; and
automobile and
light-duty truck
assembly coatings.
Certification for RACT for the Statewide.......... 1/28/2008 11/5/2012, 77 FR New Hampshire
1997 8-Hour Ozone Standard. 66388. submitted
documentation that
RACT requirements
were in place for
sources of VOC and
NOX for purposes
of the 1997 8-hour
ozone standard.
SIP Narrative associated with New Statewide.......... 11/17/2011 1/25/13, 78 FR 5292
Hampshire Vehicle Inspection and
Maintenance Program SIP Revision.
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.

[[Page 447]]

[74 FR 50120, Sept. 30, 2009, as amended at 76 FR 40257, July 8, 2011;
76 FR 49672, Aug. 11, 2011; 77 FR 5702, Feb. 6, 2012; 77 FR 50607,
50610, Aug. 22, 2012; 77 FR 63233, Oct. 16, 2012; 77 FR 63233, Oct. 16,
2012; 77 FR 66395, Nov. 5, 2012; 77 FR 66926, Nov. 8, 2012; 78 FR 5302,
Jan. 25, 2013; 78 FR 71507, Nov. 29, 2013; 79 FR 20099, Apr. 11, 2014;
79 FR 30736, May 29, 2014]

Effective Date Note: At 79 FR 35699, June 24, 2014, Sec. 52.1520
was amended in Table (c), under the heading ``EPA-APPROVED NEW HAMPSHIRE
REGULATIONS'' by revising the existing entry for Env-A 300, effective
Aug. 25, 2014. For the convenience of the user, the revised text is set
forth as follows:

Sec. 52.1520 Identification of plan.

* * * * *

* * * * * * *
Env-A 300........................ Ambient Air Quality 9/1/2012 6/24/14............
Standards.. [Insert Federal
Register page
number where the
document begins].
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------

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

\1\ In order to determine the EPA effective date for a specific
provision listed in this table, consult the Federal Register notice
cited in this column for the particular provision.
---------------------------------------------------------------------------

* * * * *

Sec. 52.1521 Classification of regions.

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

[37 FR 10879, May 31, 1972, as amended at 45 FR 24876, Apr. 11, 1980]

Sec. 52.1522 Approval status.

(a) With the exceptions set forth in this subpart, the Administrator
approves New Hampshire's plan as identified in Sec. 52.1520 of this
subpart for the attainment and maintenance of the national standards
under section 110 of the Clean Air Act. Furthermore, the Administrator
finds the plans satisfy all requirements of Part D, Title I of the Clean
Air Act as amended in 1977, except as noted below.
(b) To insure Federal approval of State issued new source review
permits pursuant to section 173 of the Clean Air Act, the provisions of
Section V of the emission offset interpretative rule published January
16, 1979, (44 FR 3274) must be met.

[45 FR 24876, Apr. 11, 1980, as amended at 48 FR 50078, Oct. 31, 1983;
75 FR 82557, Dec. 30, 2010; 77 FR 5703, Feb. 6, 2012]

Sec. 52.1523 Attainment dates for national standards.

The following table presents the latest dates by which the national
standards are to be attained. The dates reflect the information
presented in New Hampshire's plan.

[[Page 448]]

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

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

Sec. 52.1524 Compliance schedules.

(a) Compliance schedules for the sources identified below are
approved as meeting the requirements of subpart N of this chapter. All
regulations cited are air pollution control regulations of the State,
unless otherwise noted.

--------------------------------------------------------------------------------------------------------------------------------------------------------
Source Location Regulation involved Date of adoption Effective date Final compliance date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Markem Corporation................. Keene, NH............. No. 1204.05........... Feb. 10, 1984........ Feb. 19, 1981........ July 1, 1985.
--------------------------------------------------------------------------------------------------------------------------------------------------------

(b) The requirements of Sec. 51.262(a) of this chapter are not met
since compliance schedules with adequate increments of progress have not
been submitted for every source for which they are required.
(c) The compliance schedules for the sources identified below are
disapproved as not meeting the requirements of subpart N of this
chapter. All regulations cited are air pollution control regulations of
the State, unless otherwise noted.

(d) Federal compliance schedules. The compliance schedules for the
sources identified below are promulgated herein in satisfaction of the
requirements of subpart N of this chapter. All regulations cited are air
pollution control regulations ofthe State, unless otherwise noted.

----------------------------------------------------------------------------------------------------------------
Regulation Final compliance
Source Location involved Effective date date
----------------------------------------------------------------------------------------------------------------
Brown Co.:
(a) No. 11 Kraft recovery....... Berlin, N.H......... 15 Immediately......... Jan. 1973.
(b) No. 11 Kraft recovery....... ......do............ 15 ......do............ Jan. 1974.
(c) No. 8 Kraft recovery boiler ......do............ 15 ......do............ July 1974.
main stack.
(d) No. 8 Kraft recovery smelt ......do............ 15 ......do............ Dec. 1974.
tank vent.
(e) Heavy black liquor oxidation ......do............ 15 ......do............ June 1974.
(f) No. 1 lime kiln stack....... ......do............ 15 ......do............ Jan. 1973.
(g) No. 2 lime kiln stack....... ......do............ 15 ......do............ Dec. 1974.
----------------------------------------------------------------------------------------------------------------

[[Page 449]]

[38 FR 12713, May 14, 1973, as amended at 38 FR 16145, June 20, 1973; 38
FR 22744, Aug. 23, 1973; 49 FR 38102, Sept. 27, 1984; 51 FR 40676,
40677, Nov. 7, 1986; 54 FR 25259, June 14, 1989]

Sec. 52.1525 EPA-approved new Hampshire state regulations.

The following table identifies that State regulations which have
been submitted to and approved by EPA as revisions to the New Hampshire
State Implementation Plan. This table is for informational purposes only
and does not have any independent regulatory effect. To determine
regulatory requirements for a specific situation consult the plan
identified in Sec. 52.1520. To the extent that this table conflicts
with Sec. 52.1520, Sec. 52.1520 governs.

Table 52.1525--EPA-Approved Rules and Regulations \1\--New Hampshire
--------------------------------------------------------------------------------------------------------------------------------------------------------
Date
Title/subject State citation adopted Date approved EPA Federal Register 52.1520 Explanation
chapter \2\ State citation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Organizational Rules: Definitions. CH Air 100........... 12/17/81 3/15/83.............. 48 FR 10830.......... (c)(22) Sections Air 101.01-
.03; .27; .31; .50;
.52; .57; .63; .70-
.73; .76; .78; .90;
.97 and PARTs Air
102 and 103 are not
part of the approved
SIP.
7/21/83 2/01/84.............. 49 FR 3989........... (c)(28) Approved Section Air
101.74, Def. of
`process weight.'
Env-A 100............ 11/16/89 6/13/91.............. 56 FR 27197.......... (c)(43) Approved Sections Env-
A 101.79, Def. of
`Reasonable
Available Control
Technology' and Env-
A 101.98, Def. of
`Volatile Organic
Compound.'
12/24/90 8/14/92.............. 57 FR 36605.......... (c)(45) Part Env-A 101
renumbered and
completely replaced;
Sections Env-A
101.21; .27; .33;
.51; .53; .58; .63;
.98; and Parts Env-A
102 and 103 are not
part of the approved
SIP.
Procedural Rules.................. CH Air 200........... 12/17/81 3/15/83.............. 48 FR 10830.......... (c)(22) Parts Air 201-204 and
Parts Air 206-210
are not part of the
approved SIP.
10/21/82 4/21/83.............. 48 FR 17077.......... (c)(24) Section Air 205.10
added.
Env-A 200............ 12/24/90 8/14/92.............. 57 FR 36605.......... (c)(45) Parts Env-A 206 and
208 and Sections Env-
A 209.01-04 are not
part of the approved
SIP.
Procedural Rules.................. Env-A 200............ 2/17/95 10/28/02............. 67 FR 65710.......... (c)(60) Approving Env-A
& 205.03 & Env-A
7/23/01 205.04 as amended 7/
23/01.
Ambient Air Quality Standards..... CH Air 300........... 12/17/81 3/15/83.............. 48 FR 10830.......... (c)(22) Part Air 304 is not
part of the approved
SIP.
Env-A 300............ 12/24/90 8/14/92.............. 57 FR 36605.......... (c)(45) Part Env-A 304 is not
part of the approved
SIP.
Particulate matter................ Env-A 303............ 4/21/89 8/19/94.............. 59 FR 42768.......... (c)(40) 303.01
303.015
Sulfur Content Limits in Fuels.... CH Air 400........... 12/17/81 3/15/83.............. 48 FR 10830.......... (c)(22) Section Air 402.02 is
not part of the
approved SIP.
2/20/75 3/23/84.............. 49 FR 11094.......... (c)(26) Section Air 402.02
added, raising
allowable sulfur-in-
oil limit for but 10
sources.
10/20/83 8/07/84.............. 49 FR 31415.......... (c)(29) Revision to Section
Air 402.02, raises
allowable sulfur-in-
oil limit for 5
source excluded at
(c)(26) above.
12/15/83 8/01/84.............. 49 FR 30695.......... (c)(31) Revision to Section
Air 402.02, raises
allowable sulfur-in-
oil limit for 2
sources excluded at
(c)(26) above.
4/17/86 2/02/87.............. 52 FR 3117........... (c)(35) Revision restricting
emission limits for
Dartmouth College.

[[Page 450]]

1/17/85 4/15/87.............. 52 FR 12164.......... (c)(36) Revision to Section
Air 402.02, raises
allowable sulfur-in-
oil limit for James
River Corp.--
Cascade.
9/09/85 12/14/87............. 52 FR 47392.......... (c)(38) Revision to Section
Air 402.02, raises
allowable sulfur-in-
oil limit for James
River Corp.--
Groveton.
Env-A 400............ 12/24/90 8/14/92.............. 57 FR 36605.......... (c)(45) Part Env-A 405
renumbered and
completely replaced;
Section Env-A 405.05
(c) and (d); and
Part Env-A 406 are
not part of the
approved SIP.
Statewide Permit System........... CH Air 600........... 12/17/81 3/15/83.............. 48 FR 10830.......... (c)(22) Part Air 609 repealed
at (c)(16).
1/26/84 3/13/85.............. 50 FR 10004.......... (c)(36) Revisions to Part Air
610.
Env-A 600............ 12/24/90 8/14/92.............. 57 FR 36606.......... (c)(45) Part Env-A 603
renumbered and
completely replaced;
Sections Env-A
603.02(p), 603.03(f)
and 603.03(g) are
not part of the
approved SIP.
Statewide Permit System........... Env-A 600............ 5/21/93 7/27/01.............. FR 39104............. (c)(66) Part Env-622
6/26/97 (formally 610)
1/29/99 Adopted NSR CAA
requirements Adopted
plantwide definition
Adopted CAA sections
173(a)(4) & (5).
Statewide Permitting System....... Env-A 600............ 7/23/01 10/28/02............. 67 FR 65710.......... (c)(60) Adding Part Env-A
623: New Hampshire's
PSD permit
requirements.
Permit Fee System................. CH Air 700........... 12/17/81 3/15/83.............. 48 FR 10830.......... (c)(22) .....................
12/20/84 9/17/87.............. 52 FR 35082.......... (c)(37) Revisions to Sections
Air 704.01-.02 and
Air 706.01-.02.
Env-A 700............ 12/24/90 8/14/92.............. 57 FR 36605.......... (c)(45) .....................
Testing and Monitoring............ CH Air 800........... 12/17/81 3/15/83.............. 48 FR 10830.......... (c)(22) Part Air 803 is not
part of the approved
SIP.
Env-A 800............ 11/16/89 6/13/91.............. 56 FR 27197.......... (c)(43) Part Env-A 804 added;
Revision to Section
Env-A 802.07.
12/24/90 8/14/91.............. 56 FR 40253.......... (c)(41) Sections Env-A 802.09-
.10 added.
12/24/90 8/14/92.............. 57 FR 36605.......... (c)(45) Part Env-A 803 is not
part of the approved
SIP.
Testing Requirements.............. CH Air 800........... 1/17/92 5/25/93.............. 58 FR 29974.......... (c)(47) Part Env-A 805
Capture Efficiency
Test Procedures
Purpose........................... CH air 800, Part Env- 11/13/92 3/10/98.............. 63 FR 11600.......... (c)(51) Adds testing and
A 801. monitoring
procedures.
Testing and Monitoring for CH air 800, Part Env- 11/13/92 3/10/98.............. 63 FR 11600.......... (c)(51) Adds testing and
Stationary Sources: General A 802. monitoring
Requirements. procedures.
VOC Testing....................... CH air 800, Part Env- 8/21/95 3/10/98.............. 63 FR 11600.......... (c)(51) Adds testing and
A 803. monitoring
procedures.
Capture Efficiency................ CH air 800, Part Env- 8/21/95 3/10/98.............. 63 FR 11600.......... (c)(51) Adds testing and
A 804. monitoring
procedures.
Continuous Emission Monitoring.... CH air 800, Part Env- 11/13/92 3/10/98.............. 63 FR 11600.......... (c)(51) Adds testing and
A 805. monitoring
procedures.
Testing for Diesel Engines and CH air 800, Part Env- 11/13/92 3/10/98.............. 63 FR 11600.......... (c)(51) Adds testing and
Motor Vehicles. A 806. monitoring
procedures.
Approval of Alternate Methods..... CH air 800, Part Env- 11/13/92 3/10/98.............. 63 FR 11600.......... (c)(51) Adds testing and
A 807. monitoring
procedures.
Owner or Operator Obligations..... CH Air 900........... 12/17/81 3/15/83.............. 48 FR 10830.......... (c)(22) .....................
Env-A 900............ 11/16/89 6/13/91.............. 56 FR 27197.......... (c)(43) Sections Env-A
901.021-.022 and
901.05 added;
Revision to Section
Env-A 901.02.
12/24/90 8/14/92.............. 57 FR 36605.......... (c)(45) .....................

[[Page 451]]

Recordkeeping requirements........ CH Air 900, Part Env- 11/13/92 4/9/97............... 62 FR 17092.......... (c)(49) Adds NOX
A 901, section Env-A recordkeeping
901.06. requirements.
CH Air 900, Part Env- 11/13/92 4/9/97............... 62 FR 17092.......... (c)(49) Adds NOX reporting
A 901, section Env-A requirements.
901.07.
Recordkeeping and Reporting by CH air 900, Part Env- 11/13/92 3/10/98.............. 63 FR 11600.......... (c)(51) Adds recordkeeping
Sources. A 901, sections and reporting
901.01, 901.03, requirements.
901.09.
Recordkeeping and Reporting by CH air 900, Part Env- 8/21/95 3/10/98.............. 63 FR 11600.......... (c)(51) Adds recordkeeping
Sources. A 901, sections and reporting
901.02, 901.04, requirements.
901.05, and 901.08.
Malfunctions and Breakdowns of Air CH air 900, Part Env- 11/13/92 3/10/98.............. 63 FR 11600.......... (c)(51) Adds recordkeeping
Pollution Control Equipment. A 902. and reporting
requirements.
Compliance Schedules.............. CH air 900, Part Env- 11/13/92 3/10/98.............. 63 FR 11600.......... (c)(51) Adds recordkeeping
A 903. and reporting
requirements.
Prevention, Abatement, and Control CH Air 1000.......... 12/17/81 3/15/83.............. 48 FR 10830.......... (c)(22) Part Air 1002 is not
of Open Source Air Pollution. part of the approval
SIP.
Env-A 1000........... 12/24/90 8/14/92.............. 57 FR 36605.......... (c)(45) Part Env-A 1002 is
not part of the
approval SIP.
Open-Air Burning.................. Env-A 1001........... 5/19/89 8/19/94.............. 59 FR 42768.......... (c)(40) 1001.02
Prevention, Abatement, and Control CH Air 1200.......... 6/17/82 3/15/83.............. 48 FR 10830.......... (c)(22) Section Air 1201.07
of Stationary Source Air and Part Air 1206
Pollution Part. are not part of the
approved SIP.
2/19/80 10/31/83............. 48 FR 50077.......... (c)(27) Revisions to Section
1204.02(c) and
1204.21(j); Section
1204.17 added.
7/21/83 2/01/84.............. 49 FR 3989........... (c)(28) Revision to Section
Air 1204.01.
2/16/84 6/01/84.............. 49 FR 24724.......... (c)(30) Section Air
1201.05(e) added.
12/20/84 9/17/87.............. 52 FR 35082.......... (c)(37) Revisions to Sections
Air 1202.07-.09;
Section Air 1202.10
added.
Prevention, Abatement and Control CH Air 1200.......... 1/17/92 5/25/93.............. 58 FR 29974.......... (c)(47) Part Env-A Sections
of Stationary Source Air 1204.02; 1204.04;
Pollution. 1204.05 through
1204.08; 1204.14
through 1204.15.
Env-A 1200........... 11/16/89 6/13/91.............. 56 FR 27197.......... (c)(43) Revisions to Sections
Env-A 1204.01-.16;
Section Env-A
1204.19 added.
12/24/90 8/14/92.............. 57 FR 36605.......... (c)(45) Section Env-A 1206.03
is not part of the
approved SIP.
Env-A 1200........... 1/17/92 1/19/93.............. 58 FR 4904........... (c)(46) Revisions to Section
Env-A 1204.12.
Nitrogen oxides emission limits... CH Air 1200 Part Env- 5/20/94 4/9/97............... 62 FR 17092.......... (c)(49) Adds NOX RACT
A 1211. requirements.
Stationary Sources of Volatile CH air 1204, Part Env- 8/21/95 3/10/98.............. 63 FR 11600.......... c(51) Adds VOC RACT
Organic Compounds. A 1204 (except requirements.
1204.09). Limited approval
only of Env-A
1204.27
Applicability Criteria and Env-A 1204.27........ 8/21/95 7/23/02.............. 67 FR 48036.......... (c)(68) Rule fully approved
Compliance Options for for the New
Miscellaneous and Multi-category Hampshire portion of
Stationary VOC Sources. the eastern
Massachusetts
serious ozone
nonattainment area.

[[Page 452]]

Source Specific Order............. Order ARD-94-001..... 5/5/95 3/10/98.............. 63 FR 11600.......... (c)(51) VOC RACT for L.W.
Packard.
Source specific order............. Order ARD-95-001..... 5/10/95 4/9/97............... 62 FR 17092.......... (c)(52) Source specific NOX
RACT order for
Groveton Paperboard
Corp., in Groveton,
NH.
Order ARD-95-002..... 9/12/95 4/9/97............... 62 FR 17093.......... (c)(50) Source specific NOX
RACT order for
Plymouth
Cogeneration Ltd.
Partnership, in
Plymouth, NH.
Order ARD-95-003..... 9/19/95 4/9/97............... 62 FR 17093.......... (c)(50) Source specific NOX
RACT order for
Waterville Valley
Ski Area Ltd., in
Waterville Valley,
NH.
Source Specific Order............. Order ARD-95-010..... 9/10/96 3/10/98.............. 63 FR 11600.......... (c)(51) VOC RACT for Kalwall,
Manchester.
Source Specific Order............. Order ARD-96-001..... 10/4/96 3/10/98.............. 63 FR 11600.......... (c)(51) VOC RACT for Textile
Tapes.
Source specific order............. Order ARD-97-001..... 04/14/97 5/13/98.............. 63 FR 26460.......... (c)(54) Source specific NOX
RACT order for
Public Service of
New Hampshire in
Bow, NH.
Source specific order............. Order ARD-95-011..... 05/06/97 5/13/98.............. 63 FR 26460.......... (c)(54) Source specific NOX
RACT order for
Hampshire Chemical
Corporation in
Nashua, NH.
Source specific order............. Order ARD-97-003..... 9/24/97 5/13/98.............. 63 FR 26460.......... (c)(54) Source specific NOX
RACT order for Crown
Vantage in Berlin,
NH.
Source specific order............. Order ARD 98-001..... 7/17/98 11/14/00............. 65 FR 68082.......... (c)(64) Source-specific NOX
RACT order and
discrete emission
reduction protocols
for Public Service
of New Hampshire.
Source Specific Order............. Order ARD-00-001..... 4/15/02 7/23/02.............. 67 FR 48036.......... (c)(68) VOC RACT for Anheuser-
Busch.
Conformity of General Federal CH Env-A 1500, Part 4/19/96 8/16/99.............. 64 FR 44420.......... (c)(63) None.
Actions. Env-A 1502.
National Low Emission Vehicle CH air 3600.......... 7/21/99 3/9/00............... 65 FR 12480.......... (c)(65) Approval of
Program. commitment to
National Low
Emission Vehicle
Program.
NOX Budget Trading Program........ Part Env-A 3200...... 7/27/98 11/14/00............. 65 FR 68082.......... (c)(57) Approval of OTC NOX
budget and allowance
trading program.
Emission Amendments to Official NHCAR, Part Saf-C 11/17/98 1/10/01.............. 66 FR 1871 (c)(59) Part Saf-C 3221A
Motor Vehicle Inspection Req. 3221A. ``Emission
Amendments to
Official Motor
Vehicle Inspection
Requirements''
adopted on November
17, 1998;
Roadside Diesel Opacity Inspection NHCAR, Part Saf-C 11/17/98 1/10/01.............. 66 FR 1871 (c)(59) Part Saf-C 5800
Program Rules. 5800. ``Roadside Diesel
Opacity Inspection
Program Rules''
adopted on November
17, 1998.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ These regulations are applicable statewide unless otherwise noted in the Explanation section.
\2\ When the New Hampshire Department of Environmental Services was established in 1987, the citation chapter title for the air regulations changed from
CH Air to Env-A.

[50 FR 767, Jan. 7, 1985]

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

Sec. 52.1526 [Reserved]

Sec. 52.1527 Rules and regulations.

(a) [Reserved]
(b) The following elements are not part of the approved SIP:
(1) Intergovernmental consultations
(2) Public notification

[[Page 453]]

(3) Conflict of Interest
(4) Non-SIP regulations' numbers listed below:
Chapter Env-A 100: Sections Env-A 101.21, .27, .33, .51, .53,
.58., .63 and
98; and Parts Env-A 102-103
Chapter Env-A 200: Part Env-A 206; Part Env-A 208; and Sections
209.01-.04
Chapter Env-A 300: Part Env-A 304
Chapter Env-A 400: Section Env-A 405.05(c)-(d) and Part Env-A 406
Chapter Env-A 500: Parts Env-A 501-506
Chapter Env-A 600: Sections Env-A 603.02(p), 603.03(f)-(g)
Chapter Env-A 800: Part Env-A 803
Chapter Env-A 1000: Part Env-A 1002
Chapter Env-A 1100:Part Env-A 1101
Chapter Env-A 1200: Sections Env-A 1206.03
Chapter Env-A 1300; Parts Env-A 1301-1305
[48 FR 10833, Mar. 15, 1983, as amended at 48 FR 48665, Oct. 20, 1983;
50 FR 51250, Dec. 16, 1985; 57 FR 36607, Aug. 14, 1993]

Sec. 52.1528 Control strategy: Carbon monoxide.

(a) Approval--On February 1, 1999, the New Hampshire Department of
Environmental Services submitted a revision to the State Implementation
Plan to remove the Nashua Inspection/Maintenance program for carbon
monoxide that ceased operating on January 1, 1995. The Nashua
Inspection/Maintenance was originally approved at Sec. 52.1520(c)(39).
The Nashua Inspection/Maintenance program was replaced with controls
consisting of the existing federal Tier 1 emission standards for new
vehicles and the federal reformulated gasoline program.
(b) Approval--On February 2, 1999, the New Hampshire Department of
Environmental Services submitted a request to redesignate the City of
Manchester carbon monoxide nonattainment area to attainment for carbon
monoxide. As part of the redesignation request, the State submitted a
maintenance plan as required by 175A of the Clean Air Act, as amended in
1990. Elements of the section 175A maintenance plan include a base year
(1990 attainment year) emission inventory for carbon monoxide, a
demonstration of maintenance of the carbon monoxide NAAQS with projected
emission inventories to the year 2010 for carbon monoxide, a plan to
verify continued attainment, a contingency plan, and an obligation to
submit additional information in eight years acknowledging that the
maintenance plan will remain in effect through the year 2020, as
required by the Clean Air Act. If the area records a violation of the
carbon monoxide NAAQS (which must be confirmed by the State), New
Hampshire will implement one or more appropriate contingency measure(s)
which are contained in the contingency plan. The menu of contingency
measures includes the enhanced safety inspection program and New
Hampshire's low emission vehicle program (NLEV) as contingency measures.
The redesignation request establishes a motor vehicle emissions budget
of 55.83 tons per day for carbon monoxide to be used in determining
transportation conformity for the Manchester area. The redesignation
request and maintenance plan meet the redesignation requirements in
sections 107(d)(3)(E) and 175A of the Act as amended in 1990,
respectively.
(c) Approval--On February 2, 1999, the New Hampshire Department of
Environmental Services submitted a request to redesignate the City of
Nashua carbon monoxide nonattainment area to attainment for carbon
monoxide. As part of the redesignation request, the State submitted a
maintenance plan as required by 175A of the Clean Air Act, as amended in
1990. Elements of the section 175A maintenance plan include a base year
(1990 attainment year) emission inventory for carbon monoxide, a
demonstration of maintenance of the carbon monoxide NAAQS with projected
emission inventories to the year 2010 for carbon monoxide, a plan to
verify continued attainment, a contingency plan, and an obligation to
submit additional information in eight years acknowledging that the
maintenance plan will remain in effect through the year 2020, as
required by the Clean Air Act. If the area records a violation of the
carbon monoxide NAAQS (which must be confirmed by the State), New
Hampshire will implement one or more appropriate contingency measure(s)
which are contained in the contingency plan. The menu of contingency
measures includes the enhanced safety inspection program and New
Hampshire's low emission vehicle

[[Page 454]]

program (NLEV) as contingency measures. The redesignation request
establishes a motor vehicle emissions budget of 60.13 tons per day for
carbon monoxide to be used in determining transportation conformity for
the Nashua area. The redesignation request and maintenance plan meet the
redesignation requirements in sections 107(d)(3)(E) and 175A of the Act
as amended in 1990, respectively.
(d) Approval--On May 30, 2007, the New Hampshire Department of
Environmental Services submitted a modification to the Nashua
maintenance plan approved in paragraph (c) of this section. New
Hampshire will not conduct CO monitoring in Nashua, but instead commits
to continue to collect and review CO monitoring data from nearby
Manchester, NH on an on-going basis. In the event the second highest CO
concentration in any calendar year monitored in Manchester reaches 75
percent of the federal 1-hour or 8-hour national ambient air quality
standard for CO, New Hampshire will, within 9 months of recording such
concentrations, re-establish a CO monitoring site in Nashua consistent
with EPA siting criteria, and resume analyzing and reporting those data.
New Hampshire commits to implement its contingency program in Nashua in
the event that a CO violation is monitored at the re-established Nashua
monitoring site at any time during the maintenance period. If the
Manchester CO monitor measures a violation of the either the federal 1-
hour or 8-hour NAAQS for CO, contingency measures will be implemented in
Nashua as well, until a re-established CO monitor in Nashua shows that
the area is in attainment of the CO standard.
(e) Approval--On August 1, 2012, the New Hampshire Department of
Environmental Services submitted modifications to the Manchester and
Nashua maintenance plans approved in paragraph (b) and (c) respectively
of this section. The Manchester and Nashua current carbon monoxide
maintenance plans are both converted to limited maintenance plans for
the remainder of their second-ten year maintenance periods which
terminate on January 29, 2021. Future carbon monoxide transportation
conformity evaluations for Manchester and Nashua will for the length of
their limited maintenance plans be considered to satisfy the regional
emissions analysis and ``budget test'' requirements. In addition, New
Hampshire will no longer conduct CO monitoring in Manchester, New
Hampshire as addressed in paragraph (d) of this section. The Manchester
monitoring site is replaced with the Londonderry Moose Hill station in
Londonderry, New Hampshire with triggers to reestablish CO monitoring
sites in Manchester and Nashua if elevated CO levels are recorded in
Londonderry.

[65 FR 71066, Nov. 29, 2000, as amended at 72 FR 51567, Sept. 10, 2007;
79 FR 13256, Mar. 10, 2014]

Sec. 52.1529 Significant deterioration of air quality.

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

[67 FR 65713, Oct. 28, 2002]

Sec. 52.1530 Requirements for State implementation plan revisions
relating to new motor vehicles.

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

[60 FR 4737, Jan. 24, 1995]

Sec. 52.1531 Visibility protection.

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

[[Page 455]]

Sec. 52.1532 Stack height review.

The State of New Hampshire has declared to the satisfaction of EPA
that no existing emission limitations have been affected by stack height
credits greater than good engineering practice or any other prohibited
dispersion technique as defined in EPA's stack height regulations, as
revised on July 8, 1985. This declaration was submitted to EPA on March
21, 1986. The State has further declared in a letter from Dennis
Lunderville, dated July 25, 1986, that, ``As part of our new source
review activities under the New Hampshire SIP and our delegated PSD
authority, the New Hampshire Air Resources Agency will follow EPA's
stack height regulation as revised in the Federal Register on July 8,
1985 (50 FR 27892).'' Thus, New Hampshire has satisfactorily
demonstrated that its regulations meet 40 CFR 51.118 and 51.164.

[52 FR 49407, Dec. 31, 1987]

Sec. 52.1533 Emission inventories.

(a) The Governor's designee for the State of New Hampshire submitted
a 1990 base year emission inventory for the entire state on January 26,
1993 as a revision to the State Implementation Plan (SIP). Subsequent
revisions to the State's 1990 inventories were made, the last of which
occurred on August 29, 1996. The 1990 base year emission inventory
requirement of section 182(a)(1) of the Clean Air Act, as amended in
1990, has been satisfied for the three nonattainment areas in the State.
The three areas are the Portsmouth-Dover-Rochester serious area, the New
Hampshire portion of the Boston-Lawrence-Worcester serious area, and the
Manchester marginal area.
(b) The inventory is for the ozone precursors which are volatile
organic compounds, nitrogen oxides, and carbon monoxide. The inventory
covers point, area, non-road mobile, on-road mobile, and biogenic
sources.
(c) The Portsmouth-Dover-Rochester serious nonattainment area
includes all of Strafford County and part of Rockingham County. The New
Hampshire portion of the Boston-Lawrence-Worcester serious area includes
portions of Hillsborough and Rockingham Counties. The Manchester
marginal area contains all of Merrimack County and portions of
Hillsborough and Rockingham Counties.

[62 FR 55525, Oct. 27, 1997]

Sec. 52.1534 Control strategy: Ozone.

(a) Revisions to the State Implementation Plan submitted by the New
Hampshire Department of Environmental Services on September 27, 1996.
These revisions are for the purpose of satisfying the rate of progress
requirement of section 182(c)(2)(B), and the contingency measure
requirements of section 182(c)(9) of the Clean Air Act, for the
Portsmouth-Dover-Rochester serious area, and the New Hampshire portion
of the Boston-Lawrence-Worcester serious area.
(b) Approval--Revisions to the State Implementation Plan submitted
by the New Hampshire Department of Environmental Protection on June 1,
1998. The revisions are for the purpose of satisfying the one-hour ozone
attainment demonstration requirements of section 182(c)(2)(A) of the
Clean Air Act, for the Boston-Lawrence-Worcester, MA-NH serious ozone
nonattainment area. The revision establishes a one-hour attainment date
of November 15, 2007 for the Boston-Lawrence-Worcester, MA-NH serious
ozone nonattainment area. This revision establishes motor vehicle
emissions budgets of 10.72 tons per day of volatile organic compounds
(VOC) and 21.37 tons per day of nitrogen oxides (NOX) to be
used in transportation conformity in the New Hampshire portion of the
Boston-Lawrence-Worcester, MA-NH serious ozone nonattainment area.
(c) Determination of Attainment. Effective March 18, 2008, EPA is
determining that the Boston-Manchester-Portsmouth (SE), New Hampshire 8-
hour ozone nonattainment area has attained the 8-hour ozone standard.
Under the provisions of EPA's ozone implementation rule (see 40 CFR
51.918), this determination suspends the reasonable further progress and
attainment demonstration requirements of section 182(b)(1) and related
requirements of section 172(c)(9) of the Clean Air Act for as long as
the area does not monitor any violations of the 8-hour ozone standard.
If a violation of the ozone NAAQS is monitored in the Boston-

[[Page 456]]

Manchester-Portsmouth (SE), New Hampshire 8-hour ozone nonattainment
area, this determination shall no longer apply.
(d) Approval--Revision to the State Implementation Plan submitted by
the New Hampshire Department of Environmental Services on May 28, 2008.
This revision establishes Year 2009 motor vehicle emission budgets of
15.31 tons per summer day of volatile organic compounds (VOC) and 28.53
tons per summer day of nitrogen oxides (NOX) to be used in
transportation conformity in the Boston-Manchester-Portsmouth (SE), New
Hampshire moderate 8-hour ozone nonattainment area.
(e) Determination of Attainment. Effective April 18, 2011, EPA is
determining that the Boston-Manchester-Portsmouth (SE), New Hampshire 8-
hour ozone nonattainment area has attained the 1997 8-hour ozone
standard based on 2007-2009 monitoring data. Under the provisions of
EPA's ozone implementation rule (see 40 CFR 51.918), this determination
suspends the reasonable further progress and attainment demonstration
requirements of section 182(b)(1) and related requirements of section
172(c)(9) of the Clean Air Act for as long as the area does not monitor
any violations of the 1997 8-hour ozone standard. If a violation of the
1997 ozone NAAQS is monitored in the Boston-Manchester-Portsmouth (SE),
New Hampshire 8-hour ozone nonattainment area, this determination shall
no longer apply. In addition, this area met its June 15, 2010 attainment
deadline for the 1997 ozone standard.
(f) Determination of Attainment for the One-Hour Ozone Standard.
Effective June 28, 2012, EPA is determining that the Boston-Lawrence-
Worcester, MA-NH one-hour ozone nonattainment area met the one-hour
ozone standard, by the area's applicable attainment date of November 15,
2007, based on 2005-2007 complete, certified, quality-assured ozone
monitoring data at all monitoring sites in the area.
(g) Determination of Attainment. Effective November 29, 2012, EPA is
determining that the Portsmouth-Dover-Rochester one-hour ozone
nonattainment area met the one-hour ozone standard, by the area's
applicable attainment date of November 15, 1999, based on 1997-1999
complete, certified, quality-assured ozone monitoring data at all
monitoring sites in the area. Separate from and independent of this
determination, EPA is determining that the Portsmouth-Dover-Rochester
serious one-hour ozone nonattainment area has attained the one-hour
ozone standard since 1999 and continues to attain based on complete,
quality-assured data ozone monitoring data through 2011.
(h) Determination of Attainment. Effective November 29, 2012, EPA is
determining that the Manchester one-hour ozone nonattainment area met
the one-hour ozone standard, by the area's applicable attainment date of
November 15, 1993, based on 1991-1993 complete, certified, quality-
assured ozone monitoring data at all monitoring sites in the area.
Separate from and independent of this determination, EPA is determining
that the Manchester marginal one-hour ozone nonattainment area has
attained the one-hour ozone standard, since 1993, and that it continues
to attain based on complete quality-assured ozone monitoring data
through 2011.
(i) Approval--EPA is approving a redesignation request for the
Boston-Manchester-Portsmouth (SE), New Hampshire moderate 1997 8-hour
ozone nonattainment area. New Hampshire submitted this request on March
2, 2012, and supplemented this submittal on September 21, 2012. As part
of the redesignation request, the State submitted a maintenance plan as
required by section 175A of the Clean Air Act. Elements of the section
175 maintenance plan include a contingency plan and an obligation to
submit a subsequent maintenance plan revision as required by the Clean
Air Act. The ozone maintenance plan also establishes 2008 and 2022 Motor
Vehicle Emission Budgets (MVEBs) for the area. New Hampshire is
establishing 2008 MVEBs of 17.8 tons per summer weekday (tpswd) of VOC
and 37.2 tpswd of NOX, for the Boston-Manchester-Portsmouth
(SE), New Hampshire 1997 8-hour ozone maintenance area. In addition, New
Hampshire is establishing MVEBs for 2022 at 9.2 tpswd of VOC and 11.8
tpswd of NOX, for the same area. The 2008 and 2022 MVEBs were
prepared with the MOVES

[[Page 457]]

model. Previously SIP-approved 2009 MVEBs prepared with MOBILE6.2 are
being withdrawn. Finally, EPA is also approving a comprehensive 2008
emission inventory for this area.

[67 FR 18497, Apr. 16, 2002, as amended at 67 FR 72576, Dec. 6, 2002; 73
FR 14388, Mar. 18, 2008; 74 FR 8867, Feb. 27, 2009; 76 FR 14807, Mar.
18, 2011; 77 FR 31498, May 29, 2012; 77 FR 65627, Oct. 30, 2012; 78 FR
6743, Jan. 31, 2013]

Sec. 52.1535 Original identification of plan section.

(a) This section identifies the original ``Air Implementation Plan
for the State of New Hampshire'' and all revisions submitted by New
Hampshire that were federally approved prior to August 18, 2009.
(b) The plan was officially submitted on January 27, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Miscellaneous non-regulatory additions to the plan correcting
minor deficiencies submitted on February 23, 1972, by the New Hampshire
Air Pollution Control Agency.
(2) Non-regulatory provisions for retention and availability of air
quality data submitted on March 23, 1972, by the New Hampshire Air
Pollution Control Agency.
(3) Attainment dates of national primary and secondary air quality
standards submitted on August 8, 1972, by the New Hampshire Air
Pollution Control Agency.
(4) Revision of regulation No. 5, section 111.A, limiting sulfur
content of fuels submitted on September 26, 1972, by the New Hampshire
Air Pollution Control Agency.
(5) Compliance schedules submitted on February 14, 1973, by the New
Hampshire Air Pollution Control Agency.
(6) Compliance schedules submitted on March 22, 1973, by the New
Hampshire Air Pollution Control Agency.
(7) Revision exempting steam locomotives from the plan submitted on
April 3, 1973, by the New Hampshire Air Pollution Control Agency.
(8) Regulation No. 20 requiring review of indirect sources submitted
on December 13, 1973, by New Hampshire Air Pollution Control Agency.
(9) AQMA identification material submitted on May 20, 1974, by the
New Hampshire Air Pollution Control Agency.
(10) Miscellaneous revisions to Regulation numbers, 4, 6, 8, 10, 11,
13, 14, and 17 submitted on June 6, 1974, by the New Hampshire Air
Pollution Control Agency.
(11) Revision to Regulation 18, ``Requirements for Recordkeeping at
Facilities which Discharge Air Contaminants,'' submitted on May 28,
1975, by the New Hampshire Air Pollution Control Agency.
(12) Attainment plans to meet the requirements of Part D for carbon
monoxide for Metropolitan Manchester and ozone for AQCR 121, programs
for the review of construction and operation of new and modified major
stationary sources of pollution in both attainment and non-attainment
areas and certain miscellaneous provisions were submitted on May 29,
1979, November 6, 1979, and March 17, 1980.
(13) Attainment plans to meet the requirements of Part D for total
suspended particulates and sulfur dioxide in Berlin were submitted by
the Governor of New Hampshire on September 19, 1979.
(14) Revisions to Regulation 5, Prevention, Abatement, and Control
of Sulfur Emission from Stationary Combustion Equipment, submitted by
the Governor of New Hampshire on July 12, 1973 and April 11, 1975.
(15) A plan to provide comprehensive public participation and an
analysis of the effects of the New Hampshire 1979 SIP revisions were
submitted on February 28, 1980.
(16) Revised regulations to assure reasonable further progress and
compliance by owners of proposed new sources with Federal as well as
state regulations were submitted on July 8, 1980.
(17) A comprehensive air quality monitoring plan, intended to meet
requirements of 40 CFR part 58, was submitted by the New Hampshire Air
Resource Agency Director on January 30, 1980.
(18) A plan to attain and maintain the National Ambient Air Quality
Standard for lead and to amend the state's air quality standards was
submitted on April 15, 1980. A letter further explaining the state
procedures

[[Page 458]]

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

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

(23) Carbon monoxide attainment plan revisions for the City of
Manchester which meet the requirements of Part D of the Act for 1982 SIP
revisions. The revisions were submitted on October 5, 1982 and December
20, 1982 by the New Hampshire Air Resources Agency.
(24) A revision specifying the State will follow Federal permit
notice and hearing procedures for applications subject to PSD
requirements was submitted by the Air Resources Commission on November
19, 1982.
(25) Revisions to the State Implementation Plan for ozone,
consisting of emission limits and compliance schedules for Oak Materials
Group, Ideal Tape Co., Markem Corp., Essex Group, and Nashua Corp.'s
Merrimack Facility, were submitted on December 23, 1982, December 30,
1982, January 19, 1983, and March 18, 1983.
(26) Revisions to CHAPTER Air 400, Section Air 402.02 (formerly
Regulation 5). raising the allowable sulfur-in-oil limit for all but ten
sources, were submitted by New Hampshire on July 12, 1973, April 11,
1975, December 21, 1982 and March 29, 1983. The excluded sources are:

1. International Packings Corp., Bristol.
2. Dartmouth College, Hanover.
3. Hinsdale Products Co., Inc., Hinsdale.
4. Groveton Paper Co., Northumberland.
5. James River Corp./Cascade Division, Gorham.
6. Velcro USA, Inc., Manchester.
7. ATC Petroleum, Newington.
8. Anheuser-Busch, Inc., Merrimack.
9. Hoague-Sprague Corp., West Hopkinton.
10. Public Service Co., Manchester Steam, Manchester.

(27) Amendments to Regulation Air 1204.02(c), defining
``equivalent'' to include ``solids-applied basis'' and Air 1204.21(j),
altering the maximum time for compliance schedule extensions from
December 31, 1987 to July 1, 1985 were submitted on August 9, 1983. An
additional regulation, Air 1204.17, ``Emission Standards for
Miscellaneous Metal Parts and Products'' was submitted on August 17,
1981.

[[Page 459]]

(28) Revisions to Air 1204.01, updating the list of volatile organic
compounds exempted from PART Air 1204, and a revision to Air 101.74,
`Process weight' were submitted on November 10, 1983.
(29) Revisions raising the allowable sulfur-in-oil limit to 2.0% for
five sources excluded from revisions to CHAPTER Air 400, Section 402.02
(identified at subparagraph (c)(26) above), submitted on November 1,
1983. The five sources, and the source specific emission limits where
applicable, are:

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

(30) Revisions to Air 1201.05 adding paragraph (e), concerning
hazardous waste incinerators, was submitted on April 9, 1984. Approval
of this regulation shall not be construed to supercede New Source
Performance Standards; National Emission Standards for Hazardous Air
Pollutants; and the regulations controlling emissions from major new or
modified stationary sources in attainment and non-attainment areas.
(31) Revisions raising the allowable sulfur-in-oil limit to 2.0% for
two sources excluded from revisions to CHAPTER Air 400, Section 402.02
(identified at paragraph (c)(26) of this section), submitted on January
13, 1984. The two sources, and the source specific restrictions at each,
are:
(i) Manchester Steam Station, Public Service Company of N.H.,
Manchester (The auxiliary boiler is allowed to burn 2.0% sulfur oil as
long as the main boilers remain inactive. If either or both of the main
boilers are reactivated, the maximum sulfur content of oil burned in any
boiler shall not exceed 1.7% by weight. In addition, each main boiler
shall not operate until its stack height is increased to 45 m.)
(ii) Hinsdale Products Co., Inc., Hinsdale (Limited to a maximum
hourly fuel firing rate of 213 gallons.)
(32) A revision submitted on December 22, 1983 which requires Markem
Corporation to install an incinerator. The installation of the
incinerator must be completed by July 1, 1985.
(33) The TSP plan to attain primary standards in Berlin, New
Hampshire and the administrative order issued May 2, 1984 to the James
River Corporation which were submitted by the Air Resources Agency on
May 9, 1984.
(34) Revisions to Part (Air) 610 of Chapter 600, ``Statewide Permit
System'' for the preconstruction permitting of new major sources and
major modifications in nonattainment areas submitted on April 9, 1984
and September 10, 1984 by the New Hampshire Air Resources Commission.
(35) A revision to approve operating limits for boilers at Dartmouth
College, submitted on May 19, 1986 by the Director of the New Hampshire
Air Resources Agency.
(i) Incorporation by reference.
(A) Permits to Operate issued by the State of New Hampshire Air
Resources Agency to Dartmouth College, No. PO-B-1501.5, No. PO-B-1502.5,
and No. PO-B-1503.5, and Temporary Permit TP-B-150.2, 3, and 4, dated
January 6, 1986.
(36) Approval of a revision to allow the James River Corporation
(Cascade Mill), Gorham, to burn oil having a 2.2% sulfur-by-weight limit
in accordance with previously approved SIP regulation Chapter Air 400,
Section Air 402.02, submitted on February 11, 1985. This sources was
excluded from revisions pertaining to New Hampshire regulation Chapter
Air 400, Section Air 402.02 (identified at paragraph (c)(26) of this
section), but New Hampshire has now submitted adequate technical support
for approval.
(37) Revisions to the State Implementation Plan submitted on April
26, 1985, January 20, 1986 and May 12, 1987 by the Air Resources
Commission.
(i) Incorporation by reference.
(A) Letter dated April 26, 1985 from the New Hampshire Air Resources
Commission submitting revisions to the State Implementation Plan for EPA
approval.
(B) Revisions to New Hampshire Code of Administrative Rules, Part
Air 704.01, ``Permit Review Fee for Large Fuel Burning Devices,'' Part
Air 704.02,

[[Page 460]]

``Permit Review Fee for All Other Devices,'' Part Air 706.01, ``Renewal
Review Fee For Large Fuel Burning Devices,'' Part Air 706.02, ``Renewal
Review Fee For All Other Devices,'' Part Air 1202, ``Fuel Burning
Devices,'' effective on December 27, 1984.
(C) Certification from the State of New Hampshire dated April 26,
1985.
(D) Letter from the State of New Hampshire dated January 20, 1986.
(E) Letter from the State of New Hampshire dated May 12, 1987.
(38) Approval of a revision to allow the James River Corporation,
Groveton, to burn oil having a 2.2% sulfur-by-weight limit in accordance
with previously approved SIP regulation CHAPTER Air 400, Section Air
402.02, submitted on January 22, 1986. This source was previously
excluded from revisions pertaining to New Hampshire regulation CHAPTER
Air 400, Section Air 402.02 (identified at paragraph (c)(26) of this
section), but New Hampshire has now submitted adequate technical support
for approval.
(i) Incorporation by reference.
(A) The conditions in the following five Permits to Operate issued
by the State of New Hampshire Air Resources Agency on September 6, 1985,
to the James River Corporation--Groveton Group: Permit No. PO-B-1550,
Conditions 5B, 5C, and 5D; Permit No. PO-B-213, Conditions 2 and 5A;
Permit No. PO-B-214, Conditions 2 and 5A; Permit No. PO-B-215,
Conditions 2 and 5A; and Permit No. PO-BP-2240, Condition 5B. These
conditions limit the sulfur-in-fuel content at the James River
Corporation, Groveton, to 2.2% sulfur by weight.
(39) Attainment plans for carbon monoxide for the City of Nashua
including an extension of the attainment date to December 31, 1990 as
submitted on September 12, 1985, December 3, 1985, October 7, 1986,
March 6, 1987, May 12, 1987 and October 15, 1987.
(i) Incorporation by reference.
(A) The New Hampshire Code of Administrative Rules, Department of
Safety, Chapter 900, Emission Inspections, Part Saf-M, 901, Part Saf-M
902, Part Saf-M 903, Part Saf-M 904, Part Saf-M 905, Part Saf-M 906,Part
Saf-M 907, Part Saf-M 908, Part Saf-M 909, and Part Saf-M 910, effective
October 6, 1986.
(B) Section 715.02 Introductory Text and paragraph (1) of Part Saf-
M-715, and Sec. 716.01 Introductory Text and paragraph (g) of Part Saf-
M-716, submitted to New Hampshire Department of Safety by the State of
New Hampshire on August 14, 1985.
(ii) Additional material.
(A) A letter from Governor John H. Sununu to Michael R. Deland,
dated March 6, 1987, committing to take legislative measures to convert
the Inspection/Maintenance program in the Nashua area to the use of
computerized emission analyzers in the event that the program is found
to not be achieving the necessary emission reductions.
(B) Narrative submittals, including an attainment demonstration.
(40) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on July 6, 1989.
(i) Incorporation by reference.
(A) Letter from the New Hampshire Air Resources Division dated July
6, 1989 submitting revisions to the New Hampshire State Implementation
Plan.
(B) Revisions to New Hampshire's Rule Env-A 303.01 entitled
``Particulate Matter,'' effective April 21, 1989.
(C) Revisions to New Hampshire's Rule Env-A 1001.02 entitled
``permissible Open Burning,'' effective May 26, 1989.
(41) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on February 12, 1991.
(i) Incorporation by reference.
(A) Letter from the New Hampshire Air Resources Division dated
February 12, 1991 submitting a revision to the New Hampshire State
Implementation Plan.
(B) Env-A 802.09 and Env-A 802.10 of the New Hampshire
Administrative Rules Governing the Control of Air Pollution entitled
``Continuous Emission Monitoring'' and ``CEM Recordkeeping
Requirements,'' respectively. These regulations were effective on
December 27, 1990.
(ii) Additional materials.
(A) Nonregulatory portions of the State submittal.
(42) [Reserved]

[[Page 461]]

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

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

(ii) Additional materials.
(A) Letters from the New Hampshire Air Resources Division dated May
7, August 20, and August 26, 1991, March 6, and May 6, 1992 withdrawing
certain portion of the February 12, 1991 SIP submittal.
(46) Revisions to the State Implementation Plan consisting of
amendments to Chapter Env-A 1204.12 Emission Control Methods for Cutback
and Emulsified Asphalt submitted by the New Hampshire Air Resources
Division on May 15, 1992.
(i) Incorporation by reference.
(A) Letter from the New Hampshire Air Resources Division dated May
15, 1992 submitting a revision to the New Hampshire State Implementation
Plan.
(B) The following portions of the Rules Governing the Control of Air
Pollution for the State of New Hampshire effective on January 17, 1992:
Chapter Env-A 1200: PART Env-A 1204.12 Emission Control Methods for
Cutback and Emulsified Asphalt.
(47) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on May 15, 1992.
(i) Incorporation by reference.
(A) Letter from the New Hampshire Air Resources Division dated May
15, 1992 submitting a revision to the New Hampshire State Implementation
Plan.
(B) The following portions of the Rules Governing the Control of Air
Pollution for the State of New Hampshire effective on January 17, 1992:

--Chapter Env-A 800: Part Env-A 805

[[Page 462]]

--Chapter Env-A 1200: Sections Env-A 1204.02, 1204.04, 1204.05-1204.08,
1204.14-1204.15.
(48) [Reserved]
(49) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on June 17, 1994, and December 21,
1992.
(i) Incorporation by reference.
(A) Letters from the New Hampshire Air Resources Division dated June
17, 1994, and December 21, 1992, submitting revisions to the New
Hampshire State Implementation Plan.
(B) Regulations Chapter Env-A 1200, Part Env-A 1211, ``Nitrogen
Oxides (NOX),'' effective on May 20, 1994, and Chapter Env-A
900, Part Env-A 901, sections Env-A 901.06 ``NOX
Recordkeeping Requirements,'' and Env-A 901.07, ``NOX
Reporting Requirements,'' effective on November 13, 1992.
(50) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on July 7, 1995, September 18, 1995,
and October 18, 1995.
(i) Incorporation by reference.
(A) Letters from the New Hampshire Air Resources Division dated July
7, 1995, September 18, 1995, and October 18, 1995, submitting revisions
to the New Hampshire State Implementation Plan.
(B) New Hampshire NOX RACT Order ARD-95-001, concerning
Groveton Paperboard Corporation, effective on May 10, 1995.
(C) New Hampshire NOX RACT Order ARD-95-002, concerning
Plymouth Cogeneration Limited Partnership, effective September 12, 1995.
(D) New Hampshire NOX RACT Order ARD-95-003, concerning
Waterville Valley Ski Area Limited, effective September 19, 1995.
(51) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on December 9, 1996, June 28, 1996,
October 24, 1996, and July 10, 1995.
(i) Incorporation by reference.
(A) Letters from the New Hampshire Air Resources Division dated
December 9, 1996, June 28, 1996, October 24, 1996, July 10, 1995 and
December 21, 1992 submitting revisions to the New Hampshire State
Implementation Plan (SIP), and a letter dated November 21, 1997
withdrawing Env-A 1204.06 from the SIP submittal.
(B) Regulations Part Env-A 801 ``Purpose;'' Part Env-A 802 ``Testing
and Monitoring for Stationary Sources: General Requirements;'' Part Env-
A 902 ``Malfunctions and Breakdowns of Air Pollution Control
Equipment;'' and Part Env-A 903 ``Compliance Schedules'' all effective
November 15, 1992.
(C) Regulations Part Env-A 803 ``VOC Testing;'' Part Env-A 804
``Capture Efficiency;'' Sections Env-A 901.01 through 901.05, 901.08 and
901.09 of Part Env-A 901 ``Recordkeeping and Reporting by Sources;'' and
Part Env-A 1204 ``Stationary Sources of Volatile Organic Compounds
(VOCs) (except 1204.06),'' all effective on August 31, 1995.
(D) New Hampshire VOC RACT Order ARD-94-001, concerning L.W.
Packard, effective May 5, 1995.
(E) New Hampshire VOC RACT Order ARD-95-010, concerning Kalwall in
Manchester, NH, effective September 10, 1996.
(F) New Hampshire VOC RACT Order ARD-96-001, concerning Textile
Tapes Corporation, NH, effective October 4, 1996.
(52) A revision to the New Hampshire SIP regarding ozone monitoring.
The State of New Hampshire will modify its SLAMS and its NAMS monitoring
system to include a PAMS network design and establish monitoring sites.
The State's SIP revision satisfies 40 CFR 58.20(f) PAMS requirements.
(i) Incorporation by reference.
(A) State of New Hampshire Photochemical Assessment Monitoring
Stations--Network Plan--Network Overview.
(ii) Additional material.
(A) NH-DES letter dated December 13, 1994, and signed by Thomas M.
Noel, Acting Director, NH-DES.
(53) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on August 29, 1996. This revision is
for the purpose of satisfying the rate-of-progress requirement of
section 182(b) and the contingency measure requirement of section
172(c)(9) of the Clean Air Act, for the Portsmouth-Dover-Rochester
serious ozone nonattainment area, and the New Hampshire portion

[[Page 463]]

of the Boston-Lawrence-Worcester serious ozone nonattainment area.
(i) Incorporation by reference.
(A) Letter from the New Hampshire Air Resources Division dated
August 29, 1996 submitting a revision to the New Hampshire State
Implementation Plan.
(54) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on April 14, 1997, May 6, 1997, and
September 24, 1997.
(i) Incorporation by reference.
(A) Letters from the New Hampshire Air Resources Division dated
April 14, 1997, May 6, 1997, and September 24, 1997 submitting revisions
to the New Hampshire State Implementation Plan.
(B) New Hampshire NOX RACT Order ARD-97-001, concerning
Public Service Company of New Hampshire in Bow, effective on April 14,
1997.
(C) New Hampshire NOX RACT Order ARD-95-011, concerning
Hampshire Chemical Corporation, effective on May 6, 1997.
(D) New Hampshire NOX RACT Order ARD-97-003, concerning
Crown Vantage, effective September 24, 1997.
(55)-(56) [Reserved]
(57) Revision to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on July 27, 1998.
(i) Incorporation by reference.
(A) Regulation Chapter Env-A 3200 NOX Budget Trading
Program adopted and effective on July 17, 1998.
(ii) Additional materials.
(A) Letter from the New Hampshire Air Resources Division dated July
27, 1998 submitting Chapter Env-A 3200 NOX Budget Trading
Program as a revision to the New Hampshire State Implementation Plan.
(58) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on November 25, 1992.
(i) Incorporation by reference.
(A) Letter from the New Hampshire Air Resources Division dated
November 24, 1992 submitting a revision to the New Hampshire State
Implementation Plan.
(B) Part Env-A 1205 ``Volatile Organic Compounds (VOC): Gasoline
Dispensing Facilities and Gasoline Tank Trucks,'' effective in the State
of New Hampshire on August 17, 1992.
(ii) Additional materials.
(A) New Hampshire Department of Environmental Services ``Stage II
Equivalency Demonstration,'' dated November 1992.
(B) Nonregulatory portions of the submittal.
(59) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on September 4, 1998 and November 20,
1998.
(i) Incorporation by reference.
(A) New Hampshire Code of Administrative Rules, Part Saf-C 3221A
``Emission Amendments to Official Motor Vehicle Inspection
Requirements'' as adopted on November 17, 1998; and Part Saf-C 5800
``Roadside Diesel Opacity Inspection Program Rules'' as adopted on
November 17, 1998.
(ii) Additional material.
(A) Document entitled ``Alternative New Hampshire Motor Vehicle
Inspection/Maintenance State Implementation Plan Revision'' dated
September 4, 1998.
(B) Letters from the New Hampshire Air Resources Division dated
September 4, 1998 and November 20, 1998 submitting a revision to the New
Hampshire State Implementation Plan.
(60) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division August 6, 2001 and April 26, 1995.
(i) Incorporation by reference.
(A) Section 623.01 and sections 623.03 through 623.06 of New
Hampshire's rule PART Env-A 623 rule entitled, ``Prevention of
Significant Deterioration (PSD) Of Air Quality Permit Requirements.''
This regulation was adopted in the State of New Hampshire on July 23,
2001.
(B) New Hampshire's rules PART Env-A 205.03, ``Applications Subject
to PSD Requirements,'' and PART Env-A 205.04, ``Applications Subject to
Nonattainment Requirements.'' These regulations were adopted in the
State of New Hampshire on February 22, 1995 and amended on July 23,
2001.
(ii) Additional materials.
(A) Letter from the New Hampshire Air Resources Division dated
August 6,

[[Page 464]]

2001 submitting a revision to the New Hampshire State Implementation
Plan.
(B) Letter from the New Hampshire Air Resources Division dated April
26, 1995 submitting a revision to the New Hampshire State Implementation
Plan.
(C) Nonregulatory portions of the State submittal.
(61) Revisions to the State Implementation Plan submitted by the New
Hampshire Department of Environmental Services on July 9, 1998.
(i) Additional materials.
(A) ``New Hampshire Stage II Comparability Analysis,'' prepared by
the New Hampshire Department of Environmental Services, dated July 1,
1998.
(62) Revisions to the State Implementation Plan submitted by the New
Hampshire Department of Environmental Services on June 7, 1994.
(i) Additional materials.
(A) Letter from the New Hampshire Department of Environmental
Services dated June 7, 1994 submitting a revision to the New Hampshire
State Implementation Plan.
(B) ``Clean Fuel Fleet Equivalency Demonstration,'' prepared by the
New Hampshire Department of Environmental Services, dated May, 1994.
(63) Revisions to the State Implementation Plan Submitted by the New
Hampshire Department of Environmental Services on July 10, 1996.
(i) Incorporation by reference.
(A) Letter from the New Hampshire Department of Environmental
Services dated July 10, 1996 submitting a revision to the New Hampshire
State Implementation Plan.
(B) Part Env-A 1502 of Chapter Env-A 1500 of the New Hampshire Code
of Administrative Rules titled ``Conformity of General Federal
Actions,'' adopted in the State of New Hampshire on April 25, 1996.
(64) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on July 27, 1998.
(i) Incorporation by reference.
(A) Order ARD 98-001 issued by the New Hampshire Department of
Environmental Services to Public Service Company of New Hampshire on
July 17, 1998, with attachments: Discrete emission reduction protocol
for Public Service of New Hampshire's Schiller Station, Units 4, 5 and
6, submitted to the New Hampshire Department of Environmental Services
on April 10, 1998; and Discrete emission reduction protocol for Public
Service of New Hampshire's Newington Station, Unit 1, submitted to the
New Hampshire Department of Environmental Services on April 10, 1998.
(ii) Additional materials.
(A) Letter from the New Hampshire Air Resources Division dated July
17, 1998 submitting Final RACT Order 98-001 as a revision to the New
Hampshire State Implementation Plan.
(65) Revisions to the State Implementation Plan submitted by the New
Hampshire Department of Environmental Services on August 16, 1999.
(i) Incorporation by reference. New Hampshire regulation Chapter
Env-A 3600, entitled ``National Low Emission Vehicle (National LEV)
Program'' adopted July 21, 1999.
(ii) Additional material. Letter from the New Hampshire Department
of Environmental Services dated August 16, 1999 submitting the Low
Emission Vehicle program as a revision to the State Implementation Plan.
(66) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on July 29, 1993 and July 2, 1999.
(i) Incorporation by reference.
(A) New Hampshire's PART Env-A 610 ``Additional Requirements in Non-
attainment Areas and the New Hampshire Portion of the Northeast Ozone
Transport Region'' adopted on May 21, 1993.
(B) New Hampshire's PART Env-A 622 (Formally Env-A 610) ``Additional
Requirements in Non-attainment Areas and the New Hampshire Portion of
the Northeast Ozone Transport Region'' incorporating the ``Plant-wide
Source,'' adopted on June 26, 1997.
(C) New Hampshire's PART Env-A 622 (Formally Env-A 610) ``Additional
Requirements in Non-attainment Areas and the New Hampshire Portion of
the Northeast Ozone Transport Region,'' addition of the requirements for
section 173(a)(4) and (5) of the CAA, adopted on January 29, 1999.
(D) Letter from the New Hampshire Air Resources Division dated July
29,

[[Page 465]]

1993 submitting a revision to the New Hampshire State Implementation
Plan.
(E) Letter from the New Hampshire Air Resources Division dated July
2, 1999 submitting a revision to the New Hampshire State Implementation
Plan.
(67) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on September 11, 1998.
(i) Additional materials.
(A) Letter from the New Hampshire Department of Environmental
Services dated September 11, 1998 stating a negative declaration for the
aerospace coating operations Control Techniques Guideline category.
(68) Revisions to the State Implementation Plan submitted by the New
Hampshire Air Resources Division on June 28, 1996 and April 15, 2002.
(i) Incorporation by reference.
(A) Order ARD-00-001 issued by the New Hampshire DES to Anheuser-
Busch Incorporated, effective April 15, 2002.
(B) Env-A 1204.27, ``Applicability Criteria and Compliance Options
for Miscellaneous and Multi-category Stationary VOC Sources,'' effective
August 21, 1995, is granted full approval for the New Hampshire portion
of the eastern Massachusetts serious ozone nonattainment area.
(ii) Additional materials.
(A) Letter from the DES, dated April 15, 2002, submitting revised
Anheuser-Busch order to EPA as a SIP revision and withdrawing previous
submittal for this facility dated June 20, 2000.
(B) Letter from the DES, dated March 22, 2002, containing
information on New Filcas of America.

[37 FR 10879, May 31, 1972]

Editorial Note: For Federal Register citations affecting Sec.
52.1535, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.

Subpart FF_New Jersey

Sec. 52.1570 Identification of plan.

(a) Title of plan: ``New Jersey State Implementation Plan to meet
National Air Quality Standards.''
(b) The plan was officially submitted on January 26, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Miscellaneous non-regulatory additions to the plan submitted on
April 17, 1972, by the New Jersey Department of Environmental
Protection.
(2) List of permits issued to sources allowing them particulate
emissions in excess of 25 tons per year submitted on May 15, 1972, by
the New Jersey Department of Environmental Protection.
(3) Legal opinion of State Attorney General on State's authority to
make available to the public emission data reported by sources submitted
on June 23, 1972, by the New Jersey Department of Law and Public Safety.
(4) Copies of the permits and certificates issued to sources
exceeding 25 tons per year of particulate emissions submitted on July 6,
1972, by the New Jersey Department of Environmental Protection.
(5) Revisions correcting deficiencies in the new source review
procedure submitted on March 22, 1973, by the Governor.
(6) Legal opinion of the State Attorney General on the State's
authority to deny a permit to construct or modify a source submitted on
April 18, 1973, by the New Jersey Department of Environmental
Protection.
(7) Revision to sulfur-in-fuel regulation, section 7:1-3.1 of New
Jersey Air Pollution Control Code, submitted on November 20, 1973, by
the New Jersey Department of Environmental Protection.
(8) Revision to the control of open burning regulation, section
7:27-2.1 of the New Jersey Air Pollution Control Code, submitted on
November 19, 1975, by the New Jersey Department of Environmental
Protection.
(9) Letter, dated January 16, 1976, from the New Jersey Department
of Environmental Protection stating that there would be no net increase
in hydrocarbon emissions as a result of the revisions to N.J.A.C. 7:27-
2.1.
(10) Regulation entitled: ``Control and Prohibition of Air Pollution
by Volatile Organic Substances,'' New Jersey Administrative Code
(N.J.A.C.) 7:27-16.1 et seq., submitted on January 8, 1976 by the New
Jersey Department of Environmental Protection.

[[Page 466]]

(11) Technical justification supporting N.J.A.C. 7:27-16 et seq.
submitted on March 3, 1976.
(12) Revisions consisting of 16 administrative orders issued
pursuant to the New Jersey Administrative Code (N.J.A.C.) 7:27-9.5(a)
and technical support for these orders received on April 27, 1976 from
the New Jersey Department of Environmental Protection.
(13) An administrative order directed to Hunt-Wesson Foods, Inc. in
Bridgeton, Cumberland County and issued pursuant to the New Jersey
Administrative Code (N.J.A.C.) 7:27-9.5(a), dated June 15, 1976, and
technical support for this order received by EPA on April 27, 1976, both
from the New Jersey Department of Environmental Protection.
(14) Revision to the Permits and Certificates regulation of the New
Jersey Air Pollution Control Code, N.J.A.C. 7:27-8.1 et seq., submitted
on June 8, 1976 by the New Jersey Department of Environmental
Protection.
(15) Revision consisting of an administrative order issued on
September 14, 1976 to Owens Illinois, Inc., Cumberland County, New
Jersey pursuant to the New Jersey Administrative Code (N.J.A.C.) 7:27-
9.5(a) and submitted on September 17, 1976 by the New Jersey Department
of Environmental Protection.
(16) A revision submitted by the New Jersey Department of
Environmental Protection consisting of an October 27, 1976 letter
indicating the extension, to July 12, 1977, of ``variances'' to the
provisions of the New Jersey Administrative Code (N.J.A.C.) 7:27-9.1 et
seq., Sulfur in Fuel, for 18 facilities; and supplemental technical
information submitted in a November 22, 1976 letter. The extended
``variances'' including all their terms and conditions are made a part
of the New Jersey State Implementation Plan. The facilities affected by
these ``variances'', their location and applicable sulfur in fuel oil
limitation until July 12, 1977 are as follows:

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

(17) A revision submitted by the New Jersey Department of
Environmental Protection consisting of a January 10, 1978 letter
indicating the extension, to July 12, 1978, of ``variances'' to the
provisions of the New Jersey Administrative Code (N.J.A.C.) 7:27--9.1 et
seq., Sulfur in Fuel, for 17 facilities and accompanying supplemental
information. The extended ``variances'' including all their terms and
conditions are made a part of the New Jersey State implementation plan.
The facilities affected by these ``variances,'' their locations, and
applicable sulfur-in-fuel-oil limitations until July 12, 1978 are as
follows:

[[Page 467]]

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

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

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

(19) A revision submitted by the New Jersey Department of
Environmental Protection on July 6, 1978 consisting of amendments to the
provisions of the New Jersey Administrative Code (N.J.A.C.) 7:27-10.1 et
seq., Sulfur in Coal, and accompanying supplemental information.
(20) A revision consisting of all but one of the sections of the
revised regulation, N.J.A.C. 7:27-6.1 et seq., submitted by the New
Jersey Department of Environmental Protection with a March 31, 1977
cover letter which also transmitted the basis and background document
and the Report of the Public Hearing. The one section that is not
approved as submitted by the State is Section 6.5, ``Variances.''
(21) A revision submitted by the New Jersey Department of
Environmental Protection on August 10, 1978 consisting of amendments to
the provisions of the New Jersey Administrative Code (N.J.A.C.) 7:27-9.1
et seq., Sulfur in Fuels, and accompanying supplemental information.

[[Page 468]]

(22) A comprehensive revision for nonattainment areas entitled,
``Proposed New Jersey State Implementation Plan for the Attainment and
Maintenance of Air Quality Standards,'' submitted, as required by Part D
of the Clean Air Act, on December 29, 1978 by the New Jersey Department
of Environmental Protection.
(23) Supplementary submittals, pertaining to the plan revision for
nonattainment areas required by Part D of the Clean Air Act, from the
New Jersey Department of Environmental Protection as follows:

A package dated April 17, 1979 from the New Jersey Department of
Environmental Protection to EPA entitled, ``N.J. SIP Supplement 1,'' and
covering the State's schedule for future actions, expected costs and
sources of funding, ongoing consultation process, graphical
representation of reasonable further progress, schedule for promulgation
of emission offset rule, commitment to adoption of tall stack policy and
comments on EPA's proposed tall stack policy, discussion and schedule
for resolution of the Bridgeton particulate downwash problem, summary of
particulate emissions inventories for non-attainment areas, request for
extension for submittal of SIP for secondary TSP standard, and expanded
explanation of current I/M program.
A Supplement 2 to the proposed SIP revision consisting of a cover
letter dated June 20, 1979 and four attachments from the New Jersey
Department of Environmental Protection to EPA covering a proposed
version of the State's new source review regulation, a discussion of
reasonable further progress with respect to volatile organic substance
sources, the design values for ozone in the Metropolitan New York and
Metropolitan Philadelphia Interstate Air Quality Control Regions, and a
proposed version of the State's regulation for the control of volatile
organic substances (VOS).
A submittal dated July 5, 1979 from the New Jersey Department of
Environmental Protection to EPA covering the State's draft regulation
controlling VOS, operating and maintenance procedures for open top tanks
and surface cleaners covered under the State's draft VOS control
regulation, and evaporative losses from VOS storage tanks.
A package consisting of a cover letter dated October 3, 1979 from
the New Jersey Department of Environmental Protection to EPA and an
accompanying report covering an analysis of the Bridgeton particulates
downwash problem and the State's effort to execute memoranda of
understanding with its Metropolitan Planning Organization.
A cover letter received by EPA dated October 19, 1979 from the New
Jersey Department of Environmental Protection together with the State's
adopted regulation for control of VOS, N.J.A.C. 7:27-16.1 et seq., and
``Report of Public Hearing and Basis for promulation .
A package consisting of a letter dated January 9, 1980 from the New
Jersey Department of Environmental Protection to EPA covering the
conditions on SIP approval which were listed by EPA in the proposed
rulemaking notice for the SIP revision and four references covering the
October 3, 1979 Bridgeton particulates analysis, an updated Bridgeton
particulates analysis, and an energy analysis of certain VOS controls
called for in N.J.A.C. 7:27-16.1 et seq. justifying the State's position
on seasonal variances for certain VOS sources.

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

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

(25) Supplementary submittals, dated March 5, April 9 and April 10
from the New Jersey Department of Environmental Protection consisting of
test methods to be used in determining compliance with the provisions of
N.J.A.C. 7:27-16.1 et seq., ``Control and Prohibition of Air Pollution
by Volatile Organic Substances.''
(26) A supplementary submittal, dated April 22, 1980, from the New
Jersey Department of Environmental Protection and the New Jersey
Department of Transportation consisting of three documents entitled
``The Transportation Planning Process in New Jersey,'' ``Summary of
Financial Resources for Transportation-Air Quality Planning,'' and
``Program for Selection of Needed Transportation Control Measures, April
1980.''

[[Page 469]]

(27) A supplementary submittal dated August 5, 1980 from the New
Jersey Department of Environmental Protection consisting of revisions to
Subchapter 18 of the New Jersey Administrative Code, entitled, ``Control
and Prohibitions of Air Pollution from Ambient Air Quality in
Nonattainment Areas'' (Emission Offset Rule), N.J.A.C. 7:27-18.1 et seq.
(28) A supplementary submittal from the State of New Jersey
Department of Environmental Protection, consisting of an Ambient Air
Quality Monitoring SIP revision dated August 1.
(29) A June 30, 1980 submittal by the New Jersey Department of
Environmental Protection (NJDEP) consisting of an Amended Consent Order
entered into by NJDEP and the Atlantic City Electric Company. This
revision to the New Jersey State Implementation Plan establishes a
construction and testing schedule designed to bring units 1 and 2 at
Atlantic City Electric Company's B.L. England Generating Station at
Beesley's Point, New Jersey, into compliance with New Jersey
Administrative Code (N.J.A.C.) 7:27-3.1 et seq., Control and Prohibition
of Smoke from Combustion of Fuel; N.J.A.C. 7:27-4.1 et seq., Control and
Prohibition of Particulates from Combustion of Fuel; and N.J.A.C. 7:27-
10.1 et seq., Sulfur in Coal, by March 31, 1982 and June 1, 1982,
respectively.
(30) A supplementary submittal dated April 27, 1981, from the New
Jersey Department of Environmental Protection consisting of newly
adopted revisions to a regulation concerning the Control and Prohibition
of Open Burning, N.J.A.C. 7:27-21 et seq., an Order of Adoption, the
Report of Public Hearing, and the Basis for the Proposed Amendments.
(31) A supplementary submittal dated July 8, 1981, from the New
Jersey Department of Environmental Protection consisting of newly
adopted revisions to Subchapter 10, Sulfur in Solid Fuels, N.J.A.C.
7:27-10.1 et seq., an Order of Adoption, the Report of Public Hearing,
and the Basis for the Proposed Amendments.
(32) Revisions submitted on March 17, 1982 and April 27, 1982 by the
New Jersey State Department of Environmental Protection which grant
``cullet variances'' to furnace number 2 of the Anchor Hocking
Corporation's Salem plant and furnaces G, Y, J, K, L, M, R of the Owens-
Illinois, Inc. Vineland plant. The ``cullet variances'' will remain in
effect for up to two years from August 10, 1982.
(33) A revision submitted by the New Jersey Department of
Environmental Protection on December 16, 1982 consisting of amendments
to the provisions of the New Jersey Administrative Code (N.J.A.C.) 7:27-
9.1 et seq., Sulfur in Fuels, to provide for ``sulfur dioxide bubbles''
and ``clean conversion incentives.''
(34) Revisions to the New Jersey State Implementation Plan submitted
on November 23, 1982, January 18, 1983, February 14, 1983, July 11,
1983, July 28, 1983 and September 26, 1983 by the New Jersey Department
of Environmental Protection.

(35) A supplementary submittal dated July 11, 1983, from the
Department of Environmental Protection consisting of adopted revisions
to: Subchapter 3--``Control and Prohibition of Smoke from Combustion of
Fuel,'' dated October 12, 1977, Subchapter 4--``Control and Prohibition
of Particles from Combustion of Fuel,'' dated October 12, 1977, and
Subchapter 5--``Prohibition of Air Pollution,'' dated October 12, 1977,
of Title 7, Chapter 27 of the New Jersey Administrative Code; the
proposed Regulatory Amendments; the Report of the Public Hearing; and
the Order of Adoption.

(36) A revision submitted by the New Jersey Department of
Environmental Protection to allow U.S. Gypsum Co. temporarily to burn
fuel oil with a sulfur content of 2.0 percent, by weight, at either
Boiler 1, 2, or 3 at its Clark, New Jersey
plant. The New Jersey submittal consists of an April 14, 1983 letter
transmitting a State issued February 14, 1983 Public Notice and a letter
dated March 14, 1983 transmitting an Administrative consent order
detailing procedures to be used by the State to determine compliance.
This revision will remain in effect until March 31, 1985 or until Boiler
4 is ready to burn coal, whichever occurs first.
(37) Three permanently adopted regulations were submitted on January
27,

[[Page 470]]

1984 and February 1, 1984 regarding the operation of the inspection and
maintenance program. These regulations pertain specifically to operating
procedures for private inspection stations (New Jersey Administrative
Code (N.J.A.C.) 13:20-33.1, 33.2, 33.50, and 33.51.), mechanic
certification requirements (N.J.A.C. 13:20-32.4, 32.14, and 32.15), and
specifications for exhaust gas analyzers (N.J.A.C. 7:27-15.1).
(38) The New Jersey State Implementation Plan for attainment and
maintenance of the lead standards was submitted on May 1 and August 15,
1984, and on April 22, April 29, May 17, and July 16, 1985 by the New
Jersey Department of Environmental Protection.
(i) Incorporation by reference.
(A) Revisions to N.J.A.C. 7:27-8, ``Permits and Certificates,''
effective April 5, 1985.
(B) Revisions to N.J.A.C. 7:27-13, ``Ambient Air Quality
Standards,'' effective June 25, 1985.
(C) Revisions to N.J.A.C. 7:27-18, ``Control and Prohibition of Air
Pollution from New or Altered Sources Affecting Ambient Air Quality
(Emission Offset Rule),'' effective March 11, 1985.
(D) A July 16, 1985 letter from the Department of Environmental
Protection; with attachment of letter dated July 15, 1985, contains
schedules for revising N.J.A.C. 7:27-6, ``Control and Prohibition of
Particles from Manufacturing Process,'' to incorporate maximum allowable
emission rates for lead and for adopting a new section, N.J.A.C. 7:27-
19, to govern the combustion of liquid fuels, if necessary.
(E) ``RACT-plus studies'' to determine strategies to eliminate
violation of the lead standards in the vicinity of Heubach, Inc., Newark
and Delco Remy, New Brunswick will be completed by November 1, 1985 and
control measures will be selected by January 1986.
(ii) Additional material.
(A) Narrative submittal of the Lead SIP, including attainment
demonstration, air quality data and summary of both current and
projected lead emissions.
(39) A revision to the plan for attainment of the particulate matter
standards submitted by the New Jersey Department of Environmental
Protection on February 21, March 14, and November 18, 1985.
(i) Incorporation by reference.
(A) Revisions to N.J.A.C. 7:27-14, ``Control and Prohibition of Air
Pollution from Diesel-Powered Motor Vehicles,'' effective July 1, 1985.
(B) Adoption of a new section of N.J.A.C. 7:27B-4 entitled ``Air
Test Method 4, Testing Procedures for Motor Vehicles,'' effective July
1, 1985.
(C) The following sections of N.J.A.C. 16:53 ``Autobus
Specifications which was effective on October 17, 1983:

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

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

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

[[Page 471]]

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

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

(ii) Additional material.
(A) Technical documentation of ambient modeling and monitoring for
lead in the vicinity of Delco Remy, New Brunswick.
(B) Technical documentation of ambient modeling and monitoring for
lead in the vicinity of Heubach Inc., Newark.
(42) A revision to the New Jersey State Implementation Plan (SIP)
for lead submitted on July 23, 1987 by the New Jersey Department of
Environmental Protection (NJDEP) and finalized on September 25, 1987.
(i) Incorporation by reference.
(A) A March 4, 1986 Administrative Order and Notice of Civil
Administrative Penalty Assessment (Log A860244) from the New
Jersey Department of Environmental Protection to the United States
Metals Refining Company (USMR).
(B) Letter of March 11, 1987 from Greenberg and Prior, attorneys for
USMR, to Anthony J. McMahon, Department of Environmental Protection,
Trenton, New Jersey.
(ii) Additional material.
(A) July 1987 Modeling Analysis for the Anchor Abrasives facility.
(B) Summary of public comments and response to comments for the
revision of the N.J. SIP for lead in the vicinity of USMR.
(C) USMR's comments on the revised N.J. SIP for lead in the vicinity
of USMR.
(43) [Reserved]
(44) A revision to the State Implementation Plan for Ozone submitted
on October 13, 1987 by the New Jersey Department of Environmental
Protection.
(i) Incorporation by reference.
Subchapter 2A of chapter 26, title 7 of the New Jersey
Administrative Code, ``Additional, Specific Disposal Regulations for
Sanitary Landfills,'' effective June 1, 1987.
(ii) Additional material.
New Jersey Department of Environmental Protection memorandum on
landfill gas emissions and control, dated October 7, 1987.
(45) Revisions to the New Jersey State Implementation Plan (SIP) for
ozone submitted on January 27, 1989 by the New Jersey State Department
of Environmental Protection (NJDEP) for its state gasoline volatility
program, including any waivers that may be granted under the program by
the state. In 1989, the control period will begin on June 30.
(i) Incorporation by reference. Subchapter 25 of chapter 27, title 7
of the New Jersey Administrative Code entitled ``Control and Prohibition
of Air Pollution by Vehicular Fuels,'' adopted on January 27, 1989 and
effective on February 21, 1989.
(ii) Additional material. April 27, 1989 letter from Christopher
Daggett, NJDEP, to William Muszynski, EPA Region II.
(46) Revisions to the New Jersey State Implementation Plan (SIP) for
ozone concerning motor vehicle refueling controls dated February 22,
1988, submitted by the New Jersey Department of Environmental Protection
(NJDEP).
(i) Incorporation by reference: Amendments to sections 16.1 and 16.3
of subchapter 16 of title 7 of the New Jersey Administrative Code,
entitled ``Control and Prohibition of Air Pollution by Volatile Organic
Substances,'' effective January 19, 1988.
(ii) Additional material:
(A) February 22, 1988 letter from Jorge Berkowitz, NJDEP, to Conrad
Simon, EPA, requesting EPA approval of the amendments to subchapter 16.
(B) April 18, 1988 letter from Jorge Berkowitz, NJDEP, to Conrad
Simon, EPA, providing copies of the test methods and permit approval
conditions applicable to Stage II vapor recovery systems in New Jersey.
(47) Revisions to the New Jersey State Implementation Plan (SIP) for
ozone concerning the motor vehicle inspection and maintenance (I/M)
program dated March 6, 1987, submitted by the New Jersey Department of
Environmental Protection (NJDEP).
(i) Incorporation by reference.

[[Page 472]]

(A) Amendments to title 7, chapter 27, subchapter 15 of the New
Jersey Administrative Code, entitled ``Control and Prohibition of Air
Pollution From Gasoline-Fueled Motor Vehicles,'' effective January 21,
1985.
(B) Amendments to title 13, chapter 20, subchapter 28 of the New
Jersey Administrative Code, entitled ``Enforcement Service Inspection of
New Passenger Vehicles and New Motorcycles,'' effective January 21,
1985.
(ii) Additional material.
(A) July 24, 1990 letter from David West, NJDEP, to Rudolph
Kapichak, EPA, submitting the results of the study by Pacific
Environmental Services on the health risks of performing the fuel inlet
restrictor inspections.
(B) July 1, 1990 letter from David West, NJDEP, to Rudolph Kapichak,
EPA, notifying of the resumption of fuel inlet restrictor inspections.
(48) A revision submitted on June 3, 1988 by the New Jersey
Department of Environmental Protection (NJDEP) to revise its
implementation plan to include revised testing procedures.
(i) Incorporation by reference: New Jersey Administrative Code
7:27B-3, ``Air Test Method 3--Sampling and Analytical Procedures for the
Determination of Volatile Organic Substances from Source Operations,''
effective 9/8/86.
(ii) Additional material: October 15, 1990 letter from William
O'Sullivan, NJDEP to William S. Baker, EPA.
(49) Revisions to the New Jersey State Implementation Plan (SIP) for
ozone concerning the control of fugitive gasoline vapors resulting from
the loading of marine transport vessels, dated June 20, 1990, submitted
by the New Jersey Department of Environmental Protection and Energy
(NJDEPE).
(i) Incorporation by reference.
(A) Amendments to Title 7, Chapter 27, Subchapter 16 of the New
Jersey Administrative Code, entitled ``Control and Prohibition of Air
Pollution by Volatile Organic Substances,'' effective February 6, 1989.
(B) Amendment to Title 7, Chapter 27, Subchapter 16 of the New
Jersey Administrative Code, entitled ``Control and Prohibition of Air
Pollution by Volatile Organic Substances,'' effective December 4, 1989.
(ii) Additional material.
(A) June 20, 1990, letter from Anthony J. McMahon, NJDEPE, to Conrad
Simon, EPA, requesting EPA approval of the amendments to subchapter 16.
(50) Regulation entitled ``Volatile Organic Substances in Consumer
Products'' N.J.A.C. 7-27-23.1 et seq., dated July 30, 1990, submitted by
the New Jersey Department of Environmental Protection and Energy
(NJDEPE).
(i) Incorporation by reference:
(A) Title 7, Chapter 27, Subchapter 23 of the New Jersey
Administrative Code, entitled ``Volatile Organic Substances in Consumer
Products'' effective February 21, 1989.
(B) Amendment to Title 7, Chapter 27, Subchapter 23 of the New
Jersey Administrative Code, entitled ``Volatile Organic Substances in
Consumer Products'' effective December 12, 1989.
(C) Amendment to Title 7, Chapter 27, Subchapter 23 of the New
Jersey Administrative Code, entitled ``Volatile Organic Substances in
Consumer Products'' effective August 9, 1990.
(ii) Additional material:
(A) July 30, 1990 letter from Anthony J. McMahon, NJDEPE, to Conrad
Simon, EPA, requesting EPA approval of Subchapter 23.
(51) Revisions to the New Jersey State Implementation Plan (SIP) for
ozone concerning the control of volatile organic compounds from
stationary sources, dated March 31, 1987, December 7, 1989, and March
13, 1992, submitted by the New Jersey State Department of Environmental
Protection and Energy (NJDEPE).
(i) Incorporation by reference.
(A) Amendments to Chapter 27, Title 7 of the New Jersey
Administrative Code Subchapter 16, ``Control and Prohibition of Air
Pollution by Volatile Organic Substances,'' effective September 22,
1986,
(B) Amendments to Chapter 27, Title 7 of the New Jersey
Administrative Code Subchapter 16, ``Control and Prohibition of Air
Pollution by Volatile Organic Substances,'' effective June 19, 1989,
(C) Amendments to Chapter 27, Title 7 of the New Jersey
Administrative

[[Page 473]]

Code: Subchapter 8, ``Permits and Certificates, Hearings, and
Confidentiality,'' effective March 2, 1992; Subchapter 16, ``Control and
Prohibition of Air Pollution by Volatile Organic Compounds,'' effective
March 2, 1992, Subchapter 17, ``Control and Prohibition of Air Pollution
by Toxic Substances,'' effective March 2, 1992; Subchapter 23,
``Prevention of Air Pollution by Architectural Coatings and Consumer
Products,'' effective March 2, 1992; Subchapter 25, ``Control and
Prohibition of Air Pollution from Vehicular Fuels,'' effective March 2,
1992; and Subchapter 3, ``Air Test Method 3: Sampling and Analytic
Procedures for the Determination of Volatile Organic Compounds from
Source Operations,'' effective March 2, 1992.
(ii) Additional material.
(A) March 31, 1987, letter from Jorge Berkowitz, NJDEP, to Conrad
Simon, EPA requesting EPA approval of the amendments to Subchapter 16.
(B) December 7, 1989, letter from Anthony McMahon, NJDEP, to Conrad
Simon, EPA requesting EPA approval of the amendments to Subchapter 16.
(C) March 13, 1992, letter from Nancy Wittenberg, NJDEPE, to Conrad
Simon, EPA requesting EPA approval of the amendments to Subchapter 16.
(52) Amendments submitted on April 21, 1993 by the New Jersey
Department of Environmental Protection and Energy to New Jersey Air Code
7:27-25 revising the testing requirements to gasoline providers in New
Jersey are subject.
(i) Incorporation by reference:
(A) Amendments to Chapter 27, Title 7 of the New Jersey
Administrative Code Subchapter 25, ``Control and Prohibition of Air
Pollution from Vehicular Fuels,'' effective September 3, 1991.
(53) A revision to the New Jersey State Implementation Plan (SIP)
for an Emission Statement Program dated February 19, 1993, submitted by
the New Jersey Department of Environmental Protection and Energy.
(i) Incorporation by reference:
(A) Title 7, Chapter 27, Subchapter 21, of the New Jersey
Administrative Code entitled, ``Emission Statements,'' effective March
15, 1993.
(ii) Additional information:
(A) May 24, 1993 letter from John Elston to Conrad Simon, EPA,
transmitting supporting documentation necessary for approval of the SIP
revisions. These items included:
(1) Notice of Adoption, March 15, 1993.
(2) Justification of Gasoline Dispensing Facility Exemption.
(B) October 29, 1993 letter from John Elston to Conrad Simon, EPA,
transmitting legislative language to reflect change in New Jersey's Air
Pollution Control Act regarding confidentiality provisions.
(C) February 3, 1994 letter from John Elston to Conrad Simon, EPA,
requesting the use of EPA's Emission Statement waiver provision.
(54) Revisions to the New Jersey State Implementation Plan (SIP) for
carbon monoxide concerning the control of carbon monoxide from mobile
sources, dated November 15, 1992 and November 21, 1994 submitted by the
New Jersey State Department of Environmental Protection (NJDEP).
(i) Incorporation by reference.
(A) Chapter 27, Title 7 of the New Jersey Administrative Code
Subchapter 18, ``Control and Prohibition of Air Pollution from New or
Altered Sources Affecting Ambient Air Quality (Emission Offset Rules),''
effective March 15, 1993.
(ii) Additional material.
(A) November 21, 1994, Technical update to the New Jersey Carbon
Monoxide SIP.
(55)-(56) [Reserved]
(57) The redesignation and maintenance plan for Camden County and
the Nine not-classified areas (the City of Trenton, the City of
Burlington, the Borough of Penns Grove (part), the Borough of Freehold,
the City of Morristown, the City of Perth Amboy, the City of Toms River,
the Borough of Somerville, and the City of Atlantic City) submitted by
the New Jersey Department of Environmental Protection on September 28,
1995, as part of the New Jersey SIP. The 1990 Baseline CO Emission
Inventory for the State of New Jersey was submitted on November 15, 1992
and a Technical Update was submitted on November 21, 1994.
(i) Incorporation by reference.

[[Page 474]]

(A) ``New Jersey Carbon Monoxide State Implementation Plan
Redesignation And Maintenance Plan For Camden County,'' section 5.f,
effective date September 28, 1995.
(B) ``New Jersey Carbon Monoxide State Implementation Plan
Redesignation and Maintenance Plan for the Nine Not-Classified
Nonattainment Areas,'' section 5.f, effective date September 28, 1995.
(ii) Additional material.
(A) ``New Jersey Carbon Monoxide State Implementation Plan
Redesignation And Maintenance Plan For Camden County'' with appendices,
September 28, 1995.
(B) ``New Jersey Carbon Monoxide State Implementation Plan
Redesignation and Maintenance Plan for the Nine Not-Classified
Nonattainment Areas'' with appendices, September 28, 1995.
(58) Revisions to the New Jersey State Implementation Plan (SIP) for
carbon monoxide concerning the oxygen content of motor vehicle gasoline,
dated November 15, 1992 submitted by the New Jersey State Department of
Environmental Protection (NJDEP).
(i) Incorporation by reference.
(A) Amendments to Chapter 27, Title 7 of the New Jersey
Administrative Code Chapter 27, Subchapter 25, ``Control and Prohibition
of Air Pollution by Vehicular Fuels,'' effective October 5, 1992 (as
limited in Sec. 52.1605).
(59) Revisions to the State Implementation Plan submitted by the New
Jersey Department of Environmental Protection on May 26, 1995, November
8, 1995, January 10, 1996 and October 10, 1996.
(i) Incorporation by reference.
(A) Conditions of Approval Documents (COAD):
The following facilities have been issued conditions of approval
documents by New Jersey:
(1) Edgeboro Disposal's landfill gas flares, Middlesex County, NJ
COAD approval dated April 13, 1995, revised October 19, 1995 (effective
November 6, 1995).
(2) E.I. duPont DeNemours and Co.'s carbon regeneration furnace,
Salem County, NJ COAD approval dated June 7, 1995.
(3) Hoeganaes Corp.'s electric arc furnace and tunnel kiln,
Burlington County, NJ COAD approval dated February 3, 1995.
(4) E.I. duPont DeNemours and Co.'s hazardous waste incinerator,
Salem County, NJ COAD approval dated July 7, 1995.
(5) Rollins Environmental Services' hazardous waste incinerator,
Gloucester County, NJ COAD approval dated May 25, 1995.
(6) American Ref-Fuel's Municipal Waste Incinerator, Essex County,
NJ NOX RACT approval dated February 6, 1995.
(7) Union County Utilities Authority's Municipal Waste Incinerator,
Union County; NJ NOX RACT approval dated May 10, 1994 with an
attached permit to construct, operate, and a PSD permit dated December
29, 1989.
(8) PSE&G's Hudson Station Unit No. 2 utility boiler, Hudson County,
NJ COAD approval dated May 9, 1995.
(9) Algonquin Gas Transmission Co.'s simple cycle combustion
turbines, Morris County, NJ COAD approval dated March 31, 1995.
(10) Hoffmann-La Roche's combined cycle combustion turbines, Essex
County, NJ COAD approval dated May 8, 1995.
(11) International Flavors and Fragrances' non-utility boiler Number
5, Monmouth County, NJ COAD approval dated June 9, 1995.
(12) Parsippany-Troy Hills Township Sewer Authority's sewage sludge
incinerators, Morris County, NJ COAD approval dated October 13, 1995.
(13) Johnson Matthey's multi-chamber metals recovery furnace,
Gloucester County, NJ COAD approval dated June 13, 1995.
(14) 3M Company's rotary kiln and dryers, Somerset County, NJ COAD
approval dated May 4, 1995.
(15) Sandoz Pharmaceuticals Corporation's trash fired boiler, Morris
County, NJ COAD approval dated March 23, 1995.
(16) General Motors Corporation's non-utility boiler (No.4), Mercer
County, NJ COAD approval dated June 22, 1995.

[[Page 475]]

(17) General Motors Corporation's Topcoat system, Union County, NJ
COAD approval dated November 6, 1995.
(18) United States Pipe and Foundry Company's cupolas and annealing
ovens (No. 2 and No. 3), Burlington County, NJ COAD approval dated
October 16, 1995.
(19) Griffin Pipe Products Company's cupola and annealing furnace,
Burlington County, NJ COAD approval dated December 14, 1995.
(20) Texas Eastern Transmission Corporation's internal combustion
engines, Hunterdon County, NJ COAD approval dated May 9, 1995.
(21) Texas Eastern Transmission Corporation's internal combustion
engines, Union County, NJ COAD approval dated May 9, 1995.
(ii) Additional information. Documentation and information to
support NOX RACT facility-specific emission limits or
alternative emission limits in four letters addressed to Regional
Administrator Jeanne M. Fox from New Jersey Commissioner Robert C.
Shinn, Jr. dated:
(A) May 26, 1995 for two SIP revisions;
(B) November 8, 1995 for eight SIP revisions;
(C) January 10, 1996 for ten SIP revisions; and
(D) October 10, 1996 for two SIP revisions.
(60) A revision to the New Jersey State Implementation Plan (SIP)
for ozone for adoption of rules for application of reasonably available
control technology (RACT) for oxides of nitrogen (NOX dated
November 15, 1993, submitted by the New Jersey Department of
Environmental Protection and Energy.
(i) Incorporation by reference.
(A) Title 7, Chapter 27, Subchapter 19, of the New Jersey
Administrative Code entitled ``Control and Prohibition of Air Pollution
from Oxides of Nitrogen,'' effective December 20, 1993.
(ii) Additional information:
(A) November 15, 1993 letter from Jeanne Fox, NJDEPE, to William J.
Muszynski, EPA, requesting EPA approval of Subchapter 19.
(61) [Reserved]
(62) Revisions to the New Jersey State Implementation Plan (SIP) for
ozone concerning the control of volatile organic compounds from consumer
and commercial products, dated January 25, 1996 submitted by the New
Jersey Department of Environmental Protection (NJDEP).
(i) Incorporation by reference.
(A) Title 7, Chapter 27, Subchapter 24, of the New Jersey
Administrative Code entitled ``Control and Prohibition of Volatile
Organic Compounds from Consumer and Commercial Products'' effective
November 6, 1995.
(ii) Additional material.
(A) January 25, 1996 letter from Robert C. Shinn, Jr., NJDEP, to
Jeanne M. Fox, EPA, requesting EPA approval of Subchapter 24.
(63) Revisions to the New Jersey State Implementation Plan (SIP) for
ozone concerning the control of volatile organic compounds from
stationary sources, dated November 15, 1993 and two revisions dated June
21, 1996 submitted by the New Jersey Department of Environmental
Protection (NJDEP).
(i) Incorporation by reference:
(A) Amendments effective December 20, 1993 to Title 7, Chapter 27 of
the New Jersey Administrative Code Subchapter 16, ``Control and
Prohibition of Air Pollution by Volatile Organic Compounds.''
(B) Amendments effective June 20, 1994 to Title 7, Chapter 27 of the
New Jersey Administrative Code: Subchapter 8, ``Permits and
Certificates'' (sections 8.1 and 8.2), Subchapter 16, ``Control and
Prohibition of Air Pollution by Volatile Organic Compounds,'' Subchapter
17, ``Control and Prohibition of Air Pollution by Toxic Substances,''
Subchapter 23, ``Prevention of Air Pollution From Architectural Coatings
and Consumer Products,'' and Subchapter 25, ``Control and Prohibition of
Air Pollution by Vehicular Fuels.'' Amendments effective June 20, 1994
to Title 7, Chapter 27B, Subchapter 3 of the New Jersey Administrative
Code Air Test Method 3--``Sampling and Analytical Procedures for the
Determination of Volatile Organic Compounds from Source Operations.''
(C) Amendments effective December 5, 1994 to Title 7, Chapter 27 of
the New Jersey Administrative Code Subchapter 16, ``Control and
Prohibition of

[[Page 476]]

Air Pollution by Volatile Organic Compounds.''
(D) Amendments effective May 15, 1995 to Title 7, Chapter 27 of the
New Jersey Administrative Code Subchapter 16, ``Control and Prohibition
of Air Pollution by Volatile Organic Compounds.''
(E) Amendments effective July 17, 1995 to Title 7, Chapter 27 of the
New Jersey Administrative Code Subchapter 16, ``Control and Prohibition
of Air Pollution by Volatile Organic Compounds.''
(ii) Additional material:
(A) November 15, 1993 letter from Jeanne Fox, NJDEP, to William J.
Muszynski, EPA, requesting EPA approval of Subchapter 16.
(B) June 21, 1996 letter from Robert C. Shinn, Jr., NJDEP, to Jeanne
M. Fox, EPA, requesting EPA approval of Subchapters 8, 16, 17, 23, 25
and Air Test Method 3.
(C) June 21, 1996 letter from Robert C. Shinn, Jr., NJDEP, to Jeanne
M. Fox, EPA, requesting EPA approval of Subchapter 16.
(64) Revisions to the State Implementation Plan submitted by the New
Jersey Department of Environmental Protection on June 18, 1996, July 10,
1996, December 17, 1996 and May 2, 1997.
(i) Incorporation by reference.
(A) Conditions of Approval Documents (COAD) or Facility Wide Permit.
The following facilities have been issued COADs or facility wide permits
by New Jersey:
(1) Geon Company's direct-fired dryers, Salem County, NJ facility
wide permit dated January 30, 1997. Incorporation by reference includes
only the pages with permit limits related to the dryers.
(2) PQ Corporation/Industrial Chemicals' Sodium Silicate Furnace,
Middlesex County, NJ COAD approval dated December 2, 1994.
(3) Air Products and Chemicals' Hazardous Waste Incinerator,
Gloucester County, NJ COAD approval dated January 25, 1996.
(4) Stony Brook Regional Sewerage Authority's sewage sludge
incinerators, Mercer County, NJ COAD approval dated October 27, 1995 and
modified on May 16, 1996.
(5) Township of Wayne, Mountain View Water Pollution Control
Facility's sewage sludge incinerators, Passaic County, NJ COAD approval
dated September 20, 1996.
(6) Atlantic States Cast Iron Pipe Company's cupola and annealing
oven, Warren County, NJ COAD approval dated November 22, 1994.
(7) Warren County Resource Recovery Facility's Municipal Waste
Incinerators, Warren County, NJ COAD dated August 1, 1996.
(8) Hercules Incorporated's Nitration System, Acid Concentrators,
and Open Pit Burner, Union County, NJ COAD dated May 1, 1996.
(9) US Department of Navy, Naval Air Warfare Center Aircraft
Division's jet engine test cells, Mercer County, NJ COAD approval dated
October 31, 1995.
(10) Atlantic Electric Company's Utility Boiler 8, Salem
County, NJ COAD approval dated February 25, 1997.
(11) U.S. Generating Company--Carneys Point Generating Plant's
auxiliary boiler, Salem County, NJ COAD approval dated February 2, 1996.
(12) U.S. Generating Company--Logan Generating Plant's auxiliary
boiler, Salem County, NJ COAD approval dated February 2, 1996.
(13) Schering Corporation's heat recovery steam generator with duct
burner, Union County, NJ COAD approval dated January 5, 1996.
(14) [Reserved]
(15) Elizabethtown Water Company's internal combustion engines,
Somerset County, NJ COAD approval dated May 8, 1996.
(ii) Additional information--Documentation and information to
support NOX RACT facility-specific emission limits,
alternative emission limits, or repowering plan in four letters
addressed to Regional Administrator Jeanne M. Fox from New Jersey
Commissioner Robert C. Shinn, Jr. dated:
(A) June 18, 1996 for four SIP revisions,
(B) July 10, 1996 for three SIP revisions,
(C) December 17, 1996 for five SIP revisions,
(D) May 2, 1997 for three SIP revisions.

[[Page 477]]

(65) Revision to the New Jersey State Implementation Plan (SIP) for
ozone, submitting a New Jersey Clean Fleets program with Ozone Transport
Commission Low Emission Vehicle (OTC-LEV) program as an effective
backstop, substituted for the Clean Fuel Fleet program, dated February
15, 1996, March 29, 1996, and March 6, 1997, submitted by the New Jersey
Department of Environmental Protection (NJDEP).
(i) Incorporation by reference. Title 7, Chapter 27, Subchapter 26,
``Ozone Transport Commission Low Emission Vehicles Program,'' effective
December 18, 1995.
(ii) Additional material.
(A) Letter dated February 15, 1996 from NJDEP Commissioner Shinn to
Region 2 Administrator Jeanne M. Fox transmitting first version of NJCF
program.
(B) Letter dated March 29, 1996 from NJDEP Commissioner Shinn to
Region 2 Administrator Jeanne M. Fox supplementing February 15, 1996
submittal.
(C) ``SIP Revision for the Attainment and Maintenance of the Ozone
National Ambient Air Quality Standards, New Jersey Clean Fleets (NJCF)
SIP,'' March 6, 1997.
(1) NJCF Appendix D: ``New Jersey Clean Fleets (NJCF) Program (1996
Action Plan Recommendations).''
(2) NJCF Appendix H: Response to Public Comments, NJCF Program,
dated February 14, 1997.
(3) February 20, 1998 letter from Sharon Haas, Principal
Environmental Specialist, NJDEP, to George Krumenacker, Transportation
Services Specialist I, Bureau of Transportation Services, New Jersey
Department of Treasury.
(4) March 25, 1998 Memo from Colleen Woods, Acting Director, Motor
Vehicle Services, to Sharon Haas, Principal Environmental Specialist,
NJDEP.
(66) A revision to the New Jersey State Implementation Plan (SIP)
for ozone concerning revisions to the rule for requiring reasonably
available control technology (RACT) for sources emitting oxides of
nitrogen (NOX) dated March 24, 1995, submitted by the New
Jersey Department of Environmental Protection.
(i) Incorporation by reference:
(A) Title 7, Chapter 27, Subchapter 19, of the New Jersey
Administrative Code entitled ``Control and Prohibition of Air Pollution
from Oxides of Nitrogen,'' effective April 17, 1995.
(ii) Additional information:
(A) June 21, 1996 letter from Robert C. Shinn, Jr., NJDEP, to Jeanne
M. Fox, EPA, requesting EPA approval of revisions to Subchapter 19.
(67) Revision to the New Jersey State Implementation Plan (SIP) for
ozone, submitting amended New Jersey Ozone Transport Commission--Low
Emission Vehicle (OTC-LEV) program, Opting into the National Low
Emission Vehicle (National LEV) Program, dated February 22, 1999,
submitted by the New Jersey Department of Environmental Protection
(NJDEP).
(i) Incorporation by reference: Title 7, Chapter 27, Subchapter 26,
``Ozone Transport Commission--Low Emission Vehicles Program,'' effective
March 1, 1999.
(ii) Additional information: Letter from the New Jersey Department
of Environmental Protection Commissioner Shinn, dated February 22, 1999,
submitting a revision to the New Jersey State Implementation Plan for
the National Low Emission Vehicle program.
(68) Revisions to the New Jersey State Implementation Plan (SIP) for
carbon monoxide concerning the oxyfuel program, dated August 7, 1998,
submitted by the New Jersey State Department of Environmental Protection
(NJDEP).
(i) Incorporation by reference: Amendments to Title 7, Chapter 27 of
the New Jersey Administrative Code Subchapter 25, ``Control and
Prohibition of Air Pollution by Vehicular Fuels,'' effective August 17,
1998 (as limited in section 52.1605).
(69) A revision to the State Implementation Plan submitted on April
26, 1999 and supplemented on July 31, 2000 by the New Jersey Department
of Environmental Protection that establishes the NOX Budget
Trading Program.
(i) Incorporation by reference:
(A) Title 7, Chapter 27, Subchapter 31, of the New Jersey
Administrative code entitled ``NOX Budget Program'' adopted
on June 17, 1998, and effective on July 20, 1998.

[[Page 478]]

(ii) Additional information.
(A) Letter from the New Jersey Department of Environmental
Protection dated April 26, 1999, submitting the NOX Budget
Trading Program as a revision to the New Jersey State Implementation
Plan for ozone.
(B) Letter from the New Jersey Department of Environmental
Protection dated July 29, 1999, committing to correcting the violation
definition deficiency within one year of EPA's final action.
(C) Letter from the New Jersey Department of Environmental
Protection dated July 31, 2000, supplementing the April 26, 1999 SIP
submittal with the amended violation provisions.
(D) Guidance for Implementation of Emissions Monitoring Requirements
for the NOX Budget Program, dated January 28, 1997.
(E) NOX Budget Program Monitoring Certification and
Reporting Requirements, dated July 3, 1997.
(F) Electronic Data Reporting, Acid Rain/NOX Budget
Program, dated July 3, 1997.
(G) Measurement Protocol for Commercial, Industrial and Residential
Facilities, April 28, 1993.
(70) Revisions to the State Implementation Plan submitted on
December 10, 1999 and July 31, 2000 by the State of New Jersey
Department of Environmental Protection that establishes the
NOX Budget Trading Program, a 2007 Statewide NOX
emissions budget, and a commitment by New Jersey to comply with the
section 51.122 reporting requirements.
(i) Incorporation by reference:
(A) Regulation Subchapter 31 of Title 7, Chapter 27 of the New
Jersey Administrative Code, entitled ``NOX Budget Program,''
adopted on July 31, 2000 and effective on August 21, 2000.
(ii) Additional material:
(A) Letter from State of New Jersey Department of Environmental
Protection dated December 10, 1999, requesting EPA approval of the Ozone
SIP, entitled ``State Implementation Plan (SIP) Revision for the
Attainment and Maintenance of the Ozone and Carbon Monoxide National
Ambient Air Quality Standards; Meeting the Requirements of the Regional
NOX Cap Program and Transportation Conformity Budgets Related
to the Attainment of the Ozone and Carbon Monoxide National Ambient Air
Quality Standards; December 1, 1999,'' as a revision to the State of New
Jersey Implementation Plan for ozone.
(B) Letter from State of New Jersey Department of Environmental
Protection dated July 31, 2000, requesting EPA approval of the
NOX Budget Program as a revision to the New Jersey State
Implementation Plan for ozone. This submittal also contains 2007 State-
wide NOX emissions budget information that is supplemental to
the December 10, 1999 SIP submittal.
(71) Revisions to the New Jersey State Implementation Plan (SIP)
concerning the Enhanced Inspection and Maintenance Program, submitted on
August 20, 2001 by the New Jersey State Department of Environmental
Protection (NJDEP).
(i) Incorporation by reference:
(A) Amendments to Title 7, Chapter 27 of the New Jersey
Administrative Code (NJAC) Subchapter 15, ``Control and Prohibition of
Air Pollution From Gasoline-Fueled Motor Vehicles,'' effective November
15, 1999.
(B) Amendments to Title 7, Chapter 27B of the NJAC Subchapter 4,
``Air Test Method 4: Testing Procedures for Motor Vehicles,'' effective
November 15, 1999.
(C) Amendments to Title 13, Chapter 20 of the NJAC Subchapter 28,
``Inspection of New Motor Vehicles'' (Sections: 28.3, 28.4, 28.6),
effective December 6, 1999.
(D) Title 13, Chapter 20 of the NJAC: Subchapter 7, ``Vehicle
Inspection'' (Sections: 7.1, 7.2, 7.3, 7.4, 7.5, 7.6); Subchapter 24,
``Motorcycles'' (Section: 24.20); Subchapter 26, ``Compliance With
Diesel Emission Standards and Equipment, Periodic Inspection Program for
Diesel Emissions, and Self-Inspection of Certain Classes of Motor
Vehicles'' (Section: 26.16); Subchapter 29, ``Mobile Inspection Unit''
(Sections: 29.1, 29.2, 29.3); Subchapter 32, ``Inspection Standards and
Test Procedures To Be Used By Official Inspection Facilities'';
Subchapter 33, ``Inspection Standards and Test Procedures To Be Used By
Licensed Private Inspection Facilities''; Subchapter 43, ``Enhanced

[[Page 479]]

Motor Vehicle Inspection and Maintenance Program''; Subchapter 44,
``Private Inspection Facility Licensing''; and Subchapter 45, ``Motor
Vehicle Emission Repair Facility Registration'', effective December 6,
1999.
(E) Title 13, Chapter 21 Subchapter 5, ``Registrations'' (Section:
5.12) and Subchapter 15, ``New Jersey Licensed Motor Vehicle Dealers''
(Section: 15.7), effective December 6, 1999.
(72) Revisions to the New Jersey State Implementation Plan (SIP)
concerning the Enhanced Inspection and Maintenance Program, submitted on
December 3, 2002 by the New Jersey State Department of Environmental
Protection (NJDEP).
(i) Incorporation by reference:
(A) New Jersey Revised Statutes.
(1) Public Law 2002, Chapter 34, paragraph 15 amending N.J.S.A.
39:8-2.c, enacted on July 1, 2002.
(73) Revisions to the State Implementation Plan submitted by the New
Jersey Department of Environmental Protection on January 21, 1998, June
12, 1998 and April 26, 1999; and a letter which notified EPA of a
revised permit limit submitted by the New Jersey Department of
Environmental Protection on February 21, 2001.
(i) Incorporation by reference:
(A) Conditions of Approval Documents (COAD) or modified prevention
of significant deterioration (PSD) permit: The following facilities have
been issued COADs or modified PSD permit by New Jersey:
(1) American Ref-Fuel Company/Essex County Resource Recovery
Facility, Newark, Essex County, NJ PSD permit modification dated July
29, 1997. Incorporation by reference includes only the NOX
emission limits in section A.6 of the July 29, 1997 PSD permit.
(2) Co-Steel Corporation's (formerly New Jersey Steel Corporation)
electric arc furnace/melt shop and billet reheat furnace, Sayreville,
Middlesex County, NJ COAD approval dated September 3, 1997.
(3) Co-Steel Raritan Corporation's electric arc furnace/ladle
metallurgy system and billet reheat furnace, Perth Amboy, Middlesex
County, NJ COAD approval dated June 22, 1998.
(4) Homasote Company's natural gas dryer (wet fibreboard mat dryer),
West Trenton, Mercer County, NJ COAD approval dated October 19, 1998.
(5) Milford Power Limited Partnership's combined cycle cogeneration
facility, Milford, Hunterdon County, NJ COAD approval dated August 21,
1997.
(6) University of Medicine and Dentistry of New Jersey's
cogeneration units and Cleaver Brooks non-utility boilers, Newark, Essex
County, NJ COAD dated June 26, 1997.
(7) Roche Vitamins Inc's cogeneration facility and Boiler No. 1,
Belvidere, Warren County, NJ COAD dated June 10, 1998. The cogeneration
facility consists of one reciprocal engine (21.5 MW) and one heat
recovery steam generator (HRSG) equipped with a duct burner (Boiler No.
6).
(8) Township of Wayne, Mountain View Water Pollution Control
Facility's sewage sludge incinerators, Passaic County, NJ permit
revision dated December 21, 2000.
(ii) Additional information--Documentation and information to
support NOX RACT facility-specific emission limits,
alternative emission limits, or repowering plan in three SIP revisions
addressed to Regional Administrator Jeanne M. Fox from New Jersey
Commissioner Robert C. Shinn, Jr. and one letter addressed to Acting
Regional Administrator William J. Muszynski from Dr. Iclal Atay, Chief
Bureau of Air Quality Engineering dated:
(A) January 21, 1998 SIP revision for two sources,
(B) June 12, 1998 SIP revision for one source,
(C) April 26, 1999 SIP revision for four sources,
(D) February 21, 2001 for a revised permit limit for one source.
(74) Revisions to the State Implementation Plan submitted on June 4,
2003 and January 6, 2004 by the State of New Jersey Department of
Environmental Protection that establishes control programs for mobile
equipment repair and refinishing operations, solvent cleaning operations
and refueling of motor vehicles at gasoline service stations.
(i) Incorporation by reference:
(A) Regulation Subchapter 16 of Title 7, Chapter 27 of the New
Jersey Administrative Code, entitled ``Control and

[[Page 480]]

Prohibition of Air Pollution from Volatile Organic Compounds,'' adopted
on April 30, 2003 and effective on June 29, 2003.
(ii) Additional material:
(A) Letter from State of New Jersey Department of Environmental
Protection dated June 4, 2003, requesting EPA approval of a revision to
the Ozone SIP which contains amendments to the Subchapter 16 ``Control
and Prohibition of Air Pollution from Volatile Organic Compounds.''
(B) Letter from State of New Jersey Department of Environmental
Protection dated January 6, 2004 providing a compiled version of
Subchapter 16 which include the amendments.
(75) Revisions to the State Implementation Plan submitted on January
23, 2003 by the State of New Jersey Department of Environmental
Protection for the purpose of enhancing an existing Emission Statement
Program for stationary sources in New Jersey. The SIP revision was
submitted by New Jersey to satisfy the Clean Air Act requirements for
stationary sources to report annually to the State on their emissions of
volatile organic compounds (VOC), oxides of nitrogen (NOX)
and carbon monoxide (CO), in order for the State to make this data
available to EPA and the public.
(i) Incorporation by reference:
(A) Amended Regulation Subchapter 21 of Title 7, Chapter 27 of the
New Jersey Administrative Code, entitled ``Emission Statements,''
adopted on January 23, 2003 and effective on February 18, 2003.
(ii) Additional material:
(A) Letter from State of New Jersey Department of Environmental
Protection dated January 23, 2003, requesting EPA approval of a revision
to the Ozone and CO SIP which contains amendments to the Subchapter 21
``Emission Statements.''
(76) Revisions to the New Jersey State Implementation Plan (SIP)
concerning the Enhanced Inspection and Maintenance Program, submitted on
August 13, 2003 by the New Jersey Department of Environmental Protection
(NJDEP).
(i) Incorporation by reference:
(A) Title 13, Chapter 20 of the NJAC: Subchapter 7, ``Vehicle
Inspections'' (Section: 7.1); Subchapter 26, ``Compliance With Diesel
Emission Standards and Equipment, Periodic Inspection Program for Diesel
Emissions, and Self-Inspection of Certain Classes of Motor Vehicles''
(Sections: 26.2, 26.16); Subchapter 28, ``Inspection of New Motor
Vehicles'' (Section 28.3); Subchapter 29, ``Mobile Inspection Unit''
(Section: 29.2); Subchapter 32, ``Inspection Standards and Test
Procedures To Be Used By Official Inspection Facilities''; Subchapter
33, ``Inspection Standards and Test Procedures To Be Used By Licensed
Private Inspection Facilities''; Subchapter 43, ``Enhanced Motor Vehicle
Inspection and Maintenance Program''; Subchapter 44, ``Private
Inspection Facility Licensing''; and Subchapter 45, ``Motor Vehicle
Emission Repair Facility Registration,'' effective May 19, 2003.
(ii) Additional material:
(A) Letter from State of New Jersey Department of Environmental
Protection dated August 13, 2003, requesting EPA approval of a revision
to the Enhanced Inspection and Maintenance Program SIP which contains
amendments to the Subchapter 16 ``Control and Prohibition of Air
Pollution from Volatile Organic Compounds.''
(77) Revisions to the State Implementation Plan submitted by the New
Jersey Department of Environmental Protection on July 1, 1999 and
supplemented on September 12, 2002, September 26, 2002, April 3, 2003
and May 8, 2003.
(i) Incorporation by reference:
Conditions of Approval Document: Conditions of Approval Document
issued by New Jersey on July 1, 1999 to Repauno Products, LLC's sodium
nitrite manufacturing plant, Gibbstown, Gloucester County.
(ii) Additional information--Documentation and information to
support NOX RACT facility-specific emission limits in SIP
revision addressed to Regional Administrator Jeanne M. Fox from New
Jersey Commissioner Robert C. Shinn, Jr.:
(A) July 1, 1999 SIP revision,
(B) September 12, 2002, September 26, 2002, April 3, 2003 and May 8,
2003 supplemental information to the SIP revision,

[[Page 481]]

(C) May 14, 2004 commitment letter from New Jersey.
(78) Revisions to the State Implementation Plan submitted on July
28, 2004 by the State of New Jersey Department of Environmental
Protection that establishes an expanded control program for
architectural coatings.
(i) Incorporation by reference:
(A) Regulation Subchapter 23 of Title 7, Chapter 27 of the New
Jersey Administrative Code, entitled ``Prevention of Air Pollution From
Architectural Coatings,'' adopted on May 21, 2004 and effective on July
20, 2004.
(ii) Additional material:
(A) Letter from State of New Jersey Department of Environmental
Protection dated July 28, 2004, requesting EPA approval of a revision to
the Ozone SIP which contains amendments to the Subchapter 23
``Prevention of Air Pollution From Architectural Coatings.''
(79) Revisions to the State Implementation Plan submitted on June
22, 2004 by the State of New Jersey Department of Environmental
Protection that establishes an expanded control program for consumer
products including portable fuel containers.
(i) Incorporation by reference:
(A) Regulation Subchapter 24 of Title 7, Chapter 27 of the New
Jersey Administrative Code, entitled ``Prevention of Air Pollution From
Consumer Products,'' adopted on April 7, 2004 and effective on June 6,
2004.
(ii) Additional material:
(A) Letter from State of New Jersey Department of Environmental
Protection dated June 22, 2004, requesting EPA approval of a revision to
the Ozone SIP which contains amendments to the Subchapter 24
``Prevention of Air Pollution From Consumer Products.''
(80) Revision to the New Jersey State Implementation Plan (SIP) for
ozone concerning the control of nitrogen oxides from the Schering
Corporation's CoGEN II cogeneration facility located in Union County
submitted by the New Jersey Department of Environmental Protection
(NJDEP), dated March 31, 2005.
(i) Incorporation by reference:
(A) Conditions of Approval, Alternative Maximum Emission Rate For
NOX, Schering Corporation, Union, Union County, New Jersey
facility identification number 40084 approved March 9, 2005.
(81) Revisions to the State Implementation Plan for ozone dated
December 16, 2005 by the State of New Jersey Department of Environmental
Protection (NJDEP) that establishes revised control measures for
achieving additional reductions of NOX emissions from
stationary combustion sources.
(i) Incorporation by reference:
(A) Title 7, Chapter 27, Subchapter 19, of the New Jersey
Administrative Code entitled ``Control and Prohibition of Air Pollution
from Oxides of Nitrogen,'' effective October 17, 2005 and Title 7,
Chapter 27, Subchapter 16 of the New Jersey Administrative Code entitled
``Control and Prohibition of Air Pollution by Volatile Organic
Compounds,'' effective October 17, 2005.
(ii) Additional information:
(A) December 16, 2005 letter from Commissioner Bradley M. Campbell,
NJDEP, to Alan J. Steinberg, EPA, requesting EPA approval of revisions
to Subchapters 8, 16, 19, and 22.
(82) Revisions to the State Implementation Plan submitted on June 2,
2006, by the New Jersey Department of Environmental Protection which
consists of the adoption of California's second generation Low Emission
Vehicle (LEV) program.
(i) Incorporation by reference:
(A) Regulation Subchapter 29 of Title 7, Chapter 27 of the New
Jersey Administrative Code, entitled ``Low Emission Vehicle (LEV)
Program,'' except sections 29.6, 29.7, and 29.13(g) (incorporation by
reference of Title 13, Chapter 1, Article 2, Sections 1961.1 and 1962 of
the California Code of Regulations only), adopted on November 28, 2005.
(83) Revisions to the State Implementation Plan and submitted on
February 6, 2007 as proposed, and subsequently adopted and submitted on
July 9, 2007 by the State of New Jersey Department of Environmental
Protection (NJDEP) that establishes rules for the allowance allocation
of oxides of nitrogen (NOX) for the annual and ozone season
Clean Air Interstate Rule (CAIR) NOX Cap and Trade Programs.
The submission also establishes a date when the CAIR NOX
Trading Programs will replace the

[[Page 482]]

State's NOX Budget Program, and satisfies New Jersey's
110(a)(2)(D)(i) obligations to submit a SIP revision that contains
adequate provisions to prohibit air emissions from adversely affecting
another state's air quality through interstate transport.
(i) Incorporation by reference:
(A) Title 7, Chapter 27, Subchapter 30 of the New Jersey
Administrative Code entitled ``Clean Air Interstate Rule (CAIR)
NOX Trading Program,'' effective July 16, 2007 and Title 7,
Chapter 27, Subchapter 31, Section 23 of the New Jersey Administrative
Code entitled ``NOX Budget Program,'' effective July 16,
2007.
(ii) Additional information:
(A) February 2, 2007 letter from Commissioner Lisa P. Jackson,
NJDEP, to Alan J. Steinberg, EPA, submitting proposed SIP revision, and
request for parallel processing.
(B) June 26, 2007 letter from Commissioner Lisa P. Jackson, NJDEP,
to Alan J. Steinberg, EPA, submitting SIP revision.
(C) December 29, 2006 letter from Commissioner Lisa P. Jackson,
NJDEP, to Alan J. Steinberg, EPA, indicating how New Jersey has
addressed the required elements of 110(a)(2)(D)(i).
(84) Revisions to the State Implementation Plan submitted on June 2,
2006, by the New Jersey Department of Environmental Protection which
consists of the adoption of California's Zero Emission Vehicle (ZEV)
provisions.
(i) Incorporation by reference:
(A) Regulation Subchapter 29 of Title 7, Chapter 27 of the New
Jersey Administrative Code, entitled ``Low Emission Vehicle (LEV)
Program,'' sections 29.6, 29.7, and the incorporation of California
Section 1962, ``Zero Emission Vehicle Standards for 2005 and Subsequent
Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles,''
within section 29.13(g), effective on January 17, 2006.
(85) Revisions to the New Jersey State Implementation Plan (SIP) for
ozone concerning the control of nitrogen oxides from Trigen-Trenton
Energy Co., L.P., dated August 7, 2007 submitted by the New Jersey State
Department of Environmental Protection (NJDEP).
(i) Incorporation by reference:
(A) a letter from Lisa P. Jackson, Commissioner, New Jersey
Department of Environmental Protection, addressed to Alan J. Steinberg,
USEPA, dated August 7, 2007, and Attachment 1 to the letter, titled
``Conditions of Approval, Alternative Maximum Emission Rate for
NOX for Two (2) Cooper Bessemer Distillate Oil or Dual Fuel
Fired 4-Stroke Diesel Internal Combustion Engines,'' Trigen-Trenton
Energy Company L.P., Trenton, NJ. APC Plant ID No. 61015, approved
January 11, 2007.
(86) Revisions to the New Jersey State Implementation Plan (SIP) for
particulate matter granting a variance from Subchapter 6, Control and
Prohibition of Particles from Manufacturing Processes for the cooling
tower at the PSEG Nuclear LLC Hope Creek and Salem Generating Stations
located in Lower Alloways Creek Township, Salem County dated November 2,
2007 submitted by the New Jersey State Department of Environmental
Protection (NJDEP) which establishes hourly emission limits for TSP and
PM-10 (total) of less than or equal to 42 pounds per hour and annual
emission limits for TSP and PM-10 (total) of less than or equal to 65.9
tons per year.
(i) Incorporation by reference:
(A) A letter from Lisa P. Jackson, Commissioner, New Jersey
Department of Environmental Protection, addressed to Alan J. Steinberg,
Regional Administrator, EPA, dated November 2, 2007 submitting the
variance for PSEG Nuclear LLC Hope Creek and Salem Generating Stations
without the attachments.
(B) Section J, Facility Specific Requirements, Emission Unit U24
Cooling Tower, (Significant Modification Approval date August 7, 2007)
contained in the Air Pollution Control Operating Permit, Significant
Modification and Preconstruction Approval, PSEG Nuclear LLC Hope Creek
and Salem Generating Stations, Permit Activity Number: BOP05003.
(d) Plan revisions were submitted on September 26, 1972.
(87) Revisions to the State Implementation Plan submitted on
September 13, 2007, by the New Jersey Department of Environmental
Protection which consists of the State's revised diesel idling rule.

[[Page 483]]

(i) Incorporation by reference:
(A) Regulation Subchapter 14 of Title 7, Chapter 27 of the New
Jersey Administrative Code, entitled ``Control and Prohibition of Air
Pollution from Diesel-Powered Motor Vehicles,'' section 14.1, effective
on July 2, 2007, section 14.2, effective on September 15, 1997, and
section 14.3, effective on July 2, 2007.
(88) A revision submitted on April 21, 2009, as supplemented on May
7, 2010, by the New Jersey Department of Environmental Protection
(NJDEP) that establishes revised control measures for achieving
additional reductions of NOx, SO2, fine particulate, and VOC
emissions from stationary sources that will help achieve attainment of
the national ambient air quality standard for ozone and fine particles,
as well as help to reduce regional haze.
(i) Incorporation by reference:
(A) New Jersey Administrative Code, Title 7, Chapter 27 (NJAC 7:27):
Subchapter 4 ``Control and Prohibition of Particles from Combustion of
Fuel'' with an effective date of April 20, 2009; Subchapter 10 ``Sulfur
in Solid Fuels'' with an effective date of April 20, 2009; Subchapter 16
``Control and Prohibition of Air Pollution by Volatile Organic
Compounds'' with an effective date of April 20, 2009; Subchapter 19
``Control and Prohibition of Air Pollution from Oxides of Nitrogen''
with an effective date of April 20, 2009 (including two Administrative
Corrections published in the New Jersey Register on June 15, 2009 and
July 6, 2009); and Subchapter 21 ``Emission Statements'' with an
effective date of April 20, 2009.
(ii) Additional information:
(A) Letter dated April 21, 2009 from Acting Commissioner Mark N.
Mauriello, NJDEP, to George Pavlou, Acting Regional Administrator, EPA
Region 2, submitting the SIP revision for Subchapters 4, 8, 10, 16, 19
and 21.
(B) Letter dated May 7, 2010 from Director William O'Sullivan,
NJDEP, to Barbara Finazzo, Director, Division of Environmental Planning
and Protection, EPA Region 2, submitting supplemental SIP information
for Subchapter 19.
(89) A revision submitted on April 9, 2009, by the New Jersey
Department of Environmental Protection (NJDEP) that establishes new and
revised control measures for achieving additional reductions of VOC
emissions that will help achieve attainment of the national ambient air
quality standard for ozone.
(i) Incorporation by reference:
(A) New rules contained in New Jersey Administrative Code, Title 7,
Chapter 27 (NJAC 7:27) with effective date of December 1, 2008 and
Operative date of December 29, 2008:
(1) Subchapter 26, ``Prevention of Air Pollution From Adhesives,
Sealants, Adhesive Primers and Sealant Primers,'' and
(2) Subchapter 34, ``TBAC Emissions Reporting.''
(B) Amendments to NJAC 7:27 with effective date of December 1, 2008
and Operative date of December 29, 2008:
(1) Subchapter 23, ``Prevention of Air Pollution From Architectural
Coatings,'' 23.2 Definitions;
(2) Subchapter 24, ``Prevention of Air Pollution From Consumer
Products,'' 24.1 Definitions, 24.2 Applicability, 24.4 Chemically
formulated consumer products: standards, 24.5 Chemically formulated
consumer products: registration and labeling, 24.6 Chemically formulated
consumer products: recordkeeping and reporting, 24.7 Chemically
formulated consumer products: testing, 24.8 Portable fuel containers and
spill-proof spouts: certification requirements, 24.9 Portable fuel
containers and spill proof spouts: labeling, 24.10 Portable fuel
containers and spill proof spouts: recordkeeping and reporting, 24.12
Penalties and other requirements imposed for failure to comply; and
(3) Subchapter 25, ``Control and Prohibition of Air Pollution by
Vehicular Fuels,'' 25.1 Definitions.
(C) Repeal to NJAC 7:27 with effective date of December 1, 2008 and
Operative date of December 29, 2008: Subchapter 24, ``Prevention of Air
Pollution From Consumer Products,'' section 24.11 Portable fuel
containers and spill-proof spouts: testing, repealed without replacement
and reserved.
(ii) Additional information.
(A) Letter dated April 9, 2009 from Acting Commissioner Mark N.
Mauriello, NJDEP, to George Pavlou Acting Regional Administrator, EPA
Region 2, submitting the SIP revision

[[Page 484]]

containing Subchapters 23, 24, 25, 26, and 34.
(90) Revision to the New Jersey State Implementation Plan (SIP) for
ozone concerning the control of nitrogen oxides from Naval Weapons
Station Earle dated May 14, 2009 and supplementary information dated May
21, 2009 submitted by the New Jersey State Department of Environmental
Protection.
(i) Incorporation by reference:
(A) A letter from Mr. Frank Steitz, Chief, Bureau of Air Permits,
New Jersey Department of Environmental Protection, addressed to Captain
G.A. Maynard, Commanding Officer, Naval Weapons Station Earle titled
``Alternative Maximum Emission Rate (AEL) for Nitrogen Oxides
(NOX) Pursuant to N.J.A.C. 7:27-19.13 and Significant
Modification of Operating Permit,'' dated and approved May 21, 2009
including Attachment 1 ``Conditions of Approval Alternative Maximum
Emission Rate For NOX For Two (2) Detroit Diesel Distillate
Oil Fuel Fired 2-Stroke Diesel Internal Combustion Engines, Naval
Weapons Station Earle.''
(91) A revision submitted on July 28, 2009, as supplemented on
December 9, 2010, March 2, 2011 and December 7, 2011, by the New Jersey
Department of Environmental Protection (NJDEP) that addresses the
regional haze requirements of Clean Air Act section 169A. The December
9, 2010 submittal also addresses an element of the PM2.5 SIP
revision.
(i) Incorporation by reference:
(A) Amendments to New Jersey Administrative Code, Title 7, Chapter
27 (NJAC 7:27) Subchapter 9, ``Sulfur In Fuels,'' Section 9.2 Sulfur
content standards, with effective date of September 20, 2010 and
operative date of October 25, 2010.
(B) The following Air Pollution Control Operating Permit,
Significant Modifications and Preconstruction Approvals:
(1) PSEG Fossil LLC Hudson Generating Station dated March 8, 2011,
Permit BOP110001, Program Interest 12202 for units: U1-OS Summary, U1-
OS1, U1-OS2, U2-OS Summary, U15-OS Summary and U16-OS Summary.
(2) Chevron Products Company dated March 4, 2011, Permit BOP100001,
Program Interest 18058 for unit 15, process heaters: OS Summary (E1501
and E1502).
(3) ConocoPhillips (Linden City) dated September 21, 2011, Permit
BOP110001, Program Interest 41805 for unit 3, process heaters: OS
Summary, OS1-E241, OS2-E243, OS3-E245, OS4-E246, OS5-E247, OS6-E248,
OS7-E249, OS8-E250, OS11-E242, OS13-E253, and OS15-E258.
(4) Vineland Municipal Electric Utility--Howard M. Down dated
September 26, 2011, Permit BOP110001, Program Interest 75507 for units:
U10-OS Summary, U10-OS2, U10-OS3, and U22-OS Summary.
(5) BL England Generating Station dated December 16, 2010, Permit
BOP100003, Program Interest 73242 for units: GR2 U2, U1-OS Summary, U1-
OS1, U2-OS Summary, U2-OS1, U3-OS Summary, U3-OS1, U6-OS Summary, U6-
OS1, U7-OS1, U7-OS2, U7-OS4, U7-OS5, U7-OS6, U7-OS7, U7-OS10, U7-OS11,
U7-OS12, U8-OS Summary, and U8-OS1.
(ii) Additional information.
(A) Letter dated December 9, 2010 from Commissioner Bob Martin,
NJDEP, to Regional Administrator Judith A. Enck, EPA Region 2,
submitting the SIP revision containing Subchapter 9.
(B) December 7, 2011, letter from Director William O'Sullivan,
NJDEP, to Acting Director John Filippelli, Division of Environmental
Planning and Protection, EPA Region 2, submitting a supplement to the
2009 Regional Haze SIP which contains the Best Available Retrofit
Technology (BART) determinations and enforceable BART emission limits
for five facilities.
(92) Revisions to the New Jersey State Implementation Plan (SIP)
submitted by the New Jersey Department of Environmental Protection for
New Jersey's enhanced inspection and maintenance (I/M) program, dated
December 15, 2009.
(i) Incorporation by reference:
(A) Amendments to Chapter 27, Title 7 of the New Jersey
Administrative Code, Subchapter 15, ``Control and Prohibition of Air
Pollution from Gasoline-Fueled Motor Vehicles,'' effective November 16,
2009, and Appendix B-5,

[[Page 485]]

``Air Test Method 5: Testing Procedures for Gasoline-Fueled Motor
Vehicles,'' effective November 16, 2009.
(B) Amendments to Chapter 20, Title 13 of the New Jersey
Administrative Code, Subchapter 7, ``Vehicle Inspection'' (Sections:
7.1, 7.2, 7.3, 7.4, 7.5, 7.6); Subchapter 24, ``Motorcycles'' (Section:
24.20); Subchapter 26, ``Compliance With Diesel Emission Standards and
Equipment, Periodic Inspection Program for Diesel Emissions, and Self-
Inspection of Certain Classes of Motor Vehicles'' (Sections: 26.2 and
26.16); Subchapter 28, ``Inspection of New Motor Vehicles'' (Sections
28.3, 28.4 and 28.6); Subchapter 29, ``Mobile Inspection Unit''
(Sections: 29.1, 29.2, 29.3); Subchapter 32, ``Inspection Standards and
Test Procedures To Be Used By Official Inspection Facilities'';
Subchapter 33, ``Inspection Standards and Test Procedures To Be Used By
Licensed Private Inspection Facilities''; Subchapter 43, ``Enhanced
Motor Vehicle Inspection and Maintenance Program''; Subchapter 44,
``Private Inspection Facility Licensing''; and Subchapter 45, ``Motor
Vehicle Emission Repair Facility Registration,'' all effective October
19, 2009.
(C) Amendments to Chapter 21, Title 13 of the New Jersey
Administrative Code, Subchapter 15, ``New Jersey Licensed Motor Vehicle
Dealers'' (Sections: 15.8 and 15.12), effective October 19, 2009.
(D) Amendments to Chapter 8, Title 39 of the Revised Statutes of the
State of New Jersey at R.S. 39:8-1, 39:8-2, and 39:8-3, effective July
1, 2010.
(ii) Additional material:
(A) December 15, 2009, letter from Mark N. Mauriello, Acting
Commissioner, NJDEP, to Judith A. Enck, Regional Administrator, EPA,
requesting EPA approval of a revision to the State of New Jersey's I/M
program SIP.
(B) October 12, 2010, letter from Bob Martin, Commissioner, NJDEP,
to Judith A. Enck, Regional Administrator, EPA, requesting EPA approval
of the supplemental revision to the State of New Jersey's I/M program
SIP.
(C) July 8, 2010, letter from Bob Martin, Commissioner, NJDEP, to
Judith A. Enck, Regional Administrator, EPA, requesting EPA approval of
the supplemental revision to the State of New Jersey's I/M program SIP.

[37 FR 10880, May 31, 1972]

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

Sec. 52.1571 Classification of regions.

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

[37 FR 10880, May 31, 1972, as amended at 39 FR 16347, May 8, 1974]

Sec. 52.1572 Extensions.

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

[61 FR 56900, Nov. 5, 1996]

[[Page 486]]

Sec. 52.1573 Approval status.

(a) With the exceptions set forth in this subpart, the Administrator
approves New Jersey's plans for attainment and maintenance of the
national ambient air quality standards under section 110 of the Clean
Air Act. Furthermore, the Administrator finds that the plan satisfies
all requirements of Part D, Title I, of the Clean Air Act, as amended in
1977, except as noted below in Sec. 52.1581. In addition, continued
satisfaction of the requirements of Part D for the ozone portion of the
SIP depends on the adoption and submittal of RACT requirements by July
1, 1980 for the sources covered by CTGs issued between January, 1978 and
January, 1979 and adoption and submittal by each subsequent January of
additional RACT requirements for sources covered by CTGs issued by the
previous January.
(b) Visibility protection. EPA approves the Regional Haze SIP
revision submitted by the New Jersey Department of Environmental
Protection on July 28, 2009, as supplemented on December 9, 2010, March
2, 2011 and December 7, 2011 as meeting the requirements of Clean Air
Act section 169A and 40 CFR 51.308. In particular, EPA approves the New
Jersey Regional Haze SIP as meeting the requirements of 40 CFR 51.308(e)
regarding Best Available Retrofit Technology and 40 CFR 51.308(d)(2) and
(d)(4)(v) regarding the calculation of baseline and natural conditions
for the Brigantine Wilderness Area of the Edwin B. Forsythe National
Wildlife Refuge, and the statewide inventory of emissions of pollutants
that are reasonably anticipated to cause or contribute to visibility
impairment in any mandatory Class I Federal Area.

[45 FR 15541, Mar. 11, 1980, as amended at 77 FR 21, Jan. 3, 2012]

Sec. Sec. 52.1574-52.1575 [Reserved]

Sec. 52.1576 Determinations of attainment.

(a) Based upon EPA's review of the air quality data for the 3-year
period 2008 to 2010, EPA determined that Philadelphia-Wilmington-
Atlantic City, PA-NJ-MD-DE 8-hour ozone moderate nonattainment area (the
Philadelphia Area) attained the 1997 8-hour ozone National Ambient Air
Quality Standard (NAAQS) by the applicable attainment date of June 15,
2011. Therefore, EPA has met the requirement pursuant to CAA section
181(b)(2)(A) to determine, based on the area's air quality as of the
attainment date, whether the area attained the standard. EPA also
determined that the Philadelphia Area nonattainment area will not be
reclassified for failure to attain by its applicable attainment date
under section 181(b)(2)(A).
(b) Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, EPA determined that the Philadelphia-Wilmington,
PA-NJ-DE fine particle (PM2.5) nonattainment area attained
the 1997 annual PM2.5 National Ambient Air Quality Standard
(NAAQS) by the applicable attainment date of April 5, 2010. Therefore,
EPA has met the requirement pursuant to CAA section 179(c) to determine,
based on the area's air quality as of the attainment date, whether the
area attained the standard. EPA also determined that the Philadelphia-
Wilmington, PA-NJ-DE PM2.5 nonattainment area is not subject
to the consequences of failing to attain pursuant to section 179(d).
(c) Based upon EPA's review of the air quality data for the three-
year period 2005 to 2007, EPA determined, as of June 18, 2012, that the
New York-Northern New Jersey-Long Island (NY-NJ-CT) one-hour ozone
nonattainment area did not meet its applicable one-hour ozone attainment
date of November 15, 2007. Separate from and independent of this
determination, based on 2008-2010 complete, quality-assured ozone
monitoring data at all monitoring sites in the area, and data for 2011,
EPA determined, as of June 18, 2012, that the NY-NJ-CT one-hour ozone
nonattainment area has attained the one-hour ozone standard.
(d) Based upon EPA's review of complete, quality-assured and
certified air quality data for the three-year period 2007 to 2009, and
data for 2011, EPA determined, as of June 18, 2012, that the New York-
Northern New Jersey-Long Island (NY-NJ-CT) eight-hour ozone moderate
nonattainment area attained the 1997 eight-hour ozone NAAQS by the
applicable attainment date of June

[[Page 487]]

15, 2010. Therefore, EPA has met the requirement pursuant to CAA section
181(b)(2)(A) to determine, based on the area's air quality data as of
the attainment date, whether the area attained the standard. EPA also
determined that the NY-NJ-CT nonattainment area will not be reclassified
for failure to attain by its applicable attainment date under section
181(b)(2)(A).

[77 FR 47534, Aug. 9, 2012]

Sec. 52.1577 Compliance schedules.

(a) [Reserved]
(b) The requirements of Sec. 51.261 of this chapter are not met
since Chapter 7, section 7.1(c) of New Jersey's ``Air Pollution Control
Code'' permits certain sources to defer compliance with Chapter 7 until
after the required date for attainment of the national standards for
particulate matter.
(c) The requirements of Sec. 51.262(a) of this chapter are not met
since Chapter 7 of New Jersey's ``Air Pollution Control Code'' does not
provide for periodic increments of progress toward compliance for those
sources with compliance schedules extending over a period of 18 or more
months.
(d) Regulation for increments of progress. (1) Except as provided in
paragraph (d)(2) of this section, the owner or operator of any
stationary source in the State of New Jersey to which an exception
extending beyond January 31, 1974, is applicable under Chapter 7,
section 7.1(c) of the New Jersey Air Pollution Control Code shall, no
later than 120 days following the effective date of this paragraph,
submit to the Administrator for approval, a proposed compliance schedule
that demonstrates compliance with the emission limitations prescribed by
Chapter 7 of the New Jersey Air Pollution Control Code as expeditiously
as practicable but no later than July 31, 1975. The compliance schedule
shall provide for periodic increments of progress towards compliance.
The dates for achievement of such increments shall be specified.
Increments of progress shall include, but not be limited to: Submittal
of the final control plan to the Administrator; letting of necessary
contracts for construction or process changes or issuance of orders for
the purchase of component parts to accomplish emission control or
process modification; initiation of onsite construction or installation
of emission control equipment or process change; completion of onsite
construction or installation of emission control equipment or process
modification; and final compliance.
(2) Where any such owner or operator demonstrates to the
satisfaction of the Administrator that compliance with the applicable
regulations will be achieved on or before January 31, 1974, no
compliance schedule shall be required.
(3) Any owner or operator required to submit a compliance schedule
pursuant to this paragraph shall within 5 days after the deadline for
each increment of progress, certify to the Administrator whether or not
the required increment of the approved compliance schedule has been met.
(4) Any compliance schedule adopted by the State and approved by the
Administrator shall satisfy the requirements of this paragraph for the
affected source.

[37 FR 10880, May 31, 1972, as amended at 37 FR 23090, Oct. 28, 1972; 38
FR 12713, May 14, 1973; 40 FR 30962, July 24, 1975; 51 FR 40676, 40677,
Nov. 7, 1986; 54 FR 25258, June 14, 1989]

Sec. 52.1578 Review of new sources and modifications.

(a) Subchapter 18 of the New Jersey Administrative Code, entitled,
``Control and Prohibitions of Air Pollution from Ambient Air Quality in
Nonattainment Areas (Emission Offset Rule),'' N.J.A.C. 7:27-18.1 et
seq., as submitted to EPA on August 5, 1980 by the New Jersey Department
of Environmental Protection, is approved for the entire State of New
Jersey, with the following provisions:
(1) The definition of ``significant emission increase'' as it
appears in section 7:27-18.1, entitled, ``Definitions,'' is disapproved.
The following definition of ``significant emission increase'' is
applicable: ``An increase, since December 21, 1976, in the rate of
allowable emissions, including fugitive pollutant emissions, at a
facility of any criteria pollutant greater than or equal to 50 tons per
year, 1,000 pounds per day, or 100 pounds per hour, not including
decreases in the rates of allowable emissions except where such
decreases are

[[Page 488]]

contemporaneous with emission increases. The increase in the rates of
allowable emissions shall be the cumulative total of increases from all
new or altered equipment for which permits have been issued on or after
December 21, 1976 and for which permit applications have been received
by the Department, and the fugitive emissions associated with that
equipment. The hourly and daily rates shall apply only with respect to a
pollutant for which a national ambient air quality standard for a period
not exceeding 24 hours has been established.
(2) Subsection (e)(1) under section 7:27-18.2, entitled, ``General
Provisions,'' is disapproved and replaced with the following: ``The
requirements of paragraphs (c)(3), (c)(4), and (c)(5) of this section
shall again become applicable when proposed new construction or
alterations at the facility would cause the increase in the rate of
allowable emissions of that criteria pollutant to again exceed 50 tons
per year, 1,000 pounds per day, or 100 pounds per hour whichever is most
restrictive. The accumulation of increases in the rate of allowable
emissions shall resume from zero after each application of paragraphs
(c)(3) and (c)(4) of this section.''

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

Sec. 52.1579 Intergovernmental cooperation.

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

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

Sec. 52.1580 Conditional approval.

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

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

Sec. 52.1581 Control strategy: Carbon monoxide.

(a) Approval--The September 28, 1995 revision to the carbon monoxide
state implementation plan for Camden County and the Nine not-classified
areas (the city of Trenton, the City of Burlington, the Borough of Penns
Grove (part), the Borough of Freehold, the City of Morristown, the City
of Perth Amboy, the City of Toms River, the Borough of Somerville, and
the City of Atlantic City). This revision included a maintenance plan
which demonstrated continued attainment of the National Ambient Air
Quality Standard for carbon monoxide through the year 2007.
(b) The base year carbon monoxide emission inventory requirement of
section 187(a)(1) of the 1990 Clean Air Act Amendments has been
satisfied for the

[[Page 489]]

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

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

Sec. 52.1582 Control strategy and regulations: Ozone.

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

[[Page 490]]

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

[[Page 491]]

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

[[Page 492]]

the results by December 31, 2004 included in the April 8, 2003 SIP
revision is approved.
(j)(1) The revised 1997, 2005, 2007 and 2014 motor vehicle emission
inventories calculated using MOBILE6 included in New Jersey's May 21,
2004 State Implementation Plan revision is approved.
(2) The 2005 conformity emission budgets for the New Jersey portion
of the Philadelphia/Wilmington/Trenton nonattainment area and the 2005
and 2007 conformity emission budgets for the New Jersey portion of the
New York/Northern New Jersey/Long Island nonattainment area included in
New Jersey's May 21, 2004 State Implementation Plan revision are
approved.
(k)(1) The Statewide 2002 base year ozone precursor emission
inventories included in New Jersey's May 18, 2006 State Implementation
Plan revision are approved.
(2) The revisions to the 2005 and 2007 motor vehicle emissions
budgets for the New Jersey portion of the New York/Northern New Jersey/
Long Island nonattainment area included in New Jersey's May 18, 2006
State Implementation Plan revision are approved.
(3) The conformity emission budgets for the McGuire Air Force Base
included in New Jersey's May 18, 2006 State Implementation Plan revision
are approved.
(l) Attainment Determination. EPA is determining that the 1-hour
ozone nonattainment areas in New Jersey listed below have attained the
1-hour ozone standard on the date listed and that the reasonable further
progress and attainment demonstration requirements of section 182(b)(1)
and related requirements of section 172(c)(9) (contingency measures) of
the Clean Air Act do not apply to these areas.
(1) Philadelphia-Wilmington-Trenton (consisting of Burlington,
Camden, Cumberland, Gloucester, Mercer, and Salem Counties) as of
November 15, 2005. EPA also has determined, as of November 15, 2005, the
Philadelphia-Wilmington-Trenton severe 1-hour ozone nonattainment area
is not subject to the imposition of the section 185 penalty fees.
(2) Atlantic City (consisting of Atlantic and Cape May Counties) as
of January 6, 2010.
(m)(1) The 2008 Reasonable Further Progress Plans and associated
2008 ozone projection year emission inventories for the New Jersey
portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT and
the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE nonattainment
areas included in New Jersey's October 29, 2007 State Implementation
Plan revision are approved.
(2) The contingency measures for failure to meet the 2008 RFP Plan
milestones for the New Jersey portion of the New York-Northern New
Jersey-Long Island, NY-NJ-CT and the Philadelphia-Wilmington-Atlantic
City, PA-NJ-MD-DE nonattainment areas included in New Jersey's October
29, 2007 State Implementation Plan revision are approved.
(3) The moderate area Reasonably Available Control Measure Analysis
for the New Jersey portion of the New York-Northern New Jersey-Long
Island, NY-NJ-CT and the Philadelphia-Wilmington-Atlantic City, PA-NJ-
MD-DE nonattainment areas included in New Jersey's October 29, 2007
State Implementation Plan revision are approved.
(4) The 2008 motor vehicle emissions budgets for the New Jersey
portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT and
the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE nonattainment
areas included in New Jersey's October 29, 2007 State Implementation
Plan revision are approved.
(5) The general conformity budgets for McGuire AFB and Lakehurst NAS
included in New Jersey's October 29, 2007 State Implementation Plan
revision are approved.
(6) The Statewide reasonably available control technology (RACT)
analysis for the 8-hour ozone standard included in the August 1, 2007
State Implementation Plan revision is approved based on EPA's approval
of the April 9, 2010 and April 21, 2010 SIP revisions.
(n)(1) Attainment determination. EPA has determined, as of March 26,
2012, that based on 2008 to 2010 ambient air quality data, Philadelphia-
Wilmington-Atlantic City, PA-NJ-MD-DE 8-hour ozone moderate
nonattainment area has attained the 1997 8-hour ozone

[[Page 493]]

NAAQS. This determination, in accordance with 40 CFR 51.918, suspends
the requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as this area continues to meet
the 1997 annual 8-hour ozone NAAQS.
(2) EPA has determined, as of June 18, 2012, that based on 2007 to
2009 complete, quality-assured and certified ambient air quality data,
additional data showing continued attainment through 2011, the New York-
Northern New Jersey-Long Island, NY-NJ-CT, eight-hour ozone moderate
nonattainment area has attained the 1997 eight-hour ozone NAAQS. This
determination, in accordance with 40 CFR 51.918, suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as this area continues to meet
the 1997 annual eight-hour ozone NAAQS.
(o)(1) The 1997 8-hour ozone attainment demonstration for the New
Jersey portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT
nonattainment area included in New Jersey's October 29, 2007 State
Implementation Plan revision is approved and satisfies the requirements
of section 182(c)(2)(A) of the Clean Air Act.
(2) The 1997 8-hour ozone attainment demonstration for the New
Jersey portion of the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE
nonattainment area included in New Jersey's October 29, 2007 State
Implementation Plan revision is approved and satisfies the requirements
of section 182(c)(2)(A) of the Clean Air Act.

[46 FR 20556, Apr. 6, 1981]

Editorial Note: For Federal Register citations affecting Sec.
52.1582 see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.

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

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

[60 FR 4737, Jan. 24, 1995]

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

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

[[Page 494]]

requirements of CAIR for ozone relating to NOX under Sec.
51.123 of this chapter, except to the extent the Administrator's
approval is partial or conditional or unless such approval is under
Sec. 51.123(ee) of this chapter.
(2) Notwithstanding any provisions of paragraph (b)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX Ozone Season
allowances to sources in the State for any years, the provisions of part
97 of this chapter authorizing the Administrator to complete the
allocation of CAIR NOX Ozone Season allowances for those
years shall continue to apply, unless the Administrator approves a SIP
provision that provides for the allocation of the remaining CAIR
NOX Ozone Season allowances for those years.
(c) Notwithstanding any provisions of paragraphs (a) and (b) of this
section and subparts AA through II and AAAA through IIII of part 97 of
this chapter to the contrary:
(1) With regard to any control period that begins after December 31,
2011,
(i) The provisions in paragraphs (a) and (b) of this section
relating to NOX annual or ozone season emissions shall not be
applicable; and
(ii) The Administrator will not carry out any of the functions set
forth for the Administrator in subparts AA through II and AAAA through
IIII of part 97 of this chapter;
(2) The Administrator will not deduct for excess emissions any CAIR
NOX allowances or CAIR NOX Ozone Season allowances
allocated for 2012 or any year thereafter;
(3) By November 7, 2011, the Administrator will remove from the CAIR
NOX Allowance Tracking System accounts all CAIR
NOX allowances allocated for a control period in 2012 and any
subsequent year, and, thereafter, no holding or surrender of CAIR
NOX allowances will be required with regard to emissions or
excess emissions for such control periods; and
(4) By November 7, 2011, the Administrator will remove from the CAIR
NOX Ozone Season Allowance Tracking System accounts all CAIR
NOX Ozone Season allowances allocated for a control period in
2012 and any subsequent year, and, thereafter, no holding or surrender
of CAIR NOX Ozone Season allowances will be required with
regard to emissions or excess emissions for such control periods.
(d)(1) The owner and operator of each source and each unit located
in the State of New Jersey and for which requirements are set forth
under the TR NOX Annual Trading Program in subpart AAAAA of
part 97 of this chapter must comply with such requirements. The
obligation to comply with such requirements will be eliminated by the
promulgation of an approval by the Administrator of a revision to New
Jersey's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the TR Federal Implementation Plan
under Sec. 52.38(a), except to the extent the Administrator's approval
is partial or conditional.
(2) Notwithstanding the provisions of paragraph (d)(1) of this
section, if, at the time of the approval of New Jersey's SIP revision
described in paragraph (d)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Annual
allowances under subpart AAAAA of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
AAAAA of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR NOX Annual
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.
(e)(1) The owner and operator of each source and each unit located
in the State of New Jersey and for which requirements are set forth
under the TR NOX Ozone Season Trading Program in subpart
BBBBB of part 97 of this chapter must comply with such requirements. The
obligation to comply with such requirements will be eliminated by the
promulgation of an approval by the Administrator of a revision to New
Jersey's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the TR Federal Implementation Plan
under Sec. 52.38(b), except to the extent the Administrator's approval
is partial or conditional.
(2) Notwithstanding the provisions of paragraph (e)(1) of this
section, if, at

[[Page 495]]

the time of the approval of New Jersey's SIP revision described in
paragraph (e)(1) of this section, the Administrator has already started
recording any allocations of TR NOX Ozone Season allowances
under subpart BBBBB of part 97 of this chapter to units in the State for
a control period in any year, the provisions of subpart BBBBB of part 97
of this chapter authorizing the Administrator to complete the allocation
and recordation of TR NOX Ozone Season allowances to units in
the State for each such control period shall continue to apply, unless
provided otherwise by such approval of the State's SIP revision.

[72 FR 62351, Nov. 2, 2007, as amended at 76 FR 48370, Aug. 8, 2011]

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

(a)The owner and operator of each SO2 source located
within the State of New Jersey and for which requirements are set forth
under the Federal CAIR SO2 Trading Program in subparts AAA
through III of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an approval
by the Administrator of a revision to the New Jersey State
Implementation Plan as meeting the requirements of CAIR for
PM2.5 relating to SO2 under Sec. 51.124 of this
chapter, except to the extent the Administrator's approval is partial or
conditional or unless such approval is under Sec. 51.124(r) of this
chapter.
(b) Notwithstanding any provisions of paragraph (a) of this section
and subparts AAA through III of part 97 of this chapter and any State's
SIP to the contrary:
(1) With regard to any control period that begins after December 31,
2011,
(i) The provisions of paragraph (a) of this section relating to
SO2 emissions shall not be applicable; and
(ii) The Administrator will not carry out any of the functions set
forth for the Administrator in subparts AAA through III of part 97 of
this chapter; and
(2) The Administrator will not deduct for excess emissions any CAIR
SO2 allowances allocated for 2012 or any year thereafter.
(c)(1) The owner and operator of each source and each unit located
in the State of New Jersey and for which requirements are set forth
under the TR SO2 Group 1 Trading Program in subpart CCCCC of
part 97 of this chapter must comply with such requirements. The
obligation to comply with such requirements will be eliminated by the
promulgation of an approval by the Administrator of a revision to New
Jersey's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the TR Federal Implementation Plan
under Sec. 52.39, except to the extent the Administrator's approval is
partial or conditional.
(2) Notwithstanding the provisions of paragraph (c)(1) of this
section, if, at the time of the approval of New Jersey's SIP revision
described in paragraph (c)(1) of this section, the Administrator has
already started recording any allocations of TR SO2 Group 1
allowances under subpart CCCCC of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
CCCCC of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR SO2 Group 1
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

[72 FR 62352, Nov. 2, 2007, as amended at 76 FR 48370, Aug. 8, 2011]

Sec. 52.1586 Section 110(a)(2) infrastructure requirements.

(a) 1997 8-hour ozone and the 1997 and 2006 PM2.5 NAAQS. (1)
Approval. In a February 25, 2008 submittal and supplemented on January
15, 2010, New Jersey certified that the State has satisfied the Clean
Air Act (CAA) infrastructure requirements of section 110(a)(2) for the
1997 8-hour ozone and the 1997 and 2006 PM2.5 NAAQS. These
submittals satisfy the 1997 8-hour ozone and the 1997 and 2006
PM2.5 NAAQS requirements of CAA sections 110(a)(2)(A), (B),
(C) (enforcement program only), (D)(i)(II) prong 4

[[Page 496]]

(visibility), (E)(i), (F), (H), (J) (consultation and public
notification only), (K), (L), and (M).
(2) Disapproval. Submittal from New Jersey dated February 25, 2008
and supplement dated January 15, 2010 to address the CAA infrastructure
requirements for the 1997 8-hour ozone and the 1997 and 2006
PM2.5 NAAQS are disapproved for the following sections
110(a)(2)(C) (PSD program only), (D)(i)(II) (PSD program only), (D)(ii),
and (J) (PSD program only). These requirements are being addressed by 40
CFR 52.1603 which has been delegated to New Jersey to implement.
(3) Conditional approval. Submittal from New Jersey dated February
25, 2008 and supplement dated January 15, 2010 to address the CAA
infrastructure requirements for the 1997 8-hour ozone and the 1997 and
2006 PM2.5 NAAQS are conditionally approved for the following
sections 110(a)(2)(E)(ii) (conflict of interest provisions), (E)(iii)
(delegations), and for the 1997 8-hour ozone element section
110(a)(2)(G)(emergency powers). This conditional approval is contingent
upon New Jersey taking actions to meet requirements of these elements
within one year of conditional approval, as committed to in a letter
from the State to EPA Region 2 dated May 2, 2013.
(b) [Reserved]

[78 FR 35765, June 14, 2013]

Sec. Sec. 52.1587-52.1600 [Reserved]

Sec. 52.1601 Control strategy and regulations: Sulfur oxides.

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

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

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

(b) Before any steam or electric power generating facility in Zone
3, as defined in N.J.A.C. 7:27-10.1, burning fuel oil on June 4, 1979,
having a rated hourly gross heat input greater than 200,000,000 British
Thermal Units (BTU's), and capable of burning coal without major
reconstruction or construction, which facility was in operation prior to
May 6, 1968, or group of such facilities having a combined rated hourly
capacity greater than 450,000,000 BTU's may be permitted by the State to
convert to the use of coal, the State shall submit to EPA a copy of the
proposed permit together with an air quality analysis employing
methodology acceptable to EPA. If EPA determines, on the basis of the
submitted analysis, that the proposed coal conversion will not interfere
with the attainment or maintenance of air quality standards and will not
be the cause for any Prevention of Significant Deterioration (PSD)
increment to be exceeded, then the permit authorizing conversion may
become effective immediately upon the publication of such a
determination (as a Notice) in the Federal Register. If EPA determines
that the submitted analysis is inadequate or that it shows that the
proposed conversion will interfere with attainment or maintenance of air
quality standards or cause

[[Page 497]]

any PSD increment to be exceeded, then EPA shall so inform the State of
its determination, and the permit authorizing conversion shall not
become effective and conversion shall not occur until an adequate
analysis is submitted or, if necessary, until a control strategy
revision which would require any necessary emission reductions is
submitted by the State and placed into effect as an EPA approved
revision to the implementation plan. In addition, this same procedure
shall apply to any State permit applied for that would authorize a
relaxation in the sulfur-in-coal limitation at any such facility, as
defined above in this paragraph, having already been granted a permit to
convert to coal.
(c) The U.S. Gypsum Co. in Clark, New Jersey is permitted to burn
fuel oil with a sulfur content of 2.0 percent, by weight, at either
Boiler 1, 2 or 3 until March 31, 1985 or
until Boiler 4 is ready to burn coal, whichever occurs first.
Such oil burning must conform with New Jersey requirements and
conditions as set forth in applicable regulations and administrative
orders.

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

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

(a) Approval--On May 18, 2006, New Jersey submitted an early
PM2.5 implementation plan to set motor vehicle emissions
budgets for the New Jersey portion of the New York-Northern New Jersey-
Long Island, NY-NJ-CT, PM2.5 nonattainment area. The budgets
were allocated by metropolitan planning organization as follows: North
Jersey Transportation Planning Authority: 1,207 tons per year of direct
PM2.5 and 61,676 tons per year of NOX; Delaware
Valley Regional Planning Commission: 89 tons per year of direct
PM2.5 and 4,328 tons per year of NOX.
(b) Approval--On February 25, 2008, New Jersey submitted a revision
to its early PM2.5 implementation plan to revise the motor
vehicle emissions budgets for the Mercer County, New Jersey portion of
the New York-Northern New Jersey-Long Island, NY-NJ-CT, PM2.5
nonattainment area. The revised budgets, applicable to the Delaware
Valley Regional Planning Commission, are as follows: 108 tons per year
of direct PM2.5 and 5,056 tons per year of NOX.
(c) Determination of Attainment. EPA has determined, as of December
15, 2010, that the New York-Northern New Jersey-Long Island, NY-NJ-CT
fine particle (PM2.5) nonattainment area has attained the
1997 PM2.5 National Ambient Air Quality Standard. This
determination, in accordance with 40 CFR 51.1004(c), suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as the area continues to attain
the 1997 PM2.5 NAAQS.
(d) Determination of Attainment. EPA has determined, as of May 16,
2012, that the Philadelphia-Wilmington, PA-NJ-DE fine particle
(PM2.5) nonattainment area has attained the 1997
PM2.5 National Ambient Air Quality Standard. This
determination, in accordance with 40 CFR 51.1004(c), suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as the area continues to attain
the 1997 PM2.5 NAAQS.
(e) Determination of Attainment. EPA has determined, as of December
31, 2012, that the New York-N. New Jersey-Long Island, NY-NJ-CT fine
particle (PM2.5) nonattainment area has attained the 2006
PM2.5 National Ambient Air Quality Standard. This
determination suspends the requirements for this area to submit an
attainment demonstration, associated reasonably available control
measures, a reasonable further progress plan, contingency measures, and
other planning SIPs related to attainment of the standard for as long as
the area continues to attain the 2006 PM2.5 NAAQS.
(f) Determination of Attainment. EPA has determined, as of January
7, 2013, that based on 2008 to 2010 and 2009 to 2011 ambient air quality
data, the Philadelphia-Wilmington, PA-NJ-DE fine particlulate
(PM2.5) nonattainment area has attained the 2006 24-hour
PM2.5

[[Page 498]]

national ambient air quality standard (NAAQS). This determination
suspends the requirements for the Philadelphia-Wilmington, PA-NJ-DE
PM2.5 nonattainment 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.
(g) Approval--The maintenance plan submitted on December 26, 2012,
and supplemented on May 3, 2013, for the 1997 PM2.5 National
Ambient Air Quality Standard and the 2006 PM2.5 National
Ambient Air Quality Standard for the New Jersey portion of the New York-
Northern New Jersey-Long Island, NY-NJ-CT, PM2.5
nonattainment area and the New Jersey portion of the Philadelphia-
Wilmington, PA-NJ-DE, PM2.5 nonattainment area has been
approved.
(1) The maintenance plan establishes 2009 motor vehicle emission
budgets for the New Jersey portion of the New York-Northern New Jersey-
Long Island, NY-NJ-CT, PM2.5 nonattainment area. The budgets
were allocated by metropolitan planning organization as follows: North
Jersey Transportation Planning Authority: 67,272 tons per year for
NOX and 2,736 tons per year for PM2.5; Delaware
Valley Regional Planning Commission (Mercer County): 5,835 tons per year
for NOX and 224 tons per year for PM2.5.
(2) The maintenance plan establishes 2025 motor vehicle emission
budgets for the New Jersey portion of the New York-Northern New Jersey-
Long Island, NY-NJ-CT, PM2.5 nonattainment area. The budgets
were allocated by metropolitan planning organization as follows: North
Jersey Transportation Planning Authority: 25,437 tons per year for
NOX and 1,509 tons per year for PM2.5; Delaware
Valley Regional Planning Commission (Mercer County): 2,551 tons per year
for NOX and 119 tons per year for PM2.5.
(3) The maintenance plan establishes 2009 motor vehicle emission
budgets for the New Jersey portion of the Philadelphia-Wilmington, PA-
NJ-DE, PM2.5 nonattainment area. The budgets were allocated
by metropolitan planning organization as follows: Delaware Valley
Regional Planning Commission (Burlington, Camden, and Gloucester
Counties): 18,254 tons per year for NOX and 680 tons per year
for PM2.5.
(4) The maintenance plan establishes 2025 motor vehicle emission
budgets for the New Jersey portion of the Philadelphia-Wilmington, PA-
NJ-DE, PM2.5 nonattainment area. The budgets were allocated
by metropolitan planning organization as follows: Delaware Valley
Regional Planning Commission (Burlington, Camden, and Gloucester
Counties): 8,003 tons per year for NOX and 363 tons per year
for PM2.5.
(h) Approval--The 2007 attainment year emissions inventory for the
New Jersey portions of the New York-Northern New Jersey-Long Island, NY-
NJ-CT, PM2.5 nonattainment area and the Philadelphia-
Wilmington, PA-NJ-DE, PM2.5 nonattainment area consisting of
NOX, VOC, NH3, directly emitted PM2.5,
and SO2 emissions. This inventory satisfies the comprehensive
emission inventory requirements of section 172(c)(3).

[73 FR 24870, June 5, 2008, as amended at 75 FR 69591, Nov. 15, 2010; 77
FR 28785, May 15, 2012; 77 FR 76871, Dec. 31, 2012; 78 FR 54398, Sept.
4, 2013]

Editorial Note: At 78 FR 885, Jan.7, 2013, Sec. 52.1602 was amended
by adding paragraph (e); however, the amendment could not be
incorporated because paragraph (e) already exists.

Sec. 52.1603 Significant deterioration of air quality.

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

[[Page 499]]

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

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

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

Sec. 52.1605 EPA-approved New Jersey regulations.

----------------------------------------------------------------------------------------------------------------
State regulation State effective date EPA approved date Comments
----------------------------------------------------------------------------------------------------------------
Title 7, Chapter 26

Subchapter 2A, ``Additional, June 1, 1987........... June 29, 1990, 55 FR .......................
Specific Disposal Regulations for 26689.
Sanitary Landfills.''
Title 7, Chapter 27

Subchapter 1, ``General Provisions'' May 1, 1956............ June 29, 1990, 55 FR .......................
26689.
Subchapter 2, ``Control and June 8, 1981........... Sept. 30, 1981, 46 FR
Prohibition of Open Burning''. 47779.
Subchapter 3, ``pontrol and Oct. 12, 1977.......... Jan. 27, 1984, 49 FR
Prohibition of Smoke from 3465.
Combustion of Fuel''.
Subchapter 4, ``Control and April 20, 2009......... August 3, 2010, 75 FR
Prohibition of Particles from 45483.
Combustion of Fuel.''.
Subchapter 5, ``Prohibition of Air Oct. 12, 1977.......... ......do................
Pollution.
Subchapter 6, ``Control and May 23, 1977........... Jan. 26, 1979, 44 FR Section 6.5,
Prohibition of Particles From 5427. ``Variances,'' is not
Manufacturing Processes'' (except approved (40 CFR
section 6.5). 52.1570(c)(20) and
52.1604(a)). Any State-
issued variances must
be formally
incorporated as SIP
revisions if EPA is to
be bound to their
provisions (40 CFR
52.1604(a)).
Subchapter 7, ``Sulfur''............ Mar. 1, 1967........... May 31, 1972, 37 FR
10880.
Subchapter 8, ``Permits and Apr. 5, 1985........... Nov. 25, 1986, 51 FR
Certificates, Hearings, and 42573.
Confidentiality''.
Section 8.11........................ Mar. 2, 1992........... Apr. 15, 1994, 59 FR
17935.
Sections 8.1 and 8.2................ June 20, 1994.......... August 7, 1997, 62 FR
42414.
Subchapter 9, ``Sulfur in Fuels``... Sept. 9, 2010.......... 1/3/12, 77 FR 19........ Sulfur dioxide
``bubble'' permits
issued by the State
pursuant to Sec. 9.2
and not waived under
the provisions of Sec.
9.4 become
applicable parts of
the SIP only after
receiving EPA approval
as a SIP revision.
Subchapter 10, ``Sulfur in Solid April 20, 2009......... August 3, 2010, 2009, 75 Notification of ``large
Fuels.''. FR 45483. zone 3 coal
conversions'' must be
provided to EPA (40
CFR 52.1601(b)).
Subchapter 11, ``Incinerators''..... Aug. 15, 1968.......... May 31, 1972, 37 FR
10880.
Subchapter 12, ``Prevention and Mar. 27, 1972.......... ......do................
Control of Air Pollution
Emergencies''.
Subchapter 13, ``Ambient Air Quality June 25, 1985.......... Nov. 25, 1986, 51 FR
Standards''. 42573.

[[Page 500]]

Subchapter 14, ``Control and ....................... ........................ On September 15, 1997,
Prohibition of Air Pollution from section 14.2 was re-
Diesel-Powered Motor Vehicles''. numbered to 14.6. The
State did not submit
this change as a SIP
revision. Therefore,
the July 1, 1985,
version of section
14.2 will continue to
be the EPA-approved
regulation.
Sections 14.1-14.3.................. July 1, 1985........... June 13, 1986...........
Section 14.1........................ July 2, 2007........... April 17, 2009, 74 FR
17781..
Section 14.2........................ September 15, 1997..... April 17, 2009, 74 FR
17781..
Section 14.3........................ July 2, 2007........... April 17, 2009, 74 FR
17781..
Subchapter 15, ``Subchapter 15, November 16, 2009...... March 15, 2012, 77 FR
``Control and Prohibition of Air 15363.
Pollution From Gasoline-Fueled
Motor Vehicles.''.
Subchapter 16, ``Control and April 20, 2009......... August 3, 2010, 75 FR
Prohibition of Air Pollution by 45483.
Volatile Organic Compounds.''.
Subchapter 17, ``Control and June 20, 1994.......... August 7, 1997, 62 FR Subchapter 17 is
Prohibition of Air Pollution by 42414. included in the SIP
Toxic Substances''. only as it relates to
the control of
perchloroethylene.
Subchapter 18, ``Control and Mar. 15, 1993.......... July 25, 1996........... See July 25, 1996, for
Prohibition of Air Pollution from items not included in
New or Altered Sources Affecting this limited approval.
Ambient Air Quality (Emission
Offset Rules).''.
Subchapter 19, ``Control and April 20, 2009, as August 3, 2010, 75 FR Subchapter 19 is
Prohibition of Air Pollution from corrected on June 15, 45483. approved into the SIP
Oxides of Nitrogen.''. 2009 and July 6, 2009. except for the
following provisions:
(1) Phased compliance
plan through
repowering in Sec.
19.21 that allows for
implementation beyond
May 1, 1999; and (2)
phased compliance plan
through the use of
innovative control
technology in Sec.
19.23 that allows for
implementation beyond
May 1, 1999.
Subchapter 21, ``Emission April 20, 2009......... August 3, 2010, 75 FR Section 7:27-21.3(b)(1)
Statements.''. 45483. and 7:27-21.3(b)(2) of
New Jersey's Emission
Statement rule
requires facilities to
report on the
following pollutants
to assist the State in
air quality planning
needs: hydrochloric
acid, hydrazine,
methylene chloride,
tetrachlorethylene, 1,
1, 1 trichloroethane,
carbon dioxide and
methane. EPA will not
take SIP-related
enforcement action on
these pollutants.
Subchapter 23, ``Prevention of Air December 29, 2008...... December 22, 2010, 75 FR
Pollution From Architectural 80340.
Coatings.''
Subchapter 24, ``Prevention of Air December 29, 2008...... December 22, 2010, 75 FR
Pollution From Consumer Products.'' 80340.
Subchapter 25, ``Control and December 29, 2008...... December 22, 2010, 75 FR
Prohibition of Air Pollution by 80340.
Vehicular Fuels.''
Subchapter 26, ``Prevention of Air December 29, 2008...... December 22, 2010, 75 FR
Pollution From Adhesives, Sealants, 80340.
Adhesive Primers and Sealant
Primers.''
Subchapter 29, ``Low Emission January 17, 2006....... February 13, 2008, 73 FR In Section 29.13(g),
Vehicle (LEV) Program''. 8202. Title 13, Chapter 1,
Article 2, Section
1961.1 of the
California Code of
Regulations relating
to greenhouse gas
emission standards, is
not incorporated into
the SIP.

[[Page 501]]

Subchapter 30, ``Clean Air July 16, 2007.......... October 1, 2007, 72 FR
Interstate Rule (CAIR) NOX Trading 55672.
Program.''.
Subchapter 31, ``NOX Budget July 16, 2007.......... October 1, 2007, 72 FR
Program.''. 55672.
Subchapter 34, ``TBAC Emissions December 29, 2008...... December 22, 2010, 75 FR
Reporting.''. 80340.

Title 7, Chapter 27B

Subchapter 3, ``Air Test Method 3: June 20, 1994.......... August 7, 1997, 62 FR .......................
Sampling and Analytic Procedures 42414.
for the Determination of Volatile
Organic Compounds from Source
Operations''.
Subchapter 5, ``Air Test Method 5: November 16, 2009...... March 15, 2012, 77 FR
Testing Procedures For Gasoline- 15363.
Fueled Vehicles.''.

Title 13, Chapter 20:

Subchapter 7, ``Vehicle November 19, 2009...... March 15, 2012, 77 FR
Inspection.'' Sections: 7.1. 7.2, 15363.
7.3, 7.4, 7.5, 7.6.
Subchapter 24, November 19, 2009...... March 15, 2012, 77 FR
``Motorcycles.''Section 20. 15363.
Subchapter 26, ``Compliance With November 19, 2009...... March 15, 2012, 77 FR
Diesel Emission Standards and 15363.
Equipment, Periodic Inspection
Program for Diesel Emissions, and
Self-Inspection of Certain Classes
of Motor Vehicles.'' Section: 26.2,
26.16.
Subchapter 28, ``Inspection of New November 19, 2009...... March 15, 2012, 77 FR
Motor Vehicles.'' Sections: 28.3, 15363.
28.4, 28.6.
Subchapter 29, ``Mobile Inspection November 19, 2009...... March 15, , 77 FR 15363.
Unit.''Sections: 29.1, 29.2, 29.3.
Subchapter 32, ``Inspection November 19, 2009...... March 15, 2012, 77 FR
Standards and Test Procedures To Be 15363.
Used By Official Inspection
Facilities.''
Subchapter 33, ``Inspection November 19, 2009...... March 15, 2012, 77 FR
Standards and Test Procedures To Be 15363.
Used By Licensed Private Inspection
Facilities.''
Subchapter 43, ``Enhanced Motor November 19, 2009...... March 15, 2012, 77 FR
Vehicle Inspection and Maintenance 15363.
Program.''
Subchapter 44, ``Private Inspection November 19, 2009...... March 15, 2012, 77 FR
Facility Licensing.'' 15363.
Subchapter 45, ``Motor Vehicle November 19, 2009...... March 15, 2012, 77 FR
Emission Repair Facility 15363.
Registration.''
Chapter 21
Subchapter 5, ``Registrations.''.... Dec. 6, 1999........... January 22, 2002, 67 FR
2813.
Section: 5.12.......................
Subchapter 15, ``New Jersey Licensed November 19, 2009...... March 15, 2012, 77 FR
Motor Vehicle Dealers.'' Sections 15363.
15.8 and 15.12.

Title 16, Chapter 53

``Autobus Specifications''.......... Sept. 26, 1983......... June 13, 1986........... Only Sections 3.23,
3.24, 3.27, 6.15,
6.21, 6.30, 7.14,
7.17, 7.23, 8.15,
8.22, 8.25 are
approved.
Title 39, Chapter 8 Subchapters 1, 2 July 1, 2010........... March 15, 2012, 2012, 77
and 3. FR 15363.
----------------------------------------------------------------------------------------------------------------

[46 FR 57677, Nov. 25, 1981]

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

[[Page 502]]

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

Sec. 52.1606 Visibility protection.

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

[77 FR 21]

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

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

[59 FR 34386, July 5, 1994]

Subpart GG_New Mexico

Sec. 52.1620 Identification of plan.

(a) Purpose and scope. This section sets forth the applicable State
Implementation Plan (SIP) for New Mexico under section 110 of the Clean
Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet national ambient air
quality standards.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to July 1,
1999, was approved for incorporation by reference by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Material is incorporated as it exists on the date of the approval, and
notice of any change in the material will be published in the Federal
Register. Entries in paragraphs (c) and (d) of this section with EPA
approval dates after July 1, 1999, will be incorporated by reference in
the next update to the SIP compilation.
(2) EPA Region 6 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) are an
exact duplicate of the officially promulgated State rules/regulations
which have been approved as part of the State implementation plan as of
July 1, 1999.
(3) Copies of the materials incorporated by reference may be
inspected at the Region 6 EPA Office at 1445 Ross Avenue, Suite 700,
Dallas, Texas, 75202-2733; the EPA, Air and Radiation Docket and
Information Center, Air Docket (6102), 401 M St., SW., Washington, DC
20460; or at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html.
(c) EPA approved regulations.

EPA Approved New Mexico Regulations
----------------------------------------------------------------------------------------------------------------
State
approval/
State citation Title/subject effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
New Mexico Administrative Code (NMAC) Title 20--Environment Protection Chapter 2--Air Quality
----------------------------------------------------------------------------------------------------------------

Part 1.............. General Provisions.... 4/8/2010 8/12/2010, 75 FR 48860..........
Part 2.............. Definitions........... 11/30/ 9/26/1997, 62 FR 50514..........
1995

Part 3.............. Ambient Air Quality 9/6/2006 7/15/11,........................
Standards. 76 FR 41698.....................

[[Page 503]]

Part 5.............. Source Surveillance... 11/30/ 9/26/1997, 62 FR 50514..........
1995
Part 7.............. Excess Emissions...... 7/10/2008 9/14/2009, 74 FR 46910..........
Part 8.............. Emissions Leaving New 11/30/ 9/26/1997, 62 FR 50514..........
Mexico. 1995
Part 10............. Woodwaste Burners..... 11/30/ 9/26/1997, 62 FR 50514..........
1995
Part 11............. Asphalt Process 11/30/ 9/26/1997, 62 FR 50514..........
Equipment. 1995
Part 12............. Cement Kilns.......... 11/30/ 9/26/1997, 62 FR 50514..........
1995
Part 13............. Gypsum Processing 11/30/ 9/26/1997, 62 FR 50514..........
Plants. 1995
Part 14............. Particulate Emissions 11/30/ 9/26/1997, 62 FR 50514..........
From Coal Burning 1995
Equipment.
Part 15............. Pumice, Mica and 11/30/ 9/26/1997, 62 FR 50514..........
Perlite Process 1995
Equipment.
Part 16............. Nonferrous Smelters 11/30/ 9/26/1997, 62 FR 50514..........
(New and Existing)- 1995
Particulate Matter.
Part 17............. Nonferrous Smelters 11/30/ 9/26/1997, 62 FR 50514..........
(Existing)- 1995
Particulate Matter.
Part 18............. Oil Burning Equipment- 11/30/ 9/26/1997, 62 FR 50514..........
Particulate Matter. 1995
Part 19............. Potash, Salt, or 11/30/ 9/26/1997, 62 FR 50514..........
Sodium Sulfate 1995
Processing Equipment-
Particulate Matter.
Part 20............. Lime Manufacturing 11/30/ 9/26/1997, 62 FR 50514..........
Plants-Particulate 1995
Matter.
Part 21............. Fugitive Particulate 11/30/ 9/26/1997, 62 FR 50514..........
Matter Emissions from 1995
Nonferrous Smelters.
Part 22............. Fugitive Particulate 11/30/ 9/26/1997, 62 FR 50514..........
Matter Emissions from 1995
Roads within the Town
of Hurley.
Part 30............. Kraft Mills........... 11/30/ 9/26/1997, 62 FR 50514..........
1995
Part 31............. Coal Burning Equipment- 11/30/ 9/26/1997, 62 FR 50514..........
Sulfur Dioxide. 1995
Part 32............. Coal Burning Equipment- 11/30/ 9/26/1997, 62 FR 50514..........
Nitrogen Dioxide. 1995
Part 33............. Gas Burning Equipment- 11/30/ 9/26/1997, 62 FR 50514..........
Nitrogen Dioxide. 1995
Part 34............. Oil Burning Equipment- 11/30/ 9/26/1997, 62 FR 50514..........
Nitrogen Dioxide. 1995
Part 40............. Sulfuric Acid 11/30/ 9/26/1997, 62 FR 50514..........
Production Units- 1995
Sulfur Dioxide, Acid
Mist and Visible
Emissions.
Part 41............. Nonferrous Smelters- 11/30/ 9/26/1997, 62 FR 50514..........
Sulfur. 1995
Part 60............. Open Burning.......... 12/31/ 11/27/2012, 77 FR 70693.........
2003
Part 61............. Smoke and Visible 11/30/ 9/26/1997, 62 FR 50514..........
Emissions. 1995
Part 65............. Smoke Management...... 12/31/ 11/27/2012, 77 FR 70693.........
2003
Part 66............. Cotton Gins........... 4/7/2005 6/13/2012, 77 FR 35273..........

[[Page 504]]

Part 72............. Construction Permits.. 9/6/2006 3/11/2013, 78 FR 15296.......... The SIP includes
NMED's letter dated
11/7/2012, which
commits the NMED Air
Quality Bureau to
providing
notification on the
NMED's website of
all second 30-day
public comment
periods provided for
under paragraph B of
20.2.72.206. NOT in
SIP: the definitions
of ``Accelerated
review'',
``Affiliate'',
``Conflict of
interest'',
``Interested party''
and ``Qualified
outside firm'' in
20.2.72.7;
subsection (B)(15)
of 20.2.72.203;
subsection (H) of
20.2.72.208;
20.2.72.221;
20.2.72.400-20.2.72.
499; and
20.2.72.502.
References to
20.2.77, 20.2.78,
and 20.2.82 are
approved for Part 72
only; underlying and
related regulations
for referred Parts
NOT in SIP.
Part 73............. Notice of Intent and 7/6/2011 11/27/2012, 77 FR 70693.........
Emissions Inventory
Requirements.
Part 74............. Permits--Prevention of 1/8/2013 12/11/2013...................... Revisions to
Significant 78 FR 75253..................... 20.2.74.303(A) NMAC
Deterioration. submitted 5/23/2011,
effective 6/3/2011,
are NOT part of SIP.
20.2.74.303 NMAC
submitted 12/1/2010,
effective 1/1/2011,
remains SIP approved
(6/20/2011, 76 FR
43149).
Revisions to
20.2.74.7(AZ)(2)(a)
NMAC submitted 1/8/
2013, effective 2/6/
2013, are NOT part
of SIP.
20.2.74.7(AZ)(2)(a)
NMAC submitted 5/23/
2011, effective 6/3/
2011, remains SIP
approved.
Part 75............. Construction Permit 11/30/95 11/25/97, 62 FR 50514
Fees.
Part 75............. Construction Permit 12/1/2003 3/29/2012, 77 FR 18923.......... NOT in SIP:
Fees. subsection (B) of
20.2.75.10 and
subsection (D) of
20.2.75.11.
References to
20.2.70, 20.2.71,
20.2.72.400-20.2.72.
499, 20.2.77,
20.2.78, 20.2.82,
and 20.2.X are
approved for Part 75
only; underlying and
related regulations
for referred Parts
NOT in SIP.

Part 79............. Permits--Nonattainment 6/3/2011 1/22/2013, 78 FR 4339...........
Areas.
Part 80............. Stack Heights......... 11/30/ 9/26/1997, 62 FR 50514..........
1995
Part 81............. Western Backstop 7/6/2011 11/27/2012, 77 FR 70693.........
Sulfur Dioxide
Trading Program.
Part 98............. General Conformity.... 08/02/96 9/9/98, 63 FR 48109............. Conditional approval
expires on September
9, 1999.
----------------------------------------------------------------------------------------------------------------
Part 99--Transportation Conformity
----------------------------------------------------------------------------------------------------------------
20.2.99.1........... Issuing Agency........ 11/23/ 3/20/2000, 65 FR 14873..........
1998
20.2.99.2........... Scope................. 6/1/2009 4/23/2010, 75 FR 21169..........
20.2.99.3........... Statutory Authority... 11/23/ 3/20/2000, 65 FR 14873..........
1998
20.2.99.4........... Duration.............. 11/23/ 3/20/2000, 65 FR 14873..........
1998

[[Page 505]]

20.2.99.5........... Effective Date........ 11/23/ 3/20/2000, 65 FR 14873..........
1998
20.2.99.6........... Objective............. 11/23/ 3/20/2000, 65 FR 14873..........
1998
20.2.99.7........... Definitions........... 6/1/2009 4/23/2010, 75 FR 21169..........
20.2.99.8........... Documents............. 11/23/ 3/20/2000, 65 FR 14873..........
1998
20.2.99.9 to [Reserved]............ 11/23/ 3/20/2000, 65 FR 14873..........
20.2.99.108. 1998
20.2.99.109......... Applicability......... 10/15/ 4/23/2010, 75 FR 21169..........
2005
20.2.99.110......... Priority.............. 11/23/ 3/20/2000, 65 FR 14873..........
1998
20.2.99.111......... Frequency of 6/1/2009 4/23/2010, 75 FR 21169..........
Conformity
Determinations.
20.2.99.112......... Frequency of 6/1/2009 4/23/2010, 75 FR 21169..........
Conformity
Determinations--Trans
portation Plans.
20.2.99.113......... Frequency of 6/1/2009 4/23/2010, 75 FR 21169..........
Conformity
Determinations--Trans
portation Improvement
Programs.
20.2.99.114......... Frequency of 10/15/ 4/23/2010, 75 FR 21169..........
Conformity 2005
Determinations--Proje
cts.
20.2.99.115......... Frequency of 6/1/2009 4/23/2010, 75 FR 21169..........
Conformity
Determinations--Trigg
ers for
Transportation Plan
and Tip Conformity
Determinations.
20.2.99.116......... Consultation.......... 10/15/ 4/23/2010, 75 FR 21169..........
2005
20.2.99.117......... Agency Roles in 10/15/ 4/23/2010, 75 FR 21169..........
Consultation. 2005
20.2.99.118......... Agency 10/15/ 4/23/2010, 75 FR 21169..........
Responsibilities in 2005
Consultation.
20.2.99.119......... General Consultation 11/23/ 3/20/2000, 65 FR 14873..........
Procedures. 1998
20.2.99.120......... Consultation 10/15/ 4/23/2010, 75 FR 21169..........
Procedures for 2005
Specific Major
Activities.
20.2.99.121......... Consultation 10/15/ 4/23/2010, 75 FR 21169..........
Procedures for 2005
Specific Routine
Activities.
20.2.99.122......... Notification 6/1/2009 4/23/2010, 75 FR 21169..........
Procedures for
Routine Activities.
20.2.99.123......... Conflict Resolution 10/15/ 4/23/2010, 75 FR 21169..........
and Appeals to the 2005
Governor.
20.2.99.124......... Public Consultation 6/1/2009 4/23/2010, 75 FR 21169..........
Procedures.
20.2.99.125......... Content of 6/1/2009 4/23/2010, 75 FR 21169..........
Transportation Plans
and Timeframes of
Conformity
Determinations.
20.2.99.126......... Relationship of 11/23/ 3/20/2000, 65 FR 14873..........
Transportation Plan 1998
and Tip Conformity to
the NEPA Process.
20.2.99.127......... Fiscal Constraints for 11/23/ 3/20/2000, 65 FR 14873..........
Transportation Plans 1998
and TIPs.
20.2.99.128......... Criteria and 6/1/2009 4/23/2010, 75 FR 21169..........
Procedures for
Determining
Conformity of
Transportation Plans,
Programs, and
Projects--General.
20.2.99.129......... Criteria and 10/15/ 4/23/2010, 75 FR 21169..........
Procedures--Latest 2005
Planning Assumptions.
20.2.99.130......... Criteria and 11/23/ 3/20/2000, 65 FR 14873..........
Procedures--Latest 1998
Emissions Model.
20.2.99.131......... Criteria and 11/23/ 3/20/2000, 65 FR 14873..........
Procedures--Consultat 1998
ion.
20.2.99.132......... Criteria and 11/23/ 3/20/2000, 65 FR 14873..........
Procedures--Timely 1998
Implementation of
TCMs.
20.2.99.133......... Criteria and 6/1/2009 4/23/2010, 75 FR 21169..........
Procedures--Currently
Conforming
Transportation Plan
and TIP.

[[Page 506]]

20.2.99.134......... Criteria and 6/1/2009 4/23/2010, 75 FR 21169..........
Procedures--Projects
from a Transportation
Plan and TIP.
20.2.99.135......... Criteria and 6/1/2009 4/23/2010, 75 FR 21169..........
Procedures--Localized
Co, PM10, and PM2.5
Violations (Hot
Spots).
20.2.99.136......... Criteria and 10/15/ 4/23/2010, 75 FR 21169..........
Procedures--Complianc 2005
e with PM10, and
PM2.5 Control
Measures.
20.2.99.137......... Criteria and 6/1/2009 4/23/2010, 75 FR 21169..........
Procedures--Motor
Vehicle Emissions
Budget.
20.2.99.138......... Criteria and 6/1/2009 4/23/2010, 75 FR 21169..........
Procedures--Interim
Emissions in Areas
without Motor Vehicle
Emissions Budgets.
20.2.99.139......... Consequences of 6/1/2009 4/23/2010, 75 FR 21169..........
Control Strategy
Implementation Plan
Failures.
20.2.99.140......... Requirements for 6/1/2009 4/23/2010, 75 FR 21169..........
Adoption or Approval
of Projects by Other
Recipients of Funds
Designated Under
Title 23 U.S.C. or
the Federal Transit
Laws.
20.2.99.141......... Procedures for 11/23/ 3/20/2000, 65 FR 14873..........
Determining Regional 1998
Transportation-
Related Pollutant
Emissions--General
Requirements.
20.2.99.142......... Procedures for 11/23/ 3/20/2000, 65 FR 14873..........
Determining Regional 1998
Transportation-
Related Pollutant
Emissions--Analysis
in Serious, Severe,
and Extreme Ozone
Nonattainment Areas
and Serious Carbon
Monoxide Areas.
20.2.99.143......... Procedures for 10/15/ 4/23/2010, 75 FR 21169..........
Determining Regional 2005
Transportation-
Related Pollution
Emissions--Two-Year
Grace Period for
Regional Emissions
Analysis Requirements
in Certain Ozone and
Co Areas.
20.2.99.144......... Procedures for 10/15/ 4/23/2010, 75 FR 21169..........
Determining Regional 2005
Transportation-
Related Pollutant
Emissions--Areas
Which are not
Serious, Severe or
Extreme Ozone
Nonattainment Areas
or Serious Carbon
Monoxide Areas.
20.2.99.145......... Procedures for 10/15/ 4/23/2010, 75 FR 21169..........
Determining Regional 2005
Transportation-
Related Pollutant
Emissions--PM10 from
Construction-Related
Fugitive Dust.
20.2.99.146......... Procedures for 10/15/ 4/23/2010, 75 FR 21169..........
Determining Regional 2005
Transportation--Relat
ed Pollutant
Emissions--PM2.5 from
Construction--Related
Fugitive Dust.
20.2.99.147......... Procedures for 10/15/ 4/23/2010, 75 FR 21169..........
Determining Regional 2005
Transportation-
Related Pollutant
Emissions--Reliance
on Previous Regional
Emissions Analysis.
20.2.99.148......... Procedures for 6/1/2009 4/23/2010, 75 FR 21169..........
Determining Localized
CO, PM10, and PM2.5
Concentrations (Hot-
Spot Analysis).

[[Page 507]]

20.2.99.149......... Using the Motor 10/15/ 4/23/2010, 75 FR 21169..........
Vehicle Emissions 2005
Budget in the SIP (or
Implementation Plan
Submission).
20.2.99.150......... Enforceability of 9/1/2007 4/23/2010, 75 FR 21169..........
Design Concept and
Scope and Project-
Level Mitigation and
Control Measures.
20.2.99.151......... Exemptions............ 6/1/2009 4/23/2010, 75 FR 21169..........
20.2.99.152......... Traffic Signal 10/15/ 4/23/2010, 75 FR 21169..........
Synchronization 2005
Projects.
20.2.99.153......... Special Exemptions 10/15/ 4/23/2010, 75 FR 21169..........
from Conformity 2005
Requirements for
Pilot Program Areas.
20.2.99.154......... Savings Provision..... 10/15/ 4/23/2010, 75 FR 21169..........
2005
----------------------------------------------------------------------------------------------------------------

EPA Approved Albuquerque/Bernalillo County, NM Regulations
----------------------------------------------------------------------------------------------------------------
State
approval/
State citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
New Mexico Administrative Code (NMAC) Title 20--Environment Protection, Chapter 11--Albuquerque/Bernalillo
County Air Quality Control Board
----------------------------------------------------------------------------------------------------------------
Part 1 (20.11.1 NMAC)....... General Provisions.. 09/07/04 7/21/05, 70 FR 41963........
Part 2 (20.11.2 NMAC)....... Fees................ 1/10/11 5/24/2012, 77 FR 30900...... NOT in SIP:
references to
Operating Permits
(20.11.42 NMAC) in
subsection (A) of
20.11.2.2,
subsection (B) of
20.11.2.11,
subsection (B) of
20.11.2.12,
subsections (A)
and (B) of
20.11.2.13, and
subsection (B) of
20.11.2.21.
Part 3 (20.11.3 NMAC)....... Transportation 11/18/10; 2/18/14, 79 FR 9097.........
Conformity. 10/11/12
Part 4 (20.11.4 NMAC)....... General Conformity.. 5/24/11 2/18/14, 79 FR 9097.........
Part 5 (20.11.5 NMAC)....... Visible Air 01/01/03 12/30/04, 69 FR 78314.......
Contaminants.
Part 6 (20.11.6 NMAC)....... Emergency Action 10/01/02 12/30/04, 69 FR 78314.......
Plan.
Part 7 (20.11.7 NMAC)....... Variance Procedure.. 09/07/04 05/31/06, 71 FR 30805.......
Part 8 (20.11.8 NMAC)....... Ambient Air Quality 8/12/09 9/19/12, 77 FR 58032........
Standards.
Part 20 (20.11.20 NMAC)..... Fugitive Dust 3/17/08 4/1/09, 74 FR 14731.........
Control.
Part 21 (20.11.21 NMAC)..... Open Burning........ 7/11/11 11/29/12, 77 FR 71119.......
Part 22 (20.11.22 NMAC)..... Woodburning......... 10/01/02 12/30/04, 69 FR 78314.......
Part 40 (20.11.40 NMAC)..... Source Registration. 10/01/02 12/30/04, 69 FR 78314.......
Part 41 (20.11.41 NMAC)..... Authority to 10/01/02 12/30/04, 69 FR 78314.......
Construct.
Part 43 (20.11.43 NMAC)..... Stack Height 10/01/02 12/30/04, 69 FR 78314.......
Requirements.
Part 46 (20.11.46 NMAC)..... Sulfur Dioxide 5/16/11 11/29/12, 77 FR 71119.......
Emission Inventory
Requirements;
Western Backstop
Sulfur Dioxide
Trading Program.
Part 49 (20.11.49 NMAC)..... Excess Emissions.... 9/23/09 2/4/10, 75 FR 5698..........
Part 60 (20.11.60).......... Permitting in 12/14/05 4/26/07, 72 FR 20728........
Nonattainment Areas.
Part 61 (20.11.61 NMAC)..... Prevention of 1/10/11 9/19/12, 77 FR 58032........
Significant
Deterioration.
Part 63 (20.11.63 NMAC)..... New Source 10/01/02 12/30/04, 69 FR 78314.......
Performance
Standards for
Stationary Sources.
Part 64 (20.11.64 NMAC)..... Emission Standards 10/01/02 12/30/04, 69 FR 78314.......
for Hazardous Air
Pollutants for
Stationary Sources.

[[Page 508]]

Part 65 (20.11.65 NMAC)..... Volatile Organic 9/23/09 2/4/10, 75 FR 5698..........
Compounds.
Part 66 (20.11.66 NMAC)..... Process Equipment... 10/01/02 12/30/04, 69 FR 78314.......
Part 67 (20.11.67 NMAC)..... Equipment, 10/01/02 12/30/04, 69 FR 78314.......
Emissions,
Limitations.
Part 68 (20.11.68 NMAC)..... Incinerators and 04/01/02 12/30/04, 69 FR 78314.......
Crematories.
Part 90 (20.11.90 NMAC)..... Source Surveillance, 9/23/09 2/4/10, 75 FR 5698..........
Administration and
Enforcement.
Part 100 (20.11.100 NMAC)... Motor Vehicle 5/11/2011 11/5/12, 77 FR 65821........
Inspection--Decentr
alized.
Part 102 (20.11.102 NMAC)... Oxygenated Fuels.... 12/11/ 2/11/2010, 75 FR 6813.......
2005
Part 103 (20.11.103 NMAC)... Motor Vehicle 10/01/02 12/30/04, 69 FR 78314.......
Visible Emissions.
----------------------------------------------------------------------------------------------------------------

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

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

(e) EPA approved nonregulatory provisions.

EPA Approved New Mexico Statutes in the Current New Mexico SIP
----------------------------------------------------------------------------------------------------------------
State
Approval/
State citation Title/subject effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
NMSA 1978--New Mexico Statutes in the Current New Mexico SIP
----------------------------------------------------------------------------------------------------------------
74-1-4.................. Environmental 04/20/90 June 1, 1999.................
Improvement Board--
Creation--Organizati
on.
74-2-1.................. Short Title.......... 08/11/83 11/02/84, 49 FR 44101
74-2-2.................. Definitions.......... 08/11/83 11/02/84, 49 FR 44101
74-2-3.................. State Air Pollution 08/11/83 11/02/84, 49 FR 44101
Control Agency.
74-2-4.................. Municipal or County 04/20/90 June 1, 1999
Air Quality Control
Board.
74-2-5.................. Duties and Powers of 08/11/83 11/02/84, 49 FR 44101
Board.
74-2-6.................. Adoption of 08/11/83 11/02/84, 49 FR 44101
Regulations Notice
and Hearings.
74-2-7.................. Permits.............. 08/11/83 11/02/84, 49 FR 44101
74-2-8.................. Variances............ 08/11/83 11/02/84, 49 FR 44101
74-2-9.................. Variances--Judicial 08/11/83 11/02/84, 49 FR 44101
Review.
74-2-10................. Emergency Procedure.. 08/11/83 11/02/84, 49 FR 44101
74-2-11................. Confidential 08/11/83 11/02/84, 49 FR 44101
Information.
74-2-11.1............... Limitations on 08/11/83 11/02/84, 49 FR 44101
Regulations.
74-2-12................. Enforcement.......... 08/11/83 11/02/84, 49 FR 44101
74-2-13................. Inspection........... 08/11/83 11/02/84, 49 FR 44101
74-2-14................. Penalties............ 08/11/83 11/02/84, 49 FR 44101
74-2-15................. Additional Means of 08/11/83 11/02/84, 49 FR 44101
Enforcement.
74-2-15.1............... Primary Nonferrous 08/11/83 11/02/84, 49 FR 44101
Smelter Orders.
74-2-16................. Declaratory Judgement 08/11/83 11/02/84, 49 FR 44101
of Regulation.
74-2-17................. Continuing Effect of 08/11/83 11/02/84, 49 FR 44101
Present Laws, Rules,
and Regulations.
Article 16, Sections 10- New Mexico Conflict 07/16/90 June 1, 1999.................
16-1 through 10-16-16. of Interest Act.

[[Page 509]]

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

EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP
----------------------------------------------------------------------------------------------------------------
Applicable
geographic or State submittal/
Name of SIP provision nonattainment effective date EPA approval date Explanation
area
----------------------------------------------------------------------------------------------------------------
State Attorney Generals Opinion Statewide........ 09/04/72......... 04/09/79, 44 FR Ref 52.1640(c)(4).
21020.
Revisions to New Source Review Statewide........ 01/03/73......... 04/09/79, 44 FR Ref 52.1640(c)(5).
and Source Surveillance. 21020.
Clarification of State permit Statewide........ 01/18/73......... 04/09/79, 44 FR Ref 52.1640(c)(6).
and Source Surveillance. 21020.
Revision for Attainment of PM in 01/23/79......... 04/10/80, 45 FR Ref 52.1640(c)(11).
Standards. Albuquerque, 24468 and 03/26/
Grant, Eddy and 81, 46 FR 18694.
Lea counties;
Ozone in
Albuquerque; SO2
in San Juan and
Grant counties;
and CO in Las
Cruces,
Farmington, and
Santa Fe
counties.
Ordinance for Motor Vehicle Albuquerque...... 07/02/79......... 04/10/80, 45 FR Ref 52.1640(c)(12).
Emission I/M program. 24468.

[[Page 510]]

TSP Plan, RFP, and Albuquerque...... 08/02/79......... 04/10/80, 45 FR Ref 52.1640(c)(13).
Transportation Commitments. 24468.
Schedule for Albuquerque TSP Albuquerque and 09/25/79......... 04/10/80, 45 FR Ref 52.1640(c)(14).
plan, revising permit Grant county. 24468.
regulations, and extension
request.
CO Strategies.................. Farmington and 01/23/79......... 04/10/80, 45 FR Ref 52.1640(c)(15).
Santa Fe 24468.
counties.
Compliance schedules for Eddy, Lea, and 07/25/79......... 12/24/80, 45 FR Ref 52.1640(c)(16).
several industries. Grant counties. 85006.
Revision for attainment of CO Bernalillo county 03/17/80......... 03/26/81, 46 FR Ref 52.1640(c)(17).
standard. 18694.
Commitment to not issue permits Nonattainment 05/20/80......... 03/26/81, 46 FR Ref 52.1640(c)(18).
to stationary sources. areas. 18694.
Commitment to submit I/M Albuquerque, 10/10/80......... 03/26/81, 46 FR Ref 52.1640(c)(19).
enforcement plan. Bernalillo 18694.
county.
Revision to ambient monitoring Statewide........ 12/12/79......... 08/06/81, 46 FR Ref 52.1640(c)(20).
plan. 40006.
Variance to regulation 506 for Hidalgo Smelter 02/04/80......... 08/19/81, 46 FR Ref 52.1640(c)(21).
Phelps Dodge Corp. in Playas, NM. 42065.
Revised SO2 control strategy... San Juan county.. 02/12/81......... 08/27/81, 46 FR Ref 52.1640(c)(22).
43153.
Memorandum of understanding Statewide........ 04/16/81......... 08/27/81, 46 FR Ref 52.1640(c)(22).
between the State and Arizona 43153.
Public Service Company.
Compliance schedule for units 4 Four Corners 03/31/80......... 03/30/82, 47 FR Ref 52.1640(c)(23).
and 5 of the Arizona Public Power plant. 13339.
Service.
Variance to regulation 603 for Four Corners 07/31/80......... 03/30/82, 47 FR Ref 52.1640(c)(25).
units 3, 4, and 5 of the Power plant. 13339.
Arizona Public Service.
New Mexico plan for Lead....... Statewide........ 05/19/80......... 05/05/82, 47 FR Ref 52.1640(c)(27).
19334 and 08/14/
84, 49 FR 32184.
Revision to SO2 control Grant county..... 05/12/81 and 08/ 05/05/82, 47 FR Ref 52.1640(c)(28).
strategy. 13/81. 19333.
Intergovernmental Consultation N/A.............. 03/28/80......... 03/08/84, 49 FR Ref 52.1640(c)(31).
program. 08610.
Public Information and Statewide........ 12/20/79......... 08/24/83, 48 FR Ref 52.1640(c)(33).
Participation program. 38467.
Revision for attainment of CO Bernalillo county 06/28/82 and 01/ 07/01/83, 48 FR Ref 52.1640(c)(34).
standard. 26/83. 30366.
Variance to regulation 603.B Four Corners 02/04/87, 10/26/ 10/27/89, 54 FR Ref 52.1640(c)(38).
for units 3, 4, and 5 of the Power Plant. 87, and 02/16/88. 43814.
Arizona Public Service.
Revision to SIP for moderate Anthony area; 11/08/91......... 09/09/93, 58 FR Ref 52.1640(c)(50).
PM10 nonattainment areas. Dona Ana county. 47383.
Narrative plan addressing CO Albuquerque, 11/05/92......... 11/29/93, 58 FR Ref 52.1640(c)(52).
nonattainment areas. Bernalillo 62535.
county.
CO continency measures and Albuquerque, 11/12/93......... 05/05/94, 59 FR Ref 52.1640(c)(57).
proposed Clean Fuel Vehicle Bernalillo 23167.
fleet demonstration. county.
Update to supplement to control Bernalillo county 11/09/94......... 06/24/96, 61 FR Ref 52.1640(c)(61).
air pollution. 32339.
Revision approving request for Albuquerque, 05/11/95......... 06/13/96, 61 FR Ref 52.1640(c)(63).
redesignation, a vehicle I/M Bernalillo 29970.
program, and required nonattainment
maintenance plan. area.
Waiver of NOX control Do[ntilde]a Ana 10-01-97......... 2/8/02, 67 FR
requirements.. County (part), 6152.
marginal ozone
nonattainment
area.

[[Page 511]]

Revision for Attainment, and Portion of Grant 02/21/03......... 9/18/03, 68 FR ......................
Maintenance Plan of SO2 County, this 54676.
Standards. portion is
restricted to a
3.5 mile radius
around the
Kennecott Copper
Corporation (now
owned by the
Phelps Dodge
Corporation and
called the
Hurley smelter)
and land above
6470 feet Mean
Sea Level within
an 8 mile radius
of the Hurley
Smelter/
Concentrator in
Hurley.
Contingency Measures Plan...... Portion of Grant 2/21/03.......... 9/18/03, 68 FR ......................
County, this 54676.
portion is
restricted to a
3.5 mile radius
around the
Kennecott Copper
Corporation (now
owned by the
Phelps Dodge
Corporation and
called the
Hurley smelter)
and land above
6470 feet Mean
Sea Level within
an 8 mile radius
of the Hurley
Smelter/
Concentrator in
Hurley.
Maintenance plan for carbon Bernalillo County 2/12/03.......... 10/9/03, 68 FR ......................
monoxide--Albuquerque/ 58280.
Bernalillo County, New Mexico:
Update of carbon monoxide
budgets using MOBILE6.
Second 10-year maintenance plan Bernalillo County 9/07/04.......... 7/21/05, 70 FR
(limited maintenance plan) for 41963.
Albuquerque/Bernalillo County.
Clean Air Action Plan and 8- San Juan County.. 12/16/04......... 8/17/05, 70 FR
hour ozone standard attainment 48285.
demonstration for the San Juan
County EAC area.
New Mexico Visibility Statewide........ 08/21/86......... 01/27/06, 71 FR
Protection Plan for Phase I, 4490.
Part I of the Federal
Visibility Requirements,
August 8, 1986.
New Mexico Visibility Statewide........ 10/08/92......... 01/27/06, 71 FR
Protection Plan for Phase I, 4490.
Part II of the Federal
Visibility Requirements,
September 9, 1992.
Interstate transport for the New Mexico....... 9/17/2007........ 6/10/2010........ Revisions to prohibit
1997 ozone and PM2.5 NAAQS. significant
contribution to
nonattainment in any
other state.
Approval for revisions
to prohibit
interference with
maintenance and PSD
measures in any other
state.

[[Page 512]]

Interstate transport for the New Mexico....... 9/17/2007........ 11/26/2010, 75 FR Revisions to prohibit
1997 ozone and PM2.5 NAAQS. 72688. interference with
maintenance and PSD
measures in any other
state.
Sunland Park 1997 8-Hour Ozone Sunland Park, NM. 5/7/2007......... 5/16/2011, 76 FR
Maintenance Plan. 28181.
Air Pollution Episode Statewide........ 7/7/1988......... 8/21/1990, 55 FR
Contingency Plan for New 34013.
Mexico.
Infrastructure for the 1997 Statewide........ 12/10/2007....... 7/15/11, 76 FR Approval for
Ozone and 1997 PM2.5 NAAQS. 3/3/2008......... 41698. 110(a)(2)(A), (B),
(C), (D)(ii), (E),
(F), (G), (H), (J),
(K), (L), and (M).
Infrastructure and Interstate Bernalillo County 8/16/2010........ 8/19/2012, 77 FR Approval for
Transport regarding 58032. 110(a)(2)(A), (B),
noninterference with other (C), (D)(i)(II),
states' programs for PSD for (D)(ii), (E), (F),
the 1997 and 2008 Ozone and (G), (H), (J), (K),
the 1997 and 2006 PM2.5 NAAQS. (L), and (M).
Regional Haze SIP under 40 CFR Statewide (except 6/24/2011........ 11/27/2012, 77 FR Nitrogen oxides Best
51.309. Bernalillo 70693. Available Retrofit
County). Technology
determination for San
Juan Generating
Station not included
in approval action.
Interstate transport for the Bernalillo County 7/30/2007........ 11/29/12, 77 FR Revisions to prohibit
1997 ozone and PM2.5 NAAQS. 71119. interference with
measures required to
protect visibility in
any other State.
Revisions to prohibit
contribution to
nonattainment in any
other State approved
11/8/2010 (75 FR
68447).
Regional Haze SIP under 40 CFR Bernalillo County 7/28/2011........ 11/29/12, 77 FR
51.309. 71119.
Infrastructure for 2006 PM2.5 Statewide, except 6/12/2009........ 7/9/2013, 78 FR 1/22/2013, (78 FR
NAAQS. for Bernalillo 40966. 4337): Approval for
County and 110(a)(2)(A), (B),
Indian country. (C), (D)(i)(II) (PSD
portion), (D)(ii),
(E), (F), (G), (H),
(J), (K), (L), and
(M). 7/9/2013, 78 FR
40966: Approval for
110(a)(2)(D)(i)(I).
Letter of commitment for the Statewide (except 11/7/2012........ 3/11/2013, 78 FR Letter dated 11/7/2012
New Mexico SIP for Minor NSR Bernalillo 15296. from NMED to EPA that
Public Notice. County). commits the NMED Air
Quality Bureau to
providing
notification on the
NMED's website of all
second 30-day public
comment periods
provided for under
paragraph B of
20.2.72.206.
----------------------------------------------------------------------------------------------------------------

[63 FR 37495, July 13, 1998]

[[Page 513]]

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

Sec. 52.1621 Classification of regions.

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

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

Sec. 52.1622 Approval status.

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

[45 FR 24468, Apr. 10, 1980]

Sec. 52.1623 Conditional approval.

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

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

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

[63 FR 48109, Sept. 9, 1998]

Sec. Sec. 52.1624-52.1626 [Reserved]

Sec. 52.1627 Control strategy and regulations: Carbon monoxide.

(a) Part D Approval. The Albuquerque/Bernalillo County carbon
monoxide maintenance plan as adopted on April

[[Page 514]]

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

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

Sec. 52.1628 Interstate pollutant transport and regional haze
provisions; what are the FIP requirements for San Juan Generating
Station emissions affecting visibility?

(a) Applicability. The provisions of this section shall apply to
each owner or operator of the coal burning equipment designated as Units
1, 2, 3, or 4 at the San Juan Generating Station in San Juan County, New
Mexico (the plant).
(b) Compliance Dates. (1) Compliance with the requirements of this
section is required by:
(i) SO2: No later than 5 years after September 21, 2011.
(ii) NOX: No later than 5 years after September 21, 2011.
(iii) H2SO4: No later than 5 years after
September 21, 2011.
(2) On and after the compliance date of this rule, no owner or
operator shall discharge or cause the discharge of NOX,
SO2, or H2SO4 into the atmosphere from
Units 1, 2, 3 and 4 in excess of the limits for these pollutants.
(c) Definitions. All terms used in this part but not defined herein
shall have the meaning given them in the CAA and in parts 51 and 60 of
this chapter. For the purposes of this section:
24-hour period means the period of time between 12:01 a.m. and 12
midnight.
Air pollution control equipment includes baghouses, particulate or
gaseous scrubbers, and any other apparatus utilized to control emissions
of regulated air contaminants which would be emitted to the atmosphere.
Boiler-operating-day means any 24-hour period between 12:00 midnight
and the following midnight during which any fuel is combusted at any
time at the steam generating unit.
Heat input means heat derived from combustion of fuel in a unit and
does not include the heat input from preheated combustion air,
recirculated flue gases, or exhaust gases from other sources. Heat input
shall be calculated in accordance with part 75 of this chapter, using
data from certified O2 and stack gas flow rate monitors.
Owner or Operator means any person who owns, leases, operates,
controls, or supervises the plant or any of the coal burning equipment
designated as Units 1, 2, 3, or 4 at the plant.
Oxides of nitrogen (NOX) means all oxides of nitrogen except nitrous
oxide, as measured by test methods set forth in 40 CFR part 60.
Regional Administrator means the Regional Administrator of EPA
Region 6 or his/her authorized representative.
(d) Emissions Limitations and Control Measures. (1) Within 180 days
of September 21, 2011, the owner or operator shall submit a plan to the
Regional Administrator that identifies the air pollution control
equipment and schedule for complying with paragraph (d) of this section.
The NOX control device included in this plan shall be
designed to meet the NOX emission rate limit identified in
paragraph (d) of this section with an ammonia slip of no greater than
2.0 ppm. The owner or operator shall submit amendments to the plan to
the Regional Administrator as changes occur.
(2) NOX emission rate limit. The NOX emission rate limit
for each unit in the plant, expressed as nitrogen dioxide
(NO2), shall be 0.05 pounds per million British thermal units
(lbs/MMBtu), as averaged over a rolling 30 boiler-operating-day period.
The hourly NOX and O2 data used to determine the
NOX emission rates shall be in compliance with the
requirements in part 75 of this chapter. For each unit on each boiler-
operating-day, the hourly NOX emissions measured in lbs/
MMBtu, shall be averaged over the hours the unit was in operation to
obtain a daily boiler-operating-day average. Each day, the 30-day-
rolling average NOX emission rate for each unit (in lbs/
MMBtu) shall be determined by averaging the daily boiler-operating-day
average emission rate from that day and those from the preceding 29
days.

[[Page 515]]

(3) SO2 emission rate limit. The SO2 emission rate limit
for each unit in the plant shall be 0.15 pounds per million British
thermal units (lbs/MMBtu), as averaged over a rolling 30 boiler-
operating-day period. The hourly NOX and O2 data
used to determine the NOX emission rates shall be in
compliance with the requirements in part 75 of this chapter. For each
unit on each boiler-operating-day, the hourly SO2 emissions
measured in lbs/MMBtu, shall be averaged over the hours the unit was in
operation to obtain a daily boiler-operating-day average. Each day, the
30-day-rolling average SO2 emission rate for each unit (in
lbs/MMBtu) shall be determined by averaging the daily boiler-operating-
day average emission rate from that day and those from the preceding 29
days.
(4) Sulfuric Acid (H2SO4) emission rate limit: Emissions of
H2SO4 from each unit shall be limited to 2.6 x
10^-\4\ lb/MMBtu on an hourly basis.
(e) Testing and monitoring. Notwithstanding any language to the
contrary, the paragraphs in this section apply at all times to Units 1,
2, 3, and 4 at the plant.
(1) By the applicable compliance date in paragraph (b) of this
section, the owner or operator shall install, calibrate, maintain and
operate Continuous Emissions Monitoring Systems (CEMS) for
NOX, SO2, stack gas flow rate, and O2
on Units 1, 2, 3, and 4 in accordance with part 75 of this chapter. The
owner or operator shall also comply with the applicable quality
assurance procedures in part 75 of this chapter for these CEMS.
Continuous monitoring systems for NOX, SO2, stack
gas flow rate, and O2 that have been certified for use under
the Acid Rain Program, and that are continuing to meet the on-going
quality-assurance requirements of that program, satisfy the requirements
of this paragraph (e)(1). Compliance with the emission limits for
NOX and SO2 shall be determined by using data from
these CEMS.
(2) The CEMS required by this rule shall be in continuous operation
during all periods of operation of the coal burning equipment, including
periods of startup, shutdown, and malfunction, except for CEMS
breakdowns, repairs, calibration checks, and zero and span adjustments.
Continuous monitoring systems for measuring SO2,
NOX, and O2 shall complete a minimum of one cycle
of operation (sampling, analyzing, and data recording) for each
successive 15-minute period. Hourly averages shall be computed using at
least one data point in each fifteen minute quadrant of an hour.
Notwithstanding this requirement, an hourly average may be computed from
at least two data points separated by a minimum of 15 minutes (where the
unit operates for more than one quadrant in an hour) if data are
unavailable as a result of performance of calibration, quality
assurance, preventive maintenance activities, or backups of data from
data acquisition and handling system, and recertification events. Each
required CEMS must obtain valid data for at least 90.0 percent of the
unit operating hours, on an annual basis.
(3) Emissions of H2SO4 shall be measured
within 180 days of start up of the NOX control device and
annually thereafter using EPA Test Method 8A (CTM-013).

Note to paragraph (e)(3):
EPA Test Method 8A is available at: http://www.epa.gov/ttn/emc/ctm/
ctm-013.pdf.

(f) Reporting and Recordkeeping Requirements. Unless otherwise
stated all requests, reports, submittals, notifications, and other
communications to the Regional Administrator required by this section
shall be submitted, unless instructed otherwise, to the Director,
Multimedia Planning and Permitting Division, U.S. Environmental
Protection Agency, Region 6, to the attention of Mail Code: 6PD, at 1445
Ross Avenue, Suite 1200, Dallas, Texas 75202-2733.
(1) The owner or operator shall keep records of all CEMS data, stack
test data, and CEMS quality-assurance tests required under this section
for a period of at least 3 years.
(2) For each unit subject to the emission limitations for
SO2, and NOX, in this section, the owner or
operator shall comply with the excess emission reporting requirements in
Sec. Sec. 60.7(c) and (d) of this chapter, on a semiannual basis,
unless more frequent (e.g., quarterly) reporting is requested by the
Regional Administrator. For SO2 and NOX,

[[Page 516]]

any day on which the 30-day rolling average emission limit in paragraph
(d) of this section is not met shall be counted as an excess emissions
day. The duration of the excess emissions period shall be the number of
unit operating hours on that day. Any hour in which a CEMS is out-of-
service (excluding hours in which required calibrations and QA tests are
performed) shall be counted as an hour of monitor downtime.
(g) Equipment Operations. At all times, including periods of
startup, shutdown, and malfunction, the owner or operator shall, to the
extent practicable, maintain and operate the unit including associated
air pollution control equipment in a manner consistent with good air
pollution control practices for minimizing emissions. Determination of
whether acceptable operating and maintenance procedures are being used
will be based on information available to the Regional Administrator
which may include, but is not limited to, monitoring results, review of
operating and maintenance procedures, and inspection of the unit.
(h) Enforcement. (1) Notwithstanding any other provision in this
implementation plan, any credible evidence or information relevant as to
whether the unit would have been in compliance with applicable
requirements if the appropriate performance or compliance test had been
performed, can be used to establish whether or not the owner or operator
has violated or is in violation of any standard or applicable emission
limit in the plan.
(2) Emissions in excess of the level of the applicable emission
limit or requirement that occur due to a malfunction shall constitute a
violation of the applicable emission limit.

[76 FR 52439, Aug. 22, 2011]

Sec. 52.1629 Visibility protection.

The portion of the State Implementation Plan revision received on
September 17, 2007, from the State of New Mexico for the purpose of
addressing the visibility requirements of Clean Air Act section
110(a)(2)(D)(i)(II) for the 1997 8-hour ozone and the 1997 fine
particulate matter National Ambient Air Quality Standards is
disapproved.

[76 FR 52440, Aug. 22, 2011]

Sec. Sec. 52.1630-52.1633 [Reserved]

Sec. 52.1634 Significant deterioration of air quality.

(a) The plan submitted by the Governor of New Mexico on February 21,
1984 (as adopted by the New Mexico Environmental Improvement Board
(NMEIB) on January 13, 1984), August 19, 1988 (as revised and adopted by
the NMEIB on July 8, 1988), and July 16, 1990 (as revised and adopted by
the NMEID on March 9, 1990), Air Quality Control Regulation 707--
Permits, Prevention of Significant Deterioration (PSD) and its
Supplemental document, is approved as meeting the requirements of part
C, Clean Air Act for preventing significant deterioration of air
quality. Additionally, on November 2, 1988, EPA approved New Mexico's
stack height regulation into the SIP (53 FR 44191), thereby satisfying
the conditions of EPA's conditional approval of the State's PSD program
on February 27, 1987 (52 FR 5964). Therefore, the conditional approval
was converted to a full approval on July 15, 2011.
(b) The requirements of section 160 through 165 of the Clean Air Act
are not met for federally designated Indian lands. Therefore, the
provisions of Sec. 52.21 except paragraph (a)(1) are hereby
incorporated and made a part of the applicable implementation plan, and
are applicable to sources located on land under the control of Indian
governing bodies.
(c) The plan submitted by the Governor in paragraph (a) of this
section for Prevention of Significant Deterioration is not applicable to
Bernalillo County. Therefore, the following plan described below is
applicable to sources located within the boundaries of Bernalillo County
(including the City of Albuquerque). This plan, submitted by the
Governor of New Mexico on April 14, 1989, August 7, 1989, May 1, 1990,
May 17, 1993, May 24, 2006, August 16, 2010, and December 15, 2010 and
respectively adopted on March 8, 1989, July 12, 1989, April 11, 1990,
February 10, 1993, December 22, 2005, April 13, 2006, July 28, 2010, and
December 10,

[[Page 517]]

2010, by the Albuquerque/Bernalillo County Air Quality Control Board,
containing Part 61--Prevention of Significant Deterioration is approved
as meeting the requirements of part C of the Clean Air Act for the
prevention of significant deterioration of air quality.

[58 FR 67333, Dec. 21, 1993, as amended at 68 FR 11323, Mar. 10, 2003;
68 FR 74490, Dec. 24, 2003; 75 FR 82558, Dec. 30, 2010; 76 FR 41705,
July 15, 2011; 76 FR 43153, July 20, 2011; 76 FR 81838, Dec. 29, 2011;
77 FR 58035, Sept. 19, 2012]

Sec. 52.1635 Rules and regulations.

(a) Part D disapproval: The requirements of Sec. 51.281 of this
chapter are not met since the measurement provisions of Sections A, B.2,
and B.3 of New Mexico Regulation 506 make these sections unenforceable.
Therefore, Sections A, B.2, and B.3 of Regulation 506 are disapproved.
(b) Regulation for measurement of emission limitations (particulate
matter from nonferrous smelters). (1) This regulation applies to new and
existing nonferrous smelters as they are defined in New Mexico
Regulation 506. The requirements of this paragraph replace the
requirements of Sections A, B.2, and B.3 of Regulation 506. All other
requirements of Regulation 506 are approved as part of the plan.
(2) No person owning or operating a new nonferrous smelter shall
permit, cause, suffer, or allow particulate matter emissions to the
atmosphere in excess of 0.03 grains per dry standard cubic foot (as
defined in 40 CFR part 60) of discharge gas.
(3) No person owning or operating an existing nonferrous smelter
shall permit, cause, suffer, or allow particulate matter to the
atmosphere from:
(i) The stack or stacks serving the acid plant in excess of 0.05
grains per dry standard cubic foot of discharge gas.
(ii) The stack or stacks serving the reverberatory feed dryer in
excess of 0.05 grains per dry standard cubic foot of discharge gas.
(c) Regulation for compliance testing (particulate matter from
nonferrous smelter). The requirements of Sec. 60.8(f) of 40 CFR part 60
shall apply to paragraph (b)(2) of this section, and to each operation
of Section B.4 of New Mexico Regulation 506.

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

Sec. 52.1636 [Reserved]

Sec. 52.1637 Particulate Matter (PM10) Group II SIP commitments.

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

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

[54 FR 20579, May 12, 1989]

Sec. 52.1638 Bernalillo County particulate matter (PM10) Group II
SIP commitments.

(a) On December 7, 1988, the Governor of New Mexico submitted a
revision to the State Implementation Plan (SIP) for Bernalillo County
that contained commitments, from the Director of the Albuquerque
Environmental Health Department, for implementing all of

[[Page 518]]

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

[54 FR 23477, June 1, 1989]

Sec. 52.1639 Prevention of air pollution emergency episodes.

(a) The plan submitted by the Governor of New Mexico on August 19,
1988, and as adopted on July 7, 1988, by the New Mexico Environmental
Improvement Board, entitled Air Pollution Episode Contingency Plan for
New Mexico, is approved as meeting the requirements of section 110 of
the Clean Air Act and 40 CFR part 51, subpart H. This plan is only
approved for the State of New Mexico outside of the boundaries of
Bernalillo County.
(b) The plan submitted by the Governor in (a) for the Air Pollution
Episode Contingency Plan is not applicable to Bernalillo County.
Therefore, the following plan described below is applicable to sources
located within the boundaries of Bernalillo County (including the City
of Albuquerque). This plan, submitted by the Governor of New Mexico on
April 14, 1989, and adopted on January 26, 1989, by the Albuquerque/
Bernalillo County Air Quality Control Board, entitled Air Pollution
Episode Contingency Plan for Bernalillo County, is approved as meeting
the requirements of section 110 of the Clean Air Act and 40 CFR part 51,
subpart H.

[56 FR 38074, Aug. 12, 1991]

Sec. 52.1640 Original identification of plan section.

(a) This section identifies the original ``State of New Mexico
Implementation Plan'' and all revisions submitted by New Mexico that
were federally approved prior to January 1, 1998.
(b) The plan was officially submitted on January 27, 1972.
(c) The Plan revisions listed below are submitted on the dates
specified.
(1) The Environmental Improvement Agency submitted revisions of Air
Quality Control Regulations 506, 507, 604, 605, 606, 651, and 652
(adopted by the Board on January 10, 1972) on March 7, 1972.
(2) Additions of sections 12-14-1 through 12-14-13 of the State's
Air Quality Control Act, and Regulations 504, 602, and 603 were
submitted by the Governor on May 9, 1972.
(3) Revisions of Regulations 702, 703, 704, and 705, as adopted by
the Board on July 29, 1972, and revisions of Sections IV, V, VII, and
VIII, were submitted by the Environmental Improvement Agency on July 31,
1972.
(4) State Attorney General's opinion on legal authority and
confidentiality of source data was submitted on September 4, 1972. (Non-
regulatory)
(5) Revisions of the New Source Review and Source Surveillance
sections of the New Mexico Implementation Plan were submitted by the
Environmental Improvement Agency on January 3, 1973. (Non-regulatory)
(6) Clarification of the State permit and source surveillance
regulations was submitted by the Environmental Improvement Agency on
January 18, 1973. (Non-regulatory)

[[Page 519]]

(7) Regulation 705, Compliance Schedules, was submitted by the
Governor on February 12, 1974.
(8) Revisions to Regulation 602, Coal Burning Equipment-Sulfur
Dioxide, as adopted by the New Mexico Environmental Improvement Board on
December 13, 1974, were submitted by the Governor on October 3, 1975
(see Sec. 52.1624).
(9) Revisions to Regulation 100, Definitions, Regulation 705,
Schedules of Compliance, and a new Regulation 706, Air Quality
Maintenance Areas, were submitted by the Governor on November 6, 1975
(see Sec. 52.1633).
(10) Revisions to sections 12-14-2, 12-14-6, and 12-14-7 of the New
Mexico Air Quality Control Act were submitted by the Governor on
November 6, 1975.
(11) Revisions to the plan for attainment of standards for
particulate matter in Albuquerque and Grant, Eddy and Lea Counties,
sulfur dioxide in San Juan and Grant Counties; ozone in Albuquerque and
carbon monoxide in Las Cruces, Farmington and Santa Fe were submitted by
the Governor on January 23, 1979.
(12) Ordinance for motor vehicle emissions inspection/maintenance
program for Albuquerque submitted by the Governor July 2, 1979.
(13) Commitments regarding the development of a TSP plan for
Albuquerque, modifications to the permit regulations and commitments
regarding reasonable further progress and commitments to currently
planned transportation control measures for Albuquerque were submitted
by the Governor on August 2, 1979.
(14) Schedule for Albuquerque TSP plan, request for 18 month
extension for submission of a plan for attainment of the TSP standard in
Grant County, schedule for revising permit regulations were submitted by
the Governor on September 25, 1979.
(15) No action is being taken on the carbon monoxide strategies
submitted by the Governor on January 23, 1979 for Farmington and Santa
Fe.
(16) Compliance schedules for several industries located in Eddy,
Lea and Grant Counties were submitted to EPA by the Governor of New
Mexico on July 25, 1979.
(17) Revisions to the plan for attainment of the standard for carbon
monoxide in Bernalillo County were submitted by the Governor on March
17, 1980.
(18) A commitment to not issue permits to stationary sources located
in nonattainment areas was submitted by the Governor on May 20, 1980.
(19) A commitment to submit an enforcement plan for the Albuquerque-
Bernalillo County inspection/maintenance program was submitted by the
Governor on October 10, 1980.
(20) On December 12, 1979, the Governor submitted final revisions to
the ambient monitoring portion of plan.
(21) A variance to Regulation 506 for Phelps Dodge Corporation,
Hidalgo Smelter in Playas, New Mexico was submitted by the Governor on
February 4, 1980.
(22) Revisions to Regulation 602, Coal Burning Equipment-Sulfur
Dioxide and a compliance schedule for that regulation were adopted on
November 20, 1980 by the New Mexico Environmental Improvement Board and
submitted by the Governor on November 24, 1980. A revised sulfur dioxide
control strategy demonstration for San Juan County, based on revised
Regulation 602 was submitted by the New Mexico Environmental Improvement
Division on February 12, 1981. Clarifications of provisions in revised
regulation 602, and a memorandum of understanding between the State and
Arizona Public Service Company on the procedure to be used by EPA in
enforcing power plant station emission limits were submitted by the New
Mexico Environmental Improvement Division on April 16, 1981.
(23) A revision to Regulation 504 which extends the final compliance
date for Units 4 and 5 of the Arizona Public Service Four Corners Power
Plant to December 31, 1982 was submitted by the Governor on June 28,
1978. A compliance schedule for the same units was submitted by the
Governor on March 31, 1980.
(24) A revision to Regulation 507, changing the emission limitations
was submitted by the Governor on January 23, 1979.
(25) A variance to Regulation 603 for the Arizona Public Service
Units 3, 4, and 5 at the Four Corners Generating

[[Page 520]]

Station, was submitted by the Governor on July 31, 1980.
(26) Revision to the plan for maintenance of pay for sources subject
to nonferrous smelter orders (Section 74-2-11.1B of the New Mexico Air
Quality Control Act) was submitted by the Governor on September 26,
1979.
(27) The New Mexico Plan for lead was submitted to EPA on May 19,
1980, by the Governor of New Mexico as adopted by the New Mexico
Improvement Board on May 9, 1980. A clarifying letter dated February 10,
1982 also was submitted.
(28) Revisions to Regulation 652, Non-Ferrous Smelters--Sulfur,
submitted by the Governor on June 22, 1981. A revised sulfur dioxide
control strategy demonstration for Grant County based on the revised
Regulation 652 was submitted by the New Mexico Environmental Improvement
Division on May 12, 1981 and August 13, 1981.
(29) A revision to Regulation 401, Regulation to Control Smoke and
Visible Emissions, was adopted by the Environmental Improvement Board on
August 25, 1978 and submitted by the Governor on November 8, 1978.
(30) Revision to New Mexico Regulation 801, Excess Emissions during
Malfunction, Startup, Shutdown or Scheduled Maintenance, was submitted
by the Governor on May 16, 1981.
(31) Revisions to Section X, Intergovernmental Consultation and
Cooperation and Interstate Pollution Abatement, submitted by the
Governor on January 23, 1979, the Intergovernmental Consultation Program
submitted by the Environmental Improvement Division, March 28, 1980 and
copies of letters from the New Mexico Environmental Improvement Division
dated November 7, 1977 to the States of Texas, Oklahoma, Arizona,
Colorado, and Utah sent in compliance with section 126(a)(2) of the
Clean Air Act, as amended in 1977.
(32) Revisions to Air Quality Control Regulation 652, Nonferrous
Smelters--Sulfur were adopted by the New Mexico Environmental
Improvement Board on June 11, 1982 and submitted to EPA by the Governor
of New Mexico on July 26, 1982.
(33) Addition of Public Information and Participation Program,
submitted by the Environmental Improvement Division on December 20,
1979.
(34) Revisions to the plan for attainment of the standard for Carbon
Monoxide in Bernalillo County were submitted by the Governor on June 28,
1982, and January 26, 1983, which included the Albuquerque/Bernalillo
County Air Quality Control Board Regulation Number 28, adopted October
19, 1982. On March 4, 1985, the vehicle inspection and maintenance
portion of the SIP providing for attainment of the standard for Carbon
Monoxide in Bernalillo County was disapproved.
(35) Revisions to sections 74-2-2 (9/79, 2/82, 4/83); 74-2-5 (9/79,
2/82, 4/83); 74-2-6 (2/82); 74-2-7 (9/79, 2/82, 4/83); 74-2-9 (9/79);
74-2-11 (9/79); 74-2-11.1 (9/79); 74-2-15 (9/79); and 74-2-15.1 (9/79)
of the State's Air Quality Control Act were submitted by the New Mexico
Secretary for Health and Environment on August 11, 1983.
(36) A revision to Air Quality Control Regulation 402 ``Regulation
to Control Wood Waste Burners'' as adopted by the New Mexico
Environmental Improvement Board on January 10, 1975, and revised by that
Board on December 10, 1982, was submitted by the State on December 23,
1983.
(37) On February 21, 1984, the Governor of New Mexico submitted Air
Quality Control Regulation 707--Permits, Prevention of Significant
Deterioration (PSD), as adopted by the New Mexico Environmental
Improvement Board on January 13, 1984. Regulation 707 provides authority
for the State to implement the PSD program in certain areas of the
State. On May 14, 1985, the Governor of New Mexico submitted a letter in
which he committed the State not to issue PSD permits under Regulation
707 to sources which would require review under EPA's stack height
regulations because they would have stack heights over sixty five (65)
meters or would use any other dispersion techniques, as defined at 40
CFR 51.1(hh).
(i) Incorporation by reference.
(A) Letter from the Governor of New Mexico dated February 21, 1984
to EPA, and New Mexico Air Quality Control Regulation No. 707--Permits,
Prevention of Significant Deterioration of Air Quality, except for
sources that locate

[[Page 521]]

(or are located) on lands under control of Indian Governing Bodies, or
sources that locate (or are located) in Bernalillo County, or sources
that require review under EPA's stack height regulations because they
have stack heights over sixty five (65) meters or use any other
dispersion techniques, as defined at 40 CFR 51.1(hh), adopted on January
13, 1984.
(B) A letter from the Governor of New Mexico dated May 14, 1985, in
which he committed the State not to issue PSD permits under Regulation
707 to source which would require review under EPA's stack height
regulations because they would have stack heights over sixty five (65)
meters or would use any other dispersion techniques, as defined at 40
CFR 51.1(hh).
(ii) Additional material.
(A) A narrative explantion entitled ``Revision to the New Mexico
State Implementation Plan--Prevention of Significant Deterioration of
Air Quality.''
(38) Revisions to the New Mexico SIP for the Arizona Public Service
Units 3, 4 and 5 at the Four Corners Generating Station were submitted
by the Governor on February 4, 1987, October 26, 1987, and February 16,
1988.
(i) Incorporation by reference.
(A) An Order dated and effective August 7, 1986, issued by the
Chairman of the New Mexico Environmental Improvement Board in the matter
of Arizona Public Service Company, Fruitland, New Mexico for Units 3, 4
and 5 of the Four Corners Power Plant granting a variance through May
31, 1987, from Air Quality Control Regulation 603.B.
(B) A Memorandum and Order dated and effective April 10, 1987,
issued by the Chairman of the New Mexico Environmental Improvement Board
in the matter of Arizona Public Service Company, Fruitland, New Mexico
for Units 3, 4 and 5 of the Four Corners Power Plant extending the term
of the variance from May 31, 1987 through October 15, 1987.
(C) An Order dated and effective December 18, 1987, issued by the
Chairman of the New Mexico Environmental Improvement board in the matter
of Arizona Public Service Company, Fruitland, New Mexico for Units 3, 4
and 5 of the Four Corners Power Plant extending the term of the variance
through September 30, 1989 for Unit 4, September 30, 1990 for Unit 3,
and September 30, 1991 for Unit 5.
(ii) Additional material.
(A) Modeling Protocol, The Four Corners Power Plant, prepared by
Bruce Nicholson of the New Mexico Environmental Improvement Division,
November 6, 1987.
(B) Amendment to Modeling Protocol, letter of August 17, 1988, from
Bruce Nicholson of the New Mexico Environmental Improvement Division to
Gerald Fontenot of EPA Region 6.
(C) Modeling Report, letter of October 27, 1988 to C. V. Mathai
(Arizona Public Service Company) and Bruce Nicholson (New Mexico
Environmental Improvement Division) from Mark Yocke of Systems
Applications Inc.
(D) An air quality impact analysis dated November 16, 1988,
submitted by the Governor of New Mexico which demonstrated that the
variance would not interfere with attainment or maintenance of the
NO2 NAAQS.
(39) On April 26, 1988, the Governor of New Mexico submitted a
revision to the State Implementation Plan that contained Air Quality
Control Regulation No. 710--Stack Height Requirements, as adopted by the
New Mexico Environmental Improvement Board on March 10, 1988. Regulation
No. 710 enables the State to ensure that the degree of emission
limitation required for the control of any air pollutant under its SIP
is not affected by that portion of any stack height that exceeds GEP or
by any other dispersion technique.
(i) Incorporation by reference.
(A) New Mexico Air Quality Control Regulation No. 710--Stack Height
Requirements, effective April 14, 1988.
(ii) Other material--None.
(40) On November 5, 1985, the Governor of New Mexico submitted Air
Quality Control Regulation 709, Permits-Nonattainment Areas, as adopted
by the New Mexico Environmental Improvement Board on July 26, 1985, and
effective on August 25, 1985. On August 19, 1988, the Governor of New
Mexico submitted revisions to Air Quality Control Regulation 709,
Permits--Nonattainment Areas, as adopted by the New Mexico Environmental
Improvement Board on July 8, 1988, and effective on August 31, 1988.
These revisions

[[Page 522]]

were to Section G.3, H.4.(d), J.1.(b)(iv), and L.32. Regulation 709
establishes a program under which new major source and major
modifications may be constructed in areas where a National Ambient Air
Quality Standard (NAAQS) is being exceeded, without interfering with the
continuing progress toward attainment of that standard. This regulation
is part of New Mexico's New Source Review (NSR) program.
(i) Incorporation by reference.
(A) Incorporation of New Mexico Air Quality Control Regulation 709;
adopted on July 26, 1985, effective August 25, 1985 and Revisions G.3;
H.4.(d); J.1.(b)(iv); and L.32 adopted on July 8, 1988, effective August
31, 1988.
(ii) Additional material.
(A) Letter dated September 29, 1988, from the New Mexico Air Quality
Bureau Chief making commitments requested by EPA in the August 31, 1988,
Federal Register Proposed Rulemaking (51 FR 33505).
(41) Revisions to the New Mexico State Implementation Plan for
particulate matter (PM10 Group III): (1) Air Quality Control
Regulation (AQCR) 100--Definitions Sections P, Q, R, S, BB; (2) AQCR
707--Permits, Prevention of Significant Deterioration (PSD) Sections C,
E(8), I(4), I(9)(a), J, P(19) through P(29), P(34), P(40), Table 2, and
Table 3; and (3) AQCR 709--Permits, Nonattainment Areas sections
A(1)(b), A(5), and Table 1 as adopted by the New Mexico Environmental
Improvement Board (NMEIB) on July 8, 1988, and filed with State Records
Center on August 1, 1988; and (4) Air Pollution Episode Contingency Plan
for New Mexico, as adopted by the NMEID on July 7, 1988, were submitted
by the Governor on August 19, 1988. Approval of the PM10 Group III SIP
is partially based on previous approved AQCRs 100, 301, 401, 402, 501,
502, 506, 507, 508, 509, 510, 511, 601, 702, 707, and 709.
(i) Incorporation by reference.
(A) AQCR 100--Definitions Section P, Q, R, S, and BB as filed with
State Records Center on August 1, 1988.
(B) AQCR 707--Permits, Prevention of Significant Deterioration (PSD)
Sections C, E(8), I(4), I(9)(a), J, P(19) through P(29), P(34), P(40),
Table 2, and Table 3, as filed with State Records Center on August 1,
1988.
(C) AQCR 709--Permits, Nonattainment Areas Sections A(1)(b), A(5),
and Table 1 as filed with State Records Center on August 1, 1988.
(ii) Additional material.
(A) A letter dated May 25, 1988, from the NMEID General Counsel to
EPA's Region 6 Air Programs Chief indicating that the State of New
Mexico has sufficient authority to enforce the NAAQS without adopting
the Federal NAAQS as State standards.
(42) [Reserved]
(43) A revision to the New Mexico State Implementation Plan (SIP) to
include Air Quality Control Regulation 700--Filing and Permit Fees, as
filed with the State Records and Archives Center on November 20, 1989,
and submitted by the Governor of New Mexico on May 14, 1990.
(i) Incorporation by reference.
(A) New Mexico Air Quality Control Regulation 700--Filing and Permit
Fees, as filed with the State Records and Archives Center on November
20, 1989.
(44) A revision to the New Mexico State Implementation Plan (SIP) to
include: Air Quality Control Regulation 110--Confidential Information
Protection, and Air Quality Control Regulation 703.1--Notice of Intent
and Emissions Inventory Requirements, and revisions to Air Quality
Control Regulations 100--Definitions and 709--Permits--Nonattainment
Areas, as all filed with the State Records and Archives Center on May
29, 1990, and submitted by the Governor of New Mexico on July 16, 1990;
and revisions to Air Quality Control Regulation 702--Permits, as filed
with the State Records and Archives Center on August 18, 1987, on
October 19, 1988, and on May 29, 1990. Air Quality Control Regulation
702 was first submitted by the Governor of New Mexico to EPA on
September 17, 1987. Further revisions to Air Quality Control Regulation
702 were submitted to EPA on October 28, 1988, and on July 16, 1990. The
approval of Air Quality Control Regulation 703.1 allows Air Quality
Control Regulation 703 to be removed from the New Mexico State
Implementation Plan.
(i) Incorporation by reference.

[[Page 523]]

(A) New Mexico Air Quality Control Regulation 110--Confidential
Information Protection, as filed with the State Records and Archives
Center on May 29, 1990.
(B) New Mexico Air Quality Control Regulation 703.1--Notice of
Intent and Emissions Inventory Requirements, ``Part One--Definitions;''
``Part Two--Notice of Intent;'' and ``Part Three--Emissions Inventory
Requirements,'' as filed with the State Records and Archives Center on
May 29, 1990.
(C) New Mexico Air Quality Control Regulation 100--Definitions,
sections (B), (C), (D), (E), (F), (G), (H), (I), (J), (N), (O), (T),
(U), (V), (W), (X), (Y), (Z), (AA), (CC), (DD), and (EE), as filed with
the State Records and Archives Center on May 29, 1990.
(D) New Mexico Air Quality Control Regulation 702--Permits, ``Part
One--Definitions,'' first paragraph and sections 1, 2, 3, 4, 5; ``Part
Two--Permit Processing and Requirements,'' section A, subsections A(4),
A(6); section G, ``Public Notice and Participation,'' subsections G(1)
(first paragraph), G(1)(e); section H, ``Permit Decisions and Appeals,''
subsections H(1), H(2), H(3), H(5), H(6), H(7); Section I, ``Basis for
Denial of Permit,'' subsections I(1), I(3); Section J, ``Additional
Legal Responsibilities on Applicants;'' section K, ``Permit
Conditions,'' subsections K(1), K(2), K(3), K(4); section L, ``Permit
Cancellations;'' section M, ``Permittee's Notification Requirements to
Division,'' subsections M (first paragraph), M(1); Section O, ``Source
Class Exemption Process (Permit Streamlining),'' subsections O(1)(a),
O(2); and section P, ``Emergency Permit Process,'' subsections P(2),
P(3), P(4), as filed with the State Records and Archives Center on
August 18, 1987; and further revisions to Air Quality Control Regulation
702, ``Part One--Definitions,'' sections 6, 7, 8, 9, 10, 11; ``Part
Two--Permit Processing and Requirements,'' section A, subsection
A(1)(b); section H, ``Permit Decisions and Appeals,'' subsection H(4);
and section I, ``Basis for Denial of Permit,'' subsection I (first
paragraph), as filed with the State Records and Archives Center on
October 19, 1988; and further revisions to Air Quality Control
Regulation 702, ``Part One--Definitions,'' Sections 12, 13, 14, 15, 16,
17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33;
``Part Two--Permit Processing and Requirements,'' section A,
``Application for Construction, Modification, NSPS, and NESHAP--Permits
and Revisions,'' Subsections A(1)(a)(i), A(1)(a)(ii), A(1)(a)(iii),
A(1)(a)(v), A(2), A(3), A(5), A(7); Section B, ``New Source Review
Coordination;'' section C, ``Permit Revision;'' section D, ``Contents of
Applications (except last sentence of section D, subsection D(1)(d));''
section E, ``Confidential Information Protection;'' section F,
``Construction, Modification and Permit Revision in Bernalillo County;''
section G, ``Public Notice and Participation,'' subsections G(1)(a),
G(1)(b), G(1)(c), G(1)(d), G(1)(f), G(2); section I, ``Basis for Denial
of Permit,'' subsections I(2), I(4), I(5), I(6), I(7); section K,
``Permit Conditions,'' subsection K(5); section M, ``Permittee's
Notification Requirements to Division,'' Subsections M(2), M(3), M(4);
section N, ``Startup and Followup Testing;'' Section O, ``Source Class
Exemption Process (Permit Streamlining),'' subsections O(1) (first
paragraph), O(1)(b), O(1)(c), O(3), O(4); section P, ``Emergency Permit
Process,'' subsections P(1), P(5); section Q, ``Nonattainment Area
Requirements;'' and Table 1, ``Significant Ambient Concentrations,'' as
filed with the State Records and Archives Center on May 29, 1990.
(E) New Mexico Air Quality Control Regulation 709--Permits--
Nonattainment Areas, section A, ``Applicability,'' subsections A(1),
A(3), A(4); section B, ``Source Obligation,'' subsections B(3), B(5),
B(6); section C, ``Source Information,'' subsections C (first
paragraph), C(1), C(2); section D, ``Source Requirements,'' subsections
D(1), D(2), D(3), D(4), D(5); section E, ``Additional Requirements for
Sources Impacting Mandatory Federal Class I Areas,'' subsections E(1),
E(2), E(5); section H, ``Banking of Emission Reduction,'' subsection
H(4)(a); section I, ``Air Quality Benefit,'' subsections I(1), I(2);
section J, ``Public Participation and Notification;'' section K,
``Definitions;'' and Table 2, ``Fugitive Emissions Source Categories,''
Title only, as filed with the State Records and Archives Center on May
29, 1990.

[[Page 524]]

(45) On July 11, 1986, the Governor of New Mexico submitted a
revision to the State Implementation Plan that contained Albuquerque/
Bernalillo County Air Quality Control Regulation (AQCR) No. 33--Stack
Height Requirements, as filed with the State Records and Archives Center
on June 18, 1986. Further, on April 14, 1989, the Governor submitted
revisions to AQCR 33, as filed with the State Records and Archives
Center on March 16, 1989. In addition, on August 7, 1989, the Governor
submitted a commitment found in the July 12, 1989 Supplement to AQCR 33
to include specific caveat language on all affected permits issued in
which dispersion credits have been an issue in the permit. AQCR 33
enables Albuquerque/Bernalillo County to ensure that the degree of
emission limitation required for the control of any air pollutant under
its SIP is not affected by that portion of any stack height that exceeds
GEP or by any other dispersion technique.
(i) Incorporation by reference.
(A) Albuquerque/Bernalillo County Air Quality Control Regulation
33--Stack Height Requirements, as filed with the State Records and
Archives Center on June 18, 1986, and as revised on March 16, 1989.
(ii) Additional material.
(A) The Supplement to the State of New Mexico's SIP regarding stack
heights in new source review (NSR) for permits issued in Bernalillo
County, as adopted by the Albuquerque/Bernalillo County Air Quality
Control Board on July 12, 1989. The Board in this Supplement committed
to include specific caveat language for all affected permits issued in
which dispersion credits have been an issue in the permit.
(46) Revisions to the New Mexico State Implementation Plan for Air
Quality Control Regulation (AQCR) 707--Permits, Prevention of
Significant Deterioration (PSD) (for PSD nitrogen dioxide increments)
Sections O(4), P(7) through P(41), Table 4, and Table 5, as adopted by
the New Mexico Environmental Improvement Board (NMEIB) on March 9, 1990,
and filed with State Records Center on May 29, 1990, were submitted by
the Governor on July 16, 1990.
(i) Incorporation by reference.
(A) AQCR 707--Permits, Prevention of Significant Deterioration (PSD)
sections O(4), P(7) through P(41), Table 4, and Table 5, as filed with
State Records Center on May 29, 1990.
(ii) Additional Material--None.
(47) A revision to the New Mexico State Implementation Plan (SIP) to
include Part Four of Air Quality Control Regulation 702, entitled
``Source Class Permit Streamlining,'' as filed with the State Records
and Archives Center on May 12, 1992, and submitted by the Governor of
New Mexico by letter dated June 16, 1992.
(i) Incorporation by reference.
(A) New Mexico Air Quality Control Regulation 702--Permits, ``Part
Four--Source Class Permit Streamlining,'' Section A, ``Definitions;''
Section B, ``Applicability;'' Section C, ``Contents of Application;''
Section D, ``Public Notice and Participation;'' Section E, ``Permit
Decisions;'' Section F, ``General Requirements;'' Section G, ``Source
Class Requirements;'' and Table 2, ``Permit Streamlining Source Class
Categories,'' as filed with the State Records and Archives Center on May
12, 1992.
(48) A revision to the New Mexico SIP to include revisions to Air
Quality Control Regulation 709--Permits--Nonattainment Areas, as filed
with the State Records and Archives Center on June 25, 1992.
(i) Incorporation by reference.
(A) Revisions to New Mexico Air Quality Control Regulation 709--
Permits--Nonattainment Areas, Section D, ``Source Requirements,''
Subsections D(2), D(3)(a), D(5), D(6); Section G, ``Emission Offsets,''
Subsection G(5); Section I, ``Air Quality Benefit,'' Subsection I(1);
and Section J, ``Public Participation and Notification,'' Subsection
J(2) (first paragraph), as filed with the State Records and Archives
Center on June 25, 1992.
(49) A revision to the New Mexico State Implementation Plan (SIP) to
include revisions to Albuquerque/Bernalillo County Air Quality Control
Board Regulation 8--Airborne Particulate Matter, as filed with the State
Records and Archives Center on February 17, 1983, and submitted by the
Governor of New Mexico by letter dated June 16, 1992.

[[Page 525]]

(i) Incorporation by reference.
(A) Albuquerque/Bernalillo County Air Quality Control Board
Regulation 8--Airborne Particulate Matter, Section 8.03, ``Soil
Disturbance,'' Subsections 8.03.1, 8.03.2, 8.03.3, 8.03.4, 8.03.5,
8.03.6, 8.03.7, and 8.03.8, as filed with the State Records and Archives
Center on February 17, 1983.
(50) A revision to the New Mexico State Implementation Plan (SIP)
addressing moderate PM-10 nonattainment area requirements for Anthony
was submitted by the Governor of New Mexico by letter dated November 8,
1991. The SIP revision included, as per section 188(f) of the Clean Air
Act, a request for a waiver of the attainment date for Anthony.
(i) Incorporation by reference.
(A) Revision to New Mexico Air Quality Control Regulation 301--
Regulation to Control Open Burning, section I (definition of ``open
burning''), as filed with the State Records and Archives Center on
February 7, 1983.
(ii) Additional material.
(A) November 8, 1991, narrative plan addressing the Anthony moderate
PM-10 nonattainment area, including emission inventory, modeling
analyses, and control measures.
(B) A letter dated October 29, 1991, from Judith M. Price, Dona Ana
County Planning Director and Assistant County Manager, to Judith M.
Espinosa, Secretary of the New Mexico Environment Department, in which
the County committed to implement and enforce all Dona Ana County rules,
regulations, policies and practices, including those identified in the
draft PM-10 SIP which reduce airborne dust in the Anthony area. The Dona
Ana County rules, regulations, policies and practices identified in the
draft Anthony PM-10 SIP are identical to those identified in the final
Anthony PM-10 SIP.
(C) A letter dated November 21, 1991, from Cecilia Williams, Chief,
New Mexico Air Quality Bureau, to Gerald Fontenot, Chief, Air Programs
Branch, EPA Region 6, expressing satisfaction with the October 29, 1991,
commitment letter from Judith Price to Judith Espinosa.
(D) Anthony PM-10 SIP narrative from page 10 that reads as follows:
``The State remains committed to the dust control measures implemented
by Dona Ana County, moderate area control strategies as agreed to in
this SIP submittal and to the established air quality monitoring
schedule.''
(51) A revision to the New Mexico SIP addressing the nonattainment
new source review program for Albuquerque/Bernalillo County, outside the
boundaries of Indian lands, was submitted by the Governor of New Mexico
on April 14, 1989, August 7, 1989, and May 17, 1993. The revision
included visibility protection new source review and stack height
provisions.
(i) Incorporation by reference.
(A) Albuquerque/Bernalillo County Air Quality Control Regulation
32--Construction Permits--Nonattainment Areas, Section A,
``Applicability,'' Subsection A(2); Section B, ``Source Obligation,''
Subsections B(1), B(2), B(4); Section C, ``Source Information,''
Subsection C(3); Section G, ``Emission Offsets,'' Subsections G(first
paragraph), G(1), G(2), G(4), G(6), G(7), G(8), G(9)(first paragraph),
G(9)(a), G(9)(b), G(10); Section J, ``Public Participation and
Notification,'' Subsections J(1), J(2)(a), J(2)(d), J(2)(f), J(2)(g),
J(2)(h); Section K, ``Definitions,'' Subsections K(first paragraph),
K(1), K(2), K(4), K(5), K(6), K(8), K(9), K(10), K(11), K(12), K(13),
K(15), K(16)(first paragraph), K(16)(b), K(16)(c)(first paragraph),
K(16)(c)(i), K(16)(c)(ii), K(16)(c)(iii), K(16)(c)(iv),
K(16)(c)(v)(first paragraph), K(16)(c)(v)(a), K(16)(c)(vi),
K(16)(c)(vii), K(16)(d), K(16)(e), K(17)(first paragraph), K(17)(a),
K(17)(b), K(17)(c), K(18), K(19), K(20), K(21)(first paragraph),
K(21)(a), K(21)(b)(first paragraph), K(21)(b)(i), K(21)(c), K(21)(d),
K(21)(e), K(21)(f), K(23), K(26), K(28), K(29), K(31), K(32); and Table
1, ``Significant Ambient Concentrations,'' as filed with the State
Records and Archives Center on March 16, 1989; and further revisions to
AQCR 32, Section i, ``Purpose;'' Section A, ``Applicability,''
Subsections A(1), A(3), A(4); Section B, ``Source Obligation,''
Subsections B(3), B(5), B(6); Section C, ``Source Information,''
Subsections C(first paragraph), C(1), C(2); Section D, ``Source
Requirements;'' Section E, ``Additional Requirements for Sources;''
Section F, ``Emissions Offset Baseline;'' Section G, ``Emission
Offsets,'' Subsections

[[Page 526]]

G(3), G(5), G(9)(c); Section H, ``Banking of Emission Reduction;''
Section I, ``Air Quality Benefit;'' Section J, ``Public Participation
and Notification,'' Subsections J(2)(first paragraph), J(2)(b), J(2)(c),
J(2)(e); Section K, ``Definitions,'' Subsections K(3), K(7), K(14),
K(16)(a), K(16)(c)(v)(b), K(17)(d), K(17)(e), K(21)(b)(ii), K(22),
K(24), K(25), K(27), K(30); and Table 2, ``Fugitive Emissions Source
Categories,'' as filed with the State Records and Archives Center on
February 26, 1993.
(ii) Additional material.
(A) The Supplement to the New Mexico State Implementation Plan to
Control Air Pollution in Areas of Bernalillo County Designated
Nonattainment, as approved by the Albuquerque/Bernalillo County Air
Quality Control Board on April 14, 1993. This supplement superseded the
supplement dated July 12, 1989.
(B) A letter dated July 18, 1989, from Sarah B. Kotchian, Director,
Albuquerque Environmental Health Department, to Mr. Robert E. Layton
Jr., Regional Administrator, EPA Region 6, regarding a stack height
commitment and an NSPS/NESHAP performance testing commitment.
(52) A revision to the New Mexico SIP addressing CO for Albuquerque/
Bernalillo County was submitted by the Governor of New Mexico by letter
dated November 5, 1992.
(i) Incorporation by reference.
(A) Albuquerque/Bernalillo County Regulation 34-Woodburning, section
34.00, ``Purpose;'' section 34.01, ``Definitions;'' section 34.02,
``Sale of New Wood Heaters-Certification Required;'' section 34.03,
``No-burn Periods;'' section 34.04, ``Notice Required;'' Section 34.05,
``Exemptions;'' section 34.06, ``Visible Emissions;'' section 34.07,
``Test Procedures;'' and section 34.08, ``Misfueling of Solid Fuel
Heating Devices Prohibited,'' as filed with the State Records and
Archives Center on November 27, 1991.
(B) Albuquerque/Bernalillo County Regulation 35-Alternative Fuels,
section 35.00, ``Purpose;'' section 35.01, ``Definitions;'' section
35.02, ``Oxygenated Fuels;'' section 35.03, ``Oxygenated Fuels
Procedures Manual;'' and section 35.07, ``Severability Clause,'' as
filed with the State Records and Archives Center on June 25, 1992.
(ii) Additional material.
(A) November 5, 1992, narrative plan addressing the Albuquerque/
Bernalillo County CO nonattainment area, including the Albuquerque/
Bernalillo County 1990 base year CO emissions inventory.
(B) A letter dated March 22, 1993, from Sarah B. Kotchian, Director,
Albuquerque Environmental Health Department (Department), to A. Stanley
Meiburg, Director, Air, Pesticides and Toxics Division, EPA Region 6, in
which the Department committed to submitting future amendments to
Regulation 34 to correct an enforceability deficiency, and in which the
Department committed to using only EPA approved test methods until the
future amendment correcting the enforceability deficiency is approved by
the EPA.
(C) A memorandum dated September 8, 1992, from Kent A. Salazar,
Manager, Albuquerque Vehicle Pollution Management Division, to Albert
Salas, Quality Assurance Specialist Supervisor, Albuquerque Vehicle
Pollution Management Division, addressing the suspension of the
oxygenated fuels program due to oxygenate shortage.
(53) A revision to the New Mexico SIP addressing the prevention of
significant deterioration program for Albuquerque/Bernalillo County,
outside the boundaries of Indian lands, was submitted by the Governor of
New Mexico on April 14, 1989, August 7, 1989, May 1, 1990, and May 17,
1993. The revision included NO2 increment provisions and
visibility protection NSR.
(i) Incorporation by reference.
(A) Albuquerque/Bernalillo County Air Quality Control Regulation
(AQCR) 29--Prevention of Significant Deterioration, Section A,
``Applicability;'' Section B, ``Exemptions;'' Section C, ``Source
Obligation;'' Section D, ``Source Information;'' Section E, ``Control
Technology Requirements,'' Subsections E(1), E(2), E(4)(a), E(4)(b),
E(4)(c), E(4)(d), E(4)(e), E(5), E(6), E(7), E(8); Section F, ``Ambient
Impact Requirements,'' Subsections F(1), F(2); Section G, ``Additional
Impact Requirements;'' Section H, ``Ambient Air

[[Page 527]]

Quality Modeling;'' Section I, ``Monitoring Requirements,'' Subsections
I(1), I(2), I(3), I(4), I(5), I(7), I(8), I(9); Section J, ``Stack
Height Credit;'' Section K, ``Temporary Source Exemptions;'' Section L,
``Public Participation and Notification;'' Section M, ``Restrictions on
Area Classifications;'' Section N, ``Exclusions from Increment
Consumption;'' Section O, ``Additional Requirements for Sources
Impacting Federal Class I Areas,'' Subsections O(1), O(2), O(3), O(5),
O(6), O(7); Section P, ``Definitions,'' Subsections P(first paragraph),
P(1), P(2), P(3), P(4), P(5), P(6), P(26)(first paragraph), P(26)(a),
P(26)(c), P(26)(d), P(27); and Table 3, ``Significant Monitoring
Concentrations,'' as filed with the State Records and Archives Center on
March 16, 1989; and further revisions to AQCR 29, Section O,
``Additional Requirements for Sources Impacting Federal Class I Areas,''
Subsection O(4); Section P, ``Definitions,'' Subsections P(8), P(9),
P(10), P(12), P(13)(first paragraph), P(13)(a), P(14), P(15), P(16),
P(17), P(18), P(19), P(20), P(21), P(22), P(23), P(24), P(25), P(26)(e),
P(28), P(29), P(30), P(31), P(32), P(33), P(34), P(35), P(36), P(37),
P(38), P(39), P(40), P(41); and Table 5, ``Maximum Allowable Increases
for Class I Waivers,'' as filed with the State Records and Archives
Center on April 24, 1990; and further revisions to AQCR 29, Section E,
``Control Technology Requirements,'' Subsections E(3), E(4)(first
paragraph); Section F, ``Ambient Impact Requirements,'' Subsection F(3);
Section I, ``Monitoring Requirements,'' Subsection I(6); Section P,
``Definitions,'' Subsections P(7), P(11), P(13)(b), P(26)(b); Table 1,
``PSD Source Categories;'' Table 2, ``Significant Emission Rates;''
Table 4, ``Allowable PSD Increments;'' and Table 6, ``Maximum Allowable
Increase for Sulfur Dioxide Waiver by Governor,'' as filed with the
State Records and Archives Center on February 26, 1993.
(B) Albuquerque/Bernalillo County Air Quality Control Board
Regulation 2--Definitions, Sections 2.31, 2.32, 2.33, 2.34, 2.35, 2.36,
2.37, 2.38, 2.39, 2.40, 2.41, 2.42, 2.43, 2.44, 2.45, 2.46, 2.47, 2.48,
2.49, 2.50, 2.51, and 2.52, as filed with the State Records and Archives
Center on March 16, 1989.
(ii) Additional material.
(A) The Supplement to the New Mexico State Implementation Plan for
Prevention of Significant Deterioration in Albuquerque/Bernalillo
County, as approved by the Albuquerque/Bernalillo County Air Quality
Control Board on April 11, 1990. This supplement superseded the
supplement dated July 12, 1989.
(B) A letter dated April 20, 1992, from Sarah B. Kotchian, Director,
Albuquerque Environmental Health Department, to A. Stanley Meiburg,
Director, Air, Pesticides and Toxics Division, EPA Region 6, regarding a
commitment to incorporate Clean Air Act Amendment revisions into the
Albuquerque/Bernalillo County PSD program.
(54) A revision to the New Mexico SIP addressing the Albuquerque/
Bernalillo County Permitting Program was submitted by the Governor of
New Mexico by cover letter dated July 22, 1993.
(i) Incorporation by reference.
(A) Albuquerque/Bernalillo County Regulation Number 20-Authority-to-
Construct Permits, Section 20.00, ``Purpose;'' Section 20.01,
``Applicability;'' Section 20.02, ``Fees for Permit Application
Review;'' Section 20.03, ``Contents of Applications;'' Section 20.04,
``Public Notice and Participation;'' Section 20.05, ``Permit Decisions
and Appeals;'' Section 20.06, ``Basis for Permit Denial;'' Section
20.07, ``Additional Legal Responsibilities on Applicants;'' Section
20.08, ``Permit Conditions;'' Section 20.09, ``Permit Cancellation;''
Section 20.10, ``Permittee's Notification Obligations to the
Department;'' Section 20.11, ``Performance Testing Following Startup;''
Section 20.12, ``Emergency Permits;'' Section 20.13, ``Nonattainment
Area Requirements;'' Section 20.14, ``Definitions Specific to Authority-
to-Construct Permit Regulations;'' and Table One, ``Significant Ambient
Concentrations,'' as filed with the State Records and Archives Center on
February 26, 1993.
(ii) Additional material.
(A) The Supplement Pertaining to General New Source Review in
Albuquerque/Bernalillo County, New Mexico, as approved by the
Albuquerque/Bernalillo County Air Quality Control Board on May 12, 1993.
(55)-(56) [Reserved]

[[Page 528]]

(57) A revision to the New Mexico SIP addressing CO contingency
measures and a proposed clean fuel vehicle fleet demonstration project
for Albuquerque/Bernalillo County, outside the boundaries of Indian
lands, was submitted by the Governor of New Mexico by cover letter dated
November 12, 1993.
(i) Incorporation by reference.
(A) Albuquerque/Bernalillo County Regulation Number 35-Alternative
Fuels, Section 35.02, ``Oxygenated Fuels,'' Subsection 35.02(A)(1);
Section 35.03, ``Oxygenated Fuels Procedures Manual;'' and Section
35.06, ``Contingency Measures,'' as filed with the State Records and
Archives Center on November 10, 1993.
(ii) Additional material.
(A) November 12, 1993, narrative plan addressing the Albuquerque/
Bernalillo County CO nonattainment area, including the proposed clean
fuel vehicle fleet demonstration project.
(58) A revision to the New Mexico State Implementation Plan (SIP) to
include revisions to AQCRs 602, 605, 651, and 652, submitted by the
Governor by cover letter dated January 28, 1994. The revision to AQCR
605 consists of removing AQCR 605 from theNew Mexico SIP.
(i) Incorporation by reference.
(A) Revisions to New Mexico Air Quality Control Regulation 602-Coal
Burning Equipment-Sulfur Dioxide, Section A.1, Section A.2, Section A.3,
Section B.1, Section C.1, Section E.2.a, Section E.2.d, Section F.1.b,
Section F.7 and Section G, as filed with the State Records and Archives
Center on November 17, 1993.
(B) Revisions to New Mexico Air Quality Control Regulation 651-
Sulfuric Acid Production Units-Sulfur Dioxide, Acid Mist and Visible
Emissions, Section A, Section B, Section C, Section D, Section E,
Section F, Section G and Section H, as filed with the State Records and
Archives Center on November 17, 1993.
(C) Revisions to New Mexico Air Quality Control Regulation 652-
Nonferrous Smelters-Sulfur, Section B.2, Section C.1, Section D, Section
G, Section H, Section I, Section J, Section K and Section L, as filed
with the State Records and Archives Center on November 17, 1993.
(ii) Additional material.
(A) The document entitled ``Hidalgo Smelter Sulfur Recovery
Procedures,'' including appendix 1, ``Physical Inventory for Sulfur
Recovery Calculations,'' and appendix 2, ``Monthly Sulfur Recovery
Calculation.''
(59) A revision to the New Mexico State Implementation Plan for
Transportation Conformity: Albuquerque/Bernalillo County Air Quality
Control Regulation (AQCR) No. 42 ``Transportation Conformity'' as
adopted on November 9, 1994 and filed with the State Records and
Archives Center on December 16, 1994, was submitted by the Governor on
December 19, 1994. No action is taken on AQCR No. 42 Section 11.
(i) Incorporation by reference.
(A) Albuquerque/Bernalillo County Air Quality Control Regulation
(AQCR) No. 42 ``Transportation Conformity'' as adopted on November 9,
1994 and filed with the State Records and Archives Center on December
16, 1994. No action is taken on AQCR No. 42 Section 11.
(ii) Additional material. None.
(60) A revision to the New Mexico State Implementation Plan for
General Conformity: Albuquerque/Bernalillo County Air Quality Control
Regulation No. 43 ``General Conformity'' as adopted on November 9, 1994,
and filed with the State Records and Archives Center on December 16,
1994, was submitted by the Governor on December 19, 1994.
(i) Incorporation by reference.
(A) Albuquerque/Bernalillo County Air Quality Control Regulation No.
43 ``General Conformity'' as adopted on November 9, 1994, and filed with
the State Records and Archives Center on December 16, 1994.
(61) A revision to the New Mexico SIP to udpate the Supplement to
the New Mexico State Implementation Plan to Control Air Pollution in
Area(s) of Bernalillo County Designated Nonattainment to reflect EPA's
approval for lifting the construction ban in Bernalillo County,
superseding the supplement dated April 14, 1993.
(i) Incorporation by reference.
(A) October 12, 1994 Supplement to the New Mexico State
Implementation Plan to Control Air Pollution in Area(s) of Bernalillo
County Designated Nonattainment as approved by the Albuquerque/
Bernalillo County Air

[[Page 529]]

Quality Control Board on November 9, 1994.
(62) The Governor of New Mexico submitted revisions to 20 New Mexico
Administrative Code 2.74 on June 26, 1995, to incorporate changes in the
Federal PSD permitting regulations for PM-10 increments.
(i) Incorporation by reference.
(A) Revisions to 20 New Mexico Administrative Code 2.74, effective
July 20, 1995.
(63) A revision to the New Mexico SIP approving a request for
redesignation to attainment, a vehicle inspection and maintenance
program, and the required maintenance plan for the Albuquerque/
Bernalillo County CO nonattainment area, submitted by the Governor on
May 11, 1995. The 1993 emissions inventory and projections were included
in the maintenance plan.
(i) Incorporation by reference.
(A) A letter from the Governor of New Mexico to EPA dated April 14,
1995, in which the Governor requested redesignation to attainment based
on the adopted Carbon Monoxide Redesignation Request and Maintenance
Plan for Albuquerque/Bernalillo County New Mexico.
(B) Albuquerque/Bernalillo County Air Quality Control Board
Regulation No. 28, Motor Vehicle Inspection, as amended April 12, 1995
and effective on July 1, 1995.
(ii) Additional material. Carbon Monoxide Redesignation Request and
Maintenance Plan for Albuquerque/Bernalillo County New Mexico, approved
and adopted by the Air Quality Control Board on April 13, 1995.
(64)-(65) [Reserved]
(66) Recodified and revised regulations of the New Mexico
Administrative Code submitted by the Governor on January 8, and July 18,
1996.
(i) Incorporation by reference.
(A) New Mexico Administrative Code, Title 20, Chapter 2, Parts 1 and
2, adopted by the New Mexico Environmental Improvement Board September
22, 1995, and filed with the State Records and Archives Center on
September 27, 1995.
(B) New Mexico Administrative Code, Title 20, Chapter 2, Parts 3, 5,
7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 30, 31, 32,
33, 34, 40, 41, 60, 61, 72 (Subparts I, II and III; Subpart V, Sections
501 and 502), 73, 75, 79, and 80; adopted by the New Mexico
Environmental Improvement Board on October 20, 1995, and filed with the
State Records and Archives Center on October 30, 1995.
(C) Revised New Mexico Administrative Code, Title 20, Chapter 2,
Part 3, Sections 109 and 111 and; Part 61, Section 111 and; repeal of
Part 3, Section 112, adopted by the New Mexico Environmental Improvement
Board December 8, 1995, and filed with the State Records and Archives
Center on December 11, 1995.
(D) New Mexico State Records Center transmittals repealing Air
Quality Control Regulations 705 and 706; adopted by the New Mexico
Environmental Improvement Board December 8, 1995; and filed with the
State Records and Archives Center on December 11, 1995.
(E) Revised New Mexico Administrative Code, Title 20, Chapter 2,
Part 72, Section 103; adopted by the New Mexico Environmental
Improvement Board on June, 18, 1996, and filed with the State Records
and Archives Center on June 19, 1996.
(ii) Additional material. None.

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

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

Subpart HH_New York

Sec. 52.1670 Identification of plan.

(a) Purpose and scope. This section sets forth the applicable State
Implementation Plan (SIP) for New York under section 110 of the Clean
Air Act, as amended, 42 U.S.C. 7401 et seq., and 40 CFR part 51 to meet
National Ambient Air Quality Standards.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to January
1, 2011, was approved for incorporation by reference by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Material is incorporated as it exists on the date of the approval,
and notice of any change in the material

[[Page 530]]

will be published in the Federal Register. Entries in paragraphs (c) and
(d) of this section with an EPA approval date after January 1, 2011,
will be incorporated by reference in the next update to the SIP
compilation.
(2) EPA Region 2 certifies that the rules/regulations provided by
the EPA in the SIP compilation at the addresses in paragraph (b)(3) of
this section are an exact duplicate of the officially promulgated State
rules/regulations, which have been approved as part of the SIP as of
January 1, 2011.
(3) Copies of the materials incorporated by reference may be
inspected at the Environmental Protection Agency, Region 2, Air Programs
Branch, 290 Broadway, New York, New York 10007; the EPA, Air and
Radiation Docket and Information Center, EPA Headquarters Library,
Infoterra Room (Room Number 3334), EPA West Building, 1301 Constitution
Ave., NW., Washington, DC 20460, and the National Archives and Records
Administration. If you wish to obtain materials from a docket in the EPA
Headquarters Library, please call the Office of Air and Radiation (OAR)
Docket/Telephone number: (202) 566-1742. For information on the
availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
(c) EPA approved regulations.

EPA-Approved New York State Regulations and Laws
----------------------------------------------------------------------------------------------------------------
State
New York State regulation effective Latest EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
Title 6:
Part 200, General Provisions, Section 1/1/11 7/12/13, 78 FR 41846 The word odor is removed
200.1. from the Subpart 200.1(d)
definition of ``air
contaminant or air
pollutant.''
Redesignation of non-
attainment areas to
attainment areas
(200.1(av)) does not
relieve a source from
compliance with previously
applicable requirements as
per letter of Nov. 13,
1981 from H. Hovey,
NYSDEC.
Changes in definitions are
acceptable to EPA unless a
previously approved
definition is necessary
for implementation of an
existing SIP regulation.
EPA is including the
definition of ``Federally
enforceable'' with the
understanding that (1) the
definition applies to
provisions of a Title V
permit that are correctly
identified as Federally
enforceable, and (2) a
source accepts operating
limits and conditions to
lower its potential to
emit to become a minor
source, not to ``avoid''
applicable requirements.
Sections 200.6 and 200.7 2/25/00 4/22/08, 73 FR 21548.
Section 200.9 1/1/11 7/12/13, 78 FR 41846 EPA is approving reference
documents that are not
already Federally
enforceable.
Part 201, Permits and Certificates... 4/4/93 10/3/05, 70 FR 57511 This action removes subpart
201.5(e) from the State's
Federally approved SIP.
Subpart 201-2.1(b)(21), Definitions.. 3/5/09 11/17/10, 75 FR 70140 EPA is including the
definition of ``Major
stationary source or major
source or major facility''
with the understanding
that the definition
applies only to provisions
of part 231.
Subpart 201-7.1, General............. 7/7/96 10/3/05, 70 FR 57511
Subpart 201-7.2, Emission Capping 7/7/96 10/3/05, 70 FR 57511
Using Synthetic Minor Permits.
Part 202, Emissions Testing, Sampling 3/24/79 11/12/81, 46 FR 55690
and Analytical Determinations.
Subpart 202-2, Emission Statements... 5/29/05 10/31/07, 72 FR 61530 Section 202-2.3(c)(9)
requires facilities to
report individual HAPs
that may not be classified
as criteria pollutants or
precursors to assist the
State in air quality
planning needs. EPA will
not take SIP-related
enforcement action on
these pollutants.
Part 204, NOX Budget Trading Program. 2/25/00 5/22/01, 66 FR 28063 Incorporates NOXSIP Call
and NOX Budget Trading
Program for 2003 and
thereafter.

[[Page 531]]

Part 205, Architectural and 1/1/11 3/8/12, 77 FR 13974
Industrial Maintenance (AIM)
Coatings.
Part 207, Control Measures for an Air 2/22/79 11/12/81, 46 FR 55690
Pollution Episode.
Part 211, General Prohibitions....... 1/1/11 3/8/12, 77 FR 13974 Section 211.1 (previously
numbered 211.2) is not
part of the approved plan.
(see 11/27/98, 63 FR
65559)
Part 212, General Process Emission 9/30/10 7/12/13, 78 FR 41846 SIP revisions submitted in
Sources. accordance with Sec.
212.10(c)(3) and 212.12(c)
are effective only if
approved by EPA.
Part 213, Contaminant Emissions from 5/1/72 9/22/72, 37 FR 19814
Ferrous Jobbing Foundries.
Part 214, By-Product Coke Oven 9/22/94 7/20/06, 71 FR 41163
Batteries.
Part 215, Open Fires................. 6/16/72 9/22/72, 37 FR 19814
Part 216, Iron and/or Steel Processes 9/22/94 7/20/06, 71 FR 41163
Part 217, Motor Vehicle Emissions....
Subpart 217-1, Motor Vehicle Enhanced 12/5/10 2/28/12, 77 FR 11742
Inspection and Maintenance Program
Requirements Until December 31, 2010.
Subpart 217-4, Inspection and 12/5/10 2/28/12, 77 FR 11742
Maintenance Program Audits Until
December 31, 2010.
Subpart 217-6, Motor Vehicle Enhanced 12/5/10 2/28/12, 77 FR 11742
Inspection and Maintenance Program
Requirements Beginning January 1,
2011.
Part 218, Emission Standards for ........... ........................... EPA's approval of part 218
Motor Vehicles and Motor Vehicle only applies to light-duty
Engines. vehicles.
Subpart 218-1: Applicability and 12/28/00 1/31/05, 70 FR 4773
Definitions.
Subpart 218-2: Certification and 12/28/00 1/31/05, 70 FR 4773
Prohibitions.
Subpart 218-3: Fleet Average......... 12/28/00 1/31/05, 70 FR 4773
Subpart 218-4: Zero Emissions Vehicle 5/28/92 1/6/95, 60 FR 2025
Sales Mandate.
Subpart 218-5: Testing............... 12/28/00 1/31/05, 70 FR 4773
Subpart 218-6: Surveillance.......... 12/28/00 1/31/05, 70 FR 4773
Subpart 218-7: Aftermarket Parts..... 12/28/00 1/31/05, 70 FR 4773
Subpart 218-8: Severability.......... 12/28/00 1/31/05, 70 FR 4773
Part 219, Incinerators............... 5/1/72 9/22/72, 37 FR 19814
Part 220, Portland Cement Plants and 7/11/10 7/12/13, 78 FR 41846 SIP revisions submitted in
Glass Plants. accordance with Sec. 220-
1.6(b)(4) and 220-
2.3(a)(4) are effective
only if approved by EPA.
Part 222, Incinerators--New York 6/17/72 9/22/72, 37 FR 19814
City, Nassau and Westchester
Counties.
Part 223, Petroleum Refineries....... 8/9/84 7/19/85, 50 FR 29382
Part 224, Sulfuric and Nitric Acid 5/10/84 7/19/85, 50 FR 29382 Variances adopted by the
Plants. State pursuant to Part
224.6(b) become applicable
only if approved by EPA as
SIP revisions 7/19/85, 50
FR 29382.
Subpart 225-1, Fuel Composition and 3/24/79 11/12/81, 46 FR 55690 Variances adopted by the
Use-Sulfur Limitations. State pursuant to Sec.
Sec. 225.2(b) and (c),
225.3, and 225.5(c) become
applicable only if
approved by EPA or SIP
revisions (40 CFR
52.1675(e)).
Subpart 225-2, Fuel Composition and 7/28/83 8/2/84, 49 FR 30936
Use-Waste Fuel.

[[Page 532]]

Part 225-3, Fuel Composition and Use-- 11/4/01 9/8/05, 70 FR 53304 The Variance adopted by the
Gasoline. State pursuant to section
225-3.5 becomes applicable
only if approved by EPA as
a SIP revision.
Part 226, Solvent Metal Cleaning 5/7/03 1/23/04, 69 FR 3240
Processes.
Part 227, Stationary Combustion 5/1/72 9/22/72, 37 FR 19814
Installations [1972 version]/section
227.2(b)(1).
Part 227, Stationary Combustion ........... ........................... Existing Part 227 is
Installations. renumbered Subpart 227-1.
Subpart 227-1, Stationary Combustion 2/25/00 5/22/01, 66 FR 28063 Renumbered sections 227-
Installations. 1.2(a)(2), 227-1.4(a), and
227-1.4(d) continue to be
disapproved according to
40 CFR 52.1678(d) and
52.1680(a). (New York
repealed existing Part
227.5.)
Subpart 227-2, Reasonably Available 7/8/10 7/12/13, 78 FR 41846 SIP revisions submitted in
Control Technology (RACT) For Major accordance with Sec. 227-
Facilities of Oxides of Nitrogen 2.3(c) are effective only
(NOX). if approved by EPA.
Subpart 227-3, Pre-2003 Nitrogen 3/5/99 5/22/01, 66 FR 28063 Approval of NOX Budget
Oxides Emissions Budget and Trading Program for 1999,
Allowance Program. 2000, 2001 and 2002. NOX
caps in the State during
2003 and thereafter
established in Part 204.
Part 228, Surface Coating Processes, 6/5/13 3/4/14, 79 FR 12084
Commercial and Industrial Adhesives,
Sealants and Primers.
Part 229, Petroleum and Volatile 4/4/93 12/23/97, 62 FR 67006 SIP revisions submitted in
Organic Liquid Storage and Transfer. accordance with Section
229.3(g)(1) are effective
only if approved by EPA.
Part 230, Gasoline Dispensing Sites 9/22/94 4/30/98, 63 FR 23668
and Transport Vehicles.
Part 231, New Source Review for New 3/5/09 11/17/10, 75 FR 70140 Partial approval; no action
and Modified Facilities. taken on provisions that
may require PSD permits
for sources of greenhouse
gas (GHG) emissions with
emissions below the
thresholds identified in
EPA's final PSD and Title
V GHG Tailoring Rule at 75
FR 31514, 31606 (June 3,
2010).
Part 232, Dry Cleaning............... 8/11/83 6/17/85, 50 FR 25079 EPA has not determined that
Sec. 232.3(a) provides
for reasonably available
control technology.
Part 233, Pharmaceutical and Cosmetic 4/4/93 12/23/97, 62 FR 67006 SIP revisions submitted in
Manufacturing Processes. accordance with Section
223.3(h)(1) are effective
only if approved by EPA.
Part 234, Graphic Arts............... 7/8/10 3/8/12, 77 FR 13974 SIP revisions submitted in
accordance with Sec.
234.3(f) are effective
only if approved by EPA.
Part 235, Consumer Products.......... 10/15/09 5/28/10, 75 FR 29897
Part 236, Synthetic Organic Chemical 1/12/92 7/27/93, 58 FR 40059 Variances adopted by the
Manufacturing Facility Component State pursuant to Part
Leaks. 236.6(e)(3) become
applicable only if
approved by EPA as a SIP
revision.
Part 239, Portable Fuel Container 7/30/09 5/28/10, 75 FR 29897 The specific application of
Spillage Control. provisions associated with
alternate test methods,
variances and innovative
products, must be
submitted to EPA as SIP
revisions.
Part 241, Asphalt Pavement and 1/1/11 3/8/12, 77 FR 13974.
Asphalt Based Surface Coating.
Part 243, CAIR NOX Ozone Season 10/19/07 1/24/08, 73 FR 4112
Trading Program.
Part 244, CAIR NOX Annual Trading 10/19/07 1/24/08, 73 FR 4112
Program.
Part 245, CAIR SO2Trading Program.... 10/19/07 1/24/08, 73 FR 4112
Part 249, Best Available Retrofit 5/6/10 8/28/12, 77 FR 51915
Technology (BART).
Title 15:
Part 79, Motor Vehicle Inspection
Regulations.
Sections 79.1-79.15, 79.17, 79.20, 12/29/10 2/28/12, 77 FR 11742 ...........................
79.21, 79.24, 79.25.

[[Page 533]]

Title 19:
Part 937, Access To Publicly 8/27/12 6/20/13, 78 FR 37124 Only subpart 937.1(a) is
Available Records. approved into the SIP and
is for the limited purpose
of satisfying Clean Air
Act Section 128(a)(2).
Environmental Conservation Law
Section 19-0325.......................... 7/15/10 8/28/12, 77 FR 51915
Public Officers Law
Section 73-a, Financial disclosure....... 8/15/11 6/20/13, 78 FR 37124 Only subsections 73-a
(2)(a)(i) and (ii) are
approved into the SIP and
are for the limited
purpose of satisfying
Clean Air Act Section
128(a)(2).
----------------------------------------------------------------------------------------------------------------

(d) EPA approved State source-specific requirements.

EPA-Approved New York Source-Specific Provisions
----------------------------------------------------------------------------------------------------------------
Identifier/ State effective/
Name of source emission point approval date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Dunlop Tire and Rubber Green tire Consent Order [81- 1/26/84, 49 FR Part 212 VOC RACT
Corporation. spraying, bead 36, 9-0420]--8/19/ 3436 Compliance Plan.
dipping, and 81, Consent Order
under tread and Amendment
tread end letters--1/29/82
cementing and 3/3/82.
processes.
Morton International Inc........ 00027............. Permit--9/1/95 9/23/97, 62 FR Part 227-2, NOX
Special Permit 49617 RACT
Conditions determination.
letter--8/23/95.
University of Rochester......... 00003 and 00005... Permit--4/25/96 9/23/97, 62 FR Part 227-2, NOX
Special Permit 49617 RACT
Conditions determination.
letter--.
3/19/96...........
Algonquin Gas Transmission .................. Special 9/23/97, 62 FR Part 227-2, NOX
Company. Conditions--9/23/ 49617 RACT
91. determination.
.................. Permit Correction-- ..................
8/8/96.
R0100............. Permit--9/23/91, ..................
Special Permit
Conditions
letter--.
3/18/96...........
R0200............. Permit--9/23/91, ..................
Special Permit
Conditions
letter--.
3/18/96...........
R0300............. Permit--9/23/91, ..................
Special Permit
Conditions
letter--.
3/18/96...........
R0400............. Permit--9/23/91, ..................
Special Permit
Conditions
letter--.
3/29/96,..........
Tenneco Gas Corporation's (also .................. .................. 7/21/03, 68 FR Part 227-2, NOX
known as Tenneco Gas Pipeline 42981 RACT
Company and Tennessee Gas determination.
Pipeline Company).
Station 229................. 0001A through Permits--8/22/95.. ..................
0006A.
Station 245................. 00001 through Special Permit ..................
00006. Conditions
letter--2/24/97.
Station 254................. 00001 through Permits--10/4/95 ..................
00006. Special Permit
Conditions
letter--.
9/15/95...........

[[Page 534]]

General Chemical Corporation.... 0SN1A and 0SN1B... Permit conditions 7/1/04, 69 FR Part 212, NOX RACT
letter--12/16/97. 39858 determination. 6/
23/05 letter
informing NYDSDEC
that the approval
will
automatically
convert to a
disapproval.
ALCOA Massena Operations (West Potline S-00001, Permit ID 6-4058- 8/28/12, 77 FR Part 249 BART.
Plant). Baking furnace S- 00003, effective 51915
00002, Package 3/20/12.
Boilers B-00001.
Arthur Kill Generating Station, Boiler 30......... Permit ID 2-6403- 8/28/12, 77 FR Part 249 BART.
NRG. 00014, effective 51915
3/20/12.
Bowline Generating Station, Boilers 1 and 2... Permit Id 3-3922- 8/28/12, 77 FR Part 249 BART.
GenOn. 00003, effective 51915
6/28/12.
Con Edison 59th Street Station.. Steam Boilers 114 Permit Id 2-6202- 8/28/12, 77 FR Part 249 BART.
and 115. 00032, Effective 51915
3/20/12.
EF Barrett Power Station, NG.... Boiler 2.......... Permit Id 1-2820- 8/28/12, 77 FR Part 249 BART.
00553, effective 51915
3/27/12.
International Paper Ticonderoga Power Boiler and Permit Id 5-1548- 8/28/12, 77 FR Part 249 BART.
Mill. Recovery Furnace. 00008, effective 51915
3/19/12.
Kodak Operations at Eastman Boilers 41, 42 and Permit Id 8-2614- 8/28/12, 77 FR Part 249 BART.
Business Park, Kodak. 43. 00205, effective 51915
5/25/12.
Lafarge Building Materials...... Kilns 1 and 2..... Permit Id 4-0124- 8/28/12, 77 FR Condition 12-14.
00001 effective 7/ 51915
19/11.
Lehigh Northeast Cement, Lehigh Kiln and Clinker Permit Id 5-5205- 8/28/12, 77 FR Part 220 and Part
Cement. cooler. 00013, effective 51915 249 BART.
7/5/12.
Northport Power Station, NG..... Boilers 1, 2, 3, Permit Id 1-4726- 8/28/12, 77 FR Part 249 BART.
and 4. 00130, effective 51915
3/27/12.
Oswego Harbor Power, NRG........ Boilers 5 and 6... Permit Id 7-3512- 8/28/12, 77 FR Part 249 BART.
00030, effective 51915
5/16/12.
Owens-Corning Insulating Systems EU2, EU3, EU12, Permit Id 4-0122- 8/28/12, 77 FR Part 249 BART.
Feura Bush, Owens Corning. EU13, and EU14. 00004 effective 5/ 51915
18/12.
Ravenswood Generating Station, Boilers 10, 20, 30 Permit Id 2-6304- 8/28/12, 77 FR Part 249 BART.
TC. 00024, effective 51915
4/6/12.
Ravenswood Steam Plant, Con Boiler 2.......... Permit Id 2-6304- 8/28/12, 77 FR Part 249 BART.
Edison. 01378 effective 3/ 51915
20/12.
Roseton Generating Station-- Boilers 1 and 2... Permit Id 3-3346- 8/28/12, 77 FR Excluding the SO2
Dynegy. 00075 effective 51915 BART emissions
11/02/11. limits for
Boilers 1 and 2
and corresponding
monitoring,
recordkeeping,
and reporting
requirements,
which EPA
disapproved.
Samuel A Carlson Generating Boiler 12......... Permit Id 9-0608- 8/28/12, 77 FR Part 249 BART.
Station, James town Board of 00053 effective 2/ 51915
Public Utilities. 8/12.
Syracuse Energy Corporation [GDF Boiler 1.......... Permit Id 7-3132- 8/28/12, 77 FR Part 249 BART.
Suez]. 00052 effective 5/ 51915
24/12.
----------------------------------------------------------------------------------------------------------------

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

[[Page 535]]

EPA-Approved New York Nonregulatory And Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Action/SIP element geographic or New York EPA approval date Explanation
nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
SIP revision for carbon monoxide New York-Northern 8/30/99 4/19/00, 65 FR
concerning the oxyfuel program. New Jersey-Long 20909
Island carbon
monoxide
nonattainment area.
Stage II gasoline vapor recovery Upstate portions of 4/18/00 9/29/00, 65 FR
comparability plan. New York State. 58364
The 1990 base year emission Areas designated 2/2/99 5/10/01, 66 FR
inventory (Volatile organic nonattainment for 23851
compounds (VOC), Nitrogen ozone since 1991
oxides (NOX) and Carbon in New York State.
monoxide (CO)).
1996 and 1999 ozone projection New York portion of 2/2/99 5/10/01, 66 FR
year emission inventories. the New York- 23851
Northern New
Jersey-Long Island
1-hour ozone
nonattainment area.
Photochemical assessment New York portion of 2/2/99 5/10/01, 66 FR
monitoring stations network. the New York- 23851
Northern New
Jersey-Long Island
1-hour ozone
nonattainment area.
Enforceable commitments for New York portion of 2/2/99 5/10/01, 66 FR
ozone. the New York- 23851
Northern New
Jersey-Long Island
1-hour ozone
nonattainment area.
15 Percent Rate of Progress Plan New York portion of 2/2/99 5/10/01, 66 FR
and the 9 Percent Reasonable the New York- 23851
Further Progress Plan for ozone. Northern New
Jersey-Long Island
1-hour ozone
nonattainment area.
2002, 2005 and 2007 ozone New York portion of 11/27/98 2/4/02, 67 FR 5194
projection year emission the New York-
inventories. Northern New
Jersey-Long Island
1-hour ozone
nonattainment area.
Reasonable Further Progress New York portion of 11/27/98 2/4/02, 67 FR 5194
Plans for milestone years 2002, the New York-
2005 and 2007 for ozone. Northern New
Jersey-Long Island
1-hour ozone
nonattainment area.
Contingency measures for ozone.. New York portion of 11/27/98 2/4/02, 67 FR 5194
the New York-
Northern New
Jersey-Long Island
1-hour ozone
nonattainment area.
Reasonably Available Control New York portion of 10/1/01 2/4/02, 67 FR 5194
Measure Analysis for ozone. the New York-
Northern New
Jersey-Long Island
1-hour ozone
nonattainment area.
Attainment demonstration for New York portion of 11/27/98, 2/4/02, 67 FR 5194
ozone. the New York- supplemented on 4/
Northern New 15/99, and 4/18/
Jersey-Long Island 00
1-hour ozone
nonattainment area.
Enforceable commitments for New York portion of 4/18/00 2/4/02, 67 FR 5194
future actions associated with the New York-
attainment of the 1-hour ozone Northern New
national ambient air quality Jersey-Long Island
standard. 1-hour ozone
nonattainment area.
SIP revision to the carbon Onondaga County.... 6/22/04 9/8/05, 70 FR
monoxide maintenance plan. 53304
1990 and 2007 conformity New York portion of 1/29/03, amended 9/13/05, 70 FR
emission budgets for ozone. the New York- on 53944
Northern New 6/29/03 and 1/18/
Jersey-Long Island 05
1-hour ozone
nonattainment area.
Revised commitment to perform a New York portion of 1/29/03 9/13/05, 70 FR
mid-course review for ozone. the New York- 53944
Northern New
Jersey-Long Island
1-hour ozone
nonattainment area.
New York reasonably available Statewide and to 9/1/06, 7/23/10, 75 FR
control technology (RACT) the New York supplemented on 2/ 43069
analysis for ozone. portion of the New 8/08 and 9/16/08
York-Northern New
Jersey-Long
Island, NY-NJ-CT
and the
Poughkeepsie 8-
hour ozone
moderate
nonattainment
areas.

[[Page 536]]

Reasonably available control New York portion of 2/8/08 7/23/10, 75 FR ..................
measure (RACM) analysis for the New York- 43069
ozone. Northern New
Jersey-Long
Island, NY-NJ-CT 8-
hour ozone
moderate
nonattainment area.
2002 base year emissions New York portion of 2/8/2008 August 18, 2011
inventory; the New York- supplemented
2008 projection year emissions Northern New on 12/28/2009 and
inventories;. Jersey-Long Island 1/26/2011
2008 motor vehicle emissions 8-hour ozone
budgets used for planning nonattainment area.
purposes;.
2008 ozone reasonable further
progress (RFP) plan; and.
2008 RFP Plan contingency
measures..
2002 base year emissions Poughkeepsie 8-hour 2/8/2008 August 18, 2011
inventory. ozone moderate supplemented
nonattainment area. on 12/28/2009 and
1/26/2011
2002 base year emissions State-wide......... 2/8/2008 August 18, 2011
inventory. supplemented
on 12/28/2009 and
1/26/2011
Implementation Plan for Regional Statewide.......... 3/15/00 8/28/12, 77 FR The plan is
Haze. 51915 approved except
for the BART
determinations
for Danskammer
Generating
Station Unit 4
and Roseton
Generating
Station Units 1
and 2. See 40 CFR
52.1686.
Regional Haze plan--Fuel Oil Statewide.......... 4/16/12 8/28/12, 77 FR
Sulfur Content. 51915
Regional Haze Plan--BART Permit Statewide.......... 4/16/12 8/28/12, 77 FR
modifications. 51915
Regional Haze Plan--BART Permit Statewide.......... 7/2/12 8/28/12, 77 FR
modifications. 51915
1997 8-hour Ozone--Attainment New York portion of 2/8/2008 2/11/13, 78 FR
Demonstration. the New York- 9596
Northern New
Jersey-Long
Island, NY-NJ-CT 8-
hour ozone
moderate
nonattainment area.
1997 8-hour Ozone--Attainment Poughkeepsie 8-hour 2/8/2008 2/11/13, 78 FR
Demonstration. ozone moderate 9596
nonattainment area.
Section 110(a)(2) Infrastructure Statewide.......... 12/13/07, 10/2/ 6/20/13, 78 FR This action
Requirements for the 1997 8- 08, 3/15/10 and 37122 addresses the
hour ozone and the 1997 and supplemented on 5/ following CAA
2006 PM2.5 NAAQS. 23/13 elements:
110(a)(2)(A),
(B), (C),
(D)(i)(II) prongs
3 and 4, (D)(ii),
(E), (F), (G),
(H), (J), (K),
(L), and (M).
Maintenance plan for the 1997 New York portion of 6/27/13 and 4/18/14, 79 FR
and 2006 PM2.5 National Ambient the 1997 and 2006 supplemented on 9/ 21857
Air Quality Standards. 2007 New York-Northern 18/13 and 2/27/14
attainment year emissions New Jersey-Long
inventory. 2009, 2017, and 2025 Island, NY-NJ-CT,
motor vehicle emissions budget. PM2.5
nonattainment area.

[[Page 537]]

Approval of CO maintenance plan, New York portion of 05/09/13 5/30/14, 79 FR This is the 2nd 10-
CO motor vehicle budgets, and the New York- 31045 year CO
2007 CO base year emissions Northern New maintenance plan
inventory. Jersey-Long Island for the New York
(NYCMA) CO area. portion of the
NYCMA.
----------------------------------------------------------------------------------------------------------------

[76 FR 41707, July 15, 2011, as amended at 76 FR 51266', Aug. 19, 2011;
77 FR 11743, Feb. 28, 2012; 77 FR 13977, Mar. 8, 2012; 77 FR 51926, Aug.
28, 2012; 78 FR 9597, Feb. 11, 2013; 78 FR 37124, June 20, 2013; 78 FR
41849, July 12, 2013; 79 FR 12084, Mar. 4, 2014; 79 FR 21857, Apr. 18,
2014; 79 FR 31046, May 30, 2014]

Sec. 52.1671 Classification of regions.

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

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

Sec. 52.1672 Extensions.

[61 FR 56900, Nov. 5, 1996]

Sec. 52.1673 Approval status.

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

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

[[Page 538]]

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

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

[60 FR 4737, Jan. 24, 1995]

Sec. 52.1675 Control strategy and regulations: Sulfur oxides.

(a)-(c) [Reserved]
(d) Section 225.3(e) of Subchapter A, Chapter III, Title 6 of New
York State's Official Compilation of Codes, Rules and Regulations, is
disapproved since it does not provide for the type of permanent control
necessary to assure attainment and maintenance of national standards.
(e) Any special limitation promulgated by the Commissioner under 6
NYCRR section 225.2(b) and (c), any exception issued by the Commissioner
under 6 NYCRR section 225.3, and any permission issued by the
Commissioner under 6 NYCRR section 225.5(c) shall not exempt any person
from the requirements otherwise imposed by 6 NYCRR Part 225; provided
that the Administrator may approve such special limitation, exception or
permission as a plan revision when the provisions of this part, section
110 (a)(3)(A) of the Act, and 40 CFR part 51 (relating to approval of
and revisions to State implementation plans) have been satisfied with
respect to such special limitation, exception or permission.
(f) The following applies to the Environmental Protection Agency's
approval as a SIP revision of the ``special limitation'' promulgated by
the Commissioner of the New York State Department of Environmental
Conservation on November 20, 1979 permitting the purchase and use by the
Consolidated Edison Company of New York, Inc. of fuel oil with a maximum
sulfur content of 1.5 percent, by weight, at units 2 and 3 of its Arthur
Kill generating facility on Staten Island, New York and unit 3 of its
Ravenswood generating station in Queens, New York:
(1) On or before the ``Date of Conversion'' indicated below, each
``Facility'' indicated below shall combust only natural gas for the
duration of the special limitation.

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

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

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

(2) If any of the facilities identified in paragraph (g)(1) of this
section, fail to meet the requirements of that paragraph, the
Consolidated Edison Company shall not burn fuel oil with a sulfur
content in excess of 0.30 percent, by weight. For this purpose,
Consolidated Edison shall maintain a reserve supply of fuel oil with a
maximum sulfur content of 0.30 percent, by weight, and shall have a
mechanism to switch promptly to the use of such fuel oil.
(3) EPA's approval of this revision to the New York SIP will extend
for a period of twelve months from [August 11, 1980] or such longer
period limited to twelve months from the date on which fuel oil with a
sulfur content exceeding 0.30 percent, by weight, is first burned at any
of the affected Consolidated Edison facilities. However, once the use of
high sulfur fuel oil has commenced, failure to meet any of the
conversion dates specified in paragraph (g)(1) of this section shall not
extend the period of EPA approval.

[[Page 539]]

(4) On or before July 1, 1981 the Consolidated Edison Company of New
York, Inc. shall displace the use of approximately 7.1 million gallons
of residual oil, as projected on an annual basis, through a gas
conversion program to be implemented within a two-mile radius of the
Mabel Dean Bacon High School Annex monitor. Beginning on the first day
of the month in which fuel oil with a sulfur content exceeding 0.30
percent, by weight, is first burned at any of the affected Consolidated
Edison facilities and continuing for twelve months thereafter, the
Consolidated Edison Company of New York, Inc. shall submit a report to
the EPA, on a monthly basis, which includes, but is not limited to, the
following information regarding this program:
(i) The total gallonage of fuel oil capacity converted (projected to
an annual amount) as of that date,
(ii) The potential gallonage from sources at which conversion work
has begun, and
(iii) The projected gallonage from sources expected to be converted
by July 1, 1981.
(g) The Environmental Protection Agency has approved a New York
State Implementation Plan revision relating to the SO2
emission limit for units 4 and 5 of Orange and Rockland Utilities'
Lovett generating station. The revision which allows Lovett to burn coal
at units 4 and 5 was submitted by the New York State Department of
Environmental Conservation (NYSDEC) on September 18, 1990, with
additional materials submitted on April 12, 1991, and June 3, 1991. This
action sets the emission limit applicable to the facility to 1.0 pound
per million British thermal units (MMBtu) for units 4 and 5 if both are
operated on coal, or to 1.5 lb/MMBtu for one unit if the other is
operated on fuel oil, natural gas or is not operated at all, as set
forth in the Certificates to Operate issued by NYSDEC on April 3, 1991.
The SO2 emission limit, monitoring and recordkeeping
requirements pertaining to the SO2 emissions are incorporated
by reference into the Certificates to Operate.

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

Sec. 52.1676 Control strategy: Nitrogen dioxide.

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

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

Sec. 52.1677 Compliance schedules.

(a) The requirements of Sec. 51.261 of this chapter are not met
since the compliance schedule for Part 220 of Subchapter A, Chapter III,
Title 6 of New York State's Official Compilation of Codes, Rules and
Regulations, does not provide for attainment and maintenance of the
national standards for particulate matter by the dates required by the
Act.
(b) The requirements of Sec. 51.262(a) of this chapter are not met
since sections 223.1(a), 225.3(c), and 230.2(d) of Subchapter A, Chapter
III, Title 6 of New York State's Official Compilation of Codes, Rules
and Regulations do not require the reporting of periodic increments of
progress toward compliance by affected sources or categories of sources.
(c) The requirements of Sec. 51.262(a) of this chapter are not met
since compliance schedules with adequate increments of progress have not
been submitted for every source for which they are required.

[[Page 540]]

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

[[Page 541]]

(iii) January 31, 1974--Submit a statement as to whether boiler
modifications will be required. If modifications will be required,
submit plans for such modifications.
(iv) March 15, 1974--Let contracts for necessary boiler
modifications, if applicable.
(v) June 15, 1974--Initiate onsite modifications, if applicable.
(vi) September 3, 1974--Complete onsite modifications, if
applicable.
(vii) October 1, 1974--Final compliance with the low-sulfur fuel
requirements of section 230.2(d) of Subchapter A, Chapter III, Title 6
of New York State's official compilation of codes, rules, and
regulations.
(6) Any owner or operator of a stationary source subject to
paragraph (d)(5) of this section who elects to utilize stack gas
desulfurization shall be subject to the following compliance schedule:
(i) November 1, 1973--Let necessary contracts for construction.
(ii) December 31, 1973--Initiate onsite construction.
(iii) September 1, 1974--Complete onsite construction.
(iv) October 1, 1974--Final compliance with the requirements of
section 230.2(d) of Subchapter A, Chapter III, Title 6 of New York
State's official compilation of codes, rules, and regulations.
(v) If a performance test is necessary for a determination as to
whether compliance has been achieved, such a test must be completed by
October 1, 1974. Ten days prior to such a test, notice must be given to
the Administrator to afford him the opportunity to have an observer
present.
(7) The owner or operator of any petroleum refinery subject to the
requirements of section 223.1(a) of Subchapter A, Chapter III, Title 6
of New York State's official compilation of codes, rules, and
regulations shall comply with the compliance schedule in paragraph
(d)(8) of this section.
(8) Any owner or operator of a petroleum refinery subject to
paragraph (d)(7) of this section shall be subject to the following
compliance schedule:
(i) November 1, 1973--Submit final control plan to the
Administrator.
(ii) February 28, 1974--Let necessary contracts for construction or
installation of emission control equipment.
(iii) June 30, 1974--Initiate onsite construction or installation of
emission control equipment.
(iv) November 30, 1974--Complete onsite construction or installation
of emission control equipment.
(v) December 31, 1974--Final compliance with the requirements of
section 223.1(a) of Subchapter A, Chapter III, Title 6 of New York
State's official compilation of codes, rules, and regulations.
(9) The owner or operator of any coke oven battery subject to the
requirements of Part 214, sections 214.2 and 214.4, of Subchapter A,
Chapter III, Title 6 of the New York State's official compilation of
codes, rules, and regulations for a facility with an environmental
rating B as determined by Part 212 of Subchapter A, Chapter III, Title 6
of the New York State official compilation of codes, rules, and
regulations, shall comply with the compliance schedule in paragraph
(d)(10) of this section.
(10) Any owner or operator of a coke oven battery subject to
paragraph (d)(9) of this section shall be subject to the following
compliance schedule:
(i) November 1, 1973--Submit final control plan to the
Administrator.
(ii) February 1, 1974--Let necessary contract for construction or
installation of control equipment.
(iii) April 15, 1974--Initiate onsite construction or installation
of control equipment.
(iv) November 30, 1974--Complete onsite construction or installation
of control equipment.
(v) December 31, 1974--Final compliance with the requirements of
Part 214, sections 214.2 and 214.4, of the Subchapter A, Chapter III,
Title 6 of the New York State's official compilation of codes, rules,
and regulations.
(11) Any owner or operator subject to a compliance schedule above
shall certify to the Administrator, within five days after the deadline
for each increment of progress in that schedule, whether or not the
increment has been met.

[[Page 542]]

(12) (i) None of the above paragraphs shall apply to a source which
is presently in compliance with applicable regulations and which has
certified such compliance to the Administrator by October 1, 1973. The
Administrator may request whatever supporting information he considers
necessary for proper certification.
(ii) Any compliance schedule adopted by the State and approved by
the Administrator shall satisfy the requirements of this paragraph for
the affected source.
(iii) Any owner or operator subject to a compliance schedule in this
paragraph may submit to the Administrator no later than October 1, 1973,
a proposed alternative compliance schedule. No such compliance schedule
may provide for final compliance after the final compliance date in the
applicable compliance schedule of this paragraph. If promulgated by the
Administrator, such schedule shall satisfy the requirements of this
paragraph for the affected source.
(13) Nothing in this paragraph shall preclude the Administrator from
promulgating a separate schedule for any source to which the application
of the compliance schedule in paragraphs (d)(2), (3), (5), (6), (8), and
(10) of this section fails to satisfy the requirements of Sec. 51.15
(b) and (c) of this chapter.

[37 FR 19815, Sept. 22, 1972]

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

Sec. 52.1678 Control strategy and regulations: Particulate matter.

(a)-(c) [Reserved]
(d) Section 227.3(a)(2) of 6 NYCRR, as submitted on August 10, 1979,
is disapproved because it is inconsistent with 40 CFR Subpart G, Control
strategy: Sulfur oxides and particulate matter.
(e) Determination of Attainment. EPA has determined, as of December
15, 2010, that the New York-Northern New Jersey-Long Island, NY-NJ-CT
fine particle (PM2.5) nonattainment area has attained the
1997 PM2.5 National Ambient Air Quality Standard. This
determination, in accordance with 40 CFR 51.1004(c), suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably control available measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as the area continues to attain
the 1997 PM2.5 NAAQS.
(f) Determination of Attainment. EPA has determined, as of December
31, 2012, that the New York-N. New Jersey-Long Island, NY-NJ-CT fine
particle (PM2.5) nonattainment area has attained the 2006
PM2.5 National Ambient Air Quality Standard. This
determination suspends the requirements for this area to submit an
attainment demonstration, associated reasonably control available
measures, a reasonable further progress plan, contingency measures, and
other planning SIPs related to attainment of the standard for as long as
the area continues to attain the 2006 PM2.5 NAAQS.
(g) Determination of Attainment. EPA has determined, as of December
2 2013, that the New York County fine particle (PM10)
nonattainment area has attained the PM10 National Ambient Air
Quality Standard. This determination suspends the requirements for this
area to submit an attainment demonstration, associated reasonably
available control measures, reasonable further progress plans, and
contingency measures for as long as the area continues to attain the
PM10 NAAQS.
(h) Approval--The maintenance plan submitted on June 27, 2013, and
supplemented on September 18, 2013 and February 27, 2014, for the 1997
PM2.5 National Ambient Air Quality Standard and the 2006
PM2.5 National Ambient Air Quality Standard for the New York
portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT,
PM2.5 nonattainment area has been approved.
(1) The maintenance plan establishes 2009 motor vehicle emission
budget for the New York portion of the New York-Northern New Jersey-Long
Island, NY-NJ-CT, PM2.5 nonattainment area. The budget is
allocated as follows: 5,516.75 tons per year for PM2.5 and
106,020.09 tons per year for NOX.
(2) The maintenance plan establishes 2017 motor vehicle emission
budget for

[[Page 543]]

the New York portion of the New York-Northern New Jersey-Long Island,
NY-NJ-CT, PM2.5 nonattainment area. The budget is allocated
as follows: 3,897.71 tons per year for PM2.5 and 68,362.66
tons per year for NOX.
(3) The maintenance plan establishes 2025 motor vehicle emission
budget for the New York portion of the New York-Northern New Jersey-Long
Island, NY-NJ-CT, PM2.5 nonattainment area. The budget is
allocated as follows: 3,291.09 tons per year for PM2.5 and
51,260.81 tons per year for NOX.
(i) Approval--The 2007 attainment year emissions inventory for the
New York portion of the New York-Northern New Jersey-Long Island, NY-NJ-
CT, PM2.5 nonattainment area. This inventory satisfies the
comprehensive emission inventory requirements of section 172(c)(3).
(j) Approval--The 2007 base year inventory for PM10 to
establish a PM10 emissions inventory for New York County.

[46 FR 55693, Nov. 12, 1981, as amended at 51 FR 40676, Nov. 7, 1986; 75
FR 69591, Nov. 15, 2010; 77 FR 76871, Dec. 31, 2012; 78 FR 72033, Dec.
2, 2013; 79 FR 21860, Apr. 18, 2014]

Sec. 52.1679 Determinations of attainment.

(a) Based upon EPA's review of complete, quality-assured air quality
data for the 3-year period 2005 to 2007, EPA determined, as of June 18,
2012, that the New York-Northern New Jersey-Long Island (NY-NJ-CT) one-
hour ozone nonattainment area did not meet its applicable one-hour ozone
attainment date of November 15, 2007. Separate from and independent of
this determination, based on 2008-2010 complete, quality-assured ozone
monitoring data at all monitoring sites in the area, and data for 2011,
EPA determined, as of June 18, 2012, that the NY-NJ-CT one-hour ozone
nonattainment area met the one-hour ozone NAAQS.
(b) Based upon EPA's review of complete, quality-assured and
certified air quality data for the 3-year period 2007 to 2009, and data
for 2011, EPA determined, as of June 18, 2012, that the New York-
Northern New Jersey-Long Island (NY-NJ-CT) eight-hour ozone moderate
nonattainment area attained the 1997 eight-hour ozone NAAQS by the
applicable attainment date of June 15, 2010. Therefore, EPA has met the
requirement pursuant to CAA section 181(b)(2)(A) to determine, based on
the area's air quality data as of the attainment date, whether the area
attained the standard. EPA also determined that the NY-NJ-CT
nonattainment area will not be reclassified for failure to attain by its
applicable attainment date under section 181(b)(2)(A).

[77 FR 36169, June 18, 2012]

Sec. 52.1680 Control strategy: Monitoring and reporting.

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

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

Sec. 52.1681 Control strategy: Lead.

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

[49 FR 30939, Aug. 2, 1984]

Sec. 52.1682 Control strategy: Carbon monoxide.

(a) Approval--The November 13, 1992 revision to the carbon monoxide
state implementation plan for Onondaga County. This revision included a
maintenance plan which demonstrated continued attainment of the National
Ambient Air Quality Standard for carbon monoxide through the year 2003.
(b) Approval--The November 13, 1992 and March 21, 1994 revisions to
the carbon monoxide state implementation plan for the New York portion
of the New York--Northern New Jersey--Long Island Carbon Monoxide
nonattainment area. This included an attainment demonstration and the
control measures needed to attain the National Ambient Air Quality
Standard for carbon monoxide. In addition, the September 21, 1990
Downtown Brooklyn Master Plan and revision dated March 22, 2000 is a
component of the carbon monoxide attainment plan. The November 23, 1999,
request to redesignate

[[Page 544]]

the New York portion of the New York--Northern New Jersey--Long Island
Carbon Monoxide nonattainment area from nonattainment to attainment of
the National Ambient Air Quality Standard for carbon monoxide. As part
of the redesignation request, the State submitted a maintenance plan
which demonstrated continued attainment of the National Ambient Air
Quality Standard for carbon monoxide through the year 2012.
(c) Approval--The June 22, 2004 revision to the carbon monoxide
maintenance plan for Onondaga County. This revision contains a second
ten-year maintenance plan that demonstrates continued attainment of the
National Ambient Air Quality Standard for carbon monoxide through the
year 2013 and CO conformity budgets for the years 2003, 2009, and 2013.
(d) Approval--The May 9, 2013 revision to the carbon monoxide (CO)
maintenance plan for the New York portion of the New York-Northern New
Jersey-Long Island, NYCMA, CO area. This revision contains a second ten-
year maintenance plan that demonstrates continued attainment of the
National Ambient Air Quality Standard for CO through the year 2022, 2007
CO base year emissions inventory and CO motor vehicle emissions budgets
through the maintenance period.

[67 FR 19339, Apr. 19, 2002, as amended at 70 FR 53308, Sept. 8, 2005;
79 FR 31046, May 30, 2014]

Sec. 52.1683 Control strategy: Ozone.

(a) The State of New York has certified to the satisfaction of the
EPA that no sources are located in the nonattainment area of the State
which are covered by the following Control Techniques Guidelines:
(1) Natural Gas/Gasoline Processing Plants.
(2) Air Oxidation Processes at Synthetic Organic Chemical
Manufacturing Industries.
(3) Manufacture of High-Density Polyethylene, Polypropylene, and
Polystyrene Resins.
(b) The State of New York has certified to the satisfaction of the
EPA that no sources are located in the State which are covered by the
following Control Techniques Guidelines:
(1) Fiberglass Boat Manufacturing Materials.
(2) [Reserved]
(c)-(e) [Reserved]
(f) Attainment Determination. (1) EPA is determining that the 1-hour
ozone nonattainment areas in New York listed below have attained the 1-
hour ozone standard on the date listed and that the reasonable further
progress and attainment demonstration requirements of section 182(b)(1)
and related requirements of section 172(c)(9) (contingency measures) of
the Clean Air Act do not apply to these areas.
(i) Albany-Schenectady-Troy (consisting of Albany, Greene,
Montgomery, Rensselaer, Saratoga, and Schenectady Counties) as of
January 6, 2010.
(ii) Buffalo-Niagara Falls (consisting of Erie and Niagara Counties)
as of January 6, 2010.
(iii) Essex County as of January 6, 2010.
(iv) Jefferson County, as of January 6, 2010.
(v) Poughkeepsie (consisting of Dutchess, and Putnam Counties and
northern Orange County) as of January 6, 2010.
(2) EPA is determining that the 8-hour ozone nonattainment areas in
New York listed below have attained the 8-hour ozone standard on the
date listed. Under the provisions of EPA's ozone implementation rule
(see 40 CFR 51.918), this determination suspends the reasonable further
progress and attainment demonstration requirements of section 182(b)(1)
and related requirements of section 172(c)(9) of the Clean Air Act for
each of these areas as long as the area does not monitor any violations
of the 8-hour ozone standard. If a violation of the ozone NAAQS is
monitored this determination shall no longer apply in the area where the
violation occurs.
(i) Albany-Schenectady-Troy (consisting of Albany, Greene,
Montgomery, Rensselaer, Saratoga, Schenectady, and Schoharie Counties)
as of March 25, 2008.
(ii) Jefferson County, as of March 25, 2008.

[[Page 545]]

(iii) Rochester (consisting of Genesee, Livingston, Monroe, Ontario,
Orleans and Wayne Counties) as of March 25, 2008.
(iv) Buffalo-Niagara Falls (consisting of Erie and Niagara Counties)
as of January 6, 2010.
(v) Jamestown (consisting of Chautauqua County) as of January 6,
2010.
(vi) Poughkeepsie (consisting of Dutchess, Orange and Putnam
Counties) as of January 6, 2010.
(vii) Essex County (consisting of Whiteface Mountain) as of January
6, 2010.
(viii) New York-Northern New Jersey-Long Island, NY-NJ-CT, eight-
hour ozone moderate nonattainment area (consisting of the Bronx, Kings,
Nassau, New York, Queens, Richmond, Rockland, Suffolk and Westchester
Counties) as of June 15, 2010 and data showing the area continued to
attain through 2011.
(g) EPA approves as a revision to the New York State Implementation
Plan, the Stage II gasoline vapor recovery comparability plan for
upstate portions of New York State submitted by the New York State
Department of Environmental Conservation on April 18, 2000.
(h)(1) The 1990 base year emission inventory as revised on February
2, 1999 (Volatile organic compounds (VOC), Nitrogen oxides
(NOX) and Carbon monoxide (CO) for areas designated
nonattainment for ozone since 1991 in New York) is approved.
(2) The 1996 and 1999 ozone projection year emission inventories
included in New York's February 2, 1999 State Implementation Plan
revision for the New York portion of the New York-Northern New Jersey-
Long Island nonattainment area are approved.
(3) [Reserved]
(4) The photochemical assessment monitoring stations network
included in New York's February 2, 1999 State Implementation Plan
revision is approved.
(5) The demonstration that emissions from growth in vehicle miles
traveled will not increase total motor vehicle emissions and, therefore,
offsetting measures are not necessary, which was included in New York's
February 2, 1999 State Implementation Plan revision for the New York
portion of the New York-Northern New Jersey-Long Island nonattainment
area is approved.
(6) The enforceable commitments to: participate in the consultative
process to address regional transport; adopt additional control measures
as necessary to attain the ozone standard, meeting rate of progress
requirements, and eliminating significant contribution to nonattainment
downwind; identify any reductions that are needed from upwind areas for
the area to meet the ozone standard, included in New York's February 2,
1999 State Implementation Plan revision for the New York portion of the
New York-Northern New Jersey-Long Island nonattainment area are
approved.
(7) The 15 Percent Rate of Progress Plan and the 9 Percent
Reasonable Further Progress Plan included in the New York's February 2,
1999 State Implementation Plan revision for the New York portion of the
New York-Northern New Jersey-Long Island nonattainment area are
approved.
(i)(1) The 2002, 2005 and 2007 ozone projection year emission
inventories included in New York's November 27, 1998 State
Implementation Plan revision for the New York portion of the New York-
Northern New Jersey-Long Island nonattainment area are approved.
(2) The Reasonable Further Progress Plans for milestone years 2002,
2005 and 2007 included in the New York's November 27, 1998 State
Implementation Plan revision for the New York portion of the New York-
Northern New Jersey-Long Island nonattainment area are approved.
(3) The contingency measures included in the New York's November 27,
1998 State Implementation Plan revision for the New York portion of the
New York-Northern New Jersey-Long Island nonattainment area necessary to
fulfill the RFP and attainment requirement of section 172(c)(9) of the
CAA are approved.
(4) [Reserved]
(5) The Reasonably Available Control Measure Analysis for the New
York portion of the New York-Northern New Jersey-Long Island
nonattainment area included in New York's October 1,

[[Page 546]]

2001 State Implementation Plan revision is approved.
(6) The revisions to the State Implementation Plan submitted by New
York on November 27, 1998, April 15, 1999, and April 18, 2000, are
approved. The revisions are for the purpose of satisfying the attainment
demonstration requirements of section 182(c)(2)(A) of the CAA for the
New York portion of the New York-Northern New Jersey-Long Island severe
ozone nonattainment area. The revisions establish an attainment date of
November 15, 2007, for the New York-Northern New Jersey-Long Island
ozone nonattainment area. The April 18, 2000, revision includes the
following enforceable commitments for future actions associated with
attainment of the 1-hour ozone national ambient air quality standard:
(i) Adopt additional control measures by October 31, 2001, to meet
that level of reductions identified by EPA for attainment of the 1-hour
ozone standard.
(ii) Work through the Ozone Transport Commission (OTC) to develop a
regional strategy regarding the measures necessary to meet the
additional reductions identified by EPA.
(iii) Adopt and submit by October 31, 2001 intrastate measures for
the emission reductions (Backstop) in the event the OTC process does not
recommend measures that produce emission reductions.
(iv) Submit revised State Implementation Plan and motor vehicle
emissions budget by October 31, 2001 if additional adopted measures
affect the motor vehicle emissions inventory.
(j)(1) The 1990 and 2007 conformity emission budgets for the New
York portion of the New York-Northern New Jersey-Long Island
nonattainment area contained in New York's January 29, 2003 SIP
revision, amended by New York's June 29, 2003 submittal and January 18,
2005 comment letter.
(2) The revised commitment to perform a mid-course review and submit
the results by December 31, 2004 included in the January 29, 2003 SIP
revision is approved.
(k)(1) The September 1, 2006 New York reasonably available control
technology (RACT) analysis plan submittal, supplemented on February 8,
2008 and September 16, 2008, which applies to the entire State and to
the New York portion of the New York-Northern New Jersey-Long Island,
NY-NJ-CT and the Poughkeepsie 8-hour ozone moderate nonattainment areas
is conditionally approved.
(2) The moderate area reasonably available control measure (RACM)
analysis for the New York portion of the New York-Northern New Jersey-
Long Island, NY-NJ-CT 8-hour ozone moderate nonattainment area as
presented in the February 8, 2008 ``New York SIP for Ozone--Attainment
Demonstration for New York Metro Area'' submittal is conditionally
approved.
(l)(1) The following State Implementation Plan (SIP) elements are
approved: The 2002 base year emissions inventory, the 2008 projection
year emissions inventories, the 2008 motor vehicle emissions budgets
used for planning purposes, the 2008 ozone reasonable further progress
(RFP) plan, and the 2008 RFP Plan contingency measures as they apply to
the New York portion of the New York-Northern New Jersey-Long Island,
NY-NJ-CT 8-hour ozone moderate nonattainment area. These elements are
included in the package entitled ``New York SIP for Ozone-Attainment
Demonstration for New York Metro Area,'' dated February 8, 2008 and
supplemented on December 28, 2009 and January 26, 2011.
(2) The following SIP elements are approved: The 2002 base year
emissions inventory for the Poughkeepsie 8-hour ozone moderate
nonattainment area and the state-wide 2002 base year emissions
inventory. These elements are included in a package entitled, ``New York
SIP for Ozone-Attainment Demonstration for Poughkeepsie, NY Area,''
dated February 8, 2008 and supplemented on December 28, 2009 and January
26, 2011.
(m)(1) The 1997 8-hour ozone attainment demonstration for the New
York portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT
nonattainment area included in New York's February 8, 2008 State
Implementation Plan revision is approved and satisfies the requirements
of section 182(c)(2)(A) of the Clean Air Act.
(2) The 1997 8-hour ozone attainment demonstration for the
Poughkeepsie

[[Page 547]]

nonattainment area included in New York's February 8, 2008 State
Implementation Plan revision is approved and satisfies the requirements
of section 182(c)(2)(A) of the Clean Air Act.

[56 FR 41463, Aug. 21, 1991]

Editorial Note: For Federal Register citations affecting Sec.
52.1683, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.

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

(a)(1) The owner and operator of each source and each unit located
in the State of New York and Indian country within the borders of the
State and for which requirements are set forth under the TR
NOX Annual Trading Program in subpart AAAAA of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to New York's State Implementation Plan
(SIP) as correcting in part the SIP's deficiency that is the basis for
the TR Federal Implementation Plan under Sec. 52.38(a), except to the
extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in Indian country within the borders of the State will not
be eliminated by the promulgation of an approval by the Administrator of
a revision to New York's SIP.
(2) Notwithstanding the provisions of paragraph (a)(1) of this
section, if, at the time of the approval of New York's SIP revision
described in paragraph (a)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Annual
allowances under subpart AAAAA of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
AAAAA of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR NOX Annual
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.
(b)(1) The owner and operator of each source and each unit located
in the State of New York and Indian country within the borders of the
State and for which requirements are set forth under the TR
NOX Ozone Season Trading Program in subpart BBBBB of part 97
of this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to New York's State Implementation Plan
(SIP) as correcting in part the SIP's deficiency that is the basis for
the TR Federal Implementation Plan under Sec. 52.38(b), except to the
extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in Indian country within the borders of the State will not
be eliminated by the promulgation of an approval by the Administrator of
a revision to New York's SIP.
(2) Notwithstanding the provisions of paragraph (b)(1) of this
section, if, at the time of the approval of New York's SIP revision
described in paragraph (b)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Ozone
Season allowances under subpart BBBBB of part 97 of this chapter to
units in the State for a control period in any year, the provisions of
subpart BBBBB of part 97 of this chapter authorizing the Administrator
to complete the allocation and recordation of TR NOX Ozone
Season allowances to units in the State for each such control period
shall continue to apply, unless provided otherwise by such approval of
the State's SIP revision.

[76 FR 48370, Aug. 8, 2011]

Sec. 52.1685 Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

(a) The owner and operator of each source and each unit located in
the State of New York and Indian country within the borders of the State
and for which requirements are set forth under

[[Page 548]]

the TR SO2 Group 1 Trading Program in subpart CCCCC of part
97 of this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to New York's State Implementation Plan
(SIP) as correcting in part the SIP's deficiency that is the basis for
the TR Federal Implementation Plan under Sec. 52.39, except to the
extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in Indian country within the borders of the State will not
be eliminated by the promulgation of an approval by the Administrator of
a revision to New York's SIP.
(b) Notwithstanding the provisions of paragraph (a) of this section,
if, at the time of the approval of New York's SIP revision described in
paragraph (a) of this section, the Administrator has already started
recording any allocations of TR SO2 Group 1 allowances under
subpart CCCCC of part 97 of this chapter to units in the State for a
control period in any year, the provisions of subpart CCCCC of part 97
of this chapter authorizing the Administrator to complete the allocation
and recordation of TR SO2 Group 1 allowances to units in the
State for each such control period shall continue to apply, unless
provided otherwise by such approval of the State's SIP revision.

[76 FR 48371, Aug. 8, 2011]

Sec. 52.1686 Federal Implementation Plan for Regional Haze.

(a) Applicability. This section applies to each owner and operator
of the following electric generating units (EGUs) in the State of New
York: Danskammer Generating Station, Unit 4; and Roseton Generating
Station, Units 1 and 2;
(b) Definitions. Terms not defined below shall have the meaning
given them in the Clean Air Act or EPA's regulations implementing the
Clean Air Act. For purposes of this section:
Boiler operating day means a 24-hour period between 12 midnight and
the following midnight during which any fuel is combusted at any time in
the EGU, boiler or emission unit. It is not necessary for fuel to be
combusted for the entire 24-hour period.
Continuous emission monitoring system or CEMS means the equipment
required by this section to sample, analyze, measure, and provide, by
means of readings recorded at least once every 15 minutes (using an
automated data acquisition and handling system (DAHS)), a permanent
record of SO2, NOX, and PM emissions, other
pollutant emissions, diluent, or stack gas volumetric flow rate.
SO2 means sulfur dioxide.
NOX means nitrogen oxides.
PM means particulate matter
Owner/operator means any person who owns, leases, operates,
controls, or supervises an EGU or boiler identified in paragraph (a) of
this section.
Ozone Season means the time period from May 1 through September 30
of each year.
Unit means any of the EGUs or boilers identified in paragraph (a) of
this section.
(c) Emissions limitations(1) The owners/operators subject to this
section shall not emit or cause to be emitted SO2,
NOX, and PM in excess of the following limitations, averaged
over a rolling 30-day period unless otherwise indicated below:

----------------------------------------------------------------------------------------------------------------
BART controls/limits
Facilities BART unit --------------------------------------------------------------
NOX SO2 PM
----------------------------------------------------------------------------------------------------------------
Danskammer Generating Station-- 4 0.12 lb/MMBtu 24 hr 0.09 lb/MMBtu 24 hr 0.06 lb/MMBtu 1 hr
Dynegy. avg ozone season, avg Compliance 7/1/ avg Compliance 7/1/
30 day avg rest of 2014. 2014.
yr Compliance 7/1/
2014.
Roseton Generating Station-- 1 & 2 ................... 0.55 lb/MMBtu 24 hr ...................
Dynegy. avg.
----------------------------------------------------------------------------------------------------------------

[[Page 549]]

(2) These emission limitations shall apply at all times, including
startups, shutdowns, emergencies, and malfunctions.
(d) Compliance date. The owners and operators subject to this
section shall comply with the emissions limitations and other
requirements of this section by January 1, 2014 unless otherwise
indicated in paragraph (c) of this section.
(e) Compliance determination using CEMS(1) CEMS. At all times after
the compliance date specified in paragraph (d) of this section, the
owner/operator of each unit shall maintain, calibrate, and operate a
CEMS, in full compliance with the requirements found at 40 CFR part 75,
to accurately measure SO2, NOX, and PM, diluent,
and stack gas volumetric flow rate from each unit. The CEMS shall be
used to determine compliance with the emission limitations in paragraph
(c) of this section for each unit.
(2) Method. (i) For any hour in which fuel is combusted in a unit,
the owner/operator of each unit shall calculate the hourly average
SO2, NOX, and PM concentration in lb/MMBtu at the
CEMS in accordance with the requirements of 40 CFR part 75. At the end
of each boiler operating day, the owner/operator shall calculate and
record a new average emission rate, consistent with paragraph (c)
averaging period, in lb/MMBtu from the arithmetic average of all valid
hourly emission rates from the CEMS for the current boiler operating
day.
(ii) An hourly average SO2, NOX, or PM
emission rate in lb/MMBtu is valid only if the minimum number of data
points, as specified in 40 CFR part 75, is acquired by the
SO2, NOX, or PM pollutant concentration monitor
and the diluent monitor (O2 or CO2).
(iii) Data reported to meet the requirements of this section shall
not include data substituted using the missing data substitution
procedures of subpart D of 40 CFR part 75, nor shall the data have been
bias adjusted according to the procedures of 40 CFR part 75.
(f) Compliance determination using fuel certification--The owner or
operator of each affected facility subject to a federally enforceable
requirement limiting the fuel sulfur content may use fuel supplier
certification to demonstrate compliance. Records of fuel supplier
certification, as described under paragraphs (f)(1), (2), (3), and (4)
of this section, as applicable, shall be maintained and reports
submitted as required under paragraph (h). In addition to records of
fuel supplier certifications, the report shall include a certified
statement signed by the owner or operator of the affected facility that
the records of fuel supplier certifications submitted represent all of
the fuel combusted during the reporting period.
Fuel supplier certification shall include the following information:
(1) For distillate oil:
(i) The name of the oil supplier;
(ii) A statement from the oil supplier that the oil complies with
the specifications under the definition of distillate oil in Sec.
60.41c; and
(iii) The sulfur content or maximum sulfur content of the oil.
(2) For residual oil:
(i) The name of the oil supplier;
(ii) The location of the oil when the sample was drawn for analysis
to determine the sulfur content of the oil, specifically including
whether the oil was sampled as delivered to the affected facility, or
whether the sample was drawn from oil in storage at the oil supplier's
or oil refiner's facility, or other location;
(iii) The sulfur content of the oil from which the shipment came (or
of the shipment itself); and
(iv) The method used to determine the sulfur content of the oil.
(3) For coal:
(i) The name of the coal supplier;
(ii) The location of the coal when the sample was collected for
analysis to determine the properties of the coal, specifically including
whether the coal was sampled as delivered to the affected facility or
whether the sample was collected from coal in storage at the mine, at a
coal preparation plant, at a coal supplier's facility, or at another
location. The certification shall include the name of the coal mine (and
coal seam), coal storage facility, or coal preparation plant (where the
sample was collected);
(iii) The results of the analysis of the coal from which the
shipment came (or

[[Page 550]]

of the shipment itself) including the sulfur content, moisture content,
ash content, and heat content; and
(iv) The methods used to determine the properties of the coal.
(4) For other fuels:
(i) The name of the supplier of the fuel;
(ii) The potential sulfur emissions rate or maximum potential sulfur
emissions rate of the fuel in nanograms per joule (ng/J) heat input; and
(iii) The method used to determine the potential sulfur emissions
rate of the fuel.
(g) Compliance determination with an annual emission limit--The
owner or operator of each affected facility subject to a federally
enforceable requirement limiting the annual emissions shall calculate
the annual emissions individually for each fuel combusted, as
applicable. The annual emission limitation is determined on a 12-month
rolling average basis with a new annual emission limitation calculated
at the end of the calendar month, unless a different reporting period is
identified in paragraph (c).
(h) Recordkeeping. Owner/operator shall maintain the following
records for at least five years:
(1) All CEMS data, including the date, place, and time of sampling
or measurement; parameters sampled or measured; and results.
(2) All fuel supplier certifications and information identified in
paragraph (f)(1), (2), (3), or (4) of this section, as applicable.
(3) Records of quality assurance and quality control activities for
emissions measuring systems including, but not limited to, any records
required by 40 CFR Part 75.
(4) Records of all major maintenance activities conducted on
emission units, air pollution control equipment, and CEMS.
(5) Any other records required by 40 CFR part 75.
(i) Reporting. All reports under this section shall be submitted to
the Director, Division of Enforcement and Compliance Assistance, U.S.
Environmental Protection Agency, Region 2, 290 Broadway, New York, New
York 10007-1866.
(1) Owner/operator shall submit quarterly excess emissions reports
no later than the 30th day following the end of each calendar quarter.
Excess emissions means emissions that exceed the emissions limits
specified in paragraph (c) of this section. The reports shall include
the magnitude, date(s), and duration of each period of excess emissions,
specific identification of each period of excess emissions that occurs
during startups, shutdowns, and malfunctions of the unit, the nature and
cause of any malfunction (if known), and the corrective action taken or
preventative measures adopted.
(2) Owner/operator shall submit quarterly CEMS performance reports,
to include dates and duration of each period during which the CEMS was
inoperative (except for zero and span adjustments and calibration
checks), reason(s) why the CEMS was inoperative and steps taken to
prevent recurrence, any CEMS repairs or adjustments, and results of any
CEMS performance tests required by 40 CFR part 75 (Relative Accuracy
Test Audits, Relative Accuracy Audits, and Cylinder Gas Audits).
(3) When no excess emissions have occurred or the CEMS has not been
inoperative, repaired, or adjusted during the reporting period, such
information shall be stated in the report.
(4) Owner/operator shall submit semi-annual fuel certification
reports no later than the 30th day following the end of each six month
period.
(5) Owner/operator shall submit an annual emissions limitation
calculation report no later than the 30th day following the end of the
calendar year or quarter if a rolling average is required in paragraph
(c).
(j) Notifications. (1) Owner/operator shall submit notification of
commencement of construction of any equipment which is being constructed
to comply with the emission limits in paragraph (c) of this section.
(2) Owner/operator shall submit semi-annual progress reports on
construction of any such equipment.
(3) Owner/operator shall submit notification of initial startup of
any such equipment.
(k) Equipment operation. At all times, owner/operator shall maintain
each unit, including associated air pollution

[[Page 551]]

control equipment, in a manner consistent with good air pollution
control practices for minimizing emissions.
(l) Credible Evidence. Nothing in this section shall preclude the
use, including the exclusive use, of any credible evidence or
information, relevant to whether a source would have been in compliance
with requirements of this section if the appropriate performance or
compliance test procedures or method had been performed.

[77 FR 51928, Aug. 28, 2012]

Sec. Sec. 52.1687-52.1688 [Reserved]

Sec. 52.1689 Original Identification of plan section.

(a) This section identifies the original ``Air Implementation Plan
for the State of New York'' and all revisions submitted by New York that
were Federally approved prior to January 1, 2011.
(b) The plans were officially submitted on January 31, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Parts 175, 176, 177, 185, 197, and 203 of New York's Code, Rules
and Regulation submitted February 9, 1972, by the Division of Air
Resources, New York State Department of Environmental Conservation.
(2) Part 200 of the New York State Code and Article 9 of the New
York City Code submitted on February 11, 1972, by the Division of Air
Resources, New York State Department of Environmental Conservation.
(3) Part 192 of the New York State Air Pollution Control Code
submitted on February 14, 1972, by the Division of Air Resources, New
York State Department of Environmental Conservation.
(4) Miscellaneous non-regulatory additions to the plan submitted on
March 10, 1972, by the Division of Air Resources, New York State
Department of Environmental Conservation.
(5) Miscellaneous non-regulatory additions to the plan for New York
City submitted on May 19, 1972, by the Governor.
(6) Revisions recodifying regulations 200, 201, 202, 207, 212, 215,
219, 220, 222, 226, and 230 of New York's Code, Rules and Regulations
submitted on May 24, 1972, by the Division of Air Resources, New York
State Department of Environmental Conservation.
(7) Revisions to Parts 204, 205, 214, 217, 223, 225, 227 and 230 of
New York's Code, Rules and Regulations submitted on July 20, 1972, by
the Governor.
(8) Miscellaneous non-regulatory revisions to the plan submitted on
August 3, 1972, by the Division of Air Resources, New York State
Department of Environmental Conservation.
(9) Revision to Part 226 of New York's Code, Rules and Regulations
submitted on February 6, 1973, by the New York State Department of
Environmental Conservation.
(10) Revised air quality data for 1971 and 1972 for the Hudson
Valley AQCR submitted on March 7, 1973, by the New York State Department
of Environmental Conservation.
(11) Revision to the photochemical oxidant and carbon monoxide
control strategy for New Jersey-New York-Connecticut AQCR submitted on
April 17, 1973, by the Governor.
(12) Miscellaneous non-regulatory revisions to the plan submitted on
April 19, 1973, by the Division of Air Resources, New York State
Department of Environmental Conservation.
(13) Revision to the photochemical oxidant control strategy for the
Genesee-Fingerlakes AQCR submitted on April 30, 1973, by the Governor.
(14) Non-regulatory revision to the plan submitted on May 2, 1973,
by the Division of Air Resources, New York State Department of
Environmental Conservation.
(15) Requests for 2-year extension and 18-month extension for
attainment of the photochemical oxidant and carbon monoxide standards in
the New Jersey-New York-Connecticut AQCR submitted on May 16, 1973, by
the Governor.
(16) Miscellaneous non-regulatory revisions to the plan submitted on
May 21, 1973, by the Division of Air Resources, New York State
Department of Environmental Conservation.
(17) Miscellaneous non-regulatory revisions to the plan submitted on
June 11, 1973, by the New York State Department of Environmental
Conservation.
(18) Revisions to Parts 200 and 201 of New York's Codes, Rules and
Regulations submitted on August 15, 1973, by

[[Page 552]]

the New York State Department of Environmental Conservation.
(19) Revision to sulfur oxides control strategy for New Jersey-New
York-Connecticut AQCR submitted on October 26, 1973, by the New York
State Department of Environmental Conservation.
(20) Revision to sulfur oxides control strategy for New Jersey-New
York-Connecticut AQCR submitted on November 27, 1973, by the Governor.
(21) Revision to Part 205 of New York's Code, Rules and Regulations
submitted on February 17, 1974, by the New York State Department of
Environmental Protection.
(22) Revisions to Transportation Control Plan for the Genesee-
Fingerlakes AQCR submitted on April 8, 1974, by the New York State
Department of Environmental Conservation.
(23) AQMA designations were submitted on April 29, 1974, by the New
York State Department of Environmental Conservation.
(24) Revised Part 225 (Fuel Composition and Use) was submitted on
August 29, 1974, by the Commissioner of the New York State Department of
Environmental Conservation.
(25) Additional information on Part 225 revision was submitted on
October 11, 1974, by the New York State Department of Environmental
Conservation.
(26) Additional information on Part 225 revision was submitted on
December 6, 1974, by the New York State Department of Environmental
Conservation.
(27) Part 203 (Indirect Sources of Air Contamination) was submitted
on January 27, 1975, by the New York State Department of Environmental
Conservation.
(28) Additional information on Part 225 revision was submitted on
February 25, 1975, by the New York State Department of Environmental
Conservation.
(29) Additional information on Part 203 was submitted on May 8,
1975, by the New York State Department of Environmental Conservation.
(30) Revisions submitted on March 16, 1976 by the New York State
Department of Environmental Conservation based on special limitations
issued pursuant to Sec. 225.2(c) covering three power plants.
(31) Additional information on special limitations issued pursuant
to Sec. 225.2(c) submitted on March 22, 1976, by the New York State
Department of Environmental Conservation.
(32) Revision to Part 225 submitted on September 20, 1976 and
November 5, 1976 by the New York State Department of Environmental
Conservation which accomplishes the following:
(i) Upon demonstration by a source owner that the use of the higher
sulfur coal will not contribute to the contravention of ambient air
quality standards, coal burning sources of greater than 100 million Btu
per hour heat capacity may be approved for a special limitation under
Sec. 225.2. The previous heat capacity cutoff for requiring a source-
generated demonstration was 250 million Btu per hour.
(ii) The formula contained in Sec. 225.5(a), which determines
sulfur dioxide emissions from the burning of fuel mixtures, is modified
to include gaseous fuels. Process gases are also included in the formula
by the deletion of Sec. 225.5(a)(2), which precluded such inclusion.
(iii) Fuel suppliers are required to furnish fuel sale records upon
request of the State through revision to Sec. 225.7.
(iv) The word ``rated'' is deleted from Sec. Sec. 225.1(a)(1),
225.2 and 225.6 wherever the phrase ``rated total heat input''
previously appeared.
(33) Revision submitted on March 17, 1977, by the New York State
Department of Environmental Conservation which grants a ``special
limitation'' under Part 225. The ``special limitation'' relaxes until
May 31, 1980, the sulfur-in-fuel-oil limitation to 2.8 percent, by
weight, for the Long Island Lighting Co.'s Northport Generating Facility
(Units 1, 2, and 3) and Port Jefferson Generating Facility (Units 3 and
4).
(34) Revision submitted on March 3, 1977, April 5, 1977, and June
16, 1977, by the New York State Department of Environmental Conservation
which grants ``special limitations'' under Part 225. These ``special
limitations'' relax, until December 31, 1979, the sulfur-in-fuel-oil
limitation to 2.8 percent, by weight, for air pollution sources which do
not have a total heat input in excess of 250 million Btu per hour in

[[Page 553]]

parts of the Southern Tier East, Central New York and Champlain Valley
AQCRs.
(35) Revision submitted on February 14, 1977, by the New York State
Department of Environmental Conservation consisting of Section
19.0305(2)(a) of New York State's Environmental Conservation Law (ECL),
as amended by Chapter 760, McKinney's 1975 Session Laws of New York, and
an opinion, dated January 27, 1977, by the Honorable Louis J. Lefkowitz,
Attorney General of the State of New York, interpreting the amended ECL
Section 19-0305(2)(a) and Part 200.2 of Title 6 of the New York State
Official Compilation of Codes, Rules, and Regulations (6 NYCRR 200.2).
This revision provides for adequate State legal authority to ensure for
public availability of air pollutant emission data as required under 40
CFR 51.10(e) and Sec. 51.11(a)(6).
(36) Revision to the New York City Metropolitan Area Transportation
Control Plan eliminating tolls on bridges entirely within the City
(Strategy B-7) is made upon application submitted by the Governor on
October 19, 1977, pursuant to section 110(c)(5) of the Clean Air Act, as
amended.
(37) Revision submitted on August 24, 1977, by the New York State
Department of Environmental Conservation which grants a ``special
limitation'' under Part 225. This ``special limitation'' relaxes, until
May 31, 1980, the sulfur-in-fuel-oil limitation to 2.8 percent, by
weight, for Units 1 through 5 of the Niagara Mohawk Power Corp.'s Oswego
facility in Oswego, N.Y.
(38) Revision submitted on September 22, 1977, by the New York State
Department of Environmental Conservation which grants a ``special
limitation'' under Part 225. This ``special limitation'' relaxes, until
October 31, 1980, the sulfur-in-coal limitation to 2.8 pounds of sulfur
per million Btu, gross heat content, at the Rochester Gas and Electric
Corp.'s Beebee generating station, Unit 12, in Rochester, N.Y.
(39) Revision submitted on May 6, 1977, and August 1, 1977, by the
New York State Department of Environmental Conservation which grants a
``special limitation'' under part 225. Only the part of this ``special
limitation'' which relaxes, until July 31, 1980, the sulfur-in-fuel-oil
limitation to 1 percent sulfur, by weight, at the village of Freeport
plant No. 2 generating facility, units 1 and 2, located in Nassau
County, N.Y., is approved.
(40) A document entitled, ``New York State Air Quality
Implementation Plan--Syracuse Area,'' submitted on March 19, 1979, by
the New York State Department of Environmental Conservation.
(41) A document entitled, ``New York State Air Quality
Implementation Plan--Southern Tier (Binghamton, Elmira-Corning,
Jamestown),'' submitted on April 5, 1979, by the New York State
Department of Environmental Conservation, only insofar as it deals with
attainment of the national ambient air quality standards for particulate
matter.
(42) A document entitled, ``New York State Air Quality
Implementation Plan--Rochester Area,'' submitted on April 5, 1979, by
the New York State Department of Environmental Conservation.
(43) A document entitled, ``New York State Air Quality
Implementation Plan--Capital District and Town of Catskill,'' submitted
on March 19, 1979, by the New York State Department of Environmental
Conservation.
(44) Supplementary submittals of SIP revision information from the
New York State Department of Environmental Conservation, insofar as they
deal with all provisions except those for attainment of particulate
matter standards in the Niagara Frontier Air Quality Control Region,
dated:
(i) May 23, 1979, dealing with new source review and growth tracking
provisions, adoption of proposed regulations, schedule for hydrocarbon
emissions inventory improvements, identification of resources necessary
to carry out the SIP, schedule for development of a public participation
program, schedule for development of transportation planning process
improvements, the need for an 18-month extension for the City of
Syracuse and Village of Solvay, demonstration of control strategy
adequacy for the area addressed by the Capital District and Town of
Catskill plan revision document, compliance schedules for two facilities
in the Hudson Valley Air Quality Control Region,

[[Page 554]]

and development of a local government consultation program in Jamestown,
New York.
(ii) May 31, 1979, dealing with adoption of proposed regulations,
hydrocarbon emission inventory improvements, schedule for development of
transportation planning process improvements, and compliance schedules
for two facilities in the Hudson Valley Air Quality Control Region.
(iii) June 12, 1979, providing a final draft of the proposed
regulations, information on the compliance schedule for a facility in
the Hudson Valley Air Quality Control Region, and general information on
development of compliance schedules. The proposed regulations to be
incorporated in Title 6 of the New York Code of Rules and Regulations
are as follows:
(A) Part 200, General Provisions (revision);
(B) Part 211, General Prohibitions (revision);
(C) Part 212, Process and Exhaust and/or Ventilation Systems
(revision);
(D) Part 223, Petroleum Refineries (revision);
(E) Part 226, Solvent Metal Cleaning Processes (new);
(F) Part 228, Surface Coating Processes (new);
(G) Part 229, Gasoline Storage and Transfer (new); and
(H) Part 231, Major Facilities.
(iv) June 18, 1979, dealing with new source review provisions,
general information on development of compliance schedules, and adoption
of proposed regulations.
(v) August 10, 1979, providing a comprehensive set of adopted
regulations.
(vi) September 26, 1979, providing additional information regarding
the EPA notice of proposed rulemaking (44 FR 44556, July 30, 1979) which
deals with the adoption of regulations for control of volatile organic
compound sources for source categories addressed by Control Technology
Guideline documents issued subsequent to December 1977, regulatory
revisions to 6 NYCRR Parts 211 and 229, the transportation planning
process, emissions inventory improvements, new source review procedures,
public participation and local government consultation programs, and
adoption of regulations.
(vii) October 1, 1979, dealing with new source review procedures.
(viii) November 13, 1979, providing a ``declaratory ruling''
regarding interpretation of the provisions of 6 NYCRR Part 231 in
implementing the new source review program.
(ix) November 14, 1979, providing supplemental documentation on the
administrative process of revising regulations.
(x) February 20, 1980, dealing with public hearings to revise Parts
229 and 231 of 6 NYCRR consistent with corrective action indicated by
EPA.
(45) Revision submitted on October 24, 1979, by the New York State
Department of Environmental Conservation which grants a ``special
limitation'' under Part 225. This ``special limitation'' relaxes, until
(three years from the date of publication), the sulfur in fuel oil
limitation to 1.0 percent, by weight, for the Long Island Lighting
Company's Glenwood Generating Station (Units 4 and 5), and 1.54 percent,
by weight, for its E. F. Barrett Generating Station (Units 1 and 2).
(46) Five documents entitled: (i) Volume I--New York State Air
Quality Implementation Plan for Control of Carbon Monoxide and
Hydrocarbons in the New York City Metropolitan Area;
(ii) Volume II--Detailed Descriptions of Reasonably Available
Control Measures;
(iii) Volume III--Air Quality and Emission Inventory;
(iv) Volume IV--Public Participation;
(v) Total Suspended Particulates Secondary Standard: New York City
Extension Request;

submitted on May 24, 1979, by the New York State Department of
Environmental Conservation.
(47) A document entitled, ``New York State Air Quality
Implementation Plan--Statewide Summary and Program,'' submitted on
September 10, 1979, by the New York State Department of Environmental
Conservation.
(48) Supplementary submittals of information from the New York State
Department of Environmental Conservation regarding the New Jersey-New
York-Connecticut Air Quality Control Region SIP revisions, dated:

[[Page 555]]

(i) June 26, 1979, dealing with control of storage tanks at gasoline
stations in Nassau, Rockland, Suffolk, and Westchester Counties.
(ii) July 30, 1979, dealing with new source review provisions for
major sources of volatile organic compounds.
(iii) August 20, 1979, providing a commitment to meet ``annual
reporting requirements.''
(iv) January 11, 1980, dealing with changes to the State's schedule
for implementing a light duty vehicle inspection and maintenance
program.
(v) March 12, 1980, providing a memorandum of understanding among
the New York State Department of Environmental Conservation, New York
State Department of Transportation, and the Tri-State Regional Planning
Commission.
(49) Supplementary submittals of information from the Governor's
Office regarding the New Jersey-New York-Connecticut Air Quality Control
Region SIP revision, dated:
(i) August 6, 1979, dealing with the status of efforts to develop
necessary legislation for implementing a light duty vehicle inspection
and maintenance program.
(ii) November 5, 1979, providing the State's legal authority and a
schedule for implementing a light duty vehicle inspection and
maintenance program.
(iii) February 6, 1980, committing to providing additional
information on systematic studies of transportation measures, committing
to clarification of SIP commitments, and providing additional
information on the State's light duty vehicle inspection and maintenance
program.
(50) Supplementary information, submitted by the New York State
Department of Transportation on October 17, 1979, providing
clarification to ``reasonably available control measures'' commitments
contained in the New Jersey-New York-Connecticut Air Quality Control
Region SIP revision.
(51) Revision submitted on January 29, 1980, by the New York State
Department of Environmental Conservation which grants a ``special
limitation'' under 6 NYCRR Part 225. This ``special limitation''
relaxes, until [three years from the date of publication], the sulfur-
in-fuel-oil limitation to 0.60 percent, by weight, for Orange and
Rockland Utilities', Inc. Bowline Point Generating Station, units 1 and
2, Haverstraw, New York.
(52) Revisions to Parts 229 and 231 of Title 6, New York Code of
Rules and Regulations, submitted on May 1, 1980, by the New York State
Department of Environmental Conservation.
(53) Revision submitted on November 29, 1980, by the New York State
Department of Environmental Conservation which grants a ``special
limitation'' under 6 NYCRR Part 225. This ``special limitation''
relaxes, until one year from [the date of publication], the sulfur-in-
fuel-oil limitation to 1.5 percent, by weight, for the Consolidated
Edison Company of New York, Inc. Arthur Kill generating facility, units
2 and 3, Staten Island, New York and Ravenswood generating facility,
unit 3, Queens, New York.
(54) A document entitled, ``New York State Air Quality
Implementation Plan--Niagara Frontier, Erie and Niagara Counties,''
submitted on May 31, 1979, by the New York State Department of
Environmental Conservation. The administrative orders for Bethlehem
Steel Corporation, referenced by this document, are not being
incorporated as part of the plan.
(55) A supplemental submittal, dated May 21, 1980, from the New York
State Department of Environmental Conservation which includes three
listings of permanent projects, demonstration projects and
transportation related studies committed to in the non-public transit
portion of the plan for the New York City metropolitan area.
(56) Revision submitted on October 31, 1979, and supplemented on
April 28, 1980, and May 20, 1980, by the New York State Department of
Environmental Conservation which grants a ``special limitation'' under 6
NYCRR Part 225. This ``special limitation'' relaxes to 2.8 percent, by
weight, until December 31, 1982, the sulfur-in-fuel-oil limitation
applicable to fuel burning sources which have a capacity less than 250
million BTU per hour and which are located in:
(i) The Southern Tier East Air Quality Control Region (AQCR), with
the exception of all sources in Broome County;

[[Page 556]]

(ii) The Central New York AQCR, with the exception of the Oswego
Facilities Trust Company in Oswego County and all sources in Onondaga
County;
(iii) The Champlain Valley (Northern) AQCR, with the exception of
all sources in the City of Glens Falls and sources in the Town of
Queensbury which have a total heat input greater than 100 million BTU
per hour.
(57) A supplemental submittal, dated July 2, 1980, from the New York
State Department of Environmental Conservation which included criteria
and procedures for making assessments of the consistency and conformity
of the outputs of the transportation planning process with the SIP.
(58) Revision submitted on September 17, 1980, by the New York State
Department of Environmental Conservation which grants a ``special
limitation'' under 6 NYCRR Part 225. This ``special limitation'' relaxes
to 2.8 percent, by weight, until three years from March 19, 1981, the
sulfur-in-fuel oil limitation applicable to unit 5 of Niagara Mohawk
Power Corporation's Oswego generating facility, located in Oswego
County.
(59) Supplemental information to ``New York State Air Quality
Implementation Plan--Statewide Summary and Program,'' June 1979,
submitted on December 18, 1980, by the New York State Department of
Environmental Conservation dealing with provisions which commit the
State to meet the subpart C requirements of 40 CFR part 58 pertaining to
State and Local Air Monitoring Stations (SLAMS) including the air
quality assurance requirements of Appendix A, the monitoring
methodologies of Appendix C, the network design criteria of Appendix D
and the probe siting criteria of Appendix E.
(60) A supplemental submittal, dated July 28, 1980, from the New
York State Department of Environmental Conservation which includes:

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

(61) A supplemental submittal entitled ``New York State Air Quality
Implementation Plan, the Moynihan/Holtzman Amendment Submission: Transit
Improvements in the New York City Metropolitan Area, May 1979,''
submitted on May 24, 1979, by the New York State Department of
Environmental Conservation.
(62) [Reserved]
(63) Revision submitted on April 29, 1980, by the New York State
Department of Environmental Conservation which grants a ``special
limitation'' establishing, until three years from September 24, 1981, a
sulfur-in-fuel-oil limitation of 2.8 percent, by weight, for the Long
Island Lighting Company's Northport generating facility, units 1, 2 and
3 and the Port Jefferson generating facility, units 3 and 4.
(64) Revision submitted on August 7, 1981, by the New York State
Department of Environmental Conservation which grants a ``special
limitation'' to relax to 1.5 percent, by weight, for up to two years
from February 22, 1982, the sulfur-in-fuel-oil limitation applicable to
units 2 and 3 of Consolidated Edison of New York State, Inc.'s Arthur
Kill generating facility and to unit 3 of its Ravenswood generating
facility, all located in New York City.
(65) Revision submitted on January 8, 1982, by the New York State
Department of Environmental Conservation which grants a ``special
limitation'' to relax to 2.8 percent, by weight, for up to three years
from March 5, 1982, the sulfur-in-fuel-oil limitation applicable to the
General Electric Company's Rotterdam Steam Generating Facility located
in Schenectady, New York.
(66) Revision submitted on July 9, 1982, by the New York State
Department of Environmental Conservation

[[Page 557]]

which grants a ``special limitation'' allowing the New York State Office
of Mental Health's Kings Park Psychiatric Facility to burn coal with a
maximum sulfur content of 2.2 pounds of sulfur per million Btu gross
heat content, for up to three years from August 11, 1982.
(67) A March 23, 1981, letter from the New York State Department of
Environmental Conservation including an interim policy memorandum
detailing procedures to be used by the State to determine compliance
with the State's emission standard for coke oven gas.
(68) Regulatory information submitted by New York State Department
of Environmental Conservation for controlling volatile organic
compounds, dated:
(i) July 2, 1981, providing a comprehensive set of adopted
regulations.
(ii) August 19, 1981, Consent Order, 81-36, 9-04.20, with Dunlop
Tire and Rubber Corporation for control of volatile organic compounds.
(A) Amendment of Consent Order dated January 29, 1982.
(B) Amendment of Consent Order dated March 3, 1982.
(iii) July 25, 1983, providing final regulations to be incorporated
into Title 6 of the New York Code of Rules and Regulations.
(iv) November 13, 1981, letter from Harry Hovey, Director of Air
Division, New York State Department of Environmental Conservation
concerning applicability of regulations in redesignated AQCR's.
(v) April 27, 1983, letter from Harry Hovey, Director of Air
Division, New York State Department of Environmental Conservation
concerning maximum operating heat input.
(69) State Implementation Plan revision dated February 15, 1984,
from the Department of Environmental Conservation consisting of changes
to New York State Department of Motor Vehicles monitoring and
enforcement procedures for motor vehicle emission inspection stations.
(70) A State Implementation Plan for attainment of the lead (Pb)
standards was submitted on September 21, 1983. Additional information
was submitted in a letter dated February 16, 1984. These submittals
included the following:
(i) Revision to Part 225 of Title 6, Official Compilation of Codes,
Rules and Regulations of the State of New York.
(ii) Revision to Part 231 of Title 6, Official Compilation of Rules
and Regulations of the State of New York.
(iii) Air Guide-14, ``Process Sources Which Emit Lead or Lead
Compounds.''
(iv) Air Guide-17, ``Trade and Use of Waste Fuel for Energy Recovery
Purposes.''
(71) Revision submitted on August 21, 1984, by the New York State
Department of Environmental Conservation which grants a ``special
limitation'' establishing, until September 24, 1986, from December 20,
1984, a maximum sulfur-in-fuel-oil limitation of 2.8 percent, by weight,
and from September 25, 1986 until December 31, 1987, a sulfur-in-fuel-
oil limitation of 2.0 percent, by weight, for the Long Island Lighting
Company's Northport generating facility, units 1, 2 and 3, and the Port
Jefferson generating facility, units 3 and 4.
(72) Revisions to the New York State Implementation Plan for
attainment and maintenance of the ozone and carbon monoxide standards in
the New York City metropolitan area submitted on July 1, 1982, August 3,
1982, July 25, 1983, February 7, 15, 17, 1984, and October 1, 17, 1984,
November 30, 1984, January 4, and 30, 1985, and March 6, 1985, by the
Governor of New York State and by the New York State Department of
Environmental Conservation.
(73) Revision to the New York State Implementation Plan submitted by
the New York State Department of Environmental Conservation on June 7
and October 14, 1982, to allow Orange and Rockland Utilities, Inc. to
reconvert its Lovett Generating Station in Stony Point from oil to coal.
This action grants the utility a ``special limitation'' under Part 225
to relax the existing emission limit for coal burning from 0.4 pounds of
sulfur dioxide per million British thermal units (1b/MMBtu) to 1.0 lb/
MMBtu for units 4 and 5 if both are operated on coal, or to 1.5 lb/MMBtu
for one unit if the other is operated on fuel oil, natural gas, or

[[Page 558]]

is not operated. A letter dated September 5, 1984, from Orange and
Rockland Utilities, Inc., committing to meet the terms and conditions of
EPA's August 30, 1984, letter.
(74) Regulatory information submitted by New York State Department
of Environmental Conservation for controlling various pollutants and
establishing continuous emission monitoring requirements for sulfuric
and nitric acid plants, dated December 27, 1984, providing adopted
revisions to regulations Parts 201, 212, 223 and 224.
(75) A revision to the New York State Implementation Plan for
attainment and maintenance of the ozone standards was submitted on
January 2, 1986, by the New York State Department of Environmental
Conservation.
(i) Incorporation by reference.
(A) Part 217, ``Emissions from Motor Vehicles Propelled by Gasoline
Engines,'' effective January 29, 1986.
(76) [Reserved]
(77) Revisions to the State Implementation Plan submitted by New
York State Department of Environmental Conservation for controlling
volatile organic compounds.
(i) Incorporation by reference. Adopted regulations Parts 200, 229,
and 230, submitted on March 15, 1985.
(ii) Additional material.
(A) Letters dated December 31, 1984, and March 15, 1985, concerning
SIP commitments for ``Reevaluation of RACT,'' and ``Controls at Major
Facilities,'' respectively.
(B) Letters dated November 2, 1984, and April 3, 1987, concerning
the manufacture of high-density polyethylene, polypropylene, and
polystrene resins.
(78) A revision to the New York State Implementation Plan was
submitted on November 6, 1987, and February 17, 1988, by the New York
State Department of Environmental Conservation.
(i) Incorporation by reference.
(A) Operating Permit number A551800097900017 for Polychrome
Corporation effective January 29, 1988, submitted by the New York State
Department of Environmental Conservation.
(ii) Additional material.
(79) Revisions to the New York State Implementation Plan (SIP) for
ozone submitted on January 31, 1989, and March 13, 1989, by the New York
State Department of Environmental Conservation (NYSDEC) for its state
gasoline volatility control program, including any waivers under the
program that New York may grant. In 1989, the control period will begin
on June 30.
(i) Incorporation by reference. Subpart 225-3 of Title 6 of the
Official Compilation of Codes, Rules and Regulations of the State of New
York entitled ``Fuel Composition and Use--Volatile Motor Fuels,''
adopted on December 5, 1988, and effective on January 4, 1989.
(ii) Additional material. April 27, 1989, letter from Thomas
Jorling, NYSDEC, to William Muszynski, EPA Region II.
(80) Revisions to the New York State Implementation Plan (SIP) for
ozone submitted on July 9, 1987, and April 8, 1988, by the New York
State Department of Environmental Conservation (NYSDEC).
(i) Incorporation by reference. Amendments to part 230, title 6 of
the New York Code of Rules and Regulations entitled ``Gasoline
Dispensing Sites and Transport Vehicles,'' adopted on March 2, 1988.
(ii) Additional material.
(A) Explanation of Stage II Applicability Cut-offs, prepared by the
NYSDEC, dated June 20, 1986.
(B) NYSDEC testing procedures for Stage II Vapor Recovery Systems.
(81) [Reserved]
(82) Revisions to the New York State Implementation Plan (SIP) for
total suspended particulates in the Niagara Frontier area, dated January
5, 1987, submitted by the New York State Department of Environmental
Conservation (NYSDEC).
(i) Incorporation by reference.
(A) Part 214 of title 6 of the Official Compilation of Codes, Rules,
and Regulations of the State of New York, entitled ``Byproduct Coke Oven
Batteries,'' adopted on April 23, 1984, and effective May 23, 1984.
(B) Part 216 of title 6 of the Official Compilation of Codes, Rules,
and Regulations of the State of New York, entitled ``Iron And/Or Steel
Processes,'' adopted on April 23, 1984, and effective on May 23, 1984.
(C) Consent Order No. 84-135, dated October 29, 1984, between NYSDEC
and the Bethlehem Steel Corporation.

[[Page 559]]

(D) Consent Order No. 84-131, dated October 18, 1984, between NYSDEC
and the Bethlehem Steel Corporation.
(E) May 24, 1985, letter from Peter J. Burke, NYSDEC, to W.T.
Birmingham, Bethlehem Steel Corporation, revising Consent Order No. 84-
131.
(F) Test procedures for particulate matter source emissions testing
at Bethenergy's Lackawanna Coke Oven Batteries 7, 8, and 9, prepared by
SENES Consultants Limited, dated January 14, 1988.
(ii) Additional material.
(A) January 5, 1987, letter from Harry H. Hovey, Jr., NYSDEC, to
Raymond Werner, EPA, providing an attainment and maintenance
demonstration for TSP in the South Buffalo-Lackawanna area and
requesting its inclusion as part of the TSP SIP for the Niagara
Frontier.
(B) August 21, 1987, letter from Edward Davis, NYSDEC, to William S.
Baker, EPA, responding to July 27, 1987, letter from EPA requesting
additional information needed for the review of Niagara Frontier TSP SIP
request.
(C) June 20, 1988, letter from Edward Davis, NYSDEC, to William S.
Baker, EPA, responding to May 19, 1988, letter from EPA requesting
additional information on test procedures for Bethenergy's Lackawanna
Coke Oven Batteries.
(83) A revision submitted on September 18, 1990, with additional
materials submitted on April 12, 1991, and June 3, 1991, by the New York
State Department of Environmental Conservation that revises the
SO2 emission limit for units 4 and 5 of Orange and Rockland
Utilities' Lovett Generating Station.
(i) Incorporation by reference. Sulfur dioxide emission limits
incorporated into the Certificates to Operate units 4 and 5 of the
Orange and Rockland Utilities' (ORU) Lovett Generating Station issued
April 3, 1991, and the materials which pertain to the SO2
emission limits, monitoring and recordkeeping which are incorporated by
reference into the Certificates to Operate for units 4 & 5. This
includes the following:
(A) The special conditions attached to certificates;
(B) April 13, 1982, Decision of the Commissioner; and
(C) October 14, 1982, Amended Commissioner's Order.
(ii) Additional materials.
(A) Lovett Generating Station Model Evaluation Study, May 1989,
(B) Lovett Generating Station Emission Limitation Study, May 1989,
(C) Review of Orange and Rockland Model Evaluation Study and
Emission Limitation Study for Lovett Facility for Units 4 & 5, January
27, 1990, and
(D) Lovett Generating Station Air Quality and Meteorological
Monitoring Network Quarterly Reports.
(84) A revision to the New York State Implementation Plan (SIP) for
attainment and maintenance of the ozone standard dated January 8, 1992,
submitted by the New York State Department of Environmental
Conservation.
(i) Incorporation by reference.
(A) Amendments to Part 200 of Title 6 of the Official Compilation of
Codes, Rules, and Regulations of the State of New York, entitled
``General Provisions'' adopted on December 3, 1991, and effective
January 16, 1992.
(B) New Part 236 of Title 6 of the Official Compilation of Codes,
Rules, and Regulations of the State of New York, entitled ``Synthetic
Organic Chemical Manufacturing Facility Component Leaks'' adopted on
December 16, 1991, and effective January 16, 1992.
(ii) Additional material.
(A) January 8, 1992, letter from Thomas Allen, to Conrad Simon, EPA,
requesting EPA approval of the amendments to Parts 200 and 236.
(85) Revisions to the New York State Implementation Plan (SIP) for
ozone concerning the control of volatile organic compounds from surface
coating and graphic arts sources, dated October 14, 1988, December 5,
1988, and May 2, 1989, submitted by the New York State Department of
Environmental Conservation (NYSDEC).
(i) Incorporation by reference.
(A) Amendments to Title 6 of the New York Code of Rules and
Regulations (NYCRR) Part 228 ``Surface Coating Processes,'' effective
September 15, 1988, and Part 234 ``Graphic Arts,'' effective September
15, 1988
(ii) Additional material.

[[Page 560]]

(A) May 2, 1989 letter from Thomas C. Jorling, NYSDEC, to Conrad
Simon, EPA, requesting EPA substitute controls in Parts 228 and 234 for
controls committed to be included in Part 212, Processes & Exhaust and/
or Ventilation Systems.
(86) Revision to the state implementation plan for Onondaga County
was submitted by the Governor on November 13, 1992. Revisions include a
maintenance plan which demonstrates continued attainment of the NAAQS
for carbon monoxide through the year 2003.
(i) Incorporation by reference.
(A) Maintenance Plan--Chapter 8 of New York State Implementation
Plan Redesignation Request for Onondaga County as Attainment for Carbon
Monoxide, November 1992.
(ii) Additional information.
(A) New York State Implementation Plan--Redesignation Request for
Onondaga County as Attainment for Carbon Monoxide, November 1992.
(B) January 12, 1993, letter from Thomas M. Allen, NYSDEC to Conrad
Simon, EPA, providing the results of the public hearing on the State's
proposal.
(C) January 12, 1993, letter from Thomas M. Allen, NYSDEC, to Conrad
Simon, EPA, providing documentation of emission inventory submitted on
November 13, 1992.
(D) June 18, 1993, letter from Thomas M. Allen, NYSDEC, to Conrad
Simon, EPA, correcting submitted material.
(87) A revision to the New York State Implementation Plan (SIP) for
attainment and maintenance of the ozone standard dated October 14, 1988,
submitted by the New York State Department of Environmental
Conservation.
(i) Incorporation by reference:
(A) New part 205 of title 6 of the New York Code of Rules and
Regulations of the State of New York, entitled ``Architectural Surface
Coatings,'' effective on September 15, 1988.
(ii) Additional material.
(A) December 5, 1988 letter from Thomas Allen, to Conrad Simon, EPA,
requesting EPA approval of the amendments to part 205.
(88) Revision to the New York State Implementation Plan (SIP) for
ozone, submitting a low emission vehicle program for a portion of the
Clean Fuel Fleet program, dated May 15, 1994 and August 9, 1994
submitted by the New York State Department of Environmental Conservation
(NYSDEC).
(i) Incorporation by reference. Part 218, ``Emission Standards for
Motor Vehicles and Motor Vehicle Engines,'' effective May 28, 1992.
(ii) Additional material.
(A) May 1994 NYSDEC Clean Fuel Fleet Program description.
(89) Revisions to the New York State Implementation Plan (SIP) for
carbon monoxide concerning the control of carbon monoxide from mobile
sources, dated November 13, 1992 and March 21, 1994 submitted by the New
York State Department of Environmental Conservation (NYSDEC).
(i) Incorporation by reference.
(A) Subpart 225-3 of Title 6 of the New York Code of Rules and
Regulations of the State of New York, entitled ``Fuel Composition and
Use--Gasoline,'' effective September 2, 1993 (as limited in section
1679).
(ii) Additional material.
(A) March 21, 1994, Update to the New York Carbon Monoxide SIP.
(90) [Reserved]
(91) Revisions to the State Implementation Plan submitted by the New
York State Department of Environmental Conservation on February 22,
1996, June 21, 1996 and June 25, 1996.
(i) Incorporation by reference.
(A) Permits to Construct and/or Certificates to Operate: The
following facilities have been issued permits to construct and/or
certificates to operate by New York State and such permits and/or
certificates are incorporated for the purpose of establishing
NOX emission limits consistent with Subpart 227-2:
(1) Morton International Inc.'s mid-size gas-fired boiler, emission
point 00027, Wyoming County; New York permit approval dated September 1,
1995 and Special Conditions letter dated August 23, 1995.
(2) University of Rochester's two oil fired boilers, emission points
00003 and 00005, Monroe County; New York permit approval dated April 25,
1996 and Special Permit Conditions issued March 19, 1996.

[[Page 561]]

(3) Algonquin Gas Transmission Company's four gas-fired
reciprocating internal combustion engines, emission points R0100, R0200,
R0300, and R0400, Rockland County; New York permit and Special
Conditions approval dated September 23, 1991; New York Special
Conditions documents dated March 18, 1996 for emission points RO100,
RO200, and RO300; and March 29, 1996 for emission point RO400; and
Permit Correction dated August 8, 1996.
(ii) Additional information. Documentation and information to
support NOX RACT alternative emission limits in three letters
addressed to EPA from New York State Department of Environmental
Conservation and dated as follows:
(A) February 22, 1996 letter to Regional Administrator Jeanne Fox
from Commissioner Michael D. Zagata for a SIP revision for Morton
International, Inc.
(B) June 21, 1996 letter to Mr. Conrad Simon, Director of the Air
and Waste Management Division from Deputy Commissioner David Sterman for
a SIP revision for the Algonquin Gas Transmission Company.
(C) June 25, 1996 letter to Mr. Conrad Simon, Director of the Air
and Waste Management Division from Deputy Commissioner David Sterman for
a SIP revision for the University of Rochester.
(92) Revisions to the New York State Implementation Plan (SIP) for
ozone concerning the control of volatile organic compounds from Gasoline
Dispensing Sites and Transport Vehicles, dated July 8, 1994, submitted
by the New York State Department of Environmental Conservation (NYSDEC).
(i) Incorporation by reference:
(A) Amendments to Part 230 of title 6 of the New York Code of Rules
and Regulations of the State of New York, entitled ``Gasoline Dispensing
Sites and Transport Vehicles,'' effective September 22, 1994.
(ii) Additional material:
(A) July 8, 1994, letter from Langdon Marsh, NYSDEC, to Jeanne Fox,
EPA, requesting EPA approval of the amendments to Part 230.
(93) Revisions to the New York State Implementation Plan (SIP) for
ozone concerning the control of volatile organic compounds from
petroleum and volatile organic compound storage and transfer, surface
coating and graphic arts sources, dated March 8, 1993 submitted by the
New York State Department of Environmental Conservation (NYSDEC).
(i) Incorporation by reference:
(A) Amendments to Title 6 of the New York Code of Rules and
Regulations (NYCRR) Part 200 ``General Provisions,'' Part 201 ``Permits
and Certificates,'' Part 228 ``Surface Coating Processes,'' and Part 229
``Petroleum and Volatile Organic Liquid Storage and Transfer,'' Part 233
``Pharmaceutical and Cosmetic Manufacturing Processes,'' and Part 234,
``Graphic Arts,'' effective April 4, 1993.
(94) A revision to the State Implementation Plan submitted by the
New York State Department of Environmental Conservation on April 9, 1996
and supplemented on October 17, 1996 and February 2, 1998 that allows
Niagara Mohawk Power Corporation and Champion International Corporation
to trade emissions to meet the requirements of NOX RACT.
(i) Incorporation by reference:
(A) Permits to Construct and/or Certificates to Operate: The
following facilities have been issued permits to construct and/or
certificates to operate by New York State and such permits and/or
certificates are incorporated for the purpose of establishing an
emission trade to be consistent with Subpart 227-2:
(1) Niagara Mohawk Power Corporation's system-wide utility boilers;
New York special permit conditions and approval letter dated December
14, 1995.
(2) Champion International Corporation's two coal-fired boilers,
Units 1 and 2, Jefferson County; New York special permit conditions and
approval letter dated December 2, 1997.
(ii) Additional information:
(A) Documentation and information to support the emission trade in
three letters addressed to EPA from the New York State Department of
Environmental Conservation and dated as follows:
(1) April 9, 1996 to Mr. Conrad Simon, Director of Air and Waste
Management Division from Deputy Commissioner David Sterman for a SIP
revision for

[[Page 562]]

Niagara Mohawk Power Corporation and Champion International Corporation.
(2) October 17, 1996 letter to Mr. Ted Gardella, EPA from Mr.
Patrick Lentlie, supplementing the SIP revision with the special permit
condition approval letters.
(3) February 2, 1998 letter to Mr. Ronald Borsellino, Chief of the
Air Programs Branch from Mr. Patrick Lentlie, supplementing the SIP
revision with the amended special permit conditions for Champion
International Corporation.
(95) A revision to the State Implementation Plan submitted on April
29, 1999 by the New York State Department of Environmental Conservation
that establishes the NOX Budget Trading Program.
(i) Incorporation by reference:
(A) Regulation Subpart 227-3 of Title 6 of the New York Code of
Rules and Regulations, entitled ``Pre-2003 Nitrogen Oxides Emissions
Budget and Allowance Program'' adopted on January 12, 1999, and
effective on March 5, 1999.
(B) Amendments to Title 6 of the New York Code of Rules and
Regulations, Part 200, ``General Provisions,'' Subpart 227-1,
``Stationary Combustion Installations,'' and Subpart 227-2, ``Reasonably
Available Control Technology (RACT) for Oxides of Nitrogen
(NOX)'' adopted on January 12, 1999, and effective on March
5, 1999.
(ii) Additional information:
(A) Letter from the New York Department of Environmental
Conservation dated April 29, 1999, submitting the NOX Budget
Trading Program as a revision to the New York State Implementation Plan
for ozone.
(B) Guidance for Implementation of Emissions Monitoring Requirements
for the NOX Budget Program, dated January 28, 1997.
(C) NOX Budget Program Monitoring Certification and
Reporting Requirements, dated July 3, 1997.
(D) Electronic Data Reporting, Acid Rain/NOX Budget
Program, dated July 3, 1997.
(96) Revisions to the New York State Implementation Plan (SIP) for
carbon monoxide concerning the oxyfuel program, dated August 30, 1999,
submitted by the New York State Department of Environmental Conservation
(NYSDEC).
(97) Revisions to the State Implementation Plan submitted on January
20, 1994 and April 29, 1999 by the New York State Department of
Environmental Conservation that establishes NOX RACT
requirements Statewide for combustion sources.
(i) Incorporation by reference:
(A) Regulation Subpart 227-2 of Title 6 of the New York Code of
Rules and Regulations, entitled ``Reasonably Available Control
Technology (RACT) for Oxides of Nitrogen (NOX)'' adopted on
January 19, 1994, and effective on February 18, 1994.
(B) Amendments to Subpart 227-2 adopted on January 12, 1999 and
effective on March 5, 1999.
(ii) Additional information
(A) Letters from the New York State Department of Environmental
Department Conservation dated January 20, 1994 and April 29, 1999,
submitting the NOX RACT Regulation and amendments as
revisions to the New York State Implementation Plan for ozone.
(B) Letter from the New York State Department of Environmental
Department Conservation dated April 27, 1999 submitting an analysis of
mass NOX emissions from generic sources throughout the State
as well as resolution of other approvability issues.
(98) [Reserved]
(99) Revisions to the New York State Implementation Plan (SIP) for
the Motor Vehicle Inspection and Maintenance Program, submitted on March
6, 1996, May 24, 1999, October 7, 1999, October 29, 1999, and May 22,
2000 by the New York State Department of Environmental Conservation.
(i) Incorporation by reference. Revision to 6NYCRR Part 217, Motor
Vehicle Emissions, Subparts 217-1, 217-2, and 217-4, that became
effective on May 22, 1997 and revisions to 15NYCRR Part 79, Motor
Vehicle Inspection, Sections 79.1-79.15, 79.17, 79.20, 79.21, 79.24-
79.26, that became effective on June 4, 1997.
(ii) Additional material:
(A) March 6, 1996, submittal of revisions to the enhanced motor
vehicle inspection and maintenance program.
(B) May 24, 1999, submittal of the demonstration of the
effectiveness of

[[Page 563]]

New York's decentralized inspection and maintenance program network.
(C) October 7, 1999, supplemental submittal of the demonstration of
the effectiveness of New York's decentralized inspection and maintenance
program network.
(D) October 29, 1999, letter clarifying October 7, 1999,
supplemental submittal.
(E) May 22, 2000, Instrumentation/Protocol Assessment Pilot Study
analysis of the NYTEST.
(100) Revisions to the State Implementation Plan submitted on April
3, 2000, April 18, 2000 and as supplemented on May 16, 2000 by the New
York State Department of Environmental Conservation that establishes the
NOX Budget Trading Program, a 2007 Statewide NOX
emissions budget, and a commitment by New York to comply with the Sec.
51.122 reporting requirements.
(i) Incorporation by reference:
(A) Regulation Part 204 of Title 6 of the New York Code of Rules and
Regulations, entitled ``NOX Budget Trading Program,'' adopted
on January 18, 2000 and effective on February 25, 2000.
(B) Amendments to Title 6 of the New York Code of Rules and
Regulations, Part 200, ``General Provisions,'' Subpart 227-1,
``Stationary Combustion Installations,'' and Subpart 227-2, ``Reasonably
Available Control Technology (RACT) for Oxides of Nitrogen (
NOX)'' adopted on January 18, 2000 and effective on February
25, 2000.
(ii) Additional material:
(A) Letter from New York State Department of Environmental
Conservation dated April 3, 2000, requesting EPA approval of the
NOX Budget Trading Program as a revision to the New York
State Implementation Plan for ozone.
(B) Letter from New York State Department of Environmental
Conservation dated April 18, 2000, requesting EPA approval of the Oxides
of Nitrogen ( NOX) SIP, entitled ``New York State
Implementation Plan For Ozone; Meeting The Statewide Oxides of Nitrogen
( NOX) Budget Requirements Contained In The NOX
SIP Call (63 FR 57356, October 27, 1998),'' as a revision to the New
York State Implementation Plan for ozone.
(C) Letter from New York State Department of Environmental
Conservation dated May 16, 2000, transmitting supplemental information
to the Oxides of Nitrogen ( NOX) SIP submitted on April 18,
2000.
(101) Revisions to the State Implementation Plan submitted on July
8, 1994 by the New York State Department of Environmental Conservation
that establishes VOC and NOX Reasonably Available Control
Technology requirements statewide for general process emission sources.
(i) Incorporation by reference:
(A) Regulation Part 212 of Title 6 of the New York Code of Rules and
Regulations, entitled ``General Process Emission Sources'' filed on
August 23, 1994 and effective on September 22, 1994.
(ii) Additional information.
(A) Letter from the New York State Department of Environmental
Conservation dated July 8, 1994, submitting the Part 212 Regulation and
amendments as revisions to the New York State Implementation Plan for
ozone.
(B) Letter from the New York State Department of Environmental
Department Conservation dated August 31, 2001 submitting an analysis of
mass NOX emissions from generic sources throughout the State.
(C) Letter from the New York State Department of Environmental
Conservation dated July 11, 2001 affirming that there are no sources
regulated by Parts 214, ``Byproduct Coke Oven Batteries,'' 216, ``Iron
and/or Steel Processes,'' and 220, ``Portland Cement Plants'' in, or
considered in the attainment demonstration for, the New York portion of
the New York-Northern New Jersey-Long Island severe 1-hour ozone
nonattainment area.
(102) Revisions to the State Implementation Plan submitted by the
New York State Department of Environmental Conservation on November 20,
1996 as supplemented on February 24, 1997.
(i) Incorporation by reference:
(A) Permits to Construct/Certificates to Operate: The following
facilities have been issued permits to construct/certificates to operate
and/or special permit conditions by New York State and such permits and/
or certificates

[[Page 564]]

are incorporated for the purpose of establishing NOX emission
limits consistent with Subpart 227-2:
(1) Tenneco Gas Corporation's (also known as Tenneco Gas Pipeline
Company and Tennessee Gas Pipeline Company) eighteen gas-fired
reciprocating internal combustion engines, Erie, Columbia, and Herkimer
Counties; Compressor Station 229 at Eden, NY: permits to
construct and certificates to operate dated August 22, 1995 for emission
points 0001A through 0006A; Compressor Station 254 at Chatham,
NY: permits to construct and certificates to operate dated October 4,
1995 with attached Special Conditions dated September 15, 1995 for
emission points 00001 through 00006; Compressor Station 245 at
West Winfield, NY: Special (Permit) Conditions attached to New York
State's letter dated February 24, 1997 for emission points 00001 through
00006.
(2) [Reserved]
(ii) Additional information--Documentation and information to
support NOX RACT alternative emission limits in two letters
addressed to EPA from New York State Department of Environmental
Conservation and dated as follows:
(1) November 20, 1996 letter to Ms. Kathleen C. Callahan, Director
of the Division of Environmental Planning and Protection from Deputy
Commissioner David Sterman providing a SIP revision for Tenneco Gas
Pipeline Company.
(2) February 24, 1997 letter to Ronald Borsellino, Chief of the Air
Programs Branch from Donald H. Spencer, P.E., providing supplemental
information for Tenneco Gas Pipeline Company's Compressor Station
245.
(103) Revisions to the State Implementation Plan submitted on
December 30, 2002, January 17, 2003, April 30, 2003, September 17, 2003,
and October 27, 2003, by the New York State Department of Environmental
Conservation, which consists of control strategies that will achieve
volatile organic compound emission reductions that will help achieve
attainment of the national ambient air quality standard for ozone.
(i) Incorporation by reference:
(A) Regulations Part 226, ``Solvent Metal Cleaning Processes'' of
Title 6 of the New York Code of Rules and Regulations (NYCRR), filed on
April 7, 2003, and effective on May 7, 2003, Part 228, ``Surface Coating
Processes'' of Title 6 NYCRR, filed on June 23, 2003, and effective on
July 23, 2003, Part 235, ``Consumer Products'' of Title 6 NYCRR, filed
on October 10, 2002, and effective on November 9, 2002, and Part 239,
``Portable Fuel Container Spillage Control'' of Title 6 NYCRR, filed on
October 4, 2002, and effective on November 4, 2002.
(104) Revisions to the State Implementation Plan submitted by the
New York State Department of Environmental Conservation on April 12,
2000, and supplemented on May 12, 2000, May 16, 2000, October 10, 2002,
and February 24, 2003.
(i) Incorporation by reference:
Special Permit Conditions: Special permit conditions issued by New
York State on December 16, 1997, to General Chemical Corporation's
sodium nitrite manufacturing plant, Solvay, Onondaga County, are
incorporated for the purpose of establishing NOX emission
limits consistent with part 212.
(ii) Additional information--Documentation and information to
support NOX RACT facility-specific emission limits in SIP
revision addressed to Regional Administrator Jeanne M. Fox from New York
Deputy Commissioner Carl Johnson:
(A) April 12, 2000, SIP revision,
(B) May 12, 2000, May 16, 2000, October 10, 2002, and February 24,
2003, supplemental information to the SIP revision,
(C) May 7, 2004, commitment letter from New York.
(105) Revisions to the State Implementation Plan submitted on
November 4, 2003 and supplemented on November 21, 2003, by the New York
State Department of Environmental Conservation, which consists of a
control strategy that will achieve volatile organic compound emission
reductions that will help achieve attainment of the national ambient air
quality standard for ozone.
(i) Incorporation by reference:

[[Page 565]]

(A) Regulation Part 205, ``Architectural and Industrial Maintenance
Coatings.'' of title 6 of the New York Code of Rules and Regulations,
filed on October 23, 2003, and effective on November 22, 2003.
(106) Revisions to the State Implementation Plan submitted on
February 18, 2004, by the New York State Department of Environmental
Conservation which consists of control measures that will achieve
reductions in NOX emissions from stationary combustion
sources that will help achieve attainment of the national ambient air
quality standard for ozone.
(i) Incorporation by reference:
(A) Regulation subpart 227-2 ``Reasonably Available Control
Technology (RACT) for Oxides of Nitrogen (NOX)'' of part 227
``Stationary Combustion Installations'' of title 6 of the Official
Compilation of Codes, Rules and Regulations of the State of New York
(6NYCRR), filed on January 12, 2004, and effective on February 11, 2004.
(107) Revisions to the State Implementation Plan submitted on
December 9, 2002, by the New York State Department of Environmental
Conservation which consists of the adoption of California's second
generation Low Emissions Vehicle (LEV) program.
(i) Incorporation by reference.
(A) Regulation part 218 ``Emissions Standards for Motor Vehicles and
Motor Vehicle Engines'' of Title 6 of the Official Compilation of Codes,
Rules and Regulations of the State of New York (6NYCRR), part 218,
subparts 218-1, 218-2, 218-3, 218-5, 218-6, 218-7 and 218-8 filed on
November 28, 2000 and effective on December 28, 2000.
(108) Revisions to the State Implementation Plan submitted on June
22, 2004, by the New York State Department of Environmental
Conservation, which consists of a revision to the carbon monoxide
maintenance plan for Onondaga County.
(i) Incorporation by reference:
(A) Regulation Part 225-3, ``Fuel Composition and Use--Gasoline.''
of Title 6 of the New York Code of Rules and Regulations, filed on
October 5, 2001, and effective on November 4, 2001.
(109) Revisions to the State Implementation Plan submitted on June
16, 1996 and May 27, 2005, by the New York State Department of
Environmental Conservation, which consist of administrative changes to
Title 6 of the New York Code, Rules and Regulations, Part 201, ``Permits
and Certificates.''
(i) Incorporation by reference:
(A) Regulations Subparts 201-7.1, ``General'' and 201-7.2,
``Emission Capping Using Synthetic Minor Permits'' of Part 201-7,
``Federally Enforceable Emission Caps'' of Title 6 of the New York Code
of Rules and Regulations (NYCRR), filed on June 7, 1996, and effective
on July 7, 1996.
(110) Revisions to the State Implementation Plan submitted on July
8, 1994, by the New York State Department of Environmental Conservation
(NYSDEC), which consisted of amendments to Title 6 of the New York
Codes, Rules and Regulations (NYCRR) Parts 214, ``Byproduct Coke Oven
Batteries,'' and 216, ``Iron and/or Steel Processes.''
(i) Incorporation by reference:
(A) Regulations Part 214, ``Byproduct Coke Oven Batteries,'' and
Part 216, ``Iron and/or Steel Processes'' of Title 6 of the New York
Codes, Rules and Regulations (NYCRR), filed on August 23, 1994, and
effective on September 22, 1994.
(ii) Additional information:
(A) Letter from New York State Department of Environmental
Conservation, dated March 1, 2006, identifying the level of
NOX emissions from generic sources located in New York State
that are subject to Parts 214 and 216.
(111) Revisions to the State Implementation Plan submitted on
February 27, 2006, by the New York State Department of Environmental
Conservation, which consist of administrative changes to its motor
vehicle enhanced inspection and maintenance (I/M) program which includes
the adoption of a statewide On-Board Diagnostic (OBD) program.
(i) Incorporation by reference:
(A) Regulation Title 6 of the New York Codes, Rules and Regulations
(NYCRR), Part 217, ``Motor Vehicle Enhanced Inspection and Maintenance
Program Requirements,'' specifically, Subpart 217-1, ``Motor Vehicle
Enhanced Inspection and Maintenance Program Requirements'' and Subpart
217-4, ``Inspection and Maintenance

[[Page 566]]

Program Audits,'' effective on October 30, 2002, and the New York State
Department of Motor Vehicles regulation Title 15 NYCRR Part 79 ``Motor
Vehicle Inspection Regulations,'' specifically, Sections 79.1-79.15,
79.17, 79.20, 79.21, 79.24, and 79.25, effective on May 4, 2005.
(112) Revisions to the State Implementation Plan submitted on July
7, 2006 by the New York State Department of Environmental Conservation
for the purpose of enhancing an existing Emission Statement Program for
stationary sources in New York. The SIP revision consists of amendments
to Title 6 of the New York Codes Rules and Regulations, Chapter III,
Part 202, Subpart 202-2, ``Emission Statements.''
(i) Incorporation by reference:
(A) Part 202, Subpart 202-2, Emission Statements of Title 6 of the
New York Codes, Rules and Regulations, effective on May 29, 2005.
(ii) Additional information:
(A) July 7, 2006, letter from Mr. Carl Johnson, Deputy Commissioner,
OAWM, NYSDEC, to Mr. Alan Steinberg, RA, EPA Region 2, requesting EPA
approval of the amendments to Title 6 of the New York Codes Rules and
Regulations, Chapter III, Part 202, Subpart 202-2, Emission Statements.
(B) April 11, 2007, letter from Mr. David Shaw, Director, Division
of Air Resources, NYSDEC, to Mr. Raymond Werner, Chief, Air Programs
Branch, EPA Region 2.
(113) A revision to the State Implementation Plan that was submitted
on September 17, 2007 by the New York State Department of Environmental
Conservation (NYSDEC). This revision consists of regulations to meet the
requirements of the Clean Air Interstate Rule (CAIR). This revision also
addresses New York's 110(a)(2)(D)(i) obligations to submit a SIP
revision that contains adequate provisions to prohibit air emissions
from adversely affecting another state's air quality through interstate
transport.
(i) Incorporation by reference:
(A) Part 243, CAIR NOX Ozone Season Trading Program, Part
244, CAIR NOX Annual Trading Program, and Part 245, CAIR
SO2 Trading Program, effective on October 19, 2007, of Title
6 of the New York Code of Rules and Regulations (NYCRR).
(B) Notice of Adoption, New York State Clean Air Interstate Rule,
addition of Parts 243, 244 and 245 to Title 6 NYCRR, New York State
Register, dated October 10, 2007, pages 16-22.
(ii) Additional information:
(A) Letter dated September 14, 2007 from Assistant Commissioner J.
Jared Snyder, NYSDEC, to Alan J. Steinberg, RA, EPA Region II,
submitting the SIP revision.
(114) On October 21, 2009 and November 23, 2009, the New York State
Department of Environmental Conservation (NYSDEC), submitted to EPA
proposed revisions to the SIP concerning control strategies which will
result in volatile organic compound emission reductions that will help
achieve attainment of the national ambient air quality standards for
ozone.
(i) Incorporation by reference:
(A) Title 6 of the New York Code of Rules and Regulations, Part 235,
``Consumer Products,'' with an effective date of October 15, 2009 and
Part 239, ``Portable Fuel Container Spillage Control,'' with an
effective date of July 30, 2009.
(ii) Additional information:
(A) Letters dated October 21, 2009 and November 23, 2009 from
Assistant Commissioner J. Jared Snyder, NYSDEC, to George Pavlou, Acting
Regional Administrator, EPA Region 2, submitting the SIP revision for
parts 235 and 239 respectively.
(115) On March 3, 2009, the New York State Department of
Environmental Conservation (NYSDEC), submitted to EPA proposed revisions
to the State Implementation Plan concerning Prevention of Significant
Deterioration (PSD) and nonattainment new source review.
(i) Incorporation by reference:
(A) Letter dated March 3, 2009, from Assistant Commissioner J. Jared
Snyder, NYSDEC, to George Pavlou, Acting Regional Administrator, EPA
Region 2, submitting the revisions for Title 6 of the New York Code of
Rules and Regulations, Part 200, ``General Provisions,'' sections 200.1
and 200.9, Table 1 (Part 231 references); Subpart 201-2.1(b)(21); and
Part 231, which identifies an effective date of March 5, 2009.

[[Page 567]]

(B) Title 6 of the New York Code of Rules and Regulations, Part 200,
``General Provisions,'' sections 200.1 and 200.9, Table 1 (Part 231
references), with an effective date of March 5, 2009, Subpart 201-
2.1(b)(21), definition of ``Major stationary source or major source or
major facility,'' with an effective date of March 5, 2009, and Part 231,
``New Source Review for New and Modified Facilities,'' with an effective
date of March 5, 2009.

[37 FR 10882, May 31, 1972]

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

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

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

[59 FR 34386, July 5, 1994]

Subpart II_North Carolina

Sec. 52.1770 Identification of plan.

(a) Purpose and scope. This section sets forth the applicable State
implementation plan for North Carolina under section 110 of the Clean
Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet national ambient air
quality standards.
(b) Incorporation by reference. (1) Material listed in paragraph (c)
of this section with an EPA approval date prior to December 30, 2004,
for North Carolina (Table 1 of the North Carolina State Implementation
Plan), January 1, 2003, for Forsyth County, North Carolina (Table 2 of
the North Carolina State Implementation Plan) and January 1, 2003, for
Mecklenburg County, North Carolina (Table 3 of the North Carolina State
Implementation Plan), was approved for incorporation by reference by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. Material is incorporated as it exists on the date of the
approval, and notice of any change in the material will be published in
the Federal Register. Entries in paragraphs (c) of this section with EPA
approval dates after December 30, 2004, for North Carolina (Table 1 of
the December 30, 2004, for North Carolina State Implementation Plan),
January 1, 2003, for Forsyth County, North Carolina (Table 2 of the
North Carolina State Implementation Plan) and January 1, 2003, for
Mecklenburg County, North Carolina, (Table 3 of the North Carolina State
Implementation Plan) will be incorporated by reference in the next
update to these SIP compilation notebooks.
(2) EPA Region 4 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated State
rules/regulations which have been approved as part of the State
implementation plan as of the dates referenced in paragraph (b)(1).
(3) Copies of the materials incorporated by reference may be
inspected at the Region 4 EPA Office at 61 Forsyth Street, SW., Atlanta,
GA 30303; the EPA, Air and Radiation Docket and Information Center, Air
Docket (Mail Code 6102T), 1200 Pennsylvania Avenue, NW., Washington, DC
20460 and the National Archives and Records Administration. For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html.
(c) EPA approved regulations.

[[Page 568]]

Table 1--EPA Approved North Carolina Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
Subchapter 2D Air Pollution Control Requirements
----------------------------------------------------------------------------------------------------------------
Section .0100 Definitions and References
----------------------------------------------------------------------------------------------------------------
Sect .0101......... Definitions........... 01/15/98 11/10/99, 64 FR 61213...........
Sect .0103......... Copies of Referenced 12/01/92 08/15/94, 59 FR 41708...........
Federal Regulations.
Sect .0104......... Incorporation by 01/15/98 11/10/99, 64 FR 61213...........
Reference.
Sect .0105......... Mailing List.......... 07/01/02 09/17/03, 68 FR 54362...........
----------------------------------------------------------------------------------------------------------------
Section .0200 Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
Sect .0201......... Classification of Air 04/12/84 10/11/85, 50 FR 41501...........
Pollution Sources.
Sect .0202......... Registration of Air 01/15/98 11/10/99, 64 FR 61213...........
Pollution Sources.
----------------------------------------------------------------------------------------------------------------
Section .0300 Air Pollution Emergencies
----------------------------------------------------------------------------------------------------------------
Sect .0301......... Purpose............... 02/01/76 06/03/86, 51 FR 19834...........
Sect. 0302......... Episode Criteria...... 01/15/98 11/10/99, 64 FR 61213...........
Sect .0303......... Emission Reduction 04/12/84 10/11/85, 50 FR 41501...........
Plans.
Sect .0304......... Preplanned Abatement 04/14/88 12/12/88, 53 FR 49881...........
Program.
Sect .0305......... Emission Reduction 04/12/84 10/11/85, 50 FR 41501...........
Plan--Alert Level.
Sect .0306......... Emission Reduction 04/12/84 10/11/85, 50 FR 41501...........
Plan--Warning Level.
Sect .0307......... Emission Reduction 04/12/84 10/11/85, 50 FR 41501...........
Plan--Emergency Level.
----------------------------------------------------------------------------------------------------------------
Section .0400 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Sect .0401......... Purpose............... 12/01/92 08/15/94, 59 FR 41708...........
Sect .0402......... Sulfur Oxides......... 04/12/84 10/11/85, 50 FR 41501...........
Sect .0403......... Total Suspended 07/01/88 01/16/90, 55 FR 1419............
Particulates.
Sect .0404......... Carbon Monoxide....... 10/01/89 3/12/90, 55 FR 9125.............
Section .0405...... Ozone................. 1/1/2010 5/16/2013, 78 FR 28749..........
Sect .0407......... Nitrogen Dioxide...... 10/01/89 03/12/90, 55 FR 9125............
Section .0408...... Lead.................. 1/1/2010 5/16/2013, 78 FR 28749..........
Sect .0409......... Particulate Matter.... 07/01/88 01/16/90, 55 FR 1419............
Sect .0410......... PM2.5 Particulate 05/01/99 10/22/02, 67 FR 64989...........
Matter.
----------------------------------------------------------------------------------------------------------------
Section .0500 Emission Control Standards
----------------------------------------------------------------------------------------------------------------
Sect .0501......... Compliance with 04/01/01 08/08/02, 67 FR 51461...........
Emission Control
Standards.
Sect .0502......... Purpose............... 03/01/81 07/26/82, 47 FR 32118...........
Sect .0503......... Particulates from Fuel 05/01/99 10/22/02, 67 FR 64989...........
Burning Indirect Heat
Exchangers.
Sect .0504......... Particulates from Wood 07/01/02 12/27/02, 67 FR 78980...........
Burning Indirect Heat
Exchangers.
Sect .0505......... Control of 07/01/87 02/29/88, 53 FR 5974............
Particulates from
Incinerators.
Sect .0506......... Particulates from Hot 03/20/98 11/10/99, 64 FR 61213...........
Mix Asphalt Plants.
Sect .0507......... Particulates from 04/01/03 09/17/03, 68 FR 54362...........
Chemical Fertilizer
Manufacturing Plants.
Sect .0508......... Particulates from Pulp 03/20/98 11/10/99, 64 FR 61213...........
and Paper Mills.
Sect .0509......... Particulates from Mica 04/01/03 09/17/03, 68 FR 54362...........
or Feldspar
Processing Plants.
Sect .0510......... Particulates from 03/20/98 11/10/99, 64 FR 61213...........
Sand, Gravel, or
Crushed Stone
Operations.
Sect .0511......... Particluates from 03/20/98 11/10/99, 64 FR 61213...........
Lightweight Aggregate.
Sect .0512......... Particulates from Wood 11/01/84 12/19/86, 51 FR 45468...........
Products Finishing
Plants.
Sect .0513......... Particulates from 03/20/98 11/10/99, 64 FR 61213...........
Portland Cement
Plants.

[[Page 569]]

Sect .0514......... Particulates from 03/20/98 11/10/99, 64 FR 61213...........
Ferrous Jobbing
Foundries.
Sect .0515......... Particulates from 04/01/03 09/17/03, 68 FR 54362...........
Miscellaneous
Industrial Processes.
Sect .0516......... Sulfur Dioxide 04/01/03 09/17/03, 68 FR 54362...........
Emissions from
Combustion Sources.
Sect .0517......... SO2 Emissions from 11/01/84 12/19/86, 51 FR 45468...........
Plants Producing
Sulfuric Acid.
Sect. 0519......... Control of Nitrogen 1/1/05 8/22/08, 73 FR 49613............
Dioxide and Nitrogen
Oxides.
Sect .0520......... Control and 07/01/96 08/01/97, 62 FR 41277........... Repealed.
Prohibition of Open
Burning.
Sect .0521......... Control of Visible 01/01/05 10/25/05, 70 FR 61556........... Approving changes to
Emissions. Paragraphs (c) and
(d) that reference
new Paragraph (g).
Also, approving
Paragraph (g)
excluding the
following language:
``excluding startups,
shutdowns,
maintenance periods
when fuel is not
being combusted, and
malfunctions approved
as such according to
procedures approved
under Rule .0535 of
this Section.''
Sect .0522......... Control and 02/01/76 06/03/86, 51 FR 19834...........
Prohibition of
Odorous Emissions.
Sect .0523......... Control of Conical 01/01/85 09/09/87, 52 FR 33933...........
Incinerators.
Sect .0527......... Emissions from 11/01/84 12/19/86, 51 FR 45468...........
Spodumene Ore
Roasting.
Sect .0530......... Prevention of 5/1/2008 8/10/2011, 76 FR 49313.......... 15 NCAC .0530
Significant incorporates by
Deterioration. reference the
regulations found at
40 CFR 51.166, with
changes, as of June
13, 2007. This EPA
action is approving
the incorporation by
reference with the
exception of the
phrase ``except
ethanol production
facilities producing
ethanol by natural
fermentation under
the North American
Industry
Classification System
(NAICS) codes 325193
or 312140,'' (as
amended at 40 CFR
51.166(b)(1)(i)(a),
(b)(1)(iii)(t), and
(i)(1)(ii)(t).
Sect .0531......... Sources in 5/1/2008 8/10/2011, 76 FR 49313.......... 15 NCAC .0531
Nonattainment Areas. incorporates by
reference the
regulations found at
40 CFR 51.165, with
changes, as of June
13, 2007. This EPA
action is approving
the incorporation by
reference with the
exception of the
phrase ``except
ethanol production
facilities producing
ethanol by natural
fermentation under
the North American
Industry
Classification System
(NAICS) codes 325193
or 312140,'' (as
amended at 40 CFR
51.165(a)(1)(iv)(C)(2
0) and (a)(4)(xx).
Sect .0532......... Sources Contributing 07/01/94 02/01/96, 61 FR 3584............
to an Ambient
Violation.
Sect .0533......... Stack Height.......... 07/01/94 02/01/96, 61 FR 3584............
Sect .0535......... Excess Emissions 07/01/96 08/01/97, 62 FR 41277...........
Reporting and
Malfunctions.
Sect .0536......... Particulate Emissions 08/01/91 02/14/96, 61 FR 5689............
from Electric Utility
Boilers.
Sect .0540......... Particulates from 03/20/98 11/10/99, 64 FR 61213...........
Fugitive Non-process
Dust Emission Sources.

[[Page 570]]

Sect .0542......... Control of Particulate 07/01/02 12/27/02, 67 FR 78980...........
Emissions from Cotton
Ginning Operations.
Sect .0543......... Best Available 9/6/2006 6/27/2012, 77 FR 38185..........
Retrofit Technology.
Sect .0544......... Prevention of 12/16/10 October 18, 2011, 76 FR 64240...
Significant
Deterioration
Requirements for
Greenhouse Gases.
----------------------------------------------------------------------------------------------------------------
Section .0600 Air Contaminants; Monitoring, Reporting
----------------------------------------------------------------------------------------------------------------
Sect .0601......... Monitoring: 04/01/99 08/08/02, 67 FR 51461...........
Recordkeeping:
Reporting.
Sect .0602......... Definitions........... 04/01/99 08/08/02, 67 FR 51461...........
Sect .0604......... Exceptions to 04/01/99 08/08/02, 67 FR 51461...........
Monitoring and
Reporting
Requirements.
Sect .0605......... General Recordkeeping 11/01/06 10/31/07, 72 FR 61531...........
and Reporting
Requirements.
Sect. 0606......... Sources Covered by 1/1/05 8/22/08, 73 FR 49613............
Appendix P of 40 CFR
part 51.
Sect .0607......... Large Wood and Wood- 04/01/99 08/08/02, 67 FR 51461...........
Fossil Fuel
Combination Units.
Sect. 0608......... Other Large Coal or 1/1/05 8/22/08, 73 FR 49613............
Residual Oil Burners.
Sect .0609......... Monitoring Condition 04/12/84 10/04/85, 50 FR 41501...........
in Permit.
Sect .0610......... Federal Monitoring 04/01/99 08/08/02, 67 FR 51461...........
Requirements.
Sect .0611......... Monitoring Emissions 04/01/99 08/08/02, 67 FR 51461...........
from Other Sources.
Sect .0612......... Alternative Monitoring 04/01/99 08/08/02, 67 FR 51461...........
and Reporting
Procedures.
Sect .0613......... Quality Assurance 04/01/99 08/08/02, 67 FR 51461...........
Program.
Sect .0614......... Compliance Assurance 04/01/99 08/08/02, 67 FR 51461...........
Monitoring.
Sect .0615......... Delegation............ 04/01/99 08/08/02, 67 FR 51461...........
----------------------------------------------------------------------------------------------------------------
Section .0800 Complex Sources
----------------------------------------------------------------------------------------------------------------
Sect .0801......... Purpose and Scope..... 07/01/94 02/01/96, 61 FR 3584............
Sect .0802......... Definitions........... 07/01/94 02/01/96, 61 FR 3584............
Sect .0803......... Highway Projects...... 07/01/94 02/01/96, 61 FR 3584............
Sect .0804......... Airport Facilities.... 07/01/96 08/01/97, 62 FR 41277...........
Sect .0805......... Parking Facilities.... 07/01/96 08/01/97, 62 FR 41277...........
Sect .0806......... Ambient Monitoring and 07/01/94 02/01/96, 61 FR 3584............
Modeling Analysis.
----------------------------------------------------------------------------------------------------------------
Section .0900 Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
Sect .0901......... Definitions........... 1/1/2009 5/9/2013, 78 FR 27067...........
Sect .0902......... Applicability......... 5/1/2013 9/23/2013 78 FR 58186........... This approval does not
include the start-up
shutdown language as
described in Section
II. A. a. of EPA's 3/
13/2013 proposed rule
(78 FR 15895)
Sect .0903......... Recordkeeping: 5/1/2013 7/25/13, 78 FR 44892............
Reporting, Monitoring.
Sect .0905......... Petition for 11/08/84 12/19/86, 51 FR 45468...........
Alternative Controls.
Sect .0906......... Circumvention......... 11/08/84 12/19/86, 51 FR 45468...........
Sect .0907......... Compliance Schedules 11/21/96 10/15/99, 64 FR 55831........... Repealed.
for Sources in
Nonattainment Areas.
Sect .0908......... Equipment Modification 11/08/84 12/19/86, 51 FR 45468...........
Compliance Schedules.
Sect .0909......... Compliance Schedules.. 5/1/2013 9/23/2013, 78 FR 58186..........
Sect .0910......... Alternate Compliance 11/21/96 10/15/99, 64 FR 55831........... Repealed.
Schedules.
Sect .0911......... Exceptions for 11/21/96 10/15/99, 64 FR 55831........... Repealed.
Compliance Schedules.
Sect .0912......... General Provisions on 3/13/2008 5/9/2013, 78 FR 27067...........
Test Methods and
Procedures.
Sect .0913......... Determination of 3/13/2008 5/9/2013, 78 FR 27067........... Repealed.
Volatile Content of
Surface Coatings.
Sect .0914......... Determination of VOC 3/13/2008 5/9/2013, 78 FR 27067........... Repealed.
Emission Control
System Efficiency.
Sect .0915......... Determination of 6/1/2008 5/9/2013, 78 FR 27067........... Repealed.
Solvent Metal
Cleaning VOC
Emissions.

[[Page 571]]

Sect .0916......... Determination: VOC 6/1/2008 5/9/2013, 78 FR 27067........... Repealed.
Emissions From Bulk
Gasoline Terminals.
Sect .0917......... Automobile and Light 9/1/2010 5/9/2013, 78 FR 27067........... Repealed.
Duty Truck
Manufacturing.
Sect .0918......... Can Coating........... 07/01/96 08/01/97, 62 FR 41277...........
Sect .0919......... Coil Coating.......... 07/01/96 08/01/97, 62 FR 41277...........
Sect .0920......... Paper Coatings........ 9/1/2010 5/9/2013, 78 FR 27067........... Repealed.
Sect .0921......... Fabric and Vinyl 9/1/2010 5/9/2013, 78 FR 27067........... Repealed.
Coating.
Sect .0922......... Metal Furniture 9/1/2010 5/9/2013, 78 FR 27067...........
Coating.
Sect .0923......... Surface Coating of 9/1/2010 5/9/2013 , 78 FR 27067..........
Large Appliance Parts.
Sect .0924......... Magnet Wire Coating... 07/01/96 08/01/97, 62 FR 41277...........
Sect .0925......... Petroleum Liquid 12/01/89 06/23/94, 59 FR 32362...........
Storage.
Sect .0926......... Bulk Gasoline Plants.. 07/01/96 08/01/97, 62 FR 41277...........
Sect .0927......... Bulk Gasoline 6/1/2008 5/9/2013, 78 FR 27067...........
Terminals.
Sect .0928......... Gasoline Service 07/01/96 08/01/97, 62 FR 41277 ..........
Stations Stage I.
Sect .0929......... Petroleum Refinery 4/6/2010 5/9/2013, 78 FR 27067........... Repealed--North
Sources. Carolina made a
negative declaration
for VOC emissions
from bulk gasoline
plants on 4/6/2010.
Sect .0930......... Solvent Metal Cleaning 6/1/2008 5/9/2013, 78 FR 27067...........
Sect .0931......... Cutback Asphalt....... 12/01/89 06/23/94, 59 FR 32362...........
Sect .0932......... Gasoline Truck Tanks 11/7/2007 5/9/2013, 78 FR 27067...........
and Vapor Collection
Systems.
Sect .0933......... Petroleum Liquid 8/1/2004 5/9/2013, 78 FR 27067...........
Storage in External
Floating Roof Tanks.
Sect .0934......... Coating of 9/1/2010 5/9/2013, 78 FR 27067........... Repealed.
Miscellaneous Metal
Parts and Products.
Sect .0935......... Factory Surface 9/1/2010 5/9/2013, 78 FR 27067...........
Coating of Flat Wood
Paneling.
Sect .0936......... Graphic Arts.......... 9/1/2010 5/9/2013, 78 FR 27067........... Repealed.
Sect .0937......... Manufacture of 07/01/96 08/01/97, 62 FR 41277...........
Pneumatic Rubber
Tires.
Sect .0938......... Perchloroethylene Dry 03/20/98 11/10/99, 64 FR 61213........... Repealed.
Cleaning System.
Sect .0939......... Determination of 3/13/2008 5/9/2013, 78 FR 27067........... Repealed.
Volatile Organic
Compound Emissions.
Sect .0940......... Determination of Leak 3/13/2008 5/9/2013, 78 FR 27067........... Repealed.
Tightness and Vapor
Leaks.
Sect .0941......... Alternative Method for 3/13/2008 5/9/2013, 78 FR 27067........... Repealed.
Leak Tightness.
Sect .0942......... Determination of 3/13/2008 5/9/2013, 78 FR 27067........... Repealed.
Solvent in Filter
Waste.
Sect .0943......... Synthetic Organic 11/7/2007 5/9/2013, 78 FR 27067...........
Chemical and Polymer
Manufacturing.
Sect .0944......... Manufacture of 03/14/85 11/19/86, 51 FR 41786...........
Polyethylene,
Polypropylene, and
Polystyrene.
Sect .0945......... Petroleum Dry Cleaning 11/7/2007 5/9/2013, 78 FR 27067...........
Sect .0947......... Manufacture of 07/01/94 05/05/95, 60 FR 22284...........
Synthesized
Pharmaceutical
Products.
Sect .0948......... VOC Emissions from 07/01/00 08/27/01, 66 FR 34117...........
Transfer Operations.
Sect .0949......... Storage of 07/01/00 08/27/01, 66 FR 34117...........
Miscellaneous
Volatile Organic
Compounds.
Sect .0951......... RACT for Sources of 5/1/2013 7/25/13, 78 FR 44892............
Volatile Organic
Compounds.
Sect .0952......... Petitions for 9/18/2009 9/23/2013, 78 FR 58186..........
Alternative Controls
for RACT.
Sect .0953......... Vapor Return Piping 9/18/2009 9/23/2013, 78 FR 58186.......... This rule has been
for Stage II Vapor repealed as state
Recovery. effective 9/18/2009.
Sect .0954......... Stage II Vapor 9/18/2009 9/23/2013, 78 FR 58186.......... This rule has been
Recovery. repealed as state
effective 9/18/2009.
Sect .0955......... Thread Bonding 04/01/95 02/01/96, 62 FR 3589............
Manufacturing.
Sect .0956......... Glass Christmas 04/01/95 02/01/96, 62 FR 3589............
Ornament
Manufacturing.
Sect .0957......... Commercial Bakeries... 04/01/95 02/01/96, 62 FR 3589............
Sect .0958......... Work Practices for 07/01/00 08/27/01, 66 FR 34117...........
Sources of Volatile
Organic Compounds.
Sect .0959......... Reserved .............
Sect .0961......... Offset Lithographic 5/1/2013 7/25/13, 78 FR 44892............
Printing and
Letterpress Printing.

[[Page 572]]

Sect .0962......... Industrial Cleaning 5/1/2013 7/25/13, 78 FR 44892............
Solvents.
Sect .0963......... Fiberglass Boat 9/1/2010 5/9/2013, 78 FR 27067...........
Manufacturing.
Sect .0964......... Miscellaneous 9/1/2010 5/9/2013, 78 FR 27067...........
Industrial Adhesives.
Sect .0965......... Flexible Package 9/1/2010 5/9/2013, 78 FR 27067...........
Printing.
Sect .0966......... Paper Film and Foil 9/1/2010 5/9/2013 , 78 FR 27067..........
Coatings.
Sect .0967......... Miscellaneous Metal 9/1/2010 5/9/2013, 78 FR 27067...........
and Plastic Parts
Coatings.
Sect .0968......... Automobile and Light 9/1/2010 5/9/2013, 78 FR 27067...........
Duty Truck Assembly
Coatings.
----------------------------------------------------------------------------------------------------------------
Section .1000 Motor Vehicle Emissions Control Standards
----------------------------------------------------------------------------------------------------------------
Sect .1001......... Purpose............... 07/01/02 10/30/02, 67 FR 66056...........
Sect .1002......... Applicability......... 07/01/02 10/30/02, 67 FR 66056...........
Sect .1003......... Definitions........... 12/01/82 06/02/95, 60 FR 28726...........
Sect .1004......... Emissions Standards... 07/01/02 10/30/02, 67 FR 66056...........
Sect .1005......... Measurement and 07/01/02 10/30/02, 67 FR 66056...........
Enforcement.
----------------------------------------------------------------------------------------------------------------
Section .1300 Oxygenated Gasoline Standard
----------------------------------------------------------------------------------------------------------------
Sect .1301......... Purpose............... 09/01/96 06/19/07, 72 FR 33692...........
Sect .1302......... Applicability......... 09/01/96 06/19/07, 72 FR 33692...........
Sect .1303......... Definitions........... 09/01/92 06/30/94, 59 FR 33683...........
Sect .1304......... Oxygen Content 09/01/96 06/19/07, 72 FR 33692...........
Standard.
Sect .1305......... Measurement and 09/01/92 06/30/94, 59 FR 33683...........
Enforcement.
----------------------------------------------------------------------------------------------------------------
Section .1400 Nitrogen Oxides
----------------------------------------------------------------------------------------------------------------
Sect .1401......... Definitions........... 07/15/02 12/27/02, 67 FR 78987...........
Sect .1402......... Applicability......... 1/1/2010 5/9/2013, 78 FR 27067...........
Sect .1403......... Compliance Schedules.. 7/1/2007 5/9/2013 , 78 FR 27067..........
Sect .1404......... Recordkeeping: 5/1/2004 5/9/2013, 78 FR 27067...........
Reporting: Monitoring.
Sect .1407......... Boilers and Indirect 7/15/2002 5/9/2013, 78 FR 27067...........
Process Heaters.
Sect .1408......... Stationary Combustion 7/15/2002 5/9/2013, 78 FR 27067...........
Turbines.
Sect .1409......... Stationary Internal 3/13/2008 5/9/2013, 78 FR 27067...........
Combustion Turbines.
Sect .1410......... Emissions Averaging... 3/13/2008 5/9/2013, 78 FR 27067...........
Sect .1411......... Seasonal Fuel 3/13/2008 5/9/2013, 78 FR 27067...........
Switching.
Sect .1412......... Petition for 3/13/2008 5/9/2013, 78 FR 27067...........
Alternative
Limitations.
Sect .1415......... Test Methods and 3/13/2008 5/9/2013 , 78 FR 27067..........
Procedures.
Sect .1416......... Emission Allocations 3/13/2008 5/9/2013, 78 FR 27067........... Repealed.
for Utility Companies.
Sect .1417......... Emission Allocations 3/13/2008 5/9/2013, 78 FR 27067........... Repealed.
for Large Combustion
Sources.
Sect .1418......... New Electric 3/13/2008 5/9/2013, 78 FR 27067...........
Generating Units,
Large Boilers, and
Large Internal
Combustion Engines.
Sect .1419......... Nitrogen Oxide Budget 3/13/2008 5/9/2013, 78 FR 27067........... Repealed.
Trading Program.
Sect .1420......... Periodic Review and 3/13/2008 5/9/2013, 78 FR 27067........... Repealed.
Reallocations.
Sect .1421......... Allocations for New 3/13/2008 5/9/2013, 78 FR 27067........... Repealed.
Growth of Major Point
Sources.
Sect .1422......... Compliance Supplement 3/13/2008 5/9/2013, 78 FR 27067........... Repealed.
Pool Credits.
Sect .1423......... Large Internal 07/15/02 12/27/02, 67 FR 78987...........
Combustion Engines.
----------------------------------------------------------------------------------------------------------------
Section .1900 Open Burning
----------------------------------------------------------------------------------------------------------------
Sect .1901......... Purpose, Scope, and 07/01/96 08/01/97, 62 FR 41277...........
Impermissible Open
Burning.
Sect .1902......... Definitions........... 01/15/98 11/10/99, 64 FR 61213...........
Sect .1903......... Permissible Open 01/15/98 11/10/99, 64 FR 61213...........
Burning Without a
Permit.
Sect .1904......... Air Curtain Burners... 07/01/96 08/01/97, 62 FR 41277...........
----------------------------------------------------------------------------------------------------------------

[[Page 573]]

Section .2000 Transportation Conformity
----------------------------------------------------------------------------------------------------------------
Sect .2001......... Purpose, Scope and 04/01/99 12/27/02, 67 FR 78983...........
Applicability.
Sect .2002......... Definitions........... 04/01/99 12/27/02, 67 FR 78983...........
Sect .2003......... Transportation 04/01/99 12/27/02, 67 FR 78983........... Except for the
Conformity incorporation by
Determination. reference of 40 CFR
93.104(e) of the
Transportation
Conformity Rule.
Sect .2004......... Determining 04/01/99 12/27/02, 67 FR 78983...........
Transportation
Related Emissions.
Sect .2005......... Memorandum of 04/01/99 12/27/02, 67 FR 78983...........
Agreement.
----------------------------------------------------------------------------------------------------------------
Section .2400 Clean Air Interstate Rules
----------------------------------------------------------------------------------------------------------------
Sect. 2401......... Purpose and 5/1/08 11/30/09, 74 FR 62496...........
Applicability.
Sect .2402......... Definitions........... 5/1/08 11/30/09, 74 FR 62496...........
Sect 2403.......... Nitrogen Oxide 5/1/08 11/30/09, 74 FR 62496...........
Emissions.
Sect .2404......... Sulfur Dioxide........ 5/1/08 11/30/09, 74 FR 62496...........
Sect .2405......... Nitrogen Oxide 5/1/08 11/30/09, 74 FR 62496...........
Emissions During
Ozone Season.
Sect .2406......... Permitting............ 7/1/06 11/30/09, 74 FR 62496...........
Sect .2407......... Monitoring, Reporting, 5/1/08 11/30/09, 74 FR 62496...........
and Recordkeeping.
Sect .2408......... Trading Program and 7/1/06 11/30/09, 74 FR 62496...........
Banking.
Sect .2409......... Designated 5/1/08 11/30/09, 74 FR 62496...........
Representative.
Sect .2410......... Computation of Time... 7/1/06 11/30/09, 74 FR 62496...........
Sect 2411.......... Opt-In Provisions..... 7/1/06 11/30/09, 74 FR 62496...........
Sect .2412......... New Unit Growth....... 5/1/08 11/30/09, 74 FR 62496...........
Sect .2413......... Periodic Review and 7/1/06 11/30/09, 74 FR 62496...........
Reallocations.
----------------------------------------------------------------------------------------------------------------
Section .2600 Source Testing
----------------------------------------------------------------------------------------------------------------
Sect .2601......... Purpose and Scope..... 3/13/2008 5/9/2013, 78 FR 27067...........
Sect .2602......... General Provisions on 3/13/2008 5/9/2013, 78 FR 27067...........
Test Methods.
Sect .2603......... Testing Protocol...... 3/13/2008 5/9/2013, 78 FR 27067...........
Sect .2604......... Number of Test Points. 3/13/2008 5/9/2013, 78 FR 27067...........
Sect .2605......... Velocity and Volume 3/13/2008 5/9/2013, 78 FR 27067...........
Flow Rate.
Sect .2606......... Molecular Weight...... 3/13/2008 5/9/2013, 78 FR 27067...........
Sect .2607......... Determination of 3/13/2008 5/9/2013, 78 FR 27067...........
Moisture Content.
Sect .2608......... Number of Runs and 3/13/2008 5/9/2013, 78 FR 27067...........
Compliance
Determination.
Sect .2612......... Nitrogen Oxide Testing 3/13/2008 5/9/2013, 78 FR 27067...........
Methods.
Sect .2613......... Volatile Organic 3/13/2008 5/9/2013, 78 FR 27067...........
Compound Testing
Methods.
Sect .2614......... Determination of VOC 3/13/2008 5/9/2013, 78 FR 27067...........
Emission Control
System.
Sect .2615......... Determination of Leak 3/13/2008 5/9/2013, 78 FR 27067...........
Tightness and Vapor
Leaks.
Sect .2621......... Determination of Fuel 3/13/2008 5/9/2013, 78 FR 27067...........
Heat Content Using F-
Factor.
----------------------------------------------------------------------------------------------------------------
Subchapter 2Q Air Quality Permits
----------------------------------------------------------------------------------------------------------------
Section .0100 General Provisions
----------------------------------------------------------------------------------------------------------------
Sect .0101......... Required Air Quality 03/20/98 11/10/99, 64 FR 61213...........
Permits.
Sect. 0102......... Activities Exempted 1/1/05 8/22/08, 73 FR 49613............
from Permit
Requirements.
Sect .0103......... Definitions........... 05/01/99 10/22/02, 67 FR 64989...........
Sect .0104......... Where to Obtain and 07/01/02 12/27/02, 67 FR 78980...........
File Permit
Applications.
Sect .0105......... Copies of Referenced 08/15/94 02/01/96, 61 FR 3584............
Documents.
Sect .0106......... Incorporation by 08/15/94 02/01/96, 61 FR 3584............
Reference.
Sect .0107......... Confidential 05/01/99 10/22/02, 67 FR 64989...........
Information.
Sect .0108......... Delegation of 03/15/98 11/10/99, 64 FR 61213...........
Authority.
Sect .0109......... Compliance Schedule 04/01/01 08/08/02, 67 FR 51461...........
for Previously
Exempted Activities.
Sect .0110......... Retention of Permit at 08/15/94 02/01/96, 61 FR 3584............
Permitted Facility.

[[Page 574]]

Sect .0111......... Applicability 08/15/94 02/01/96, 61 FR 3584............
Determinations.
----------------------------------------------------------------------------------------------------------------
Section .0200 Permit Fees
----------------------------------------------------------------------------------------------------------------
Sect .0207......... Annual Emissions 7/1/07 4/24/2012, 77 FR 24382..........
Reporting.
Section .0300 Construction and Operating Permits
----------------------------------------------------------------------------------------------------------------
Sect .0301......... Applicability......... 07/01/94 07/28/95, 60 FR 38710...........
Sect .0303......... Definitions........... 07/01/94 07/28/95, 60 FR 38710...........
Sect .0304......... Applications.......... 07/01/99 10/22/02, 67 FR 64989...........
Sect .0305......... Application Submittal 07/01/94 07/28/95, 60 FR 38710...........
Content.
Sect .0306......... Permits Requiring 07/01/99 10/22/02, 67 FR 64989...........
Public Participation.
Sect .0307......... Public Participation 01/15/98 11/10/99, 64 FR 61213...........
Procedures.
Sect .0308......... Final Action on Permit 07/01/94 07/28/95, 60 FR 38710...........
Applications.
Sect .0309......... Termination, 07/01/99 10/22/02, 67 FR 64989...........
Modification and
Revocation of Permits.
Sect .0310......... Permitting of Numerous 07/01/94 07/28/95, 60 FR 38710...........
Similar Facilities.
Sect .0311......... Permitting of 07/01/96 08/01/97, 62 FR 41277...........
Facilities at
Multiple Temporary
Sites.
Sect .0312......... Application Processing 03/20/98 11/10/99, 64 FR 61213...........
Schedule.
Sect .0313......... Expedited Application 04/17/97 11/10/99, 64 FR 61213...........
Processing Schedule.
Sect .0314......... General Permitting 07/01/99 10/22/02, 67 FR 64989...........
Requirements.
Sect .0315......... Synthetic Minor 07/01/99 10/22/02, 67 FR 64989...........
Facilities.
Sect .0316......... Administrative Permit 04/01/01 08/08/02, 67 FR 51461...........
Amendments.
Sect .0317......... Avoidance Conditions.. 04/01/01 08/08/02, 67 FR 51461...........
----------------------------------------------------------------------------------------------------------------
Section .0600 Transportation Facility Procedures
----------------------------------------------------------------------------------------------------------------
Sect .0601......... Purpose of Section and 07/01/94 02/01/96, 61 FR 3584............
Requirements for
Permit.
Sect .0602......... Definitions........... 07/01/94 02/01/96, 61 FR 3584............
Sect .0603......... Applications.......... 07/28/97 12/31/98, 63 FR 72193...........
Sect .0604......... Public Participation.. 07/01/94 02/01/96, 61 FR 3584............
Sect .0605......... Final Action on Permit 07/01/94 02/01/96, 61 FR 3584............
Applications.
Sect .0606......... Termination, 07/01/94 02/01/96, 61 FR 3584............
Modification and
Revocation of Permits.
Sect .0607......... Application Processing 04/17/97 11/10/99, 64 FR 61213...........
Schedule.
----------------------------------------------------------------------------------------------------------------
Section .0800 Exclusionary Rules
----------------------------------------------------------------------------------------------------------------
Sect .0801......... Purpose and Scope..... 05/01/99 10/22/02, 67 FR 64989...........
Sect .0802......... Gasoline Servicing 08/01/95 09/20/96, 61 FR 49413...........
Stations and
Dispensing Facilities.
Sect .0803......... Coating, Solvent 05/01/99 10/22/02, 67 FR 64989...........
Cleaning, Graphic
Arts Operations.
Sect .0804......... Dry Cleaning 08/01/95 09/20/96, 61 FR 49414...........
Facilities.
Sect .0805......... Grain Elevators....... 04/01/01 08/08/02, 67 FR 51461...........
Sect .0806......... Cotton Gins........... 04/01/02 08/08/02, 67 FR 51461...........
Sect .0807......... Emergency Generators.. 04/01/02 08/08/02, 67 FR 51461...........
Sect .0808......... Peak Shaving 07/01/99 10/22/02, 67 FR 64989...........
Generators.
----------------------------------------------------------------------------------------------------------------

Table 2--EPA Approved Forsyth County Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
Subchapter 3A Air Pollution Control Requirements
----------------------------------------------------------------------------------------------------------------
Section .0100 In General
----------------------------------------------------------------------------------------------------------------
Sect. .0101........ Department Established 06/14/90 05/02/91, 56 FR 20140...........
Sect. .0102........ Enforcement of Chapter 06/14/90 05/02/91, 56 FR 20140...........
Sect. .0103........ General Powers and 06/14/90 05/02/91, 56 FR 20140...........
Duties of Director.

[[Page 575]]

Sect. .0104........ Authority of Director 06/14/90 05/02/91, 56 FR 20140...........
to Establish
Administrative
Procedures.
Sect. .0105........ Fees for Inspections, 06/14/90 05/02/91, 56 FR 20140...........
Permits, and
Certificates Required
by Chapter.
Sect. .0106........ Penalties for 01/17/97 02/17/00, 65 FR 8053............
Violation of Chapter.
Sect. .0107........ Civil Relief for 06/14/90 05/02/91, 56 FR 20140...........
Violations of Chapter.
Sect. .0108........ Chapter Does Not 06/14/90 05/02/91, 56 FR 20140...........
Prohibit Private
Actions For Relief.
Sect. .0109........ Judicial Review of 06/14/90 05/02/91, 56 FR 20140...........
Administrative
Decisions Rendered
Under Chapter.
Sect. .0111........ Copies of Referenced 06/14/90 05/02/91, 56 FR 20140...........
Federal Regulations.
----------------------------------------------------------------------------------------------------------------
Section .0200 Advisory Board
----------------------------------------------------------------------------------------------------------------
Sect. .0201........ Established; 06/14/90 05/02/91, 56 FR 20140...........
Composition; Terms of
Members.
Sect. .0202........ Secretary............. 06/14/90 05/02/91, 56 FR 20140...........
Sect. .0203........ Meetings.............. 06/14/90 05/02/91, 56 FR 20140...........
Sect. .0204........ To Serve in Advisory 06/14/90 05/02/91, 56 FR 20140...........
Capacity; General
Functions.
Sect. .0205........ Appeals to and Other 06/14/90 05/02/91, 56 FR 20140...........
Appearances Before
Board.
Sect. .0206........ Opinions Not Binding.. 06/14/90 05/02/91, 56 FR 20140...........
----------------------------------------------------------------------------------------------------------------
Section .0300 Remedies for Enforcement of Standards--Special Orders
----------------------------------------------------------------------------------------------------------------
Sect. .0301........ Applicability......... 06/14/90 05/02/91, 56 FR 20140...........
Sect. .0302........ Issuance.............. 06/14/90 05/02/91, 56 FR 20140...........
Sect. .0303........ Definitions........... 06/14/90 05/02/91, 56 FR 20140...........
Sect. 0304......... Categories of Sources. 06/14/90 05/02/91, 56 FR 20140...........
Sect. .0305........ Enforcement Procedures 06/14/90 05/02/91, 56 FR 20140...........
Sect. .0306........ Required Procedures 06/14/90 05/02/91, 56 FR 20140...........
for Issuance of
Special Orders by
Consent and Special
Orders.
Sect. .0307........ Documentation for 06/14/90 05/02/91, 56 FR 20140...........
Special Orders.
Sect. .0308........ Public Hearing........ 06/14/90 05/02/91, 56 FR 20140...........
Sect. .0309........ Compliance Bonds...... 06/14/90 05/02/91, 56 FR 20140...........
----------------------------------------------------------------------------------------------------------------
Section .0400 Forsyth County Air Quality Technical Code
----------------------------------------------------------------------------------------------------------------
Sect. .0401........ Adopted............... 06/14/90 05/02/91, 56 FR 20140...........
----------------------------------------------------------------------------------------------------------------
Subchapter 3B Relationship to State Code
----------------------------------------------------------------------------------------------------------------
Sect. .0101........ In General............ 06/14/90 05/02/91, 56 FR 20140...........
Sect. .0102........ Air Pollution Control 06/14/90 05/02/91, 56 FR 20140...........
Requirements
(Subchapter 3D).
Sect. .0103........ Air Quality Permits 06/14/90 05/02/91, 56 FR 20140...........
(Subchapter 3Q).
----------------------------------------------------------------------------------------------------------------
Subchapter 3D Air Pollution Control Requirements
----------------------------------------------------------------------------------------------------------------
Section .0100 Definitions and References
----------------------------------------------------------------------------------------------------------------
Sect. .0101........ Definitions........... 11/6/98 02/17/00, 65 FR 8093............
Sect. .0103........ Copies Referenced 06/14/90 05/02/91, 56 FR 20140...........
Federal Regulations.
Sect. .0104........ Incorporation by 05/24/99 10/22/02, 67 FR 64994...........
Reference.
----------------------------------------------------------------------------------------------------------------
Section .0200 Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
Sect. .0201........ Classification of Air 06/14/90 05/02/91, 56 FR 20140...........
Pollution Sources.
Sect. .0202........ Registration of Air 06/14/90 05/02/91, 56 FR 20140...........
Pollution Sources.
----------------------------------------------------------------------------------------------------------------

[[Page 576]]

Section .0300 Air Pollution Emergencies
----------------------------------------------------------------------------------------------------------------
Sect. .0301........ Purpose............... 06/14/90 05/02/91, 56 FR 20140...........
Sect. .0302........ Episode Criteria...... 06/14/90 05/02/91, 56 FR 20140...........
Sect. .0303........ Emission Reduction 06/14/90 05/02/91, 56 FR 20140...........
Plans.
Sect. .0304........ Preplanned Abatement 06/14/90 05/02/91, 56 FR 20140...........
Program.
Sect. .0305........ Emission Reduction 06/14/90 05/02/91, 56 FR 20140...........
Plan: Alert Level.
Sect. .0306........ Emission Reduction 06/14/90 05/02/91, 56 FR 20140...........
Plan: Warning Level.
Sect. .0307........ Emission Reduction 06/14/90 05/02/91, 56 FR 20140...........
Plan: Emergency Level.
----------------------------------------------------------------------------------------------------------------
Section .0400 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Sect. .0401........ Purpose............... 06/14/90 05/02/91, 56 FR 20140...........
Sect. .0402........ Sulfur Oxides......... 06/14/90 05/02/91, 56 FR 20140...........
Sect. .0403........ Total Suspended 06/14/90 05/02/91, 56 FR 20140...........
Particulates.
Sect. .0404........ Carbon Monoxide....... 06/14/90 05/02/91, 56 FR 20140...........
Sect. .0405........ Ozone................. 05/24/99 10/22/02, 67 FR 64994...........
Sect. .0407........ Nitrogen Dioxide...... 06/14/90 05/02/91, 56 FR 20140...........
Sect. .0408........ Lead.................. 06/14/90 05/02/91, 56 FR 20140...........
Sect. .0409........ PM 10 Particulate 06/14/90 05/02/91, 56 FR 20140...........
Matter.
Sect. .0410........ PM 2.5 Particulate 05/24/99 10/22/02, 67 FR 64994...........
Matter.
----------------------------------------------------------------------------------------------------------------
Section .0500 Emission Control Standards
----------------------------------------------------------------------------------------------------------------
Sect. .0501........ Compliance With 05/24/99 10/22/02, 67 FR 64994...........
Emission Control
Standards.
Sect. .0502........ Purpose............... 06/14/90 05/02/91, 56 FR 20140...........
Sect. .0503........ Particulates From Fuel 05/24/99 10/22/02, 67 FR 64994...........
Burning Indirect Heat
Exchangers.
Sect. .0504........ Particulates from Wood 07/22/02 9/16/03, 68 FR 54166............ Repealed.
Burning Indirect Heat
Exchangers.
Sect. .0506........ Particulates from Hot 11/6/98 02/17/00, 65 FR 8053............
Mix Asphalt Plants.
Sect. .0507........ Particulates from 11/6/98 02/17/00, 65 FR 20140...........
Chemical Fertilizer
Manufacturing Plants.
Sect. .0508........ Particulates from Pulp 11/6/98 2/17/00, 65 FR 8053.............
and Paper Mills.
Sect. .0509........ Particulates from MICA 11/6/98 2/17/00, 65 FR 8053.............
or FELDSPAR
Processing Plants.
Sect. .0510........ Particulates from 11/6/98 2/17/00, 65 FR 8053.............
Sand, Gravel, or
Crushed Stone
Operations.
Sect. .0511........ Particulates from 11/6/98 2/17/00, 65 FR 8053.............
Lightweight Aggregate
Processes.
Sect. .0512........ Particulates from Wood 11/6/98 2/17/00, 65 FR 8053.............
Products Finishing
Plants.
Sect. .0513........ Particulates From 06/14/90 05/02/91, 56 FR 20140...........
Portland Cement
Plants.
Sect. .0514........ Particulates From 06/14/90 05/02/91, 56 FR 20140...........
Ferrous Jobbing
Foundries.
Sect. .0515........ Particulates from 11/6/98 2/17/00, 65 FR 8053.............
Miscellaneous
Industrial Processes.
Sect. .0516........ Sulfur Dioxide 11/6/98 2/17/00, 65 FR 8053.............
Emissions from
Combustion Sources.
Sect. .0517........ Emissions from Plants 11/6/98 2/17/00, 65 FR 8053.............
Producing Sulfuric
Acid.
Sect. .0519........ Control of Nitrogen 06/14/90 05/02/91, 56 FR 20140...........
Dioxide and Nitrogen
Oxides Emissions.
Sect. .0521........ Control of Visible 11/6/98 2/17/00, 65 FR 8053.............
Emissions.
Sect. .0522........ Control and 06/14/90 05/02/91, 56 FR 20140...........
Prohibition of
Odorous Emissions.
Sect. .0524........ New Source Performance 06/14/90 05/02/91, 56 FR 20140...........
Standards.
Sect. .0527........ Emissions from 06/14/90 05/02/91, 56 FR 20140...........
Spodumene Ore
Roasting.
Sect. .0528........ Total Reduced Sulfur 06/14/90 05/02/91, 56 FR 20140...........
from Kraft Pulp Mills.
Sect. .0529........ Fluoride Emissions 06/14/90 05/02/91, 56 FR 20140...........
from Primary
Aluminum24 Reduction
Plants.

[[Page 577]]

Sect. .0530........ Prevention of 10/10/97 12/31/98 63 FR 72190............
Significant
Deterioration.
Sect. .0531........ Sources in 11/6/98 2/17/00 65 FR 8053..............
Nonattainment Areas.
Sect. .0532........ Sources Contributing 06/14/90 05/02/91, 56 FR 20140...........
to an Ambient
Violation.
Sect. .0533........ Stack Heights......... 06/14/ 05/02/91, 56 FR 20140...........
1990
Sect. .0534........ Fluoride Emissions 06/14/90 05/02/91, 56 FR 20140...........
From Phosphate
Fertilizer Industry.
Sect. .0535........ Excess Emissions 11/6/98 2/17/00 65 FR 8053..............
Reporting and
Malfunctions.
Sect. .0536........ Particulate Emissions 06/14/90 05/02/91, 56 FR 20140...........
From Electric Utility
Boilers.
Sect. .0537........ Control of Mercury 06/14/90 05/02/91, 56 FR 20140...........
Emissions.
Sect. .0538........ Control of Ethylene 06/14/90 05/02/91, 56 FR 20140...........
Oxide Emissions.
Sect. .0539........ Odor Control of Feed 06/14/90 05/02/91, 56 FR 20140...........
Ingredient
Manufacturing Plants.
Sect. .0540........ Particulates from 06/14/90 05/02/91, 56 FR 20140...........
Fugitive Non-Process
Dust Emission Sources.
Sect. .0541........ Control of Emissions 06/14/90 05/02/91, 56 FR 20140...........
from Abrasive
Blasting.
Sect. .0542........ Control of Particulate 06/14/90 05/02/91, 56 FR 20140...........
Emissions from Cotton
Ginning Operations.
Sect. .0542........ Control of Particulate 7/22/02 9/16/03, 68 FR 54166............ Repealed.
Emissions from Cotton
Ginning Operations.
----------------------------------------------------------------------------------------------------------------
Section .0600 Monitoring: Recordkeeping: Reporting
----------------------------------------------------------------------------------------------------------------
Sect. .0601........ Purpose and Scope..... 05/24/99 10/22/02, 67 FR 64994...........
Sect. .0602........ Definitions........... 05/24/99 10/22/02, 67 FR 64994...........
Sect. .0604........ Exceptions to 05/24/99 10/22/02, 67 FR 64994...........
Monitoring and
Reporting
Requirements.
Sect. .0605........ General Recordkeeping 05/24/99 10/22/02, 67 FR 64994...........
and Reporting
Requirements.
Sect. .0606........ Sources Covered By 05/24/99 10/22/02, 67 FR 64994...........
Appendix P of 40 CFR
Part 51.
Sect. .0607........ Large Wood and Wood- 05/24/99 10/22/02, 67 FR 64994...........
fossil Fuel
Combination Units.
Sect. .0611........ Monitoring Emissions 05/24/99 10/22/02, 67 FR 64994...........
From Other Sources.
Sect. .0612........ Alternative Monitoring 05/24/99 10/22/02, 67 FR 64994...........
and Reporting
Procedures.
Sect. .0613........ Quality Assurance 05/24/99 10/22/02, 67 FR 64994...........
Program.
Sect. .0614........ Compliance Assurance 05/24/99 10/22/02, 67 FR 64994...........
Monitoring.
Sect. .0615........ Delegation............ 06/14/90 05/02/91, 56 FR 20140...........
----------------------------------------------------------------------------------------------------------------
Section .0800 Transportation Facilities
----------------------------------------------------------------------------------------------------------------
Sect. .0801........ Purpose and Scope..... 06/14/90 05/02/91 56 FR 20140............
Sect. .0802........ Definitions........... 06/14/00 05/02/91, 56 FR 20140...........
Sect. .0803........ Highway Projects...... 06/14/90 05/02/91, 56 FR 20140...........
Sect. .0804........ Airport Facilities.... 06/14/90 05/02/91, 56 FR 20140...........
Sect. .0805........ Parking Facilities.... 06/14/90 05/02/91, 56 FR 20140...........
Sect. .0806........ Ambient Monitoring and 06/14/90 05/02/91, 56 FR 20140...........
Modeling Analysis.
----------------------------------------------------------------------------------------------------------------
Section .0900 Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
Sect. .0901........ Definitions........... 06/14/90 05/02/91, 56 FR 20140...........
Sect. .0902........ Applicability......... 10/10/97 12/31/98, 63 FR 72190...........
Sect. .0903........ Recordkeeping: 05/24/99 10/22/02, 67 FR 64994...........
Reporting: Monitoring.
Sect. .0906........ Circumvention......... 06/14/90 05/02/91, 56 FR 20140...........
Sect. .0909........ Compliance Schedules 11/6/98 2/17/00, 65 FR 8053.............
for Sources in New
Nonattainment Areas.

[[Page 578]]

Sect. .0912........ General Provisions on 06/14/90 05/02/91, 56 FR 20140...........
Test Methods and
Procedures.
Sect. .0913........ Determination of 06/14/90 05/02/91, 56 FR 20140...........
Volatile Content of
Surface Coatings.
Sect. .0914........ Determination of VC 11/6/98 2/17/00, 65 FR 8053.............
Emission Control
System Efficiency.
Sect. .0915........ Determination of 06/14/90 05/02/91, 56 FR 20140...........
Solvent Metal
Cleaning VOC
Emissions.
Sect. .0916........ Determination: VOC 06/14/90 05/02/91, 56 FR 20140...........
Emissions from Bulk
Gasoline Terminals.
Sect. .0917........ Automobile and Light- 06/14/90 05/02/91, 56 FR 20140...........
Duty Truck
Manufacturing.
Sect. .0918........ Can Coating........... 06/14/ 05/02/91, 56 FR 20140...........
1990
Sect. .0919........ Coil Coating.......... 06/14/90 05/02/91, 56 FR 20140...........
Sect. .0920........ Paper Coating......... 06/14/90 05/02/91, 56 FR 20140...........
Sect. .0921........ Fabric and Vinyl 06/14/90 05/02/91, 56 FR 20140...........
Coating.
Sect. .0922........ Metal Furniture 06/14/90 05/02/91, 56 FR 20140...........
Coating.
Sect. .0923........ Surface Coating of 06/14/90 05/02/91, 56 FR 20140...........
Large Appliances.
Sect. .0924........ Magnet Wire Coating... 06/14/90 05/02/91, 56 FR 20140...........
Sect. .0925........ Petroleum Liquid 06/14/90 05/02/91, 56 FR 20140...........
Storage in Fixed Roof
Tanks.
Sect. .0926........ Bulk Gasoline Plants.. 06/14/90 05/02/91, 56 FR 20140...........
Sect. .0927........ Bulk Gasoline 7/22/02 9/16/03, 68 FR 54166............
Terminals.
Sect. .0928........ Gasoline Service 06/14/90 05/02/91, 56 FR 20140...........
Stations Stage I.
Sect. .0930........ Solvent Metal Cleaning 06/14/90 05/02/91, 56 FR 20140...........
Sect. .0931........ Cutback Asphalt....... 06/14/90 05/02/91, 56 FR 20140...........
Sect. .0932........ Gasoline Truck Tanks 7/22/02 9/16/03, 68 FR 54166............
and Vapor Collection
Systems.
Sect. .0933........ Petroleum Liquid 06/14/90 05/02/91, 56 FR 20140...........
Storage in External
Floating Roof Tanks.
Sect. .0934........ Coating of 06/14/90 05/02/91, 56 FR 20140...........
Miscellaneous Metal
Parts and Products.
Sect. .0935........ Factory Surface 06/14/90 05/02/91, 56 FR 20140...........
Coating of Flat Wood
Paneling.
Sect. .0936........ Graphic Arts.......... 06/14/90 05/02/91, 56 FR 20140...........
Sect. .0937........ Manufacture of 06/14/90 05/02/91, 56 FR 20140...........
Pneumatic Rubber
Tires.
Sect. .0939........ Determination of 06/14/90 05/02/91, 56 FR 20140...........
Volatile Organic
Compound Emissions.
Sect. .0940........ Determination of Leak 06/14/90 05/02/91, 56 FR 20140...........
Tightness and Vapor
Leaks.
Sect. .0941........ Alternative Method for 06/14/90 05/02/91, 56 FR 20140...........
Leak Tightness.
Sect. .0942........ Determination of 06/14/90 05/02/91, 56 FR 20140...........
Solvent in Filter
Waste.
Sect. .0943........ Synthetic Organic 06/14/90 05/02/91, 56 FR 20140...........
Chemical and Polymer
Manufacturing.
Sect. .0944........ Manufacture of 06/14/90 05/02/91, 56 FR 20140...........
Polyethelene,
Polypropylene and
Polystyrene.
Sect. .0945........ Petroleum Dry Cleaning 06/14/90 05/02/91, 56 FR 20140...........
Sect. .0947........ Manufacture of 06/14/90 05/02/91, 56 FR 20140...........
Sythesized
Pharmaceutical
Products.
Sect. .0948........ VOC Emissions from 06/14/90 05/02/91, 56 FR 20140...........
Transfer Operations.
Sect. .0949........ Storage of 06/14/90 05/02/91, 56 FR 20140...........
Miscellaneous
Volatile Organic
Compounds.
Sect. .0951........ Miscellaneous Volatile 06/14/90 05/02/91, 56 FR 20140...........
Organic Compound
Emissions.
Sect. .0952........ Petition for 11/29/95 5/23/96, 61 FR 25789............
Alternative Controls.
Sect. .0953........ Vapor Return Piping 11/6/98 2/17/00, 65 FR 8053.............
for Stage II Vapor
Recovery.
Sect. .0954........ Stage II Vapor 10/10/97 12/31/98, 63 FR 72190...........
Recovery.
Sect. .0955........ Thread Bonding 11/29/95 5/23/96, 61 FR 25789............
Manufacturing.
Sect. .0956........ Glass Christmas 11/29/95 5/23/96, 61 FR 25789............
Ornament
Manufacturing.
Sect. .0957........ Commercial Bakeries... 06/14/90 05/02/91, 56 FR 20140...........

[[Page 579]]

Sect. .0958........ Work Practices for 06/14/90 05/02/91, 56 FR 20140...........
Sources of Volatile
Organic Compounds.
----------------------------------------------------------------------------------------------------------------
Section .1200 Control of Emissions from Incinerators 111(a)
----------------------------------------------------------------------------------------------------------------
Sect. .1201........ Purpose and Scope..... 06/14/90 05/02/91, 56 FR 20140...........
Sect. .1202........ Definitions........... 06/14/90 05/02/91, 56 FR 20140...........
----------------------------------------------------------------------------------------------------------------
Section .1900 Open Burning
----------------------------------------------------------------------------------------------------------------
Sect. .1901........ Purpose, Scope, and 07/01/96 08/01/97, 62 FR 41277...........
Impermissible Open
Burning.
Sect. .1902........ Definitions........... 06/14/90 05/02/91, 56 FR 20140...........
Sect. .1903........ Permissible Open 10/25/99 08/08/02, 67 FR 51763...........
Burning.
Sect. .1904........ Air Curtain Burners... 06/14/90 05/02/91, 56 FR 20140...........
Sect. .1905........ Office Location....... 06/14/90 05/02/91, 56 FR 20140...........
----------------------------------------------------------------------------------------------------------------
Subchapter 3Q Air Quality Permits
----------------------------------------------------------------------------------------------------------------
Section .0100 General Provisions
----------------------------------------------------------------------------------------------------------------
Sect. .0101........ Required Air Quality 11/6/98 2/17/00, 65 FR 8053.............
Permits.
Sect. .0102........ Activities Exempted 7/22/02 9/16/03, 68 FR 54166............
From Permit
Requirements.
Sect. .0103........ Definitions........... 05/24/99 10/22/02, 67 FR 64994...........
Sect. .0104........ Where to Obtain and 10/10/97 12/31/98, 63 FR 72190...........
File Permit
Applications.
Sect. .0107........ Confidential 05/24/99 10/22/02, 67 FR 64994...........
Information.
----------------------------------------------------------------------------------------------------------------
Section .0200 Permit Fees
----------------------------------------------------------------------------------------------------------------
Sect. .0207........ Annual Emissions 11/6/98 2/17/00, 65 FR 8053.............
Reporting.
----------------------------------------------------------------------------------------------------------------
Section .0300 Construction and Operation Permit
----------------------------------------------------------------------------------------------------------------
Sect. .0301........ Applicability......... 11/6/98 2/17/00, 65 FR 8053.............
Sect. .0302........ Facilities Not Likely 11/6/98 2/17/00, 65 FR 8053.............
to Contravene
Demonstration.
Sect. .0303........ Definitions........... 06/14/90 05/02/91, 56 FR 20140...........
Sect. .0304........ Applications.......... 07/01/99 10/22/02, 67 FR 64994...........
Sect. .0305........ Application Submittal 06/14/90 05/02/91, 56 FR 20140...........
Content.
Sect. .0306........ Permits Requiring 07/01/99 10/22/02, 67 FR 64994...........
Public Participation.
Sect. .0307........ Public Participation 10/10/97 12/31/98, 63 FR 72190...........
Procedures.
Sect. .0308........ Final Action on Permit 03/14/95 02/01/96, 61 FR 3586............
Applications.
Sect. .0309........ Termination, 07/01/99 10/22/02, 67 FR 64994...........
Modification and
Revocation of Permits.
Sect. .0310........ Permitting of Numerous 06/14/90 05/02/91,56 FR 20140............
Similar Facilities.
Sect. .0311........ Permitting of 06/14/90 05/02/91, 56 FR 20140...........
Facilities at
Multiple Temporary
Site.
Sect. .0312........ Application Processing 11/6/98 2/17/00, 65 FR 8053.............
Schedule.
Sect. .0314........ General Permit 05/24/99 10/22/02, 67 FR 64994...........
Requirements.
Sect. .0315........ Synthetic Minor 07/01/99 10/22/02, 67 FR 64994...........
Facilities.
----------------------------------------------------------------------------------------------------------------
Section .0800 Exclusionary Rules
----------------------------------------------------------------------------------------------------------------
Sect. .0801........ Purpose and Scope..... 05/24/99 10/22/02, 67 FR 64994...........
Sect. .0802........ Gasoline Service 06/14/90 05/02/91, 56 FR 20140...........
Stations and
Dispensing Facilities.
Sect. .0803........ Coating, Solvent 05/24/99 12/31/98, 63 FR 72193...........
Cleaning, Graphic
Arts Operations.
Sect. .0804........ Dry Cleaning 06/14/90 05/02/91, 56 FR 20140...........
Facilities.
Sect. .0805........ Grain Elevators....... 11/6/98 02/17/00, 65 FR 8093............
Sect. .0806........ Cotton Gins........... 11/6/98 02/17/00, 65 FR 8093............
Sect. .0807........ Emergency Generators.. 11/6/98 02/17/00, 65 FR 8093............
Sect. .0808........ Peak Shaving 07/01/99 10/22/02, 67 FR 64990...........
Generators.
----------------------------------------------------------------------------------------------------------------

[[Page 580]]

Table 3--EPA Approved Mecklenburg County Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
Article 1.000 Permitting Provisions for Air Pollution Sources, Rules and Operating Regulations for Acid Rain
Sources, Title V and Toxic Air Pollutants
----------------------------------------------------------------------------------------------------------------
Section 1.5100 General Provisions and Administrations
----------------------------------------------------------------------------------------------------------------
1.5101.......................... Declaration of Policy... 06/14/1990 05/02/91, 56 FR
20140.
1.5102.......................... Definition of Terms..... 11/21/2000 10/22/02, 67 FR
64999.
1.5103.......................... Enforcement Agency...... 06/14/1990 05/02/91, 56 FR
20140.
1.5104.......................... General Duties and 06/14/1990 05/02/91, 56 FR
Powers of the Director, 20140.
With the Approval of
the Board.
1.5111.......................... General Recordkeeping, 07/01/96 06/30/03, 68 FR
Reporting and 38632.
Monitoring Requirements.
----------------------------------------------------------------------------------------------------------------
Section 1.5200 Air Quality Permits
----------------------------------------------------------------------------------------------------------------
1.5210.......................... Purpose and Scope....... 06/14/1990 05/02/91, 56 FR
20140.
1.5211.......................... Applicability........... 11/21/2000 10/22/02, 67 FR
64999.
1.5212.......................... Applications............ 07/01/96 06/30/03, 68 FR
38632.
1.5213.......................... Action on Application; 07/01/96 06/30/03, 68 FR
Issuance of Permit. 38632.
1.5214.......................... Commencement of 07/01/96 06/30/03, 68 FR
Operation. 38632.
1.5215.......................... Application Processing 07/01/96 06/30/03, 68 FR
Schedule. 38632.
1.5216.......................... Incorporated By 06/06/1994 07/28/95, 60 FR
Reference. 38715.
1.5217.......................... Confidential Information 06/14/1990 05/02/91, 56 FR
20140.
1.5218.......................... Compliance Schedule for 06/14/1990 05/02/91, 56 FR
Previously Exempted 20140.
Activities.
1.5219.......................... Retention of Permit at 06/06/1994 07/28/95, 60 FR
Permitted Facility. 38715.
1.5220.......................... Applicability 06/14/1990 05/02/91, 56 FR
Determinations. 20140.
1.5221.......................... Permitting of Numerous 06/06/1994 07/28/95, 60 FR
Similar Facilities. 38715.
1.5222.......................... Permitting of Facilities 06/06/1994 07/28/95, 60 FR
at Multiple Temporary 38715.
Sites.
1.5230.......................... Permitting Rules and 06/14/1990 05/02/91, 56 FR
Procedures. 20140.
1.5231.......................... Permit Fees............. 07/01/96 06/30/03, 68 FR
38632.
1.5232.......................... Issuance, Revocation, 07/01/96 06/30/03, 68 FR
and Enforcement of 38632.
Permits.
1.5234.......................... Hearings................ 06/06/1994 07/28/95, 60 FR
38715.
1.5235.......................... Expedited Application 06/14/1990 05/02/91, 56 FR
Processing Schedule. 20140.
----------------------------------------------------------------------------------------------------------------
Section 1.5300 Enforcement; Variances; Judicial Review
----------------------------------------------------------------------------------------------------------------
1.5301.......................... Special Enforcement 06/14/1990 05/02/91, 56 FR
Procedures. 20140.
1.5302.......................... Criminal Penalties...... 06/14/1990 05/02/91, 56 FR
20140.
1.5303.......................... Civil Injunction........ 06/14/1990 05/02/91, 56 FR
20140.
1.5304.......................... Civil Penalties......... 06/14/1990 05/02/91, 56 FR
20140.
1.5305.......................... Variances............... 07/01/96 06/30/03, 68 FR
38632.
1.5306.......................... Hearings................ 07/01/96 06/30/03, 68 FR
38632.
1.5307.......................... Judicial Review......... 06/14/1990 05/02/91, 56 FR
20140.
----------------------------------------------------------------------------------------------------------------

[[Page 581]]

Section 1.5600 Transportation Facility Procedures
----------------------------------------------------------------------------------------------------------------
1.5604.......................... Public Participation.... 07/01/96 06/30/03, 68 FR
38632.
1.5607.......................... Application Processing 07/01/96 06/30/03, 68 FR
Schedule. 38632.
----------------------------------------------------------------------------------------------------------------
Article 2.0000 Air Pollution Control Regulations and Procedures
Section 2.0100 Definitions And References
----------------------------------------------------------------------------------------------------------------
2.0101.......................... Definitions............. 06/14/1990 05/02/91, 56 FR
20140.
2.0104.......................... Incorporated By 06/14/1990 05/02/91, 56 FR
Reference. 20140.
----------------------------------------------------------------------------------------------------------------
Section 2.0200 Air Pollution Sources
----------------------------------------------------------------------------------------------------------------
2.0201.......................... Classification of Air 06/14/1990 05/02/91, 56 FR
Pollution Sources. 20140.
2.0202.......................... Registration of Air 06/14/1990 05/02/91, 56 FR
Pollution Sources. 20140.
----------------------------------------------------------------------------------------------------------------
Section 2.0300 Air Pollution Emergencies
----------------------------------------------------------------------------------------------------------------
2.0301.......................... Purpose................. 06/14/1990 05/02/91, 56 FR
20140.
2.0302.......................... Episode Criteria........ 06/14/1990 05/02/91, 56 FR
20140.
2.0303.......................... Emission Reduction Plans 06/14/1990 05/02/91, 56 FR
20140.
2.0304.......................... Preplanned Abatement 06/14/1990 05/02/91, 56 FR
Program. 20140.
2.0305.......................... Emission Reduction Plan: 06/14/1990 05/02/91, 56 FR
Alert Level. 20140.
2.0306.......................... Emission Reduction Plan: 06/14/1990 05/02/91, 56 FR
Warning Level. 20140.
2.0307.......................... Emission Reduction Plan: 06/14/1990 05/02/91, 56 FR
Emergency Level. 20140.
----------------------------------------------------------------------------------------------------------------
Section 2.0400 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
2.0401.......................... Purpose................. 06/14/1990 05/02/91, 56 FR
20140.
2.0402.......................... Sulfur Oxides........... 06/14/1990 05/02/91, 56 FR
20140.
2.0403.......................... Total Suspended 06/14/1990 05/02/91, 56 FR
Particulates. 20140.
2.0404.......................... Carbon Monoxide......... 06/14/1990 05/02/91, 56 FR
20140.
2.0405.......................... Ozone................... 06/14/1990 05/02/91, 56 FR
20140.
2.0407.......................... Nitrogen Dioxide........ 06/14/1990 05/02/91, 56 FR
20140.
2.0408.......................... Lead.................... 06/14/1990 05/02/91, 56 FR
20140.
2.0409.......................... PM10 Particulate Matter. 06/14/1990 05/02/91, 56 FR
20140.
----------------------------------------------------------------------------------------------------------------
Section 2.0500 Emission Control Standards
----------------------------------------------------------------------------------------------------------------
2.0501.......................... Compliance With Emission 06/14/1990 05/02/91, 56 FR
Control Standards. 20140.
2.0502.......................... Purpose................. 06/14/1990 05/02/91, 56 FR
20140.
2.0503.......................... Particulates from Fuel 06/14/1990 05/02/91, 56 FR
Burning Indirect Heat 20140.
Exchangers.
2.0504.......................... Particulates from Wood 06/14/1990 05/02/91, 56 FR
Burning Indirect Heat 20140.
Exchangers.
2.0506.......................... Particulates from Hot 06/14/1990 05/02/91, 56 FR
Mix Asphalt Plants. 20140.
2.0507.......................... Particulates from 06/14/1990 05/02/91, 56 FR
Chemical Fertilizer 20140.
Manufacturing Plants.

[[Page 582]]

2.0508.......................... Particulates from Pulp 06/14/1990 05/02/91, 56 FR
and Paper Mills. 20140.
2.0509.......................... Particulates from Mica 06/14/1990 05/02/91, 56 FR
or Feldspar Processing 20140.
Plants.
2.0510.......................... Particulates from Sand, 06/14/1990 05/02/91, 56 FR
Gravel, or Crushed 20140.
Stone Operations.
2.0511.......................... Particulates from 06/14/1990 05/02/91, 56 FR
Lightweight Aggregate 20140.
Processes.
2.0512.......................... Particulates from Wood 06/14/1990 05/02/91, 56 FR
Products Finishing 20140.
Plants.
2.0513.......................... Particulates from 06/14/1990 05/02/91, 56 FR
Portland Cement Plants. 20140.
2.0514.......................... Particulates from 06/14/1990 05/02/91, 56 FR
Ferrous Jobbing 20140.
Foundries.
2.0515.......................... Particulates from 06/14/1990 05/02/91, 56 FR
Miscellaneous 20140.
Industrial Processes.
2.0516.......................... Sulfur Dioxide Emissions 06/14/1990 05/02/91, 56 FR
from Combustion Sources. 20140.
2.0517.......................... Emissions From Plants 06/14/1990 05/02/91, 56 FR
Producing Sulfuric Acid. 20140.
2.0518.......................... Miscellaneous Volatile 11/21/2000 10/22/02, 67 FR
Organic Compound 64999.
Emissions.
2.0519.......................... Control of Nitrogen 06/14/1990 05/02/91, 56 FR
Dioxide and Nitrogen 20140.
Oxides Emissions.
2.0523.......................... Control of Conical 11/21/2000 10/22/02, 67 FR
Incinerators. 64999.
2.0527.......................... Emissions from Spodumene 06/14/1990 05/02/91, 56 FR
Ore Roasting. 20140.
2.0530.......................... Prevention of 06/14/1990 05/02/91, 56 FR
Significant 20140.
Deterioration.
2.0531.......................... Sources in Nonattainment 06/14/1990 05/02/91, 56 FR
Areas. 20140.
2.0532.......................... Sources Contributing to 06/14/1990 05/02/91, 56 FR
an Ambient Violation. 20140.
2.0533.......................... Stack Height............ 06/14/1990 05/02/91, 56 FR
20140.
2.0535.......................... Excess Emissions 06/14/1990 05/02/91, 56 FR
Reporting and 20140.
Malfunctions.
2.0538.......................... Control of Ethylene 06/14/1990 05/02/91, 56 FR
Oxide Emissions. 20140.
2.0539.......................... Odor Control of Feed 06/14/1990 05/02/91, 56 FR
Ingredient 20140.
Manufacturing Plants.
----------------------------------------------------------------------------------------------------------------
Section 2.0600 Monitoring: Recordkeeping: Reporting
----------------------------------------------------------------------------------------------------------------
2.0601.......................... Purpose and Scope....... 06/14/1990 05/02/91, 56 FR
20140.
2.0602.......................... Definitions............. 06/14/1990 05/02/91, 56 FR
20140.
2.0604.......................... Exceptions to Monitoring 06/14/1990 05/02/91, 56 FR
and Reporting 20140.
Requirements.
2.0605.......................... General Recordkeeping 06/14/1990 05/02/91, 56 FR
and Reporting 20140.
Requirements.
2.0606.......................... Sources Covered by 06/14/1991 05/02/91, 56 FR
Appendix P of 40 CFR 20140.
Part 51.
2.0607.......................... Large Wood and Wood- 06/14/1990 05/02/91, 56 FR
Fossil Fuel Combination 20140.
Units.
2.0608.......................... Other Large Coal or 06/14/1990 05/02/91, 56 FR
Residual Oil Burners. 20140.
2.0610.......................... Delegation Federal 11/21/2000 10/22/02, 67 FR
Monitoring Requirements. 64999.
2.0611.......................... Monitoring Emissions 06/14/1990 05/02/91, 56 FR
From Other Sources. 20140.
2.0612.......................... Alternative Monitoring 06/14/1990 05/02/91, 56 FR
and Reporting 20140.
Procedures.
2.0613.......................... Quality Assurance 06/14/1990 05/02/91, 56 FR
Program. 20140.
2.0614.......................... Compliance Assurance 06/14/1990 05/02/91, 56 FR
Monitoring. 20140.

[[Page 583]]

2.0615.......................... Delegation.............. 06/14/1990 05/02/91, 56 FR
20140.
----------------------------------------------------------------------------------------------------------------
Section 2.0800 Transportation Facilities
----------------------------------------------------------------------------------------------------------------
2.0801.......................... Purpose and Scope....... 06/14/1990 05/02/91, 56 FR
20140.
2.0802.......................... Definitions............. 06/14/1990 05/02/91, 56 FR
20140.
2.0803.......................... Highway Projects........ 06/14/1990 05/02/91, 56 FR
20140.
2.0804.......................... Airport Facilities...... 06/14/1990 05/02/91, 56 FR
20140.
----------------------------------------------------------------------------------------------------------------
Section 2.0900 Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
2.0901.......................... Definitions............. 03/01/1991 06/23/94, 59 FR
32362.
2.0902.......................... Applicability........... 10/16/2004 9/12/07, 72 FR
52012.
2.0903.......................... Recordkeeping: 07/01/1991 06/23/94, 59 FR
Reporting: Monitoring. 32362.
2.0906.......................... Circumvention........... 06/14/1990 05/02/91, 56 FR
20140.
2.0907.......................... Equipment Installation 06/14/1990 05/02/91, 56 FR
Compliance Schedule. 20140.
2.0909.......................... Compliance Schedules for 06/14/1990 05/02/91, 56 FR
Sources In New 20140.
Nonattainment Areas.
2.0910.......................... Alternate Compliance 06/14/1990 05/02/91, 56 FR
Schedule. 20140.
2.0912.......................... General Provisions on 07/01/1991 06/23/94, 59 FR
Test Methods and 32362.
Procedures.
2.0913.......................... Determination of 03/01/1991 06/23/94, 59 FR
Volatile Content of 32362.
Surface Coatings.
2.0914.......................... Determination of VOC 06/14/1990 05/02/91, 56 FR
Emission Control System 20140.
Efficiency.
2.0915.......................... Determination of Solvent 06/14/1990 05/02/91, 56 FR
Metal Cleaning VOC 20140.
Emissions.
2.0916.......................... Determination: VOC 06/14/1990 05/02/91, 56 FR
Emissions From Bulk 20140.
Gasoline Terminals.
2.0917.......................... Automobile and Light- 06/14/1990 05/02/91, 56 FR
Duty Truck 20140.
Manufacturing.
2.0918.......................... Can Coating............. 06/14/1990 05/02/91, 56 FR
20140.
2.0919.......................... Coil Coating............ 06/14/1990 05/02/91, 56 FR
20140.
2.0920.......................... Paper Coating........... 06/14/1990 05/02/91, 56 FR
20140.
2.0921.......................... Fabric and Vinyl Coating 06/14/1990 05/02/91, 56 FR
20140.
2.0922.......................... Metal Furniture Coating. 06/14/1990 05/02/91, 56 FR
20140.
2.0923.......................... Surface Coating of Large 06/14/1990 05/02/91, 56 FR
Appliances. 20140.
2.0924.......................... Magnet Wire Coating..... 06/14/1990 05/02/91, 56 FR
20140.
2.0925.......................... Petroleum Liquid Storage 06/14/1990 05/02/91, 56 FR
in Fixed Roof Tanks. 20140.
2.0926.......................... Bulk Gasoline Plants.... 06/14/1990 05/02/91, 56 FR
20140.
2.0927.......................... Bulk Gasoline Terminals. 06/14/1990 05/02/91, 56 FR
20140.
2.0928.......................... Gasoline Service 06/14/1990 05/02/91, 56 FR
Stations Stage I. 20140.
2.0929.......................... Petroleum Refinery...... 06/14/1990 05/02/91, 56 FR
20140.
2.0930.......................... Solvent Metal Cleaning.. 06/14/1990 05/02/91, 56 FR
20140.
2.0931.......................... Cutback Asphalt......... 06/14/1990 05/02/91, 56 FR
20140.

[[Page 584]]

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

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

EPA-Approved North Carolina Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State EPA approval Federal Register
Provision effective date date citation Explanation
----------------------------------------------------------------------------------------------------------------
Capital Area, North Carolina 1/1/2002 12/27/2002 67 FR 78986.
Interagency Transportation
Conformity Memorandum of
Agreement.
Durham-Chapel Hill Interagency 1/1/2002 12/27/2002 67 FR 78986.
Transportation Conformity
Memorandum of Agreement.
Winston-Salem Interagency 1/01/2002 12/27/2002 67 FR 78986.
Transportation Conformity
Memorandum of Agreement.
High Point Interagency 1/01/2002 12/27/2002 67 FR 78986.
Transportation Conformity
Memorandum of Agreement.
Greensboro Interagency 1/01/2002 12/27/2002 67 FR 78986.
Transportation Conformity
Memorandum of Agreement.
Gaston, North Carolina 1/1/2002 12/27/02 67 FR 78986.
Interagency Transportation
Conformity Memorandum of
Agreement.
Mecklenburg-Union Interagency 8/7/2003 9/15/2003 68 FR 53887.
Transportation Conformity
Memorandum of Agreement.
10 Year Maintenance Plan Update 6/4/2004 9/20/2004 69 FR 56163.
for the Raleigh/Durham Area.

[[Page 585]]

10 Year Maintenance Plan Update 6/4/2004 9/20/2004 69 FR 56163.
for the Greensboro/Winston-Salem/
High Point Area.
Attainment Demonstration of the 12/21/2004 9/21/2005 70 FR 48874.
Mountain, Unifour, Triad and
Fayetteville Early Action
Compact Areas.
Charlotte, Raleigh-Durham, and 3/18/05 3/24/06 71 FR 14817.
Winston-Salem Carbon Monoxide
Second 10-Year Maintenance Plan.
8-Hour Ozone Maintenance plan for 6/19/2006 11/6/2006 71 FR 64891.
the Rocky Mount, North Carolina
area (Edgecombe and Nash
Counties).
8-Hour Ozone Maintenance plan for 6/7/2007 12/26/2007 72 FR 72948.
the Raleigh-Durham-Chapel Hill,
North Carolina area (Durham,
Franklin, Granville, Johnston,
Orange, Person and Wake Counties
in their entireties, and
Baldwin, Center, New Hope and
Williams Townships in Chatham
County).
1-Hour Ozone Maintenance plan 2/4/2008 4/8/2008 73 FR 18963.
revision for the Greensboro/
Winston-Salem/High Point area
(Davidson, Forsyth, and Guilford
counties and a portion of Davie
County).
8-Hour Ozone Maintenance Plan for 7/24/2009 12/07/2009 74 FR 63995.
the Great Smoky Mountains
National Park Area.
1997 Annual PM2.5 Maintenance 12/18/2009 11/18/2011 76 FR 71452.
Plan for the Hickory, North
Carolina Area (Catawba County).
1997 Annual PM2.5 Maintenance 12/22/2010 11/18/2011 76 FR 71452.
Plan for the Hickory, North
Carolina Area--MOVES Update.
1997 Annual PM2.5 Maintenance 12/18/2009 11/18/2011 76 FR 71455.
Plan for the Greensboro, North
Carolina Area (Davidson and
Guilford Counties).
1997 Annual PM2.5 Maintenance 12/22/2010 11/18/2011 76 FR 71455.
Plan for the Greensboro, North
Carolina Area--MOVES Update.
North Carolina 110(a)(1) and (2) 12/12/2007 2/6/2012 77 FR 5703.
Infrastructure Requirements for
the 1997 8-Hour Ozone National
Ambient Air Quality Standards.
1997 8-Hour Ozone 110(a)(1) 4/13/2011 3/26/2012 76 FR 3611.
Maintenance Plan for the Triad
Area.

[[Page 586]]

Supplement to 110(a)(1) 5/18/2011 3/26/2012 76 FR 3611.
Maintenance Plan for the Triad
Area.
North Carolina portion of bi- 11/12/2009 5/4/2012 77 FR 26441.
state Charlotte; 1997 8-Hour
Ozone 2002 Base Year Emissions
Inventory.
Regional Haze Plan............... 11/17/2007 6/27/2012 77 FR 38185.
110(a)(1) and (2) Infrastructure 4/1/2008 10/16/2012 77 FR 63238............. With the exception
Requirements for 1997 Fine of section
Particulate Matter National 110(a)(2)(D)(i).
Ambient Air Quality Standards. With respect to
sections
110(a)(2)(C)
related to PSD
requirements,
110(a)(2)(E)(ii)
and 110(a)(2)(J)
related to PSD
requirements, EPA
conditionally
approved these
requirements.
110(a)(1) and (2) Infrastructure 9/21/2009 10/16/2012 77 FR 63238............. With the exception
Requirements for 2006 Fine of section
Particulate Matter National 110(a)(2)(D)(i).
Ambient Air Quality Standards. With respect to
sections
110(a)(2)(C)
related to PSD
requirements,
110(a)(2)(E)(ii)
and 110(a)(2)(J)
related to PSD
requirements, EPA
conditionally
approved these
requirements.
MVEB Update for the Redesignation February 7, 11/26/12 77 FR 59335.............
and Maintenance Plan for the 2011
Rocky Mount, NC Area for the
1997 8-hour Ozone Standard.
1997 8-hour ozone reasonable 11/30/09 10/12/12 77 FR 62166.............
further progress plan for North
Carolina portion of the bi-state
Charlotte Area.
8-Hour Carbon Monoxide Limited August 2, 2012 6/20/2013 78 FR 37122.............
Maintenance Plan for Charlotte,
Raleigh/Durham and Winston-Salem
Maintenance Area.
1997 8-hour ozone Maintenance November 2, 12/2/13 78 FR 72039.............
Plan for the North Carolina 2011, and
portion of the bi-state supplemented
Charlotte Area. on March 28,
2013
North Carolina Transportation July 12, 2013 12/26/13, 78
Conformity Air Quality FR 78272
Implementation Plan.
Supplement Maintenance Plan for 3/27/2013 1/2/14, 79 FR
the Raleigh-Durham-Chapel Hill, 50
NC 1997 8-hour Ozone Maintenance
Area and RVP Standard.
Supplement Maintenance Plan for 4/2/2013 1/24/2014, 79
the Greensboro/Winston-Salem/ FR 4085
High Point Area, NC 1997 8-hour
Ozone Maintenance Area and RVP
Standard.
110(a)(1) and (2) Infrastructure 4/1/2008 5/7/2014, 79 Addressing prong 4 of
Requirements for 1997 Fine FR 26149 section 110(a)(2)(D)(i)
Particulate Matter National only..
Ambient Air Quality Standards.

[[Page 587]]

110(a)(1) and (2) Infrastructure 9/21/2009 5/7/2014, 79 Addressing prong 4 of
Requirements for 2006 Fine FR 26149 section 110(a)(2)(D)(i)
Particulate Matter National only..
Ambient Air Quality Standards.
----------------------------------------------------------------------------------------------------------------

[64 FR 27467, May 20, 1999]

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

Effective Date Note: At 79 FR 36657, June 30, 2014, Sec. 52.1770(c)
is amended under Table 1, at Subchapter 2D Air Pollution Control
Requirements, Section .0400 Ambient Air Quality Standards by revising
the entries for ``.0409,'' and ``.0410'', effective July 30, 2014. For
the convenience of the user, the revised text is set forth as follows:

Sec. 52.1770 Identification of plan

* * * * *

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section .0400 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Section .0409.................... Particulate Matter.. 1/1/2010 6/30/2014 [Insert
Federal Register
citation].
Section .0410.................... PM2.5 Particulate 1/1/2010 6/30/2014 [Insert
Matter. Federal Register
citation].
----------------------------------------------------------------------------------------------------------------

Sec. 52.1771 Classification of regions.

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

[[Page 588]]

[37 FR 10884, May 31, 1972]

Sec. 52.1772 Approval status.

(a) With the exceptions set forth in this subpart, the Administrator
approves North Carolina's 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.
(b) New Source review permits issued pursuant to section 173 of the
Clean Air Act will not be deemed valid by EPA unless the provisions of
Section V of the Emission Offset (Interpretative Rule) published on
January 16, 1979 (44 FR 3274) are met.

[45 FR 26043, Apr. 17, 1980, as amended at 75 FR 82558, Dec. 30, 2010;
76 FR 64244, Oct. 18, 2011; 79 FR 30051, May 27, 2014]

Sec. 52.1773 Conditional approval.

(a) Conditional Approval--Submittal from the State of North
Carolina, through the Department of Environment and Natural Resources
(NC DENR), Division of Air Quality, dated December 12, 2007, to address
the Clean Air Act (CAA) infrastructure requirements for the 1997 ozone
National Ambient Air Quality Standards. On January 11, 2012, NC DENR
supplemented their December 12, 2007, submission with a commitment to
address the requirements of CAA section 110(a)(2)(E)(ii) of the CAA
which requires state compliance with section 128 of the CAA. EPA is
conditionally approving North Carolina's submittal with respect to CAA
section 110(a)(2)(E)(ii).
(b) North Carolina submitted a letter to EPA on July 10, 2012, with
a commitment to address the State Implementation Plan deficiencies
regarding requirements of Clean Air Act sections 110(a)(2)(C) and
110(a)(2)(J) as they both relate to Prevention of Significant
Deterioration (PSD) infrastructure requirements for the 1997 annual and
2006 24-hour fine particulate matter (PM2.5) national ambient
air quality standards. EPA is conditionally approving North Carolina's
commitment to address outstanding requirements promulgated in the New
Source Review (NSR) PM2.5 Rule related to the
PM2.5 standard for their PSD program and committing to
providing the necessary SIP revision to address these NSR
PM2.5 Rule requirements. If North Carolina fails to submit
these revisions by October 16, 2013, the conditional approval will
automatically become a disapproval on that date and EPA will issue a
finding of disapproval.
(c) North Carolina submitted a commitment letter to EPA on July 10,
2012, requesting conditional approval of outstanding requirements
related to the NSR PM2.5 Rule. In this letter, North Carolina
provided a schedule as to how it will address outstanding requirements
related to the NSR PM2.5 Rule (including PM2.5 PSD
Increment-SILs-SMC, as it relates to PM2.5 increments to meet
the prong 3 requirements of section 110(a)(2)(D)(i)). EPA conditionally
approved the NSR PM2.5 Rule submission for North Carolina on
October 16, 2012, (77 FR 63234). If the North Carolina fails to submit
these revisions by October 16, 2013, the conditional approval will
automatically become a disapproval on that date and EPA will issue a
finding of disapproval.

[77 FR 5706, Feb. 6, 2012, as amended at 77 FR 63240, Oct. 16, 2012; 78
FR 18244, Mar. 26, 2013]

Sec. 52.1774 [Reserved]

Sec. 52.1775 Rules and regulations.

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

[51 FR 32075, Sept. 9, 1986]

Sec. 52.1776 Visibility protection.

(a) Regional Haze. The requirements of section 169A of the Clean Air
Act are not met because the regional haze plan submitted by North
Carolina on December 17, 2007, does not include fully approvable
measures for meeting the requirements of 40 CFR 51.308(d)(3) and
51.308(e) with respect to emissions of NOX and SO2
from electric generating

[[Page 589]]

units. EPA has given limited disapproval to the plan provisions
addressing these requirements.
(b) [Reserved]

[77 FR 33658, June 7, 2012]

Sec. 52.1777 [Reserved]

Sec. 52.1778 Significant deterioration of air quality.

(a)-(b) [Reserved]
(c) All applications and other information required pursuant to
Sec. 52.21 of this part from sources located or to be located in the
State of North Carolina shall be submitted to the State agency, North
Carolina Department of Environment and Natural Resources, Division of
Air Quality, 1641 Mail Service Center, Raleigh, North Carolina 27699-
1641 or local agencies, Forsyth County Office of Environmental
Assistance and Protection, 201 North Chestnut Street, Winston-Salem,
North Carolina 27101-4120; Mecklenburg County Air Quality, 700 N. Tryon
St., Suite 205, Charlotte, North Carolina 28202-2236; Western North
Carolina Regional Air Quality Agency, 49 Mount Carmel Road, Asheville,
North Carolina 28806, rather than to EPA's Region 4 office.

[43 FR 26410, June 19, 1978, as amended at 47 FR 7837, Feb. 23, 1982; 74
FR 55143, Oct. 27, 2009; 77 FR 23398, Apr. 19, 2012; 79 FR 30051, May
27, 2014]

Sec. 52.1779 Control strategy: Ozone.

(a) Determination of attaining data. EPA has determined, as of
November 15, 2011, the bi-state Charlotte-Gastonia-Rockhill, North
Carolina-South Carolina nonattainment area has attaining data for the
1997 8-hour ozone NAAQS. This determination, in accordance with 40 CFR
51.918, suspends the requirements for this area to submit an attainment
demonstration, associated reasonably available control measures, a
reasonable further progress plan, contingency measures, and other
planning SIPs related to attainment of the standards for as long as this
area continues to meet the 1997 8-hour ozone NAAQS.
(b) Based upon EPA's review of the air quality data for the 3-year
period 2008-2010, EPA determined that the Charlotte-Gastonia-Rock Hill,
North Carolina-South Carolina, 1997 8-hour ozone nonattainment Area
attained the 1997 8-hour ozone NAAQS by the applicable attainment date
of June 15, 2011. Therefore, EPA has met the requirement pursuant to CAA
section 181(b)(2) to determine, based on the Area's air quality as of
the attainment date, whether the Area attained the standard. EPA also
determined that the Charlotte-Gastonia-Rock Hill, North Carolina-South
Carolina, 1997 8-hour ozone nonattainment Area is not subject to the
consequences of failing to attain pursuant to section 181(b)(2).

[76 FR 70659, Nov. 15, 2011, as amended at 77 FR 13494, Mar. 7, 2012]

Sec. 52.1780 [Reserved]

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

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

[[Page 590]]

to EPA on January 27, 1972, and approved on May 31, 1982 at 47 FR 10884.
(d) In letters dated February 4, 1987, and June 15, 1987, the North
Carolina Department of Natural Resources and Community Development
certified that no emission limits in the State's plan are based on
dispersion techniques not permitted by EPA's stack height rules.
(e) Determination of Attaining Data. EPA has determined, as of
January 4, 2010, the Greensboro-Winston-Salem-High Point, North
Carolina, nonattainment area has attaining data for the 1997
PM2.5 NAAQS. This determination, in accordance with 40 CFR
51.1004(c), suspends the requirements for this area to submit an
attainment demonstration, associated reasonably available control
measures, a reasonable further progress plan, contingency measures, and
other planning SIPs related to attainment of the standard for as long as
this area continues to meet the 1997 PM2.5 NAAQS.
(f) Determination of Attaining Data. EPA has determined, as of
January 5, 2010, the Hickory-Morganton-Lenoir, North Carolina,
nonattainment area has attaining data for the 1997 PM2.5
NAAQS. This determination, in accordance with 40 CFR 51.1004(c),
suspends the requirements for this area to submit an attainment
demonstration, associated reasonably available control measures, a
reasonable further progress plan, contingency measures, and other
planning SIPs related to attainment of the standard for as long as this
area continues to meet the 1997 PM2.5 NAAQS.
(g) Disapproval. EPA is disapproving portions of North Carolina's
Infrastructure SIP for the 2006 24-hour PM2.5 NAAQS
addressing interstate transport, specifically with respect to section
110(a)(2)(D)(i)(I).
(h) North Carolina submitted a control strategy plan for particulate
matter entitled, ``An Act to Improve Air Quality in the State by
Imposing Limits on the Emission of Certain Pollutants from Certain
Facilities that Burn Coal to Generate Electricity and to Provide for
Recovery by Electric Utilities of the Costs of Achieving Compliance with
Those Limits.'' The State expects the resulting emission reductions of
nitrogen oxides and sulfur dioxide from this control plan will serve as
a significant step towards meeting the 1997 PM2.5 and 8-hour
ozone national ambient air quality standards (NAAQS), among other NAAQS,
improving visibility in the mountains and other scenic vistas, and
reducing acid rain. The specific approved provisions, submitted on
August 21, 2009, are paragraphs (a) through (e) of Section 1 of Session
Law 2002-4, Senate Bill 1078 enacted and state effective on June 20,
2002. This approval does not include paragraphs (f) through (j) of
Section 1 of Senate Bill 1078 nor any of Section 2 of Senate Bill 1078.

[45 FR 55425, Aug. 20, 1980, as amended at 53 FR 11071, Apr. 5, 1988; 53
FR 22488, June 16, 1988; 54 FR 9434, Mar. 7, 1989; 54 FR 13185, Mar. 31,
1989; 75 FR 56, Jan. 4, 2010; 75 FR 232, Jan. 5, 2010; 75 FR 75626,
75627, Dec. 6, 2010; 76 FR 43175, July 20, 2011; 76 FR 59251, Sept. 26,
2011]

Sec. 52.1783 Original identification of plan section.

(a) This section identified the original ``Air Implementation Plan
for the State of North Carolina'' and all revisions submitted by North
Carolina that were federally approved prior to December 1, 1998. 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 2 of 2
(Sec. Sec. 52.1019 to End) editions revised as of July 1, 2000 through
July 1, 2011, and the 40 CFR, part 52, Volume 2 of 3 (Sec. Sec. 52.1019
to 52.2019) editions revised as of July 1, 2012.
(b)-(c) [Reserved]

[79 FR 30051, May 27, 2014]

Sec. 52.1784 Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

(a)(1) The owner and operator of each source and each unit located
in the State of North Carolina and Indian country within the borders of
the State and for which requirements are set forth under the TR
NOX Annual Trading Program in subpart AAAAA of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the

[[Page 591]]

State will be eliminated by the promulgation of an approval by the
Administrator of a revision to North Carolina's State Implementation
Plan (SIP) as correcting in part the SIP's deficiency that is the basis
for the TR Federal Implementation Plan under Sec. 52.38(a), except to
the extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in Indian country within the borders of the State will not
be eliminated by the promulgation of an approval by the Administrator of
a revision to North Carolina's SIP.
(2) Notwithstanding the provisions of paragraph (a)(1) of this
section, if, at the time of the approval of North Carolina's SIP
revision described in paragraph (a)(1) of this section, the
Administrator has already started recording any allocations of TR
NOX Annual allowances under subpart AAAAA of part 97 of this
chapter to units in the State for a control period in any year, the
provisions of subpart AAAAA of part 97 of this chapter authorizing the
Administrator to complete the allocation and recordation of TR
NOX Annual allowances to units in the State for each such
control period shall continue to apply, unless provided otherwise by
such approval of the State's SIP revision.
(b)(1) The owner and operator of each source and each unit located
in the State of North Carolina and Indian country within the borders of
the State and for which requirements are set forth under the TR
NOX Ozone Season Trading Program in subpart BBBBB of part 97
of this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to North Carolina's State Implementation
Plan (SIP) as correcting in part the SIP's deficiency that is the basis
for the TR Federal Implementation Plan under Sec. 52.38(b), except to
the extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in Indian country within the borders of the State will not
be eliminated by the promulgation of an approval by the Administrator of
a revision to North Carolina's SIP.
(2) Notwithstanding the provisions of paragraph (b)(1) of this
section, if, at the time of the approval of North Carolina's SIP
revision described in paragraph (b)(1) of this section, the
Administrator has already started recording any allocations of TR
NOX Ozone Season allowances under subpart BBBBB of part 97 of
this chapter to units in the State for a control period in any year, the
provisions of subpart BBBBB of part 97 of this chapter authorizing the
Administrator to complete the allocation and recordation of TR
NOX Ozone Season allowances to units in the State for each
such control period shall continue to apply, unless provided otherwise
by such approval of the State's SIP revision.

[76 FR 48371, Aug. 8, 2011]

Sec. 52.1785 Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

(a) The owner and operator of each source and each unit located in
the State of North Carolina and Indian country within the borders of the
State and for which requirements are set forth under the TR
SO2 Group 1 Trading Program in subpart CCCCC of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to North Carolina's State Implementation
Plan (SIP) as correcting in part the SIP's deficiency that is the basis
for the TR Federal Implementation Plan under Sec. 52.39, except to the
extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in Indian country within the borders of the State will not
be eliminated by the promulgation of an approval by the Administrator of
a revision to North Carolina's SIP.

[[Page 592]]

(b) Notwithstanding the provisions of paragraph (a) of this section,
if, at the time of the approval of North Carolina's SIP revision
described in paragraph (a) of this section, the Administrator has
already started recording any allocations of TR SO2 Group 1
allowances under subpart CCCCC of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
CCCCC of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR SO2 Group 1
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.

[76 FR 48371, Aug. 8, 2011]

Subpart JJ_North Dakota

Sec. 52.1820 Identification of plan.

(a) Purpose and scope. This section sets forth the applicable State
Implementation Plan for North Dakota under section 110 of the Clean Air
Act, 42 U.S.C. 7410 and 40 CFR part 51 to meet national ambient air
quality standards or other requirements under the Clean Air Act.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c), (d), and (e) of this section with an EPA approval date prior to
July 31, 2006, was approved for incorporation by reference by the
Director of the Federal Register in accordance with 5 U.S.C. Sec.
552(a) and 1 CFR part 51. Material is incorporated as submitted by the
state to EPA, and notice of any change in the material will be published
in the Federal Register. Entries for paragraphs (c), (d), and (e) of
this section with EPA approval dates after July 31, 2006, will be
incorporated by reference in the next update to the SIP compilation.
(2) EPA Region 8 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated state
rules/regulations which have been approved as part of the State
Implementation Plan as of July 31, 2006.
(3) Copies of the materials incorporated by reference may be
inspected at the Environmental Protection Agency, Region 8, 1595 Wynkoop
Street, Denver, Colorado, 80202-1129; Air and Radiation Docket and
Information Center, EPA West Building, 1301 Constitution Ave., NW.,
Washington, DC 20460; and the National Archives and Records
Administration (NARA). If you wish to obtain materials from a docket in
the EPA Headquarters Library, please call the Office of Air and
Radiation (OAR) Docket/Telephone number (202) 566-1742. For information
on the availability of this material at NARA, call (202) 741-6030, or go
to: http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
(c) EPA approved regulations.

State of North Dakota Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanations
date and citation \1\
----------------------------------------------------------------------------------------------------------------
33-15-01 General Provisions
----------------------------------------------------------------------------------------------------------------
33-15-01-01..................... Purpose................. 10/1/87 5/12/89, 54 FR
20574.
33-15-01-02..................... Scope................... 10/1/87 5/12/89, 54 FR
20574.
33-15-01-03..................... Authority............... 9/1/97 4/2/04, 69 FR 17302
33-15-01-04..................... Definitions............. 4/1/11 5/2/14, 79 25021...
33-15-01-05..................... Abbreviations........... 4/1/09 11/4/11, 76 FR
68317.
Except the following 1/1/89 8/9/90, 55 FR 32403
abbreviations: CFR,
PM10, scmh, TSP, & ohm.
33-15-01-06..................... Entry onto premises-- 10/1/87 5/12/89, 54 FR
Authority. 20574.
33-15-01-07..................... Variances: Subsection 1 10/1/87 5/12/89, 54 FR
and Subsection 2. 6/1/90 20574.
6/26/92, 57 FR
28619.

[[Page 593]]

33-15-01-08..................... Circumvention........... 6/1/90 6/26/92, 57 FR
28619.
33-15-01-09..................... Severability............ 10/1/87 5/12/89, 54 FR
20574.
33-15-01-10..................... Land use plans and 10/1/87 5/12/89, 54 FR
zoning regulations. 20574.
33-15-01-11..................... Reserved................ 10/1/87 5/12/89, 54 FR
20574.
33-15-01-12..................... Measurements of 6/1/01 2/28/03, 68 FR 9565
emissions of air
contaminants.
33-15-01-13..................... Shutdown and malfunction 4/1/09 11/4/11, 76 FR
of an installation-- 68317.
Requirement for
notification.
33-15-01-13.2(b)................ Malfunctions............ 9/1/97 8/27/98, 63 FR
45722.
33-15-01-14..................... Time schedule for 10/1/87 5/12/89, 54 FR
compliance. 20574.
33-15-01-15..................... Prohibition of air 6/1/01 2/28/03, 68 FR 9565
pollution.
33-15-01-16..................... Confidentiality of 10/1/87 5/12/89, 54 FR
records. 20574.
33-15-01-17..................... Enforcement............. 3/1/03 10/21/04, 69 FR
61762.
33-15-01-18..................... Compliance 3/1/03 10/21/04, 69 FR
certifications. 61762.
----------------------------------------------------------------------------------------------------------------
33-15-02 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
33-15-02-01..................... Scope................... 10/1/87 5/12/89, 54 FR
20574.
33-15-02-02..................... Purpose................. 10/1/87 5/12/89, 54 FR
20574.
33-15-02-03..................... Air quality guidelines.. 10/1/87 5/12/89, 54 FR
20574.
33-15-02-04..................... Ambient air quality 4/1/11 5/2/14, 79 FR 25021
standards.
33-15-02-05..................... Method of sampling and 12/1/94 10/8/96, 61 FR
analysis. 52865.
33-15-02-06..................... Reference conditions.... 10/1/87 5/12/89, 54 FR
20574.
33-15-02-07..................... Concentrations of air 4/1/11 5/2/14, 79 FR 25021
contaminants in the
ambient air restricted.
33-15-02, Table 1............... Ambient Air Quality 4/1/11 5/2/14, 79 FR 25021
Standards.
33-15-02, Table 2............... National Ambient Air 4/1/11 5/2/14, 79 FR 25021
Quality Standards.
----------------------------------------------------------------------------------------------------------------
33-15-03 Restrictions of Visible Air Contaminants
----------------------------------------------------------------------------------------------------------------
33-15-03-01..................... Restrictions applicable 10/1/87 5/12/89, 54 FR
to existing 20574.
installations.
33-15-03-02..................... Restrictions applicable 10/1/87 5/12/89, 54 FR
to new installations 20574.
and all incinerators.
33-15-03-03..................... Restrictions applicable 10/1/87 5/12/89, 54 FR
to fugitive emissions. 20574.
33-15-03-03.1................... Restrictions applicable 10/1/87 5/12/89, 54 FR
to flares. 20574.
33-15-03-04..................... Exceptions.............. 2/1/82 11/12/82, 47 FR
51131.
33-15-03-05..................... Method of measurement... 10/1/87 5/12/89, 54 FR
20574.
----------------------------------------------------------------------------------------------------------------
33-15-04 Open Burning Restrictions
----------------------------------------------------------------------------------------------------------------
33-15-04-01..................... Refuse Burning 1/1/07 5/27/08, 73 FR
Restrictions. 30308.
33-15-04-02..................... Permissible Open Burning 1/1/96 4/21/97, 62 FR Excluding
19224. subsections 1.b,
1.e, 1.g, and 2.k
which were
subsequently
revised and
approved. See
below.

[[Page 594]]

33-15-04-02.1.b, 33-15-04- Permissible Open Burning 1/1/07 5/27/08, 73 FR
02.1.e, m, 33-15-04-02.1.g, and 30308.
33-15-04-02.2.k.
----------------------------------------------------------------------------------------------------------------
33-15-05 Emissions of Particulate Matter Restricted
----------------------------------------------------------------------------------------------------------------
33-15-05-01..................... Restrictions of 10/1/87 5/12/89, 54 FR
emissions of 20574.
particulate matter from
industrial processes.
33-15-05-02..................... Maximum allowable 3/1/03 10/21/04, 69 FR
emissions of 61762.
particulate matter from
fuel burning equipment
used for indirect
heating.
33-15-05-03..................... Incinerators (repealed). 8/1/95 4/21/97, 62 FR
19224.
33-15-05-03.1................... Infectious waste 7/12/00 2/28/03, 68 FR 9565
incinerators (repealed).
33-15-05-03.2................... Refuse incinerators..... 4/1/09 11/4/11, 76 FR
68317.
33-15-05-03.3................... Other waste incinerators 3/1/03 10/21/04, 69 FR
61762.
33-15-05-04..................... Methods of measurement.. 3/1/03 10/21/04, 69 FR
61762.
----------------------------------------------------------------------------------------------------------------
33-15-06 Emissions of Sulfur Compounds Restricted
----------------------------------------------------------------------------------------------------------------
33-15-06-01..................... Restrictions of 3/1/03 10/21/04, 69 FR See additional
emissions of sulfur 61762. interpretive
dioxide from use of materials cited
fuel. in 63 FR 45722, 8/
27/98.
33-15-06-02..................... Restrictions of 6/1/92 10/20/93, 58 FR
emissions of sulfur 54041.
oxides from industrial
processes.
33-15-06-03..................... Methods of measurement.. 3/1/03 10/21/04, 69 FR
61762.
33-15-06-04..................... Continuous emission 6/1/92 10/20/93, 58 FR
monitoring requirements. 54041.
33-15-06-05..................... Reporting and 6/1/92 10/20/93, 58 FR
recordkeeping 54041.
requirements.
----------------------------------------------------------------------------------------------------------------
33-15-07 Control of Organic Compounds Emissions
----------------------------------------------------------------------------------------------------------------
33-15-07-01..................... Requirements for 6/1/92 8/21/95, 60 FR Excluding
construction of organic 43396. subsection 1
compounds facilities. which was
subsequently
revised and
approved. See
below.
33-15-07-01.1................... Scope................... 9/1/98 8/31/99, 64 FR
47395.
33-15-07-02..................... Requirements for organic 6/1/92 8/21/95, 60 FR
compounds gas disposal. 43396.
----------------------------------------------------------------------------------------------------------------
33-15-08 Control of Air Pollution From Vehicles and Other Internal Combustion Engines
----------------------------------------------------------------------------------------------------------------
33-15-08-01..................... Internal combustion 7/1/78 11/2/79, 44 FR
engine emissions 63102.
restricted.
33-15-08-02..................... Removal or disabling of 7/1/78 11/2/79, 44 FR
motor vehicle pollution 63102.
control devices
prohibited.
----------------------------------------------------------------------------------------------------------------
33-15-10 Control of Pesticides
----------------------------------------------------------------------------------------------------------------
33-15-10-01..................... Pesticide use restricted 10/1/87 5/12/89, 54 FR
Subsection 1 and 1/1/89 20574.
Subsection 2. 8/9/90, 55 FR 32403
33-15-10-02..................... Restrictions on the 10/1/87 5/12/89, 54 FR Excluding
disposal of surplus 20574. subsections 2, 3,
pesticides and empty 4, and 5 which
pesticide containers. were subsequently
revised and
approved. See
below.

[[Page 595]]

33-15-10-02.2, 33-15-10-02.3, 33- Restrictions on the 1/1/89 8/9/90, 55 FR 32403
15-10-02.4. disposal of surplus
pesticides and empty
pesticide containers.
33-15-10-02.5................... Restrictions on the 6/1/90 6/26/92, 57 FR
disposal of surplus 28619.
pesticides and empty
pesticide containers.
----------------------------------------------------------------------------------------------------------------
33-15-11 Prevention of Air Pollution Emergency Episodes
----------------------------------------------------------------------------------------------------------------
33-15-11-01..................... Air pollution emergency. 10/1/87 5/12/89, 54 FR
20574.
33-15-11-02..................... Air pollution episode 10/1/87 5/12/89, 54 FR
criteria. 20574.
33-15-11-03..................... Abatement strategies 10/1/87 5/12/89, 54 FR
emission reduction 20574.
plans.
33-15-11-04..................... Preplanned abatement 10/1/87 5/12/89, 54 FR
strategies plans. 20574.
33-15-11-Table 6................ Air pollution episode 8/1/95 4/21/97, 62 FR
criteria. 19224.
33-15-11-Table 7................ Abatement strategies 8/1/95 4/21/97, 62 FR
emission reduction 19224.
plans.
----------------------------------------------------------------------------------------------------------------
33-15-14 Designated Air Contaminant Sources, Permit to Construct, Minor Source Permit to Operate, Title V Permit
to Operate
----------------------------------------------------------------------------------------------------------------
33-15-14-01..................... Designated air 4/1/11 5/2/14, 79 FR 25021
contaminant sources.
33-15-14-01.1................... Definitions............. 1/1/96 4/21/97, 62 FR
19224.
33-15-14-02..................... Permit to construct..... 4/1/11 5/2/14, 79 FR 25021 Excluding
subsections 1,
12, 13, 3.c,
13.b.1, 5, 13.c,
13.i(5), 13.o,
and 19 (one
sentence) which
were subsequently
revised and
approved. See
below. See
additional
interpretive
materials cited
in 57 FR 28619, 6/
26/92, regarding
the State's
commitment to
meet the
requirements of
EPA's ``Guideline
on Air Quality
Models
(Revised).''
33-15-14-02.1................... Permit to construct 4/1/11 5/2/14, 79 FR 25021
required.
33-15-14-02.5 and 33-15-14- Review of application-- 3/1/03 8/8/05, 70 FR 45539
02.13.i(5). Standard for granting
permits to construct
and Exemptions.
33-15-14-02.12.................. [Reserved].............. 8/1/95 & 4/21/97, 62 FR Moved this section
1/1/96 19224. related to fees
for Permit to
Construct to a
new chapter, 33-
15-23, Fees.
33-15-14-02.3.c................. Alterations to a source. 9/1/98 8/31/99, 64 FR See additional
47395. interpretive
materials cited
in 64 FR 47395, 8/
31/99.
33-15-14-02.13 and Subsection o. Exemptions.............. 4/1/11 5/2/14, 79 FR 25021
33-15-14-02.13.b.1.............. Exemptions.............. 6/1/01 2/28/03, 68 FR 9565
33-15-14-02.13.c and 33-15-14- Exemptions.............. 1/1/07 5/27/08, 73 FR
02.13.o. 30308.

[[Page 596]]

33-15-14-02.19 (one sentence-- Amendment of permits.... 3/1/03 1/24/06, 71 FR 3764 Only one sentence
see explanation). was revised and
approved with
this action. That
sentence reads:
``In the event
that the
modification
would be a major
modification as
defined in
Chapter 33-15-15,
the department
shall follow the
procedures
established in
Chapter 33-15-
15.'' The
remainder of
subsection 19 was
approved on 8/21/
95 (60 FR 43396).
See above.
33-15-14-03..................... Minor source permit to 4/1/11 5/2/14, 79 FR 25021 Excluding
operate. subsections 10,
1.c, 4,
5.a(1)(d), 11,
and 16 (one
sentence) which
were subsequently
revised and
approved. See
below. Also see
40 CFR 52.1834
33-15-14-03.10.................. [Reserved].............. 8/1/95 & 4/21/97, 62 FR Moved this section
1/1/96 19224. related to fees
for Permit to
Operate to a new
chapter, 33-15-
23, Fees.
33-15-14-03.1.c................. Permit to operate 4/1/11 5/2/14, 79 FR 25021
required.
33-15-14-03.4, 33-15-14- Performance testing, 3/1/03 8/8/05, 70 FR 45539
03.5.a(1)(d) & 33-15-14-03.11. action on applications,
and performance and
emission testing.
33-15-14-03.16 (One sentence-- Amendment of permits.... 3/1/03 1/24/06, 71 FR 3764 Only one sentence
see explanation). was revised and
approved with
this action. That
sentence reads:
``In the event
that the
modification
would be a major
modification as
defined in
Chapter 33-15-15,
the department
shall follow the
procedures
established in
Chapter 33-15-
15.'' The
remainder of
subsection 16 was
approved on 8/21/
95 (60 FR 43396).
See above.
33-15-14-04..................... Permit fees (repealed).. 3/1/94 8/21/95, 60 FR
43396.
33-15-14-05..................... Common provisions 3/1/94 8/21/95, 60 FR
applicable to both 43396.
permit to construct and
permit to operate
(repealed).
33-15-14-07..................... Source exclusion from 6/1/01 2/28/03, 68 FR 9565
title V permit to
operate requirements.
----------------------------------------------------------------------------------------------------------------
33-15-15 Prevention of Significant Deterioration of Air Quality
----------------------------------------------------------------------------------------------------------------
33-15-15-01..................... General Provisions 2/1/05 7/19/07, 72 FR
(Repealed). 39564.

[[Page 597]]

33-15-15-01.1................... Purpose................. 2/1/05 7/19/07, 72 FR
39564.
33-15-15-01.2................... Scope................... 10/27/10 9/27/12, 77 FR Also refer to 40
64734. CFR 52.1829(c),
(d).
33-15-15-02..................... Reclassification........ 2/1/05 7/19/07, 72 FR
39564.
----------------------------------------------------------------------------------------------------------------
33-15-17 Restriction of Fugitive Emissions
----------------------------------------------------------------------------------------------------------------
33-15-17-01..................... General provisions-- 6/1/01 2/28/03, 68 FR 9565
applicability and
designation of affected
facilities.
33-15-17-02..................... Restriction of fugitive 1/1/07 5/27/08, 73 FR
particulate emissions. 30308.
33-15-17-03..................... Reasonable precautions 6/20/78 11/2/79, 44 FR
for abating and 63102.
preventing fugitive
particulate emissions.
33-15-17-04..................... Restriction of fugitive 6/20/78 11/2/79, 44 FR
gaseous emissions. 63102.
----------------------------------------------------------------------------------------------------------------
33-15-18 Stack Heights
----------------------------------------------------------------------------------------------------------------
33-15-18-01..................... General provisions...... 10/1/87 11/14/88, 53 FR
45763.
33-15-18-02..................... Good engineering 10/1/87 11/14/88, 53 FR
practice demonstrations. 45763.
33-15-18-03..................... Exemptions.............. 10/1/87 11/14/88, 53 FR
45763.
----------------------------------------------------------------------------------------------------------------
33-15-19 Visibility Protection
----------------------------------------------------------------------------------------------------------------
33-15-19-01..................... General provisions...... 10/1/87 9/28/88, 53 FR
37757.
33-15-19-02..................... Review of new major 10/1/87 9/28/88, 53 FR
stationary sources and 37757.
major modifications.
33-15-19-03..................... Visibility monitoring... 10/1/87 9/28/88, 53 FR
37757.
----------------------------------------------------------------------------------------------------------------
33-15-20 Control of Emissions From Oil and Gas Well Production Facilities
----------------------------------------------------------------------------------------------------------------
33-15-20-01..................... General provisions...... 6/1/92 8/21/95, 60 FR
43396.
33-15-20-02..................... Registration and 6/1/92 8/21/95, 60 FR
reporting requirements. 43396.
33-15-20-03..................... Prevention of 6/1/92 8/21/95, 60 FR
significant 43396.
deterioration
applicability and
source information
requirements.
33-15-20-04..................... Requirements for control 6/1/90 6/26/92, 57 FR
of production facility 28619.
emissions.
----------------------------------------------------------------------------------------------------------------
33-15-23 Fees
----------------------------------------------------------------------------------------------------------------
33-15-23-01..................... Definitions............. 8/1/95 4/21/97, 62 FR
19224.
33-15-23-02..................... Permit to construct fees 8/1/95 4/21/97, 62 FR
19224.
33-15-23-03..................... Minor source permit to 4/1/09 11/4/11, 76 FR
operate fees. 68317 .
33-15-25-01..................... Definitions............. 1/1/07 4/6/12, 77 FR 20894
33-15-25-02..................... Best available retrofit 1/1/07 4/6/12, 77 FR 20894
technology.
33-15-25-03..................... Guidelines for best 1/1/07 4/6/12, 77 FR 20894
available retrofit
technology
determinations under
the regional haze rule.
33-15-25-04..................... Monitoring, 1/1/07 4/6/12, 77 FR 20894
recordkeeping, and
reporting.
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.

(d) EPA-approved source-specific requirements.

[[Page 598]]

----------------------------------------------------------------------------------------------------------------
State
Name of source Nature of requirement effective EPA approval date Explanations
date and citation \3\
----------------------------------------------------------------------------------------------------------------
Leland Olds Station Unit 1...... SIP Chapter 8, Section 5/6/77 10/17/77, 42 FR
8.3, Continuous 55471.
Emission Monitoring
Requirements for
Existing Stationary
Sources, including
amendments to Permits
to Operate and
Department Order.
Air pollution control 2/23/10 4/6/12, 77 FR 20894
permit to construct for
best available retrofit
technology (BART),
PTC10004.
Leland Olds Station Unit 2...... SIP Chapter 8, Section 5/6/77 10/17/77, 42 FR
8.3, Continuous 55471.
Emission Monitoring
Requirements for
Existing Stationary
Sources, including
amendments to Permits
to Operate and
Department Order.
Air pollution control 2/23/10 4/6/12, 77 FR 20894
permit to construct for
best available retrofit
technology (BART),
PTC10004.
Milton R. Young Station Unit 1.. SIP Chapter 8, Section 5/6/77 10/17/77, 42 FR
8.3, Continuous 55471.
Emission Monitoring
Requirements for
Existing Stationary
Sources, including
amendments to Permits
to Operate and
Department Order.
Air pollution control 2/23/10 4/6/12, 77 FR 20894
permit to construct for
best available retrofit
technology (BART),
PTC10007.
Milton R. Young Station Unit 2.. Air pollution control 2/23/10 4/6/12, 77 FR 20894
permit to construct for
best available retrofit
technology (BART),
PTC10007.
Coal Creek Station Unit 1....... Air pollution control 2/23/10 4/6/12, 77 FR 20894 Excluding the NOX
permit to construct for BART emissions
best available retrofit limits for Unit 1
technology (BART), and corresponding
PTC10005. monitoring,
recordkeeping,
and reporting
requirements,
which EPA
disapproved.
Coal Creek Station Unit 2....... Air pollution control 2/23/10 4/6/12, 77 FR 20894 Excluding the NOX
permit to construct for BART emissions
best available retrofit limits for Unit 2
technology (BART), and corresponding
PTC10005. monitoring,
recordkeeping,
and reporting
requirements,
which EPA
disapproved.
Stanton Station Unit 1.......... SIP Chapter 8, Section 5/6/77 10/17/77, 42 FR
8.3, Continuous 55471.
Emission Monitoring
Requirements for
Existing Stationary
Sources, including
amendments to Permits
to Operate and
Department Order.
Air pollution control 2/23/10 4/6/12, 77 FR 20894
permit to construct for
best available retrofit
technology (BART),
PTC10006.
Heskett Station Unit 1.......... SIP Chapter 8, Section 5/6/77 10/17/77, 42 FR
8.3, Continuous 55471.
Emission Monitoring
Requirements for
Existing Stationary
Sources, including
amendments to Permits
to Operate and
Department Order.
Heskett Station Unit 2.......... SIP Chapter 8, Section 5/6/77 10/17/77, 42 FR
8.3, Continuous 55471.
Emission Monitoring
Requirements for
Existing Stationary
Sources, including
amendments to Permits
to Operate and
Department Order.
Air Pollution Control 7/22/10 4/6/12, 77 FR 20894
Permit to Construct,
PTC10028.
Coyote Station Unit 1........... Air Pollution Control 3/14/11 4/6/12, 77 FR 20894
Permit to Construct,
PTC10008.
American Crystal Sugar at SIP Chapter 8, Section 5/6/77 10/17/77, 42 FR
Drayton. 8.3, Continuous 55471.
Emission Monitoring
Requirements for
Existing Stationary
Sources, including
amendments to Permits
to Operate and
Department Order.

[[Page 599]]

Tesoro Mandan Refinery.......... SIP Chapter 8, Section 2/27/07 5/27/08, 73 FR
8.3.1, Continuous 30308.
Opacity Monitoring for
Fluid Bed Catalytic
Cracking Units: Tesoro
Refining and Marketing
Co., Mandan Refinery.
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.

(e) EPA-approved nonregulatory provisions.

----------------------------------------------------------------------------------------------------------------
State
submittal
Name of nonregulatory SIP Applicable geographic or date/ EPA approval date Explanations
provision non-attainment area adopted and citation \3\
date
----------------------------------------------------------------------------------------------------------------
(1) Implementation Plan for the Statewide............... Submitted: 5/31/72, 37 FR Excluding
Control of Air Pollution for 1/24/72; 10842. subsequent
the State of North Dakota. Adopted: 1/ revisions, as
24/72 follows: Chapters
1, 2, 6, 7, 9,
11, and 12;
Sections 1.14,
2.11, 2.15, 3.7,
6.8, 6.10, 6.11,
6.13, 7.7, and
8.3; and
Subsections
3.2.1, 5.2.1,
6.11.3, 7.8.1.A,
7.8.1.B, 7.8.1.C,
and 8.3.1.
Revisions to
these non-
regulatory
provisions have
subsequently been
approved. See
below.
(2) Revisions to SIP Chapter 8, ........................ Submitted: 10/17/77, 42 FR
Section 8.3. 5/26/77 55471.
(3) Revisions to SIP Chapter 2, ........................ Submitted: 8/12/80, 45 FR
Section 2.11. 1/17/80 53475.
(4) SIP Chapter 6, Air Quality ........................ Submitted: 8/12/80, 45 FR
Surveillance. 1/17/80 53475.
(5) Revisions to SIP Chapter 6, ........................ Submitted: 9/28/88, 53 FR
Section 6.10. 1/26/88 37757.
(6) Revisions to SIP Chapter 3, ........................ Submitted: 10/5/89, 54 FR
Section 3.7. 4/18/89 41094.
(7) Revisions to SIP Chapter 3, ........................ Submitted: 8/9/90, 55 FR 32403
Section 3.2.1. 4/18/89
(8) Revisions to SIP Chapter 5, ........................ Submitted: 8/9/90, 55 FR 32403
Section 5.2.1. 4/18/89
(9) Revisions to SIP Chapter 6, ........................ Submitted: 8/9/90, 55 FR 32403
Section 6.11. 4/18/89
(10) Revisions to SIP Chapter 6, ........................ Submitted: 4/21/97, 62 FR
Section 6.13. 1/9/96 19224.
(11) Revisions to Chapter 11, ........................ ........... ................... See the table
Rules & Regulations. listed above
under Sec.
52.1820 (c)(1)
for most current
version of EPA-
approved North
Dakota
regulations.

[[Page 600]]

(12) SIP to meet Air Quality Statewide............... Submitted: 8/12/80, 45 FR
Monitoring 40 CFR part 58, 1/17/80 53475.
subpart c, paragraph 58.20 and
public notification required
under section 127 of the Clean
Air Act.
(13) Stack Height Demonstration Statewide............... Submitted: 6/7/89, 54 FR 24334
Analysis. 4/18/86 and
7/21/87
(14) Visibility New Source Statewide............... Submitted: 9/28/88, 53 FR
Review and Visibility 1/26/88 37757.
Monitoring.
(15) Commitment to revise stack Statewide............... Submitted: 11/14/88, 53 FR See also 40 CFR
height rules in response to 5/11/88 45763. 52.1832.
NRDC v. Thomas, 838 F.2d 1224
(DC Cir. 1988).
(16) Visibility General Plan and Statewide............... Submitted: 10/5/89, 54 FR See also 40 CFR
Long-term Strategy. 4/18/89 41094. 52.1831.
(17) Group III PM10 SIP......... Statewide............... Submitted: 8/9/90, 55 FR 32403 See additional
4/18/89 interpretive
materials cited
in 55 FR 32403, 8/
9/90.
(18) Commitment to meet all Statewide............... Submitted: 6/26/92, 57 FR See additional
requirements of EPA's Guideline 2/14/92 28619. interpretive
on Air Quality Models (revised) materials cited
for air quality modeling in 57 FR 28619, 6/
demonstrations associated with 26/92. Also see
the permitting of new PSD 40 CFR 52.1824.
sources, PSD major
modifications, and sources to
be located in nonattainment
areas.
(19) Small Business Assistance Statewide............... Submitted: 1/11/94, 59 FR 1485 See additional
Program (SIP Chapter 12). 11/2/92 and interpretive
1/18/93 materials cited
in 59 FR 1485, 1/
11/94.
(20) Revisions to SIP Chapter 8, Submitted: 3/8/07....... 5/27/08, 73
Section 8.3.1. FR 30308
(21) Section 7.8, Interstate Statewide............... Submitted: 6/3/10, 75 FR 31290 Includes portions
Transport of Air Pollution 4/6/09; of Subsection
(only 7.8.1.A, portions of Adopted: 4/ 7.8.1 as
7.8.1.B, and 7.8.1.C, see 01/09 indicated below:
explanation). 7.8.1.A,
``Overview,'' the
language of
Subsection
7.8.1.B,
``Nonattainment
and Maintenance
Area Impact,''
that specifically
addresses the
``significant
contribution to
nonattainment''
requirement of
CAA Section
110(a)(2)(D)(i),
and all of
7.8.1.C.

[[Page 601]]

(22) Section 7.8, Interstate Statewide............... Submitted: 11/22/10, 75 FR Includes portions
Transport of Air Pollution 4/6/09; 71023. of Subsection
(only portion of 7.8.1.B). Adopted: 4/ 7.8.1.B,
01/09 ``Nonattainment
and Maintenance
Area Impact,''
that specifically
address the
``interference
with
maintenance''
requirement of
CAA Section
110(a)(2)(D)(i).
(23) North Dakota State Statewide............... Submitted: 4/6/12, 77 FR 20894 Excluding portions
Implementation Plan for 3/3/10 of the following:
Regional Haze. Sections 7.4,
9.5, 9.7, and
10.6, and
Appendices B.2,
and D.2, and all
of Appendix A.4,
because EPA
disapproved the
NOX BART
determination for
Coal Creek
Station Units 1
and 2, the
reasonable
progress
determination for
Antelope Valley
Station Units 1
and 2 regarding
NOX controls, the
reasonable
progress goals,
and parts of the
long-term
strategy, and
because the
provisions
applicable to
Coyote Station
were superseded
by a later
submittal.
(24) North Dakota State Statewide............... Submitted: 4/6/12, 77 FR 20894
Implementation Plan for 7/27/10
Regional Haze Supplement No. 1.
(25) North Dakota State Statewide............... Submitted: 4/6/12, 77 FR 20894 Including only
Implementation Plan for 7/28/11 Section 10.6.1.2,
Regional Haze Amendment No. 1. Appendix A.4, and
introductory
elements that
pertain to the
NOX requirements
for Coyote
Station;
excluding all
other portions of
the submittal.
(26) Revisions to SIP Chapter 6, Statewide............... Submitted: 9/17/12, 77 FR
Section 6.8, Annual Network 4/6/09; 57031.
Review. Adopted: 4/
1/09
(27) Revisions to SIP Chapter 6, Statewide............... Submitted: 9/17/12, 77 FR
Section 6.11.3, Air Quality 4/6/09; 57031.
Surveillance: Ozone. Adopted: 4/
1/09
(28) Revisions to SIP Chapter 9, Statewide............... Submitted: 9/17/12, 77 FR
Resources. 4/6/09; 57031.
Adopted: 4/
1/09

[[Page 602]]

(29) Revisions to SIP Chapter 1, Statewide............... Submitted: 9/17/12, 77 FR
Section 1.14, Revisions to the 4/6/09; 57031.
Implementation Plan. Adopted: 4/
1/09
(30) Revisions to SIP Chapter 7, Statewide............... Submitted: 9/17/12, 77 FR
Section 7.7, Air Quality 4/6/09; 57031.
Modeling. Adopted: 4/
1/09
(31) Revisions to Chapter 2, Statewide............... 3/1/13 7/30/13, 78 FR
Section 2.15, Respecting Boards 45867.
(revised).
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.

[72 FR 9266, Mar. 1, 2007, as amended at 72 FR 39565, July 19, 2007; 73
FR 30313, May 27, 2008; 73 FR 36594, June 27, 2008; 75 FR 31305, June 3,
2010; 75 FR 71028, Nov. 22, 2010; 76 FR 68321, Nov. 4, 2011; 77 FR
20941, Apr. 6, 2012; 77 FR 57031, Sept. 17, 2012; 77 FR 64736, Oct. 23,
2012; 78 FR 45867, July 30, 2013; 79 FR 25023, May 2, 2014]

Sec. 52.1821 Classification of regions.

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

[37 FR 10885, May 31, 1972]

Sec. 52.1822 Approval status.

With the exceptions set forth in this subpart, the Administrator
approves the North Dakota plan for the attainment and maintenance of the
national standards.

[39 FR 7283, Feb. 25, 1974]

Sec. 52.1823 [Reserved]

Sec. 52.1824 Review of new sources and modifications.

(a)-(b) [Reserved]
(c) The State of North Dakota has clarified the language contained
in the North Dakota Administrative Code on the use of the EPA
``Guideline on Air Quality Models'' as supplemented by the ``North
Dakota Guideline for Air Quality Modeling Analysis''.In a letter to
Douglas M. Skie, EPA, dated February 14, 1992, Dana K. Mount, Director
of the Division of Environmental Engineering, stated:

To clarify this issue, the State of North Dakota will commit to
meeting all requirements of the EPA Guideline for air quality modeling
demonstrations associated with the permitting of new PSD sources, PSD
major modifications, and sources which will be located in nonattainment
areas. If any conflict exists, the EPA Guideline will take precedence
for these source categories.

[39 FR 7283, Feb. 25, 1974, as amended at 51 FR 40677, Nov. 7, 1986; 57
FR 28620, June 26, 1992; 61 FR 16062, Apr. 11, 1996]

[[Page 603]]

Sec. 52.1825 Federal implementation plan for regional haze.

(a) Applicability. This section applies to each owner and operator
of the following coal-fired electric generating units (EGUs) in the
State of North Dakota: Coal Creek Station, Units 1 and 2; Antelope
Valley Station, Units 1 and 2.
(b) Definitions. Terms not defined below shall have the meaning
given them in the Clean Air Act or EPA's regulations implementing the
Clean Air Act. For purposes of this section:
(1) Boiler operating day means a 24-hour period between 12 midnight
and the following midnight during which any fuel is combusted at any
time in the EGU. It is not necessary for fuel to be combusted for the
entire 24-hour period.
(2) Continuous emission monitoring system or CEMS means the
equipment required by this section to sample, analyze, measure, and
provide, by means of readings recorded at least once every 15 minutes
(using an automated data acquisition and handling system (DAHS)), a
permanent record of NOX emissions, other pollutant emissions,
diluent, or stack gas volumetric flow rate.
(3) NOX means nitrogen oxides.
(4) Owner/operator means any person who owns or who operates,
controls, or supervises an EGU identified in paragraph (a) of this
section.
(5) Unit means any of the EGUs identified in paragraph (a) of this
section.
(c) Emissions limitations. (1) The owners/operators subject to this
section shall not emit or cause to be emitted NOX in excess
of the following limitations, in pounds per million British thermal
units (lb/MMBtu), averaged over a rolling 30-day period:

------------------------------------------------------------------------
NOX Emission limit (lb/
Source name MMBtu)
------------------------------------------------------------------------
Coal Creek Station, Units 1 and 2......... 0.13, averaged across both
units.
Antelope Valley Station, Unit 1........... 0.17.
Antelope Valley Station, Unit 2........... 0.17.
------------------------------------------------------------------------

(2) These emission limitations shall apply at all times, including
startups, shutdowns, emergencies, and malfunctions.
(d) Compliance date. The owners and operators of Coal Creek Station
shall comply with the emissions limitation and other requirements of
this section within five (5) years of the effective date of this rule,
unless otherwise indicated in specific paragraphs. The owners and
operators of Antelope Valley Station shall comply with the emissions
limitations and other requirements of this section as expeditiously as
practicable, but no later than July 31, 2018, unless otherwise indicated
in specific paragraphs.
(e) Compliance determination(1) CEMS. At all times after the
compliance date specified in paragraph (d) of this section, the owner/
operator of each unit shall maintain, calibrate, and operate a CEMS, in
full compliance with the requirements found at 40 CFR part 75, to
accurately measure NOX, diluent, and stack gas volumetric
flow rate from each unit. The CEMS shall be used to determine compliance
with the emission limitations in paragraph (c) of this section for each
unit.
(2) Method. (i) For any hour in which fuel is combusted in a unit,
the owner/operator of each unit shall calculate the hourly average
NOX concentration in lb/MMBtu at the CEMS in accordance with
the requirements of 40 CFR part 75. At the end of each boiler operating
day, the owner/operator shall calculate and record a new 30-day rolling
average emission rate in lb/MMBtu from the arithmetic average of all
valid hourly emission rates from the CEMS for the current boiler
operating day and the previous 29 successive boiler operating days.
(ii) An hourly average NOX emission rate in lb/MMBtu is
valid only if the minimum number of data points, as specified in 40 CFR
part 75, is acquired by both the NOX pollutant concentration
monitor and the diluent monitor (O2 or CO2).
(iii) Data reported to meet the requirements of this section shall
not include data substituted using the missing data substitution
procedures of subpart D of 40 CFR part 75, nor shall the data have been
bias adjusted according to the procedures of 40 CFR part 75.

[[Page 604]]

(f) Recordkeeping. Owner/operator shall maintain the following
records for at least five years:
(1) All CEMS data, including the date, place, and time of sampling
or measurement; parameters sampled or measured; and results.
(2) Records of quality assurance and quality control activities for
emissions measuring systems including, but not limited to, any records
required by 40 CFR part 75.
(3) Records of all major maintenance activities conducted on
emission units, air pollution control equipment, and CEMS.
(4) Any other records required by 40 CFR part 75.
(g) Reporting. All reports under this section shall be submitted to
the Director, Office of Enforcement, Compliance and Environmental
Justice, U.S. Environmental Protection Agency, Region 8, Mail Code 8ENF-
AT, 1595 Wynkoop Street, Denver, Colorado 80202-1129.
(1) Owner/operator shall submit quarterly excess emissions reports
no later than the 30th day following the end of each calendar quarter.
Excess emissions means emissions that exceed the emissions limits
specified in paragraph (c) of this section. The reports shall include
the magnitude, date(s), and duration of each period of excess emissions,
specific identification of each period of excess emissions that occurs
during startups, shutdowns, and malfunctions of the unit, the nature and
cause of any malfunction (if known), and the corrective action taken or
preventative measures adopted.
(2) Owner/operator shall submit quarterly CEMS performance reports,
to include dates and duration of each period during which the CEMS was
inoperative (except for zero and span adjustments and calibration
checks), reason(s) why the CEMS was inoperative and steps taken to
prevent recurrence, any CEMS repairs or adjustments, and results of any
CEMS performance tests required by 40 CFR part 75 (Relative Accuracy
Test Audits, Relative Accuracy Audits, and Cylinder Gas Audits).
(3) When no excess emissions have occurred or the CEMS has not been
inoperative, repaired, or adjusted during the reporting period, such
information shall be stated in the report.
(h) Notifications. (1) Owner/operator shall submit notification of
commencement of construction of any equipment which is being constructed
to comply with the NOX emission limits in paragraph (c) of
this section.
(2) Owner/operator shall submit semi-annual progress reports on
construction of any such equipment.
(3) Owner/operator shall submit notification of initial startup of
any such equipment.
(i) Equipment operation. At all times, owner/operator shall maintain
each unit, including associated air pollution control equipment, in a
manner consistent with good air pollution control practices for
minimizing emissions.
(j) Credible Evidence. Nothing in this section shall preclude the
use, including the exclusive use, of any credible evidence or
information, relevant to whether a source would have been in compliance
with requirements of this section if the appropriate performance or
compliance test procedures or method had been performed.

[77 FR 20944, Apr. 6, 2012]

Sec. Sec. 52.1826-52.1828 [Reserved]

Sec. 52.1829 Prevention of significant deterioration of air quality.

(a) The North Dakota plan, as submitted, is approved as meeting the
requirements of Part C, Title I, of the Clean Air Act, except that it
does not apply to sources proposing to construct on Indian Reservations.
(b) Regulation for preventing of significant deterioration of air
quality. The provisions of Sec. 52.21 except paragraph (a)(1) are
hereby incorporated and made a part of the North Dakota State
implementation plan and are applicable to proposed major stationary
sources or major modifications to be located on Indian Reservations.
(c) Definitions. For the purpose of this section:
(1) ``Major source baseline date'' means:
(i) In the case of PM10 and sulfur dioxide, January 6,
1975;
(ii) In the case of nitrogen dioxide, February 8, 1988; and
(iii) In the case of PM2.5, October 20, 2010.

[[Page 605]]

(2) ``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:
(i) In the case of PM10 and sulfur dioxide, August 7,
1977;
(ii) In the case of nitrogen dioxide, February 8, 1988; and
(iii) In the case of PM2.5, October 20, 2011.
(3) The baseline date is established for each pollutant for which
increments or other equivalent measures have been established if:
(i) 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
(ii) 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.
(4) ``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.
(5) 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:
(i) Establishes a minor source baseline date; or
(ii) Is subject to 40 CFR 52.21 and would be constructed in the same
state as the state proposing the redesignation.
(d) Ambient air increments. (1) 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
Pollutant increase
(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
------------------------------------------------------------------------

(2) 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.

[44 FR 63103, Nov. 2, 1979. Correctly designated at 44 FR 75635, Dec.
21, 1979, as amended at 68 FR 11324, Mar. 10, 2003; 68 FR 74490, Dec.
24, 2003; 78 FR 45868, July 30, 2013]

Sec. 52.1831 Visibility protection.

A revision to the SIP was submitted by the Governor on April 18,
1989, for

[[Page 606]]

visibility general plan requirements and long-term strategies.

[54 FR 41098, Oct. 5, 1989]

Sec. 52.1832 Stack height regulations.

The State of North Dakota has committed to revise its stack height
regulations should EPA complete rulemaking to respond to the decision in
NRDC v. Thomas, 838 F. 2d 1224 (D.C. Cir. 1988). In a letter to Douglas
M. Skie, EPA, dated May 11, 1988, Dana K. Mount, Director, Division of
Environmental Engineering stated:

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

[53 FR 45764, Nov. 14, 1988]

Sec. 52.1833 Section 110(a)(2) infrastructure requirements.

(a) On November 23, 2009, Tom Bachman, Senior Environmental
Engineer, North Dakota Department of Health, submitted a completeness
criteria checklist which provides the State of North Dakota's SIP
provisions which meet the requirements of CAA Section 110(a)(1) and (2).
The following elements are approved for the 1997 ozone NAAQS: (A), (B),
(C), (D)(ii), (E)(i), (E)(iii), (F), (G), (H), (J), (K), (L), and (M).
The following element is conditionally approved for the 1997 ozone
NAAQS: (E)(ii).
(b) On August 12, 2010, Tom Bachman, Senior Environmental Engineer,
North Dakota Department of Health, submitted a completeness criteria
checklist which provides the State of North Dakota's SIP provisions
which meet the requirements of CAA Section 110(a)(1) and (2). The
following element is approved for the 2006 PM2.5 NAAQS:
(D)(i)(I).
(c) EPA is approving the following infrastructure elements for the
1997 and 2006 PM2.5 NAAQS: CAA section 110(a)(2)(A), (B), (C)
with respect to minor NSR and PSD requirements, (D)(ii), (E), (F), (G),
(H), (J), (K), (L), and (M). EPA is approving (D)(i)(II) with respect to
PSD requirements for the 2006 PM2.5 NAAQS.

[77 FR 57032, Sept. 17, 2012, as amended at 78 FR 45458, July 29, 2013;
78 FR 45869, July 30, 2013]

Sec. 52.1834 Minor source permit to operate program.

Emission limitations and related provisions, which, in accordance
with Rule 33-15-14-03, are established as federally enforceable
conditions in North Dakota minor source operating permits, shall be
enforceable by EPA. EPA reserves the right to deem permit conditions not
federally enforceable. Such a determination will be made according to
appropriate procedures and will be based upon the permit, permit
approval procedures, or permit requirements which do not conform with
the operating permit program requirements of EPA's underlying
regulations.

[60 FR 43401, Aug. 21, 1995]

Sec. 52.1835 Change to approved plan.

North Dakota Administrative Code Chapter 33-15-12, Standards of
Performance for New Stationary Sources, is removed from the approved
plan. This change is a result of the State's September 10, 1997 request
for delegation of authority to implement and enforce the Clean Air Act
New Source Performance Standards (NSPS) promulgated in 40 CFR Part 60,
as in effect on October 1, 1996 (except subpart Eb, which the State has
not adopted). EPA granted that delegation of authority on May 28, 1998.

[63 FR 45727, Aug. 27, 1998]

Sec. 52.1836 Change to approved plan.

North Dakota Administrative Code Chapter 33-15-13, National Emission
Standards for Hazardous Air Pollutants, is removed from the approved
plan. This change is a result of EPA's July 7, 1995 interim approval of
North Dakota's Title V Operating Permit program, in which it granted
delegation of authority to North Dakota to implement and enforce Clean
Air Act section 112 requirements. That delegation of authority includes,
among other things, the NESHAPs promulgated in 40 CFR part 61 (``part 61
NESHAPs''). With a September 10, 1997 submittal,

[[Page 607]]

the State requested delegation of authority to implement and enforce the
Clean Air Act part 61 NESHAPSs (except subparts B, H, K, Q, R, T, and W,
pertaining to radionuclides), as in effect on October 1, 1996. EPA did
not act on the State's request for delegation of authority for 40 CFR
part 61, subpart I (regarding radionuclide emissions from facilities
licensed by the Nuclear Regulatory Commission and other Federal
facilities not covered by subpart H) because EPA rescinded subpart I
subsequent to the State's adoption of these revisions.

[67 FR 62398, Oct. 7, 2002]

Subpart JJ_North Dakota

Sec. 52.1837 Original identification of plan section.

(a) This section identifies the original ``Air Implementation Plan
for the State of North Dakota'' and all revisions submitted by North
Dakota that were federally approved prior to July 31, 2006.
(b) The plan was officially submitted on January 24, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Air quality maintenance area designation submitted June 26,
1974, by the Governor.
(2) Compliance schedules submitted on June 14, 1973, by the
Governor.
(3) Provision for public notice and comment on new source reviews
and a revised compliance schedule submitted on February 19, 1974, by the
Governor.
(4) Clarification concerning the revision of the secondary
particulate standard attainment date submitted on November 21, 1974, by
the Governor.
(5) Explanation of why sources could not comply by the original
attainment date submitted April 23, 1975, by the State Department of
Health.
(6) Revisions to the North Dakota Century Code making emission data
public information and revising penalties, revised new source
performance standards, emission standards for hazardous air pollutants,
and prevention of significant air quality deterioration regulations
submitted on May 26, 1976, by the Governor.
(7) Supplemental information stating that the complete new source
application would be available for public review submitted August 23,
1976 by the State Department of Health.
(8) A revised compliance schedule for the Basin Electric Power Plant
at Velva submitted on December 22, 1976, by the Governor.
(9) Requirements for continuous opacity monitoring by 7 sources
submitted on May 26, 1977, by the Governor.
(10) Provisions to meet the requirements of Part C, Title I, and
section 110 of the Clean Air Act, as amended in 1977, were submitted on
July 17, 1978.
(11) On January 25, 1980, the Governor submitted a plan revision to
meet the requirements of Air Quality Monitoring 40 CFR part 58, subpart
C, Sec. 58.20, and Public Notification required under section 127 of
the Clean Air Act.
(12) A revision requiring flares to meet 20% opacity and have
automatic ignitors or pilots, increasing construction permit fees to
$75.00 and establishing annual permit to operate fees was submitted on
May 6, 1982 by the Governor.
(13) [Reserved]
(14) Revisions to the Prevention of Significant Deterioration
requirements in Chapter 33-15-15 of the North Dakota regulations were
submitted on October 28, 1982 by the Governor, with supplemental
information submitted on July 5, 1983, March 8, 1984 and June 20, 1984,
by the State Agency.
(15) A revision to the SIP was submitted by the Governor on January
26, 1988, for visibility monitoring and New Source Review.
(i) Incorporation by reference.
(A) In a letter dated January 26, 1988, Governor George A. Sinner
submitted a SIP revision for visibility protection.
(B) The SIP revision for visibility protection, ``Chapter 6, Air
Quality Surveillance, Section 6.10, Visibility Monitoring'' and
``Chapter 33-15-19, Visibility Protection'', became effective on October
1, 1987, through action by the North Dakota Legislative Council.
(16) On January 26, 1988, the Governor submitted a plan adding Stack
Height Regulations, Chapter 33-15-18.
(i) Incorporation by reference.
(A) Addition to North Dakota Air Pollution Control Rules Chapter 33-
15-

[[Page 608]]

18, Stack Heights, was adopted on July 21, 1987 and effective on October
1, 1987.
(17) In a letter dated April 18, 1986, the Director of the Division
of Environmental Engineering, North Dakota Department of Health,
submitted the stack height demonstration analysis with supplemental
information submitted on July 21, 1987. EPA is approving the
demonstration analysis for all of the stacks.
(i) Incorporation by reference.
(A) Stack height demonstration analysis submitted by the State on
April 18, 1986 and July 21, 1987.
(18) On January 26, 1988, the Governor of North Dakota submitted
revisions to the plan. The revisions established new regulations and
revised existing regulations and procedures.
(i) Incorporation by reference.
(A) Revisions to the Air Pollution Control Rules of the State of
North Dakota Chapters 33-15-01, 33-15-02, 33-15-03, 33-15-04, 33-15-05,
33-15-07, 33-15-10, 33-15-11, 33-15-14, and 33-15-15, inclusive, and the
addition of a new chapter 33-15-20 which were effective on October 1,
1987.
(19) On April 18, 1989, the Governor of North Dakota submitted
revisions to the plan. The revisions included updates to existing
regulations and the Group III PM10 plan.
(i) Incorporation by reference.
(A) Revisions to the Air Pollution Control Rules of the State of
North Dakota Chapters, 33-15-01, 33-15-02, 33-15-4, 33-15-07, 33-15-10,
33-15-11, 33-15-14, and 33-15-15, inclusive, which were effective on
January 1, 1989.
(ii) Additional material.
(A) August 22, 1989 letter from Dana K. Mount, Director of the
Division of Environmental Engineering, to Doug Skie, EPA.
(B) August 28, 1989 letter from Dana K. Mount, Director of the
Division of Environmental Engineering, to Laurie Ostrand, EPA.
(C) September 5, 1989 letter from Terry O'Clair, Assistant Director
of the Division of Environmental Engineering, to Laurie Ostrand, EPA.
(20) On June 26, 1990, the Governor of North Dakota submitted
revisions to the plan. The revisions include amendments to the
prevention of significant deterioration of air quality (PSD) regulations
to incorporate the nitrogen dioxide (NO2) increments and to
make several ``housekeeping'' modifications.
(i) Incorporation by reference.
(A) Revisions to the North Dakota Administrative Code, Chapter 33-
15-15, Prevention of Significant Deterioration of Air Quality, effective
June 1, 1990.
(ii) Additional material.
(A) October 22, 1990, letter from Douglas Skie, EPA, to Dana Mount,
Director, Division of Environmental Engineering, North Dakota State
Department of Health and Consolidated Laboratories.
(B) November 6, 1990 letter from Dana Mount, Director, Division of
Environmental Engineering, North Dakota State Department of Health and
Consolidated Laboratories, to Douglas Skie, EPA.
(21) On June 26, 1990, the Governor of North Dakota submitted
revisions to the plan for new source performance standards.
(i) Incorporation by reference.
(A) Revisions to the Air Pollution Control Rules of the State of
North Dakota Chapter 33-15-12 which was effective on June 1, 1990.
(ii) Additional material.
(A) January 7, 1991, letter from James J. Scherer, EPA, to George A.
Sinner, Governor, State of North Dakota, on the authority for
implementation and enforcement of the New Source Performance Standards
(NSPS) for 40 CFR part 60, subpart QQQ.
(22) On June 26, 1990, the Governor of North Dakota submitted
revisions to the plan. The revisions include amendments to the hydrogen
sulfide standard and the format of other ambient standards, and various
other minor changes.
(i) Incorporation by reference.
(A) Revisions to the North Dakota Administrative Code: General
Provisions 33-15-01-04.30, 33-15-01-07.2, 33-15-01-08, 33-15-01-15.2,
33-15-01-17; Ambient Air Quality Standards 33-15-02 Table 1 standards
for sulfur dioxide, hydrogen sulfide, carbon monoxide, ozone, and
nitrogen dioxide; Emissions of Particulate Matter Restricted 33-15-05-
02.2e, Table 4; Control of Pesticides 33-15-10-02.5; Designated Air
Contaminant Sources, Permit to Construct, Permit to Operate 33-15-14-
02.4.a and b, 33-15-

[[Page 609]]

14-02.5.a, 33-15-14-05.1.b(3); Control of Emissions from Oil and Gas
Well Production Facilities 33-15-20-01.1, 33-15-20-01.2.l and m, 33-15-
20-02.1, 33-15-20-03.1, 2, and 3, 33-15-20-04; effective June 1, 1990.
(ii) Additional material. Letter dated February 14, 1992, from Dana
K. Mount, Director, Division of Environmental Engineering, to Douglas M.
Skie, EPA. This letter provided the State's commitment to meet all
requirements of the EPA ``Guideline on Air Quality Models (Revised)''
for air quality modeling demonstrations associated with the permitting
of new PSD sources, PSD major modifications, and sources to be located
in nonattainment areas.
(23) On June 30, 1992, the Governor of North Dakota submitted
revisions to the plan for new source performance standards and national
emission standards for hazardous air pollutants.
(i) Incorporation by reference.
(A) Revisions to the Air Pollution Control Rules, Chapter 33-15-12,
Standards of Performance for New Stationary Sources, and Chapter 33-15-
13, excluding Section 33-15-13-02, Emission Standards for Hazardous Air
Pollutants, effective June 1, 1992.
(24) On June 24, 1992, the governor of North Dakota submitted
revisions to the plan. The revisions correct enforceability deficiencies
in the SO2 regulations.
(i) Incorporation by reference.
(A) Revisions to the North Dakota Administrative Codes, Chapter 33-
15-06, Emissions of Sulfur Compounds Restricted, which became effective
June 1, 1992.
(25) On November 2, 1992, the Governor of North Dakota submitted a
plan for the establishment and implementation of a Small Business
Assistance Program to be incorporated into the North Dakota State
Implementation Plan as required by section 507 of the Clean Air Act.
(i) Incorporation by reference.
(A) Executive Order 1992-5, executed May 21, 1992, to establish a
Small Business Compliance Advisory Panel.
(ii) Additional materials.
(A) November 2, 1992 letter from the Governor of North Dakota
submitting a Small Business Assistance Program plan to EPA.
(B) The State of North Dakota plan for the establishment and
implementation of a Small Business Assistance Program, adopted by the
North Dakota State Department of Health and Consolidated Laboratories on
October 23, 1992, effective October 23, 1992.
(26) The Governor of North Dakota submitted revisions to the North
Dakota State Implementation Plan and Air Pollution Control Rules with
letters dated June 26, 1990, June 30, 1992, and April 29, 1994. The
revisions address air pollution control rules regarding general
provisions; emissions of particulate matter and organic compounds; new
source performance standards (NSPS); national emission standards for
hazardous air pollutants (NESHAPs); federally enforceable State
operating permits (FESOPs); prevention of significant deterioration of
air quality; and control of emissions from oil and gas well production
facilities.
(i) Incorporation by reference.
(A) Revisions to the Air Pollution Control Rules as follows:
Emissions of Particulate Matter Restricted 33-15-05-02, 33-15-05-03, and
33-15-05-04; Control of Organic Compound Emissions 33-15-07; Prevention
of Significant Deterioration of Air Quality 33-15-15-01; and Control of
Emissions from Oil and Gas Well Production Facilities 33-15-20-01, 33-
15-20-02, and 33-15-20-03, effective June 1, 1992.
(B) Revisions to the Air Pollution Control Rules as follows: General
Provisions 33-15-01-04 and 33-15-01-13; Standards of Performance for New
Stationary Sources 33-15-12; and Emission Standards for Hazardous Air
Pollutants 33-15-13, effective June 1, 1992 and March 1, 1994.
(C) Revisions to the Air Pollution Control Rules as follows:
Designated Air Contaminant Sources, Permit to Construct, Minor Source
Permit to Operate, Title V Permit to Operate, 33-15-14-01 through 33-15-
14-05, effective March 1, 1994.
(27) On April 29, 1994, the Governor of North Dakota submitted
revisions to the prevention of significant deterioration regulations in
chapter 33-15-15 of the North Dakota Air Pollution Control Rules to
incorporate changes in

[[Page 610]]

the Federal PSD permitting regulations for utility pollution control
projects, PM-10 increments, and municipal waste combustors.
(i) Incorporation by reference.
(A) Revisions to Chapter 33-15-15 of the North Dakota Air Pollution
Control Rules, Section 33-15-15-01, Subsections 1.a.(3) and (4), 1.c,
1.e.(4), 1.h, 1.i, 1.m, 1.x.(2)(h)-(k), 1.aa.(2)(c), 1.bb, 1.dd, 1.ee,
1.ff, 1.hh, 2.b, 4.d.(3)(a), and 4.j.(4)(b), effective 3/1/94.
(28) The Governor of North Dakota submitted revisions to the North
Dakota State Implementation Plan and Air Pollution Control Rules with a
letter dated December 21, 1994. The submittal addressed revisions to air
pollution control rules regarding general provisions; ambient air
quality standards; new source performance standards (NSPS); and national
emission standards for hazardous air pollutants (NESHAPs).
(i) Incorporation by reference.
(A) Revisions to the Air Pollution Control Rules as follows: General
Provisions 33-15-01-17 and 33-15-01-18; Ambient Air Quality Standards
33-15-02-05 and 33-15-02 Table 1; Standards of Performance for New
Stationary Sources 33-15-12; and Emission Standards for Hazardous Air
Pollutants 33-15-13, effective December 1, 1994.
(B) [Reserved]
(29) The Governor of North Dakota submitted revisions to the North
Dakota State Implementation Plan and Air Pollution Control Rules with
letters dated August 15, 1995 and January 9, 1996. The revisions address
air pollution control rules regarding general provisions; open burning;
emissions of particulate matter, certain settleable acids and alkaline
substances, and fugitives; air pollution emergency episodes; new source
performance standards (NSPS); national emission standards for hazardous
air pollutants (NESHAPs); and the minor source construction and
operating permit programs. The State's January 9, 1996 submittal also
revised SIP Chapter 6, Air Quality Surveillance, to identify current
activities regarding visibility monitoring.
(i) Incorporation by reference.
(A) Revisions to the Air Pollution Control Rules as follows:
Emissions of Particulate Matter Restricted 33-15-05-03., 33-15-05-03.1.,
33-15-05-03.2., and 33-15-05-03.3.; Prevention of Air Pollution
Emergency Episodes 33-15-11 Tables 6 and 7; and Fees 33-15-23-01, 33-15-
23-02, and 33-15-23-03, effective August 1, 1995.
(B) Revisions to the Air Pollution Control Rules as follows: General
Provisions 33-15-01-04; Emission Standards for Hazardous Air Pollutants
33-15-13, except 33-15-13-01-2., Subpart I; Designated Air Contaminant
Sources, Permit to Construct, Minor Source Permit to Operate, Title V
Permit to Operate 33-15-14-01, 33-15-14-01.1., 33-15-14-02.12., and 33-
15-14-03.10.; effective August 1, 1995 and January 1, 1996.
(C) Revisions to the Air Pollution Control Rules as follows: Open
Burning Restrictions 33-15-04; Emissions of Certain Settleable Acids and
Alkaline Substances Restricted 33-15-09; Standards of Performance for
New Stationary Sources 33-15-12; and Restriction of Fugitive Emissions
33-15-17-01 and 33-15-17-02, effective January 1, 1996.
(30) The Governor of North Dakota submitted revisions to the North
Dakota State Implementation Plan and Air Pollution Control Rules with
letters dated January 9, 1996 and September 10, 1997. The revisions
address air pollution control rules regarding general provisions and
emissions of particulate matter, sulfur compounds, and organic
compounds.
(i) Incorporation by reference.
(A) Revisions to the Air Pollution Control Rule Emissions of Sulfur
Compounds Restricted, 33-15-06-01, effective January 1, 1996.
(B) Revisions to the Air Pollution Control Rules as follows: General
Provisions 33-15-01-03, 33-15-01-04.49, 33-15-01-13.2(b), 33-15-01-15.2,
and 33-15-01-17.3; Emissions of Particulate Matter Restricted 33-15-05-
03.3.4; and Control of Organic Compound Emissions 33-15-07-01.1;
effective September 1, 1997.
(ii) Additional material.
(A) An April 8, 1997 letter from Dana Mount, North Dakota Department
of Health, to Richard Long, EPA, to provide technical support
documentation regarding the revisions to Chapter 33-15-06, Emissions of
Sulfur Compounds Restricted.

[[Page 611]]

(B) A July 30, 1997 letter from Dana Mount, North Dakota Department
of Health, to Amy Platt, EPA, to provide technical support documentation
regarding the revisions to Chapter 33-15-06, Emissions of Sulfur
Compounds Restricted.
(C) A September 9, 1997 letter from Dana Mount, North Dakota
Department of Health, to Larry Svoboda, EPA, to provide technical
support documentation regarding the revisions to Chapter 33-15-06,
Emissions of Sulfur Compounds Restricted.
(31) The Governor of North Dakota submitted revisions to the North
Dakota State Implementation Plan and Air Pollution Control Rules with a
letter dated September 28, 1998. The revisions address air pollution
control rules regarding general provisions, ambient air quality
standards, emissions of particulate matter and organic compounds, and
the permit to construct program.
(i) Incorporation by reference.
(A) Revisions to the Air Pollution Control Rules as follows: General
Provisions 33-15-01-04.6-52; Ambient Air Quality Standards 33-15-02-04,
33-15-02-07.3, 33-15-02-07.4, and Table 2; Emissions of Particulate
Matter Restricted 33-15-05-03.1; Control of Organic Compound Emissions
33-15-07-01.1; and Designated Air Contaminant Sources, Permit to
Construct, Minor Source Permit to Operate, Title V Permit to Operate 33-
15-14-02.3.c, effective September 1, 1998.
(ii) Additional material.
(A) An April 10, 1997 letter from Dana Mount, North Dakota
Department of Health, to Richard Long, EPA, to provide technical support
documentation regarding the impact of SB2356 on sulfur dioxide emission
limits for existing and new coal conversion facilities and petroleum
refineries.
(B) A November 17, 1997 letter from William Delmore, North Dakota
Assistant Attorney General, to Terry Lukas, EPA, to propose how the
North Dakota Department of Health will implement the requirements of
SB2356.
(C) A June 10, 1998 letter from Dana Mount, North Dakota Department
of Health, to Richard Long, EPA, to provide technical support
documentation regarding the revisions to Chapter 33-15-02, Ambient Air
Quality Standards, and Chapter 33-15-14, Designated Air Contaminant
Sources, Permit to Construct, Minor Source Permit to Operate, Title V
Permit to Operate (revisions specific to the permit to construct section
only).
(D) A December 1, 1998 letter from Dana Mount, North Dakota
Department of Health, to Richard Long, EPA, to provide technical support
documentation regarding how the State will enforce the revised sulfur
dioxide standards in Chapter 33-15-02.
(32) The Governor of North Dakota submitted revisions to the North
Dakota State Implementation Plan and Air Pollution Control Rules with a
letter dated June 21, 2001. The revisions address air pollution control
rules regarding general provisions, emissions of particulate matter and
fugitives, exclusions from Title V permit to operate requirements, and
prevention of significant deterioration.
(i) Incorporation by reference.
(A) Revisions to the Air Pollution Control Rules as follows: General
Provisions 33-15-01-04, 33-15-01-12, and 33-15-01-15; Emissions of
Particulate Matter Restricted 33-15-05-04.1; Designated Air Contaminant
Sources, Permit to Construct, Minor Source Permit to Operate, Title V
Permit to Operate 33-15-14-02.13.b.1, 33-15-14-03.1.c, and 33-15-14-07;
Prevention of Significant Deterioration of Air Quality 33-15-15-01.1.hh
and 33-15-15-01.2; and Restriction of Fugitive Emissions 33-15-17-01,
effective June 1, 2001.
(B) Revisions to the Air Pollution Control Rules as follows:
Emissions of Particulate Matter Restricted 33-15-05-03.1, repealed
effective July 12, 2000.
(33) Certain revisions to the North Dakota State Implementation Plan
and Air Pollution Control Rules as submitted by the Governor with a
letter dated April 11, 2003. The revisions affect portions of North
Dakota Administrative Code (N.D.A.C.) regarding general provisions and
emissions of particulate matter and sulfur compounds.
(i) Incorporation by reference.
(A) Revisions to the North Dakota Air Pollution Control Rules as
follows:
(1) Chapter 33-15-01, N.D.A.C., General Provisions, sections 33-15-
01-04, 33-

[[Page 612]]

15-01-17, and 33-15-01-18, effective March 1, 2003.
(2) Chapter 33-15-05, N.D.A.C., Emissions of Particulate Matter
Restricted, sections 33-15-05-02 and 33-15-05-04 and subsection 33-15-
05-03.3, effective March 1, 2003.
(3) Chapter 33-15-06, N.D.A.C., Emissions of Sulfur Compounds
Restricted, sections 33-15-06-01 and 33-15-06-03, effective March 1,
2003.
(34) Certain revisions to the North Dakota State Implementation Plan
and Air Pollution Control Rules as submitted by the Governor with a
letter dated April 11, 2003. The revisions affect portions of North
Dakota Administrative Code (N.D.A.C.) regarding construction and minor
source permitting and prevention of significant deterioration of air
quality.
(i) Incorporation by reference.
(A) Revisions to the North Dakota Air Pollution Control Rules as
follows:
(1) Chapter 33-15-14, N.D.A.C., Designated Air Contaminant Sources,
Permit to Construct, Minor Source Permit to Operate, Title V Permit to
Operate, subsections 33-15-14-02.5, 33-15-14-02.13.c, 33-15-14-
02.13.i(5), 33-15-14-03.4, 33-15-14-03.5.a(1)(d), and 33-15-14-03.11,
effective March 1, 2003.
(2) Chapter 33-15-15, N.D.A.C., Prevention of Significant
Deterioration of Air Quality, subsections 33-15-15-01.1.x(2)(d) and 33-
15-15-01.4.h(3), effective March 1, 2003.
(35) Certain revisions to the North Dakota State Implementation Plan
and Air Pollution Control Rules as submitted by the Governor with a
letter dated April 11, 2003. The revisions affect portions of North
Dakota Administrative Code (N.D.A.C.) regarding construction and minor
source permitting.
(i) Incorporation by reference.
(A) Revisions to the North Dakota Air Pollution Control Rules as
follows:
(1) In Chapter 33-15-14, N.D.A.C., Designated Air Contaminant
Sources, Permit to Construct, Minor Source Permit to Operate, Title V
Permit to Operate, the sentence in each first paragraph of subsections
33-15-14-02.19 and 33-15-14-03.16 that reads as follows, ``In the event
that the modification would be a major modification as defined in
chapter 33-15-15, the department shall follow the procedures established
in chapter 33-15-15.'' These revisions were effective March 1, 2003.

[37 FR 10885, May 31, 1972]

Editorial Note: For Federal Register citations affecting Sec.
52.1820, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.

Subpart KK_Ohio

Sec. 52.1870 Identification of plan.

(a) Title of plan: ``Implementation Plan for the Control of
Suspended Particulates, Sulfur Dioxide, Carbon Monoxide, Hydrocarbons,
Nitrogen Dioxide, and Photochemical Oxidants in the State of Ohio.''
(b) The plan was officially submitted on January 31, 1972.
(c) The revisions listed below were submitted on the dates
specified.
(1) Request for extensions and a revision of monitoring network was
submitted on March 20, 1972, by the Ohio Air Pollution Control Board.
(2) State provisions for making emissions data available to the
public was outlined in a letter of May 8, 1972, by the Ohio Department
of Health.
(3) On May 9, 1972, the State provided assurance that action is
being taken in the Assembly to secure authority for controlling auto
emissions.
(4) Amendments to air pollution regulations AP-3-11, 12, 13, 14, and
AP-9-04 were forwarded on July 7, 1972, by the Governor.
(5) Revisions to AP-2-01, 02, 04, 05; AP-3-01, 08, 09, 13; AP-9-01,
02, 03 were submitted on August 4, 1972 by the Governor.
(6) New regulations AP-13-01 and 13-02 were submitted on October 12,
1972 by the Governor.
(7) Letter from the Director of the Ohio EPA was submitted on June
6, 1973, indicating that portions of AP-3-11, and AP-3-12 are for
informational purposes only.
(8) The Governor of Ohio submitted on July 2, 1973, the
``Implementation Plan to Achieve Ambient Air Quality Standard for
Photochemical Oxidant in the Cincinnati Air Quality Control Region'' and
the ``Implementation Plan to Achieve Ambient Air Quality Standard for
Photochemical Oxidant in the Toledo Air Quality Control Region.''

[[Page 613]]

(9) The Governor of Ohio submitted on July 24, 1973, the
``Implementation Plan to Achieve Ambient Air Quality Standards for
Photochemical Oxidants--Dayton Air Quality Control Region.''
(10) On January 25, 1974, Ohio submitted a secondary particulate
plan for three AQCR's in Ohio.
(11) On July 16, 1975, Ohio submitted regulations revising the
attainment dates for particulate matter, nitrogen oxides, carbon
monoxide, hydrocarbons and photochemical oxidants.
(12) The Governor of Ohio submitted on May 30, 1974 and August 10,
1976, revisions to the Ohio Implementation for the control of open
burning.
(13) Consent and Abatement Order regarding Columbus and Southern
Ohio Electric Company's Picway Units 3 and 4, submitted by Governor on
October 17, 1975, supplemented on November 17, 1976 and June 1, 1977.
(14) On July 27, 1979 the State submitted its nonattainment area
plan for specific areas designated as nonattainment for ozone and carbon
monoxide in the March 3, 1978 and October 5, 1978 Federal Registers (43
FR 8962 and 43 FR 45993). The submittal contained Ohio's Part D
nonattainment plans for the following ozone and carbon monoxide urban
nonattainment areas: Akron, Canton, Cincinnati, Cleveland, Columbus,
Dayton, Steubenville and Toledo. The submittal contained transportation
control plans and demonstrations of attainment (for carbon monoxide and/
or ozone) for each of the above mentioned urban nonattainment areas.
Regulations for the control of volatile organic compound emissions were
not included with this submittal but were submitted separately on
September 13, 1979.
(15) On September 13, 1979, the State submitted regulations for the
control of volatile organic compound and carbon monoxide emissions from
stationary sources.
(16) On December 28, 1979, the State amended the attainment
demonstration submitted on July 27, 1979 for the Cleveland Urban area.
On November 24, 1980 and July 21, 1981, the State submitted additional
information on the transportation control plans for the Cleveland Urban
area.
(17) On January 8, 1980, the State amended the carbon monoxide
attainment demonstration submitted on July 27, 1979 for the Steubenville
urban area.
(18) On January 15, 1980, the State amended the attainment
demonstrations submitted on July 27, 1979 for the urban areas of
Cincinnati, Toledo and Dayton.
(19) On April 7, 1980 the State of Ohio committed to correct the
deficiencies presented in the March 10, 1980 Notice of Proposed
Rulemaking.
(20) On April 15, 24, 28, May 27, July 23 and August 6, 1980 the
State submitted comments on, technical support for, and commitments to
correct the deficiencies cited in the March 10, 1980 Notice of Proposed
Rulemaking. In addition to this the May 27, 1980 letter also contained a
commitment by the State to adopt and submit to USEPA by each subsequent
January, reasonable available control technology requirements for
sources covered by the control techniques guidelines published by USEPA
the preceding January.
(21) On December 28, 1979 the State of Ohio submitted its Part D
carbon monoxide and ozone nonattainment area plan for the Youngstown
urban area. The submittal contained transportation control plans and
demonstrations of attainment (for carbon monoxide and/or ozone). On
February 12, 1980 the State amended the ozone attainment demonstration
submitted on December 28, 1979.
(22) On June 12, 1980 and August 6, 1980, the State submitted
technical support and commitments to correct the deficiencies cited in
the May 16, 1980 Notice of Proposed Rulemaking. On November 20, 1980 and
July 21, 1981, the State submitted additional information on implementor
commitments for the Youngstown Urban area.
(23) On May 8, 1979, Ohio submitted revisions to regulations 3745-
25-01 through 3745-25-04 (previously codified as AP-11-01 through AP-11-
04) containing emergency episode procedures.
(24) On July 25, 1980 the State of Ohio submitted its Part D
revision to the New Source Review portion of the State Implementation
Plan. On September 25, 1980 the State submitted a

[[Page 614]]

response to the August 26, 1980 Federal Register notice of proposed
rulemaking. The response contained information which corrects certain
deficiencies and commits to correct by a specified date other
deficiencies.
(25) The following information was submitted to USEPA regarding the
Ohio Sulfur Dioxide Standards
(i) On February 12, 1980 the Director of the Ohio EPA submitted the
Ohio Administrative Code (OAC) Rules 3745-18-01 to 3745-18-94, Sulfur
Dioxide Standards adopted on November 14, 1979 effective December 28,
1979.
(ii) Ohio EPA sent technical support for the Ohio Sulfur Dioxide
Standards on September 12, 1979, October 23, 1979, May 16, 1980, March
27, 1981, May 5, 1981, July 15, 1981 and September 24, 1981.
(iii) The following regulations were withdrawn by the Governor of
Ohio on May 16, 1980; OAC Rules 3745-18-08(H), 3745-18-15(B), 3745-18-
53(E), 3745-18-63(K), 3745-18-77(B) and 3745-18-90(C). These rules are
applicable to the following plants:

Cairo Chemical Corporation in Allen County, Crystal Tissue Company
in Butler County, U.S. Steel Corporation, Lorain--Cuyahoga Works in
Lorain County, Bergstrom Paper Company in Montgomery County, Mead
Corporation in Ross County and Shell Chemical Company in Washington,
County.

(iv) The following regulations were withdrawn by the Governor of
Ohio on December 19, 1980 only as it applies to the B.F. Goodrich
Company, Avon Lake Chemical Plant in Lorain County; OAC 3745-18-53(A).
These regulations are still applicable to other facilities in Lorain
County.
(v) The following regulations were withdrawn by the Governor of Ohio
on February 13, 1981; OAC Rules 3745-18-49(J) which is applicable to the
Ohio Rubber Company in Lake County and 3745-18-80(D) which is applicable
to the Union Carbide Corporation in Seneca County.
(vi) The Governor of Ohio submitted a revised OAC Rule 3745-18-80(D)
which is applicable to the Union Carbide Corporation in Seneca County on
April 30, 1981.
(26) On February 8, 1980, the State of Ohio submitted a revision to
provide for modification of the existing air quality surveillance
network.
(27) On February 18, and March 13, 1981, the Governor of Ohio
submitted Rule 08 of Chapter 3745-17 of the Ohio Administrative Code for
Middletown and the operating permits for the fugitive sources located at
ARMCO's Middletown Works Plant.
(28) On October 21 and November 21, 1980 the State submitted
comments on, technical support for, and commitments to correct the
deficiencies cited in the March 10, 1980 Notice of Proposed Rulemaking.
(29) On September 17, 1980 the State of Ohio submitted a vehicle
inspection and maintenance (I/M) program developed for the urbanized
area of Cleveland and the Ohio portion of the Cincinnati metropolitan
area. On December 5, 1980 the State submitted comments on, and
commitments for correcting, the deficiencies cited in the November 7,
1980 Supplemental Notice of Proposed Rulemaking.
(30) On February 18, 1981, the State of Ohio committed itself to
submit by December 31, 1981, the corrective materials for the
Middletown, Ohio total suspended particulate plan.
(31) On March 27, 1981 and March 10, 1982 the State of Ohio
submitted revisions to the total suspended particulate (TSP) portion of
its State Implementation Plan (SIP). These revisions are in the form of
an alternative emissions reduction plan (bubble) for the General Motors
(GM) Central Foundry located in Defiance County, Ohio. Incorporated into
Ohio's SIP are the emission limitations, interim and final compliance
milestones, control equipment requirements and testing procedures
specified in the variances and permits submitted for the GM bubble.
(32) On July 27, 1979, the State of Ohio submitted materials to
satisfy the general requirements of the Clean Air Act under sections
110(a)(2)(K); 126, 127, and 128. On January 30, 1981, the State of Ohio
also submitted an amended substitute Senate Bill 258, which was enacted
into law on December 19, 1980, amending Ohio Revised Code 3704.
(33) Revision to plan allowing Standard Oil Company of Ohio Toledo
refinery variances from State Regulations

[[Page 615]]

3745-21-09(M) (1) and (2) submitted April 10, 1981 by the State.
(34) Revision to plan allowing Standard Oil Company of Ohio Lima
refinery variance from State Regulation 3745-21-09(M)(2) submitted April
10, 1981 by the State.
(35) On August 27, 1981, the State of Ohio submitted a variance for
the Pipeline Working Tank at the ARCO Pipeline Refinery in Summit
County, Ohio.
(36)-(37) [Reserved]
(38) The Governor of Ohio on June 15, 1981 submitted a revision to
the ozone portion of the Ohio State Implementation Plan. This revision
is for six coating lines located at the Speciality Materials Division of
Fasson-Avery located in Lake County, Ohio.
(39) On August 27, 1981, the State of Ohio submitted a variance for
the Pipeline Working Tank at the ARCO Pipeline Refinery in Lucas County,
Ohio.
(40) On February 12, 1981, the State of Ohio submitted its Lead SIP
Plan which contains a discussion of ambient monitoring results, an
attainment demonstration and stationary and mobile source controls for
lead.
(41) On April 10, 1981, the Governor of Ohio submitted revised
requirements for Republic Steel Corporation's Youngstown Sinter Plant.
(42) On February 25, 1980, the State of Ohio submitted the revised
Ohio Administrative Code (OAC) Rules 3745-35-01 through 3745-35-04 which
set forth requirements for air permits to operate and variances. These
rules were adopted on September 28, 1979 and became effective in Ohio on
November 7, 1979. Rescinded in 2008; see paragraph (c)(156) of this
section.
(43) On February 12, 1981, the State of Ohio submitted adopted
amended Ohio Administrative Code (OAC) Rules 3745-21-01, 04, 09 and 10,
Emission Standards and Technology Requirements for Certain Sources of
Volatile Organic Compounds Emissions. The following portions of these
rules were withdrawn by the State of Ohio on March 27, 1981; OAC Rules
3745-21-04(C)(19)(a) and 3745-21-09(R)(3)(a). On January 8, 1982, the
State of Ohio submitted additional materials pertaining to OAC Rules
3745-21-09 (H), (U) and (X).
(44) On April 16, 1981, the Ohio EPA submitted a variance which
would extend for Presto Adhesive Paper Company in Montgomery County,
Ohio the deadline for complying with applicable Ohio VOC emission
limitations from April 1, 1982 to April 1, 1983 for water-based adhesive
paper coatings and to April 1, 1984 for water-based silicone paper
coatings.
(45) On Feburary 25, 1980, the State submitted revisions to rules 01
through 06, 08 and 09 of Chapter 15 of the Ohio Administrative Code.
These rules establish general provisions for the control of air
pollution and were previously codified and approved as AP-2-01 through
06, 08 and 09. Rules 01 through 04, 06, 08 and 09 are approved as
revisions to the Ohio SIP and rule 05 is deleted from the Ohio SIP.
(46) On August 26, 1982, the Ohio Environmental Protection Agency
submitted a variance which would establish an alternative emission
control program (weighted averaging bubble) for eight vinyl coating
lines at Uniroyal Plastic Products in Ottawa County, Ohio, and an
alternative compliance schedule which will allow Uniroyal Plastic
Products additional time to convert to waterborne coatings and inks. The
final compliance date is October 1, 1987.
(47) On June 29, 1982, the State submitted an amendment to the
definition of air contaminant as contained in section 3704.01(B) of the
Ohio Revised Code.
(48) On August 31, 1982, Ohio Environmental Protection Agency
submitted a variance which would establish an alternative emission
control program (weighted averaging bubble) for five rotogravure
printing lines at Packaging Corporation of America (PCA) in Wayne
County, Ohio and an alternative compliance schedule which will allow PCA
additional time to convert to waterborne coatings and inks. The final
compliance date is July 1, 1987.
(49) On September 10, 1982 the Ohio Environmental Protection Agency
submitted a revision to its ozone SIP for the Mead Paper Corporation,
Chilpaco Mill in Ross County, Ohio. This revision is in the form of
three variances for the three flexographic printing lines at Mead Paper
and contains revised emission limits and compliance

[[Page 616]]

schedules for each of the lines. Technical Support for this revision was
also submitted on April 27, 1982.
(50) On October 22, 1982, the Ohio Environmental Protection Agency
submitted a revision to its Ozone SIP for the Standard Register Company.
The revision request is in the form of a variance for an extended
compliance time schedule for a surface coating line and spray boot for
painting miscellaneous metal parts. Final compliance is changed from
December 31, 1982 to December 31, 1983.
(51) On October 1, 1982, and February 28, 1983 the State of Ohio
submitted revisions to Ohio Administrative Code (OAC) Rules 3745-35-03
which set forth requirements for obtaining variances. Rescinded in 2008;
see paragraph (c)(156) of this section.
(52)-(55) [Reserved]
(56) On January 5, 1983 the Ohio Environmental Protection Agency
submitted a revision to its ozone SIP for the U.S. Steel Supply
Division, Sharon Plant in Trumbull County, Ohio. Technical support for
this revision was also submitted on November 12, 1982.
(57) On January 4, 1982, amended December 23, 1982, the Ohio
Environmental Protection Agency (OEPA) submitted a revision to its ozone
SIP for the Chrysler Plastic Products Corporation, Sandusky Vinyl
Product Division, in Erie County, Ohio. This revision amends the
emission limitations and extends the compliance dates for five vinyl
coating lines at this facility. Technical support for this revision was
also submitted on June 28, 1982.
(58) On July 14, 1982, the State submitted revisions to its State
Implementation Plan for TSP and SO2 for Toledo Edison Company's Bay
Shore Station in Lucas County, Ohio, except that the equivalent visible
emission limitations in this submittal are no longer in effect.
(59) On March 9, 1983, the Ohio Environmental Protection Agency
submitted a variance which would establish an alternative emission
control program (bubble) for eight vinyl coating lines at B.F. Goodrich
in Washington County, Ohio, and an alternative compliance schedule which
will allow B.F. Goodrich additional time to achieve final compliance
through conversion to waterborne coatings and inks by December 31, 1985.
If the company is unable to achieve compliance by December 1, 1985,
through reformulation, the company must install add-on controls no later
than December 1, 1987.
(60) The State of Ohio submitted a revised demonstration that showed
attainment by December 31, 1982, of the Carbon Monixide (CO) National
Ambient Air Quality Standards (NAAQS) for the Cincinnati area (Hamilton
County) on May 24, 1982. Supplemental information was submitted on
September 23, 1982, November 4, 1982, and March 16, 1983. The May 24,
1982, submittal also requested that the five year extension for meeting
the NAAQS requested on July 29, 1979, and granted on October 31, 1980,
be rescinded for this area. EPA has rescinded this extension only for
the Cincinnati demonstration area for CO.
(61) On January 11, 1983, the Ohio EPA submitted justification and
supportive documentation for the two categories of gasoline dispensing
facilities and cutback asphalt. On March 2, 1983, Ohio EPA submitted
demonstrations of reasonable further progress in the Canton and
Youngstown areas. This information was submitted to satisfy the
conditions on the approval of the 1979 ozone SIP.
(62) [Reserved]
(63) On January 3, 1984, the Ohio Environmental Protection Agency
submitted a revision to the Ohio Administrative Code 3745-15-07, Air
Pollution Nuisance Prohibited.
(64) On September 2, 1982, the State of Ohio submitted a revision to
the total suspended particulate State Implementation Plan for the B.F.
Goodrich Chemical Plant in Avon Lake, Lorain County, Ohio. This revision
is being disapproved. (See Sec. 52.1880(g))
(65) [Reserved]
(66) On March 16, 1984, the Ohio Environmental Protection Agency
submitted commitments for satisfying the conditions of approval to the
ozone [52.1885 (b)(2)] and particulate matter [52.1880 (d)(1)] State
Implementation Plans.
(67) [Reserved]

[[Page 617]]

(68) On May 6, 1983, the Ohio Environmental Protection Agency (OEPA)
submitted materials constituting a proposed revision to Ohio's ozone SIP
for Harrison Radiator. Harrison Radiator has two metal coating
facilities; one is the North facility located in downtown Dayton and the
other is the South facility located in the City of Moraine.
(i) Incorporation by reference.
(A) The Ohio Environmental Protection Director's final Findings and
Orders, May 6, 1983.
(B) Letters of September 10, 1984, and September 4, 1984, to USEPA
from OEPA.
(C) The Ohio Environmental Protection Director's final Findings and
Orders, September 4, 1984.
(69) On September 13, 1983, the Ohio Environmental Protection Agency
submitted a variance which would establish an alternative emission
control program (bubble) for Volatile Organic Compound emissions from a
gasoline and aviation fuel loading rack located at Standard Oil Company
in Trumbull County, Ohio.
(i) Incorporation by reference.
(A) An August 26, 1983, Permit and Variance to Operate an Air
Contaminant Source Terms and Conditions, Application No. 02 78 06 0355
J001 and 02 78 06 0355 J002, for Niles Terminal Station N. 234, Niles
Aviation Gasoline Bulk Terminal.
(70) On April 8, 1982, June 22, 1982, November 8, 1982, May 24,
1985, and November 12, 1986, the Ohio Environmental Protection Agency
submitted a revision to the sulfur dioxide SIP for the Ohio Power
Muskingum River Power Plant located in Morgan and Washington Counties.
USEPA approves an emission limit of 8.6 lbs/MMBTU to protect the primary
NAAQS with a compliance date of June 17, 1980. In addition, USEPA
approves an emission limit of 7.6 lbs/MMBTU to protect the secondary
NAAQS with a compliance date of July 1, 1989.
(i) Incorporation by reference.
(A) Ohio Administrative Code (OAC) rule 3745-18-03(C)(3)(gg)(vi)
effective in Ohio December 28, 1979; rule 3745-18-64(B) and rule 3745-
18-90(B) effective in Ohio on October 1, 1982.
(B) Director's Final Findings and Orders dated October 18, 1982,
before the Ohio Environmental Protection Agency.
(C) Director's Findings and Order dated November 18, 1986, before
the Ohio Environmental Protection Agency.
(ii) Additional information.
(A) Technical Support Document for emission limitations including
dispersion modeling for the Muskingum River Plant submitted by the State
on April 8, 1982.
(B) Muskingum River Plant Supplementary Technical Support Document
submitted by the State on June 22, 1982.
(C) Air Monitoring Data submitted by the State on June 22, 1982.
(71) On July 1, 1980, the State of Ohio submitted a revision to its
State Implementation Plan amending Sec. 3704.11 of the Ohio Revised
Code. This revision expands the authority given to a political
subdivision in relation to certain open burning activities. Additional
information for the revision was also submitted on September 30, 1980
and January 16, 1981.
(72) On March 16, 1982, the State of Ohio submitted a revision to
its State Implementation Plan for TSP for the Southerly Wastewater
Treatment Plant in Columbus, Ohio.
(73) On March 28, 1983, the State of Ohio Environmental Protection
Agency (OEPA) submitted amendments to the Ohio Administrative Code (OAC)
Chapter 3745-21 and supporting data to USEPA as a proposed revision to
the ozone portion of its SIP. OAC Chapter 3745-21, entitled ``Carbon
Monoxide, Photochemically Reactive Materials, Hydrocarbons, and Related
Material Standards'', contains Ohio's VOC RACT I and II regulations. The
amendments to these regulations are embodied in the OAC as follows:
Definitions, Rule 3745-21-01; Attainment dates and compliance time
schedules, Rule 3745-21-04; Control of emissions of organic compounds
from stationary sources, Rule 3745-21-09; and Compliance test methods
and procedures, Rule 3745-21-10. See (c)(15). USEPA is not taking action
on the applicability of Rule 3745-21-09 to new sources of VOC, to the
gasoline throughout exemption level for gasoline dispensing facilities,
and to the compliance date extension

[[Page 618]]

for Honda of America Manufacturing, Inc. auto and motorcycle assembly
plant in Marysville. USEPA is not taking action on OAC Rule 3745-21-
09(AA))(2)(a) which exempts any dry cleaning facility in which less than
60,000 pounds of fabrics are cleaned per year. USEPA is not taking
action on OAC Rule 3745-21-09(U)(2)(f) (i) and (ii) which apply to new
sources (surface coating lines). USEPA is identifying deficiencies in
the existing Rule 3745-21-09(D)(3) which contains an alternative daily
emission limitation for can coating facilities. USEPA identified the
following deficiencies within this rule: This rule presents equations
for determining an alternative daily emission limitation. USEPA finds
that the equations are incorrect in that they are based on volume of
coating used (in gallons, excluding water), which in many cases can lead
to erroneous results. Equivalency calculations for coatings should be
performed on a basis of volume of coating solids used rather than volume
of coating used. (45 FR 80824 gives an example calculation for can
coating done on a volume solids basis.)
(i) Incorporation by reference.
(A) Amendments to OAC Chapter 3745-21, dated June 21, 1982 and
January 24, 1983.
(1) Rule 3745-21-01; Definitions.
(i) Section (D)(16), (36), and (50), paper and vinyl coating.
(ii) Section (F)(1-8), asphalts in road construction and
maintenance.
(iii) Sections (E)(8), and (J)(5), corrections to Sections (E)(8)
and (J)(5).
(2) Rule 3745-21-04; Attainment dates and compliance time schedules.
(i) Section (C)(3), can coating lines.
(ii) Section (C)(15), cutback and emulsified asphalts.
(iii) Section (C)(29), gasoline tank trucks.
(iv) Section (C)(33), External floating roof tanks.
(3) Rule 3745-21-09, Control of emission of organic compounds from
stationary sources.
(i) Section (B), Emission limitations.
(ii) Sections, (C) (1) and (3), Surface coating of automobiles and
light duty trucks.
(iii) Sections (I) (1) and (2), Surface coating of metal furniture.
(iv) Sections (K) (1) and (3) and (K)(4) (a), (b) and (c), Surface
coating of large appliances.
(v) Sections (N) (1), (2), and (3) (b) and (c), Use of cutback and
emulsified asphalts.

Note: USEPA is not approving (N)(3) (a) and (e).

(vi) Section (O)(2), Solvent metal cleaning.
(vii) Sections (P) (1), (4), and (5), Bulk gasoline plants.
(viii) Section (Q)(3), Bulk gasoline terminals.
(ix) Section (R)(3), Gasoline dispensing facilities.
(x) Sections (U)(1) and the exemptions contained in (2)(h), Surface
coating miscellaneous metal parts and products.
(xi) Sections (X)(1) (a)(i), (b)(i), and the exemption contained in
(2)(d), Rubber tire manufacturing.
(xii) Sections (Z)(1)(b) through (h), (2), and (3), Storage of
petroleum liquid in external floating roof tanks. NOTE: USEPA is not
approving (Z)(1)(a).
(xiii) Section (AA) (1) and (2) (b) and (c), Dry cleaning facility.
NOTE: USEPA is not proposing to approve (AA)(2)(a).
(xiv) Sections (K)(4) (a), (b), and (c), for the Whirlpool
Corporation plants located in Marion, Sandusky, and Hancock Counties.
(xv) Section (X)(2)(d), Cooper Tire and Rubber tire manufacturing
facility located in Hancock County.
(4) Rule 3745-21-10; Compliance test methods and procedures.
(i) Sections (A) (3) and (4), General provisions.
(ii) Section (B) (3), (4) and (5), Methods for determining VOC
content of surface coating and inks.
(iii) Section (E) (4) and (7), Method for determining VOC emissions
from bulk gasoline terminals.
(iv) Section (K), Methods for detecting leaks of gasoline vapors.
(74)-(75) [Reserved]
(76) On April 9, 1986, the State of Ohio submitted a negative
declaration for natural gas/gasoline processing plants and manufacturers
of high-density polyethylene and polypropylene resins.
(i) Incorporation by reference.
(A) Letter dated April 9, 1986, from Warren W. Tyler, Director,
State of

[[Page 619]]

Ohio Environmental Protection Agency.
(77) On November 20, 1985, the Ohio Environmental Protection Agency
submitted a revision to the State Implementation Plan for Total
Suspended Particulates. This revision request is for operating permits
for the following two shiploading facilities: The Andersons Grain
Division, Toledo Plant and Mid-States Terminals, Incorporated.
(i) Incorporation by reference.
(A) Permit to Operate an Air Contaminant Source for the Andersons
Grain Division, Toledo Plant. Date of Issuance: November 18, 1985.
(B) Permit to Operate an Air Contaminant Source for Mid-States
Terminals, Incorporated. Date of Issuance: November 18, 1985.
(78) On April 30, 1986, (draft) and on May 5, 1987, (final) the Ohio
Environmental Protection Agency (OEPA) submitted a revision request to
Ohio's sulfur dioxide SIP. The revision was in the form of Permits to
Operate for the Coulton Chemical Plant in Toledo, Ohio, and the E.I.
duPont de Nemours and Company facility in Miami, Ohio. The permits
require the installation and operation of continuous emission monitors
for sulfur dioxide at these facilities, and the reporting of monitoring
data.
(i) Incorporation by reference.
(A) Special Term and Condition No. 3 of Permit to Operation No.
0448020014P001 for Coulton Chemical Corporation, effective January 3,
1986, Permit to Operate No. 0448020014P002 for Coulton Chemical
Corporation, effective March 25, 1986.
(B) Special Term and Condition No. 3 of Permit to Operate No.
1431350817P001 for E.I. duPont de Nemours and Company (Fort Hill Plant),
effective March 2, 1984.
(ii) Additional material.
(A) September 5, 1985, letter from Charles M. Taylor, Chief,
Division of Air Pollution Control, Ohio Environmental Protection Agency;
to Steve Rothblatt, Chief, Air and Radiation Branch, U.S. Environmental
Protection Agency.
(79) On April 9, 1986, the Ohio Environmental Protection Agency
(OEPA) submitted a request for a revision to the Ozone State
Implementation Plan (SIP) for the Huffy Corporation in Celina Ohio
(Mercer County). This revision was in the form of a rule which is
applicable to the Huffy Corporation in Mercer County.
(i) Incorporation by reference.
(A) Ohio Administrative Code (OAC) Rule 3745-21-09(U)(2)(j),
effective May 9, 1986.
(80) On April 9, 1986, the Ohio Environmental Protection Agency
submitted a revision to the State Implementation Plan for ozone. The
revision consists of the reasonably available control technology (RACT)
III volatile organic compound regulations.
(i) Incorporation by reference. Ohio EPA OAC
(A) Rule 3745-21-01, Definitions. Paragraphs (K), (L), (M), and (N),
effective May 9, 1986. Ohio EPA OAC
(B) Rule 3745-21-04, Attainment Dates and Compliance Time Schedules.
Paragraphs (B)(1), and (C)(36) through (C)(39), effective May 9, 1986.
Ohio EPA OAC
(C) Rule 3745-21-09, Control of Emissions of Volatile Organic
Compounds from Stationary Sources. Paragraphs (A)(1), (A)(2), (A)(4),
(BB), (CC), (DD), (EE), and Appendix A, effective May 9, 1986. Ohio EPA
OAC
(D) Rule 3745-21-10, Compliance Test Method and Procedures.
Paragraphs (C), (F), (L), (M), (N), (O), and (P), effective May 9, 1986.
(81) On March 3, 1986, the Ohio Environmental Protection Agency
(OEPA) submitted Good Engineering Stack Height Regulations as a revision
to the Ohio State Implementation Plan (SIP).
(i) Incorporation by reference.
(A) Ohio Administrative Code Chapter 3745-16-01 and 02, entitled
``Definitions'' and ``Good Engineering Practice Stack Height
Regulations''. These rules were adopted by the State on February 12,
1986 and were effective on March 5, 1986.
(B) September 2, 1987 letter from Richard L. Shank, Ph.D., Director,
Ohio Environmental Protection Agency; to Valdas Adamkus, Regional
Administrator, USEPA.
(ii) Additional material.
(A) March 3, 1986, letter from Warren W. Tyler, Director, Ohio
Environmental Protection Agency; to Valdas

[[Page 620]]

Adamkus, Regional Administrator, U.S. EPA.
(82) On November 7, 1985, the Ohio Environmental Protection Agency
submitted a revision to the ozone portion of the Ohio State
Implementation Plan (SIP) for the Reynolds Metal Company in Pickaway
County, Ohio. This variance shall expire on May 6, 1992.
(i) Incorporation by reference.
(A) State of Ohio Environmental Protection Agency Variance to
Operate an Air Contaminant Source (except for Conditions No. 2, No. 3,
and No. 6); Date of Issuance: October 29, 1985, Issued to: Reynolds
Metal Company; Constitutes a Variance to Operate: miscellaneous metal
parts coating line--Ransburg Disc spray booths No. 1 and No. 2; and
signed by Warren W. Tyler, Director, Ohio Environmental Protection
Agency.
(83) On October 4, 1982, and January 24, 1983, the Ohio
Environmental Protection Agency (OEPA) submitted revisions to the Ohio
Administrative Code (OAC) Chapter 3745-31-01 through 3745-31-08 to
satisfy the New Source Review conditional approval of October 31, 1980
(45 FR 72119). U.S. EPA is granting limited approval of the revision to
Ohio's New Source Review State Implementation Plan (SIP) because the
revised regulations strengthen the SIP.
(i) Incorporation by reference.
(A) OAC Rule 3745-31 through 3745-31-03--Permits to Install New
Sources of Pollution (Adopted June 30, 1982, effective August 15, 1982),
as found in the State of Ohio Environmental Protection Agency Laws and
Regulations.
(ii) Additional material.
(A) A June 30, 1987, letter from OEPA certified that the State did
not rely upon additional reductions through the offset policy to attain
or maintain the National Ambient Air Quality Standards.
(84) On June 1, 1987, the Ohio Environmental Protection Agency
(OEPA) submitted a revision request to Ohio's ozone SIP for the Goodyear
Tire and Rubber Company in St. Marys (Auglaize County) Ohio. The
revision was in the form of variances for adhesive application lines
K001 to K019 and exempts them from the requirements contained in Ohio
Administrative Code (OAC) Rule 3745-21-09(U). These variances expire on
(3 years and 30 days from date of publication). The accommodative SIP
for Auglaize County is removed for the period these variances are in
effect.
(i) Incorporation by reference.
(A) Condition Number 8 (which references Special Terms and
Conditions Numbers 1 through 5) within each of 19 ``State of Ohio
Environmental Protection Agency Variances to Operate An Air Contaminant
Source'', Application Numbers 0306010138K001-0306010138K019, for
Goodyear Tire and Rubber Company. The Date of Issuance is May 22, 1987.
(85) On February 17, 1988, and January 4, 1989, the Ohio
Environmental Protection Agency submitted a revision to the total
suspended particulate SIP for Youngstown Thermal Corporation located in
Youngstown, Ohio. This revision establishes a 0.02 lb/MMBTU emission
limit for the one gas and Number 2 oil-fired boiler (B001) and a 0.14
lb/MMBTU limit for the three coal-fired boilers (B002, B003, and B004).
(i) Incorporation by reference.
(A) Ohio Administrative Code (OAC) Rule 3745-17-01, effective in
Ohio on October 1, 1983; Rule 3745-17-03, effective in Ohio on October
15, 1983; and Rule 3745-17-10, effective in Ohio on October 1, 1983, as
they apply to Youngstown Thermal Energy Corporation in Youngstown, Ohio
only.
(86) [Reserved]
(87) On July 11, 1988, Ohio submitted its vehicle inspection and
maintenance regulation for Cuyahoga, Lake, Lorain, Hamilton, and Butler
Counties.
(i) Incorporation by reference.
(A) Ohio Administrative Code rules 3745-26-01, 3745-26-02, 3745-26-
03, 3745-26-04, 3745-26-05, 3745-26-06, 3745-26-07, 3745-26-08, and
3745-26-09, effective July 17, 1987.
(88) [Reserved]
(89) On February 28, 1989, the Ohio Environmental Protection Agency
(OEPA) submitted a revision request to Ohio's ozone SIP for the Navistar
International Transportation Corporation in Springfield, Ohio. It
modified this request on March 30, 1990. The revision is in the form of
variances for miscellaneous metal parts and products coating lines and
exempts them from the requirements contained in

[[Page 621]]

Ohio Administrative Code (OAC) Rule 3745-21-09(U). These variances
expire on January 4, 1994.
(i) Incorporation by reference.
(A) Condition Number 8 (which references Special Terms and
Conditions Number 1 through 11) within both of the ``State of Ohio
Environmental Protection Agency Variances to Operate An Air Contaminant
Source'', Application Numbers 0812760220K009 and 0812760220K013 for
Navistar International Transportation Corporation. The Date of Issuance
is February 28, 1989.
(90) On April 9, 1986, the Ohio Environmental Protection Agency
(OEPA) submitted amendments to the Ohio Administrative Code (OAC)
Chapter 3745-21. The amendments are embodied in the following OAC
regulations: Definitions, Rule 3745-21-01; Attainment dates and
compliance time schedules, Rule 3745-21-04; Control of emissions of
volatile organic compounds from stationary sources, Rule 3745-21-09; and
Compliance test methods and procedures, Rule 3745-21-10. USEPA is
approving these amendments with the following exceptions: The proposed
relaxation for food can end sealing compounds in 3745-21-09(D)(1)(e) and
(D)(2)(e) (from 3.7 to 4.4 lbs VOC/gallon); the proposed revision to the
exemption in 3745-21-09(N)(3)(e) for the application by hand of any
cutback asphalt or emulsified asphalt for patching or crack sealing; the
recordkeeping requirements in 3745-21-09(N)(4); the relaxation from 3.5
to 6.2 lbs VOC/gallon for high performance architectural aluminum
coatings in 3745-21-09(U)(1)(a)(viii); the exemption for new sources in
3745-21-09(U)(2)(f); and the relaxation for miscellaneous metals
coatings in 3745-21-09(U)(1)(a)(vii).
(i) Incorporation by reference.
(A) Amendments to Ohio Administrative Code Rule 3745-21-01,
effective on May 9, 1986.
(B) Amendments to Ohio Administrative Code Rule 3745-21-04,
effective on May 9, 1986.
(C) Amendments to Ohio Administrative Code Rule 3745-21-09,
effective on May 9, 1986, except for:
(1) 3745-21-09(D)(1)(e) and (D)(2)(e) (proposed relaxation for food
can end sealing);
(2) 3745-21-09(N)(3)(e) (proposed revision to the exemption for the
application by hand of any cutback or emulsified asphalt for patching
crack sealing);
(3) 3745-21-09(N)(4) (recordkeeping requirements);
(4) 3745-21-09(U)(1)(a)(viii) (relaxation from 3.5 to 6.2 lbs VOC.
gal for high performance architectural aluminum coatings);
(5) 3745-21-09(U)(2)(f) (the exemption for new sources); and
(6) 3745-21-09(U)(1)(a)(vii) (relaxation for miscellaneous metal
coatings).
(D) Amendments to Ohio Administrative Code Rule 3745-21-10,
effective May 9, 1996.
(91) On September 30, 1983, the Ohio Environmental Protection Agency
(OEPA) submitted a revision request to the ozone SIP for Ludlow Flexible
Packaging, Inc. (Ludlow), located in Mt. Vernon (Knox County), Ohio.
This revision was in the form of variances and permits that established
a bubble with monthly averaging between 22 paper coating and printing
lines (sources K001-K022) and a compliance date extension to June 30,
1987. On January 13, 1987, the OEPA submitted additional information
concerning this revision stating that several of the printing lines have
been or will be permanently shut down and the remaining lines will be
controlled by thermal incineration in accordance with OAC Rule 3745-21-
09(Y). In addition, four of the paper coating lines (K017-K019, K022)
have been removed from the plant. Therefore, only eight paper coating
lines (K011-K016, K020 and K021) remain under the bubble. This revision
exempts these lines from the control requirements contained in Ohio
Administrative Code (OAC) Rules 3745-21-09(F) and 3745-21-09(Y). These
variances and permits expire on April 22, 1996.
The accommodative SIP for Knox County will be canceled upon approval
of this SIP revision.
(i) Incorporation by reference.
(A) Condition Number 8 (which references Special Terms and
Conditions Numbers 1-7 within each of the 5

[[Page 622]]

``State of Ohio Environmental Protection Agency Variance to Operate an
Air Contaminant Source,'' Application Numbers 0342010111K011-
0342010111K015, as they apply to Ludlow Flexible Packaging, Inc.,
located in Mt. Vernon, Ohio. The Date of Issuance is September 23, 1983.
(B) Condition Number 8 (which references Special Terms and
Conditions Numbers 1-7) within each of the 3 ``State of Ohio
Environmental Protection Agency Permit to Operate an Air Contaminant
Source,'' Application Numbers 0342010111K016, 0342010111K020, and
0342010111K021, as they apply to Ludlow Flexible Packaging, Inc.,
located in Mt. Vernon, Ohio. The Date of Issuance is September 23, 1983.
(ii) Additional material.
(A) January 13, 1987, letter from Patricia P. Walling, Chief,
Division of Air Pollution Control, Ohio Environmental Protection Agency;
to Steve Rothblatt, Chief, Air and Radiation Branch, U.S. Environmental
Protection agency.
(92) On October 16, 1991, and March 17, 1993, the Ohio Environmental
Protection Agency (OEPA) submitted revisions to the State Implementation
Plan for sulfur dioxide for sources in Hamilton County, Ohio.
(i) Incorporation by reference.
(A) Ohio Administrative Code (OAC) Rule 3745-18-03 Attainment dates
and compliance time schedules, Sections (A)(2)(c); (B)(7)(a); (B)(7)(b);
(C)(8)(a); (C)(8)(b); (C)(9)(a); (C)(9)(b); (D)(1); (D)(2); dated
October 11, 1991, and effective on October 31, 1991.
(B) Ohio Administrative Code (OAC) Rule 3745-18-04 Measurement
methods and procedures, Sections (D)(7); (D)(8)(a) to (D)(8)(e); (E)(5);
(E)(6)(a); (E)(6)(b); (F); (G)(1) to (G)(4); (I); dated October 11,
1991, and effective on October 31, 1991.
(C) Ohio Administrative Code (OAC) Rule 3745-18-37, Hamilton county
emission limits, dated February 22, 1993, and effective on March 10,
1993.
(D) Director's Final Findings and Order for Cincinnati Gas and
Electric Company, Miami Fort Station, dated February 22, 1993.
(93) In a letter dated October 16, 1992, the OEPA submitted a
revision to the Carbon Monoxide State Implementation Plan for Cuyahoga
County. This revision contains a maintenance plan that the area will use
to maintain the CO NAAQS. The maintenance plan contains an oxygenated
fuels program as a contingency measure to be implemented if the area
violates the CO NAAQS.
(i) Incorporation by reference.
(A) Letter dated October 16, 1992, from Donald R. Schregardus,
Director, Ohio Environmental Protection Agency to Valdas Adamkus,
Regional Administrator, U.S. Environmental Protection Agency, Region 5
and its enclosures entitled ``Table 1 Cuyahoga County Carbon Monoxide
Emission Inventory'', Enclosure B ``Cuyahoga County carbon monoxide SIP
submittal'', and section 6.0 of Enclosure C ``Cuyahoga County Carbon
Monoxide Modeling Study Final Report.''
(ii) Additional information.
(A) Letter dated January 14, 1993, from Donald R. Schregardus,
Director, Ohio Environmental Protection Agency to Valdas Adamkus,
Regional Administrator, U.S. Environmental Protection Agency, Region 5.
(B) Letter dated February 10, 1993, from Robert F. Hodanbosi, Chief,
Division of Air Pollution Control, Ohio Environmental Protection Agency
to David Kee, Director, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 5.
(C) Letter dated July 29, 1993, from Robert F. Hodanbosi, Chief,
Division of Air Pollution Control, Ohio Environmental Protection Agency
to David Kee, Director, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 5.
(94) On June 24, 1985, the Ohio Environmental Protection Agency
submitted revisions to its ozone control State Implementation Plan which
would establish a volatile organic compounds (VOC) bubble and
alternative VOC reasonably available control technology for vinyl and U-
frame vinyl coating lines at Columbus Coated Fabrics in Franklin County,
Ohio.
(i) Incorporation by reference.
(A) Condition Number 8 (which references special Terms and
Conditions Numbers 1 through 7) within each of 15 State of Ohio
Environmental Protection Agency Permits and Variances to Operate an Air
Contaminant Source,

[[Page 623]]

Application Numbers 0125040031 K001 through 0125040031 K015 for Columbus
Coated Fabrics. The date of issuance is November 2, 1983. These permits
and variances are approved for the period 12/12/85 to 1/6/92.
(B) Condition Number 8 (which references special Terms and
Conditions Numbers 1 through 4) within each of 11 State of Ohio
Environmental Protection Agency Variances to Operate an Air Contaminant
Source, Application Numbers 0125040031 K016 through 0125040031 K026 for
Columbus Coated Fabrics. The date of issuance is November 2, 1983. These
variances are approved for the period 4/1/82 to 1/6/92.
(C) State of Ohio Environmental Protection Agency Orders to Modify
Variances to Operate modifying Special Condition Number 1 of Ohio
Environmental Protection Agency Variances to Operate an Air Contaminant
Source, Application Numbers 0125040031 K016 through 0125040031 K026 for
Columbus Coated Fabrics. The date of issuance is May 21, 1985. These
orders are approved for the period 4/1/82 to 1/6/92.
(95) On October 16, 1992, the State of Ohio submitted the tailpipe
test inspection and maintenance program revisions to its carbon monoxide
implementation plan for Cuyahoga County.
(i) Incorporation by reference.
(A) Ohio Administrative Code: amended rules, 3745-26-01 through
3745-26-09, effective May 15, 1990, and new rules, 3745-26-10 and 3745-
26-11, effective May 15, 1990.
(ii) Additional materials--Remainder of the State submittal.
(A) Letter from the Director, Ohio Environmental Protection Agency,
dated November 18, 1992, and additional materials.
(96) On June 9, 1988, and August 24, 1990, the Ohio Environmental
Protection Agency (OEPA) submitted revisions to the State Implementation
Plan for ozone. The revisions consist of new non-Control Technique
Guideline volatile organic compound (VOC) rules and corrections to
existing VOC rules.
(i) Incorporation by reference.
(A) OEPA Ohio Administrative Code (OAC) Rule 3745-21-01,
Definitions, Paragraphs (A), (B), (C), (D)(1) through (5), (D)(7),
(D)(9) through (62), (E) through (S); effective August 22, 1990.
(B) OEPA OAC Rule 3745-21-04, Attainment Dates and Compliance Time
Schedules, Paragraphs (A), (B), (C); effective August 22, 1990.
(C) OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile
Organic Compounds from Stationary Sources, Paragraphs (A), (B), (C)
through (H), (J), (K), (M), (P), (S), (T), (V), (X), (Y), (BB), (CC),
(FF) through (NN), (PP), effective August 22, 1990.
(D) OEPA OAC Rule 3745-21-10, Compliance Test Methods and
Procedures, Paragraphs (B), (D), (F), (G), (I) through (N), (P);
effective August 22, 1990.
(97) On November 14, 1991, December 4, 1991, and January 8, 1992,
OEPA submitted revisions to its particulate matter plan, including
Statewide rule revisions, rule revisions for specific facilities in
Cuyahoga and Jefferson Counties, and supplemental materials to address
the requirements of part D of title I of the Clean Air Act for the
Cuyahoga and Jefferson County nonattainment areas. Rules 3745-17-
03(B)(10)(c) and 3745-17-12(P)(6)(a) (concerning quench water limits)
are not approved.
(i) Incorporation by reference.
(A) Rule 3745-17-01--Definitions, effective December 6, 1991.
(B) Rule 3745-17-02--Ambient air quality standards, effective June
14, 1991.
(C) Rule 3745-17-03--Measurement methods and procedures, effective
December 6, 1991, except for paragraph (B)(10)(c) which is disapproved.
(D) Rule 3745-17-04--Compliance time schedules, effective December
6, 1991.
(E) Rule 3745-17-07--Control of visible particulate emissions from
stationary sources, effective June 14, 1991.
(F) Rule 3745-17-08--Restriction of emission of fugitive dust,
effective June 14, 1991.
(G) Rule 3745-17-09--Restrictions on particulate emissions and odors
from incinerators, effective July 9, 1991.
(H) Rule 3745-17-10--Restrictions on particulate emissions from fuel
burning equipment, effective June 14, 1991.
(I) Rule 3745-17-11--Restrictions on particulate emissions from
industrial processes, effective June 14, 1991.

[[Page 624]]

(J) Rule 3745-17-12--Additional restrictions on particulate
emissions from specific air contaminant sources in Cuyahoga County,
effective December 6, 1991, except for paragraph (P)(6)(a) which is
disapproved.
(K) Rule 3745-17-13--Additional restrictions on particulate
emissions from specific air contaminant sources in Jefferson County,
effective December 6, 1991.
(L) Rule 3745-17-14--Contingency plan requirements for Cuyahoga and
Jefferson Counties, effective December 6, 1991.
(M) Rule 3745-75-01--Applicability and definitions, effective July
9, 1991.
(N) Rule 3745-75-02--Emission limits, effective July 9, 1991.
(O) Rule 3745-75-03--Design parameters and operating restrictions,
effective July 9, 1991.
(P) Rule 3745-75-04--Monitoring requirements, effective July 9,
1991.
(Q) Rule 3745-75-05--Recordkeeping, effective July 9, 1991.
(R) Rule 3745-75-06--Certification and compliance time schedules,
effective July 9, 1991.
(ii) Additional information.
(A) Appendices A through P to a letter from Donald Schregardus to
Valdas Adamkus dated November 14, 1991, providing emissions inventories
and modeling demonstrations of attainment for the Cleveland and
Steubenville areas and providing other related information.
(B) A letter from Donald Schregardus to Valdas Adamkus dated
December 4, 1991, and attachments, supplementing the November 14, 1991,
submittal.
(C) A letter from Donald Schregardus to Valdas Adamkus dated January
8, 1992, and attachments, supplementing the November 14, 1991,
submittal.
(98) On April 20, 1994, and March 7, 1995, Ohio submitted Rule 3745-
35-07, entitled ``Federally Enforceable Limitations on Potential to
Emit,'' and requested authority to issue such limitations as conditions
in State operating permits.
(i) Incorporation by reference. Rule 3745-35-07, adopted November 3,
1994, effective November 18, 1994. Rescinded in 2008; see paragraph
(c)(156) of this section.
(99) [Reserved]
(100) On March 22, 1994, the Ohio Environmental Protection Agency
submitted a revision request to Ohio's ozone SIP for approval of the
State's emissions statement program. The emissions statement program
requirements apply to sources in the following counties: Ashtabula,
Butler, Clark, Clermont, Cuyahoga, Delaware, Franklin, Geauga, Greene,
Hamilton, Lake, Licking, Lorain, Lucas, Mahoning, Medina, Miami,
Montgomery, Portage, Stark, Summit, Trumbull, Warren, and Wood.
(i) Incorporation by reference.
(A) Ohio Administrative Code rules 3745-24-01, 3745-24-02, 3745-24-
03, and 3745-24-04, effective April 1, 1994.
(101) On November 12, 1993 the Ohio Environmental Protection Agency
submitted a vehicle inspection and maintenance program in accordance
with section 110 of the Clean Air Act as amended in 1990. The new
program replaces I/M programs in operation in the Cleveland and
Cincinnati areas and establishes new programs in Dayton and any area
designated moderate nonattainment or any area where local planning
authorities have requested the State to implement a program.
(i) Incorporation by reference.
(A) Ohio Administrative Code Amended Rules 3745-26-01, 3754-26-02,
3745-26-10, and rules 3745-26-12, 3745-26-13, and 3745-26-14, all made
effective on June 13, 1994.
(ii) Other material.
(A) Certification letter from the Director of the Ohio Environmental
Protection Agency regarding the State process in developing the I/M
rules and the I/M program.
(B) Letter dated June 22, 1994, from the Director of OEPA regarding
implementation of an I/M program in the Toledo area in the event the
State's request for redesignation to attainment for that area is not
approved by USEPA.
(102) On June 7, 1993, and February 17, 1995, the Ohio Environmental
Protection Agency (OEPA) submitted revisions to the State Implementation
Plan (SIP) for ozone. The revisions include 19 new non-Control Technique
Guideline volatile organic compound (VOC) rules, Findings and Orders for
5 companies, and two permits to install.

[[Page 625]]

(i) Incorporation by reference.
(A) OEPA OAC Rule 3745-21-01, Definitions, Paragraphs (Q); (T);
effective January 17, 1995.
(B) OEPA OAC Rule 3745-21-04, Attainment Dates and Compliance Time
Schedules, Paragraphs (C)(40); (C)(41); (C)(46); (C)(48); (C)(49);
(C)(50); (C)(51); (C)(53); (C)(54); (C)(59); (C)(60); (C)(61); (C)(62);
effective January 17, 1995.
(C) OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile
Organic Compounds from Stationary Sources, Paragraphs (FF), (GG), (HH),
(II), (JJ), (KK), (LL), (MM), (NN), (OO), (PP), (QQ), (SS), (TT), (YY),
(ZZ), (AAA); (BBB); effective January 17, 1995.
(1) Previously approved on October 31, 1995 in paragraph
(c)(102)(i)(C) of this section and now deleted without replacement: OEPA
OAC Rule 3745-21-09, Control of Emissions of Volatile Organic Compounds
from Stationary Sources, Paragraph (AAA), as adopted by Ohio on October
25, 2002, effective on November 5, 2002.
(D) Director's Final Findings and Orders for AK Steel Corporation
(Middletown), International Paper Company (Cincinnati), Midwest Mica &
Insulation Company (Cleveland), Reilly Industries, Inc. (Cleveland), and
Sprayon Products, Inc. (Bedford Heights), Issued by Ohio Environmental
Protection Agency on August 18, 1995.
(E) Permit to Install, Application Number 13-2396, for Excello
Specialty Company, APS Premise Number 1318607686. The date of issuance
is December 11, 1991.
(F) Permit to Install, Application Number 14-2096, for Hilton Davis
Company, APS Premise Number 1431070039. The date of issuance is June 12,
1991.
(103) On June 7, 1993, and February 17, 1995, the Ohio Environmental
Protection Agency (OEPA) submitted revisions to the State Implementation
Plan (SIP) for ozone. The revisions include one new non-Control
Technique Guideline volatile organic compound (VOC) rule, corrections to
existing VOC rules, and two permits-to-install.
(i) Incorporation by reference.
(A) OEPA Ohio Administrative Code (OAC) Rule 3745-21-01,
Definitions, Paragraphs (B)(1), (B)(2), (B)(6), (D)(6), (D)(8), (D)(22),
(D)(45), (D)(48), (D)(58), (M)(8); effective January 17, 1995.
(B) OEPA OAC Rule 3745-21-04, Attainment Dates and Compliance Time
Schedules, Paragraphs (B), (C)(3)(c), (C)(4)(b), (C)(5)(b), (C)(6)(b),
(C)(8) (b) and (c), (C)(9)(b), (C)(10)(b), (C)(19) (b), (c), and (d),
(C)(28)(b), (C)(38), (C)(39), (C)(42), (C)(43), (C)(44), (C)(45),
(C)(47), (C)(55), (C)(65); effective January 17, 1995.
(C) OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile
Organic Compounds from Stationary Sources, Paragraphs (A), (C) through
(L), (N) through (T), (X), (Y), (Z), (BB), (CC), (DD), (UU), Appendix A;
effective January 17, 1995.
(D) OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile
Organic Compounds from Stationary Sources, Paragraph (B) except
(B)(3)(d) and (e) for the Ohio Counties of Ashtabula, Butler, Clermont,
Cuyahoga, Geauga, Hamilton, Lake, Lorain, Medina, Portage, Summit, and
Warren; effective January 17, 1995.
(E) OEPA OAC Rule 3745-21-09, Control of Emissions of Volatile
Organic Compounds from Stationary Sources, Paragraph (U) except
(U)(1)(h) statewide and (U)(2)(e)(ii) for the Ohio Counties of
Ashtabula, Butler, Clermont, Cuyahoga, Geauga, Hamilton, Lake, Lorain,
Medina, Portage, Summit, and Warren; effective January 17, 1995.
(F) OEPA OAC Rule 3745-21-10, Compliance Test Methods and
Procedures, Paragraphs (A), (B), (C), (E), (O); effective January 17,
1995.
(G) Permit to Install, Application Number 04-204, for Abitibi-Price
Corporation, APS Premise Number 0448011192. The date of issuance is July
7, 1983.
(H) Permit to Install, Application Number 08-3273, for General
Motors Corporation Delco Chassis Division, APS Premise Number
0857040935. The date of issuance is February 13, 1995.
(ii) Additional material.
(A) On June 7, 1993, the OEPA submitted negative declarations for
the source categories of polypropylene or high density polyethylene
resin manufacturing, natural gas/gasoline processing plants, and surface
coating of flat wood paneling. These negative declarations are approved
into the Ohio ozone SIP.

[[Page 626]]

(B) On February 21, 1995, the OEPA submitted a list of facilities
subject to the post-enactment source categories listed in Appendix E to
the General Preamble. 57 FR 18070, 18077 (April 28, 1992). This list is
approved into the Ohio ozone SIP.
(104) On June 7, 1993, the Ohio Environmental Protection Agency
(OEPA) submitted a revision request to Ohio's ozone SIP for approval of
the State's Stage II vapor recovery program. The Stage II program
requirements apply to sources in the following areas: Cincinnati-
Hamilton; Cleveland-Akron-Lorain; and Dayton-Springfield.
(i) Incorporation by reference.
(A) OEPA Ohio Administrative Code (OAC) Rule 3745-21-04, Attainment
Dates and Compliance Time Schedules, Paragraph (C)(64); effective date
March 31, 1993.
(B) OEPA OAC Rule 3745-21-10, Compliance Test Methods and
Procedures, Paragraphs (Q), (R), (S), Appendices A, B, C; effective date
March 31, 1993.
(C) Ohio Administrative Code rules 3745-21-09(DDD)(1)-(4), effective
date March 31, 1993.
(105) On September 17, 1993, the Ohio Environmental Protection
Agency requested the redesignation of Lucas and Wood Counties to
attainment of the National Ambient Air Quality Standard for ozone. To
meet the redesignation criteria set forth by section 107(d)(3)(E) (iii)
and (iv), Ohio credited emissions reductions from the enclosure of the
``oily ditch'' at the British Petroleum Refinery in Oregon, Ohio. The
USEPA is approving the Director's Finding and Order which requires the
enclosure of the ``oily ditch'' into the SIP for Lucas and Wood
Counties.
(i) Incorporation by reference.
(A) Letter dated June 2, 1994, from Donald R. Schregardus, Director,
Ohio Environmental Protection Agency, to Valdas Adamkus, Regional
Administrator, USEPA, Region 5, and one enclosure which is the revised
Director's Final Findings and Orders in the matter of BP Oil company,
Toledo Refinery, 4001 Cedar Point Road, Oregon, Ohio, Fugitive Emissions
from the Refinery Waste Water System ``Oily Ditch'', effective June 2,
1994.
(106) On October 7, 1994, Ohio submitted four rules in Chapter 3745-
71 of the Ohio Administrative Code, entitled ``Lead Emissions,'' and
submitted a modeling demonstration that the limitations in these rules
assure attainment of the lead standard in central Cleveland.
(i) Incorporation by reference. Rules 3745-71-01, 3745-71-03, 3745-
71-05, and 3745-71-06, all adopted September 22, 1994, and effective
October 4, 1994.
(ii) Additional material. A submittal letter from the Director of
the Ohio Environmental Protection Agency, with attachments documenting a
modeling analysis of lead concentrations near the Master Metals
secondary lead smelter.
(107) Approval--On August 17, 1995, the Ohio Environmental
Protection Agency submitted a revision to the State Implementation Plan
for general conformity rules. The general conformity rules enable the
State of Ohio to implement and enforce the Federal general conformity
requirements in the nonattainment or maintenance areas at the State or
local level in accordance with 40 CFR part 93, subpart B--Determining
Conformity of General Federal Actions to State or Federal Implementation
Plans.
(i) Incorporation by reference. August 1, 1995, Ohio Administrative
Code Chapter 3745-102, effective August 21, 1995.
(108) [Reserved]
(109) On July 17, 1995, Ohio submitted a Particulate Matter (PM)
contingency measures State Implementation Plan (SIP) revision request.
The submittal includes Final Findings and Orders for 5 companies. The
Findings and Orders provide PM emission reductions which will take
effect if an area fails to attain the National Ambient Air Quality
Standards for PM.
(i) Incorporation by reference. Director's Final Findings and Orders
for Ford Motor Company (Cleveland Casting Plant), T&B Foundry Company,
International Mill Service, Luria Brothers, and United Ready Mix, issued
by the Ohio Environmental Protection Agency on July 10, 1995.
(110) On November 3, 1995, December 21, 1995, and March 21, 1996,
OEPA submitted revisions to its particulate matter plan, addressing
prior deficiencies

[[Page 627]]

in its plans for Cuyahoga and Jefferson Counties.
(i) Incorporation by reference.
(A) Rule 3745-17-03--Rule 3745-17-03--Measurement methods and
procedures, effective November 15, 1995.
(B) Rule 3745-17-04--Compliance time schedules, effective November
15, 1995.
(C) Rule 3745-17-12--Additional restrictions on particulate
emissions from specific air contaminant sources in Cuyahoga County,
effective November 15, 1995.
(D) Findings and Orders issued to the Wheeling-Pittsburgh Steel
Corporation, signed by Donald Schregardus and effective on October 31,
1995.
(ii) Additional material--Dispersion modeling analyses for the
Steubenville area and for Cuyahoga County near Ford's Cleveland Casting
Plant.
(111) On July 18, 1996, the Ohio Environmental Protection Agency
submitted a site specific State Implementation Plan revision for Ohio
Edison's Sammis and Toronto plants for Sulfur Dioxide. The revisions for
the Sammis plant provide ``as an alternative'' to the existing boiler
specific regulations a limit of ``2.91 lbs./MMBTU actual heat input from
each boiler''. The regulation for the Toronto plant reduces allowable
emissions to 2.0 lbs./MMBTU.
(i) Incorporation by reference.
(A) Ohio Administrative Code (OAC) Rule 3745-18-47, effective July
25, 1996.
(112) On August 29, 1996, the United States Environmental Protection
Agency received from the Ohio Environmental Protection Agency, changes
to the approved vehicle inspection and maintenance (I/M) program which
control the release of volatile organic compounds from vehicles. These
changes provide a repair spending cap of $300 and a temporary hardship
extension of time up to 6 months for owners to perform needed repairs on
vehicles which fail the I/M program test.
(i) Incorporation by reference.
(A) Rule 3745-26-01--Definitions effective May 15, 1996.
(B) Rule 3745-26-12--Requirements for motor vehicle owners in the
enhanced or opt-in enhanced automobile inspection and maintenance
program, effective May 15, 1996.
(113) On August 30, 1996, Ohio submitted a request to extend the
exemption from opacity limits for the boilers at Ford's Cleveland Engine
Plant 1 to six hours after start-up.
(i) Incorporation by reference.
(A) Findings and Orders for boilers number 1 through number 5 at
Ford's Cleveland Engine Plant 1, signed by Donald Schregardus on May 31,
1996.
(114) On November 12, 1996, the Ohio Environmental Protection Agency
submitted a request to incorporate section(G)(9)(g) of Rule 3745-21-07
of the Ohio Administrative Code into the Ohio State Implementation Plan
(SIP). Section (G)(9)(g) provides an additional exemption from organic
compound emission controls for qualifying new sources. Because, in the
process of adopting section(G)(9)(g), minor editorial changes were made
to other parts of Rule 3745-21-07, the United States Environmental
Protection Agency is incorporating all of Rule 3745-21-07 into the Ohio
SIP. This will avoid confusion by making the SIP approved rule identical
to the current State rule.
(i) Incorporation by reference.
(A) Rule 3745-21-07 of the Ohio Administrative Code, adopted October
7, 1996, effective October 31, 1996, as certified by Donald R.
Schregardus, Director of the Ohio Environmental Protection Agency.
Rescinded in 2008; see paragraph 154 of this section.
(115) On January 3, 1997, the Ohio EPA submitted a revision to the
Hamilton County sulfur dioxide implementation plan for the Procter and
Gamble Company, Ohio Administrative Code 3745-18-37(GG)(2), which limits
combined average operating rate of all boilers (B001, B008, B021, and
B022) to a maximum of 922 million BTU per hour for any calendar day.
Boilers B001 and B008 are each allowed to emit 1.1 pounds of sulfur
dioxide per million BTU actual heat input. Boiler B021 is limited to
1.50 pounds of sulfur dioxide per million BTU; and boiler B022 is
limited to 2.0 pounds of sulfur dioxide per million BTU average heat
input.
(i) Incorporation by reference.
(A) Ohio Administrative Code (OAC) Rule 3745-18-37(GG)(2), Hamilton
County emission limits, dated December 17, 1996, for Procter and Gamble
Company.
(B) Director's Findings and Orders in the matter of the adoption of
amended

[[Page 628]]

Rule 3745-18-37 of the Ohio Administrative Code, dated December 17,
1996.
(ii) Additional materials.
(A) Letter from Ohio EPA Director Donald R. Schregardus to Regional
Administrator Valdas Adamkus, dated January 3, 1997.
(B) Letter from Ohio EPA Air Pollution Control Division Chief,
Robert Hodanbosi to EPA dated August 11, 1997.
(116) On December 9, 1996, the Ohio Environmental Protection Agency
submitted two revisions to its sulfur dioxide rules. The first revision
provides adjusted, State adopted limits for a Sun Oil Company facility.
The second revision, applicable Statewide, exempts sources from
operating hour limits on days when only natural gas is burned. Further,
by letter of December 15, 1997, the State requested that U.S.
Environmental Protection Agency address the addition of emission limits
for stationary gas turbines and stationary internal combustion engines
in rule 3745-18-06 that have been adopted previously.
(i) Incorporation by reference.
(A) Ohio Administrative Code (OAC) rule 3745-18-54 (O) and OAC rule
3745-18-06, adopted October 7, 1996, effective October 31, 1996.
(117) On August 1, 1997 the Ohio Environmental Protection Agency
submitted a requested revision to the Ohio State Implementation Plan.
This revision constituted amendments to the emissions statement
reporting regulations approved on October 13, 1994 and codified in
paragraph (c)(100) of this section. The revision is intended to limit
the applicability of these rules to stationary sources located within
the State's marginal and above ozone nonattainment areas.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule 3745-24-02 Applicability.
Effective July 31, 1997.
(118) On August 20, 1998, Ohio submitted material including State
adopted limits for Lake County, and requested approval of limits for the
Ohio First Energy Eastlake Plant and the Ohio Rubber Company Plant.
(i) Incorporation by reference.
(A) Rule 3745-18-49 (G) and (H) of the Ohio Administrative Code,
effective May 11, 1987.
(119) On September 21, 1998, Ohio submitted revisions to its Permit
to Operate rules as a revision to the State implementation plan.
(i) Incorporation by reference
(A) Ohio Administrative Code 3745-35-02, adopted April 4, 1994,
effective April 20, 1994. Rescinded in 2008; see paragraph (c)(156) of
this section.
(120) On January 3, 1999, Ohio submitted, as a State implementation
plan revision, de minimis exemption provisions for its permitting rules.
(i) Incorporation by reference
(A) Ohio Administrative Code 3745-15-05, adopted April 4, 1994,
effective April 20, 1994.
(121) On March 20, 2000, the Ohio Environmental Protection Agency
submitted rules to control sulfur dioxide emissions in Coshocton, Gallia
and Lorain Counties.
(i) Incorporation by reference. Rules OAC 3745-18-22; OAC 3745-18-
33; and OAC 3745-18-53. Adopted March 1, 2000; effective March 21, 2000.
(122) On October 6, 1999, the Ohio Environmental Protection Agency
submitted revised Transportation Conformity rules for the State of Ohio.
The submittal made revisions to the current State plan for the
implementation of the federal transportation conformity requirements at
the State and local level in accordance with 40 CFR part 51, subpart T--
Conformity to State or Federal Implementation Plans of Transportation
Plans, Programs, and Projects Developed, Funded or Approved Under Title
23 U.S.C. or the Federal Transit Act. Only certain sections of the
submittal are approved.
(i) Incorporation by reference.
(A) Ohio Administrative Code: amended rules, OAC 3745-101-02, OAC
3745-101-03 (A), (B), (C), (D), (G), (H), (I), (J), (K), (L), except (E)
and (F), OAC 3745-101-05, OAC 3745-101-06, OAC 3745-101-07 (A), (B), (C)
except for (C)(1)(a) and (C)(2)(a), (D), (E), (F), (G), (H), (I), (J),
OAC 3745-101-08, OAC 3745-101-09, OAC 3745-101-10, OAC 3745-101-11, OAC
3745-101-12 except for (A)(2), OAC 3745-101-13 except (A)(1), OAC 3745-
101-14, OAC 3745-101-15, OAC 3745-101-17, OAC

[[Page 629]]

3745-101-18, OAC 3745-101-19, effective on February 16, 1999.
(B) No action is being taken on: OAC 3745-101-04.
(123) On July 6, 2000, the State of Ohio submitted a site-specific
State Implementation Plan (SIP) revision affecting Volatile Organic
Compound control requirements at Morgan Adhesives Company in Stow, Ohio.
The SIP revision establishes an alternative control strategy for
limiting volatile organic compound emissions from coating lines at its
pressure sensitive tape and manufacturing plant in Stow.
(i) Incorporation by reference. July 5, 2000, Director's Final
Findings and Orders of the Ohio Environmental Protection Agency in the
matter of: Morgan Adhesives Company, effective on July 5, 2000.
(124) On November 9, 2000, Ohio submitted Director's Final Findings
and Orders revising sulfur dioxide emissions regulations for the
Lubrizol Corporation facility in Lake County, Ohio. The revisions
include the adjustment of six short-term emissions limits, the addition
of an annual emissions limit, and the addition of a continuous emissions
monitoring system (CEMS). These state implementation plan revisions do
not increase allowable sulfur dioxide emissions.
(i) Incorporation by reference. Emissions limits for the Lubrizol
Corporation facility in Lake County contained in Director's Final
Findings and Orders. The orders were effective on November 2, 2000 and
entered in the Director's Journal on November 9, 2000.
(125) On March 20, 2000, the Ohio Environmental Protection Agency
submitted revised rules to control sulfur dioxide emissions in Butler
and Pickaway Counties, and a revision to compliance time schedules as
well as measurement methods and procedures for SO2 sources
for the State of Ohio. Ohio has rescinded OAC 3745-18-04 (G), which had
special emission calculation procedures for Hamilton County.
(i) Incorporation by reference.
(A) Rules OAC 3745-18-03(A)(2)(d); OAC 3745-18-03(B)(4); OAC 3745-
18-03(B)(8); OAC 3745-18-03(C)(6); OAC 3745-18-03(C)(10); 3745-18-
04(D)(8); 3745-18-04(D)(9); OAC 3745-18-04(E)(7); OAC 3745-18-04(F); OAC
3745-18-15; OAC 3745-18-71. Adopted March 1, 2000, effective March 21,
2000.
(B) Rule OAC 3745-18-49(F), effective May 11, 1987.
(126) On March 1, 1996, and several subsequent dates, Ohio submitted
revisions to its Permit to Install rules as a revision to the State
implementation plan.
(i) Incorporation by reference.
(A) Ohio Administrative Code (OAC) Rule 3745-31-21, effective April
27, 1998; OAC Rules 3745-31-22 through 3745-31-27, effective April 12,
1996; OAC Rules 3745-47-01, 3745-47-2, and 3745-47-03, effective June
30, 1981; OAC Rule 3745-47-05, effective June 30, 1981; OAC Rule 3745-
47-07, effective June 30, 1981; and OAC Rule 3745-47-08(D), effective
August 10, 1999.
(127) On July 18, 2002, Ohio submitted revisions to its Permit to
Install rules as a revision to the State implementation plan.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rules 3745-31-01, 3745-31-02, 3745-31-
03, 3745-31-05, and 3745-31-07 effective November 30, 2001.
(128) On July 11, 2002, the Ohio Environmental Protection Agency
submitted revisions to Chapter 3745-14-(1 through 11) of the Ohio
Administrative Code (OAC), an oxides of nitrogen (NOX) budget
trading program in Ohio, with a request that the Ohio State
Implementation Plan be revised to include these NOX rules.
(i) Incorporation by reference.
(A) Ohio NOX rules: 3745-14-01, 3745-14-02, 3745-14-03,
3745-14-04, 3745-14-05, 3745-14-06, 3745-14-07, 3745-14-08, 3745-14-09,
3745-14-10, 3745-14-11 in the OAC all with an effective date of July 18,
2002.
(ii) On June 25, 2003, the Ohio Environmental Protection Agency
submitted a letter committing to change the flow control date, in rule
3745-14-06(E)(6) from 2006 to 2005, within approximately 6 months of the
effective date of the submittal date.
(129) On September 27, 2003, the Ohio Environmental Protection
Agency submitted revised rules for sulfur dioxide. The submittal
includes revised provisions in Rules 3745-18-01, 3745-18-04, and 3745-
18-06, relating to natural gas use, as well as special provisions in
Rule 3745-18-04 for compliance testing for

[[Page 630]]

Lubrizol in Lake County. The submittal includes recently revised Ohio
limits in Cuyahoga, Lake, Mahoning, Monroe, and Washington Counties, as
well as previously adopted source-specific limits in Adams, Allen,
Clermont, Lawrence, Montgomery, Muskingum, Pike, Ross, and Wood Counties
that had not previously been subject to EPA rulemaking.
(i) Incorporation by reference.
(A) Rules OAC 3745-18-01; OAC 3745-18-04(F); OAC 3745-18-04(J); OAC
3745-18-06; OAC 3745-18-24; OAC 3745-18-49; OAC 3745-18-56; OAC 3745-18-
62; and OAC 3745-18-90. Adopted August 19, 2003, effective September 1,
2003.
(B) Rules OAC 3745-18-07(B); OAC 3745-18-08(H); OAC 3745-18-19(B);
OAC 3745-18-66(C); OAC 3745-18-72(B);, effective May 11, 1987.
(C) OAC 3745-18-50(C); OAC 3745-18-77(B); effective December 28,
1979.
(D) OAC 3745-18-63(K) and (L); and OAC 3745-18-93(B) and (C);
effective December 1, 1984.
(ii) Additional material--Letter from Robert Hodanbosi, Chief of the
Division of Air Pollution Control of the Ohio EPA, to Thomas Skinner,
Regional Administrator for Region 5 of USEPA, dated September 27, 2003.
(130) On November 26, 2003, the Ohio Environmental Protection Agency
submitted revisions to OAC rule 3745-14-06 (NOX Allowance
Tracking System) that changes the flow control date to 2005.
(i) Incorporation by reference.
(A) Amended OAC rule 3745-14-06. Adopted by the Ohio Environmental
Protection Agency on November 12, 2003. Effective November 24, 2003.
(B) [Reserved]
(131) [Reserved]
(132) On June 28, 2004, the Ohio Environmental Protection Agency
submitted revisions to OAC rule 3745-14-01. These revisions change the
definition of ``boiler'' by excluding from the trading program carbon
monoxide (CO) boilers associated with combusting CO from fluidized
catalytic cracking units at petroleum refineries. The submittal also
includes revisions to OAC rule 3745-14-03 (A housekeeping correction to
reference OAC Chapter 3745-77 concerning Title V operating permit) and
3745-14-05 (Revising the number of trading program budget allowances and
source identification for the ozone seasons 2004 through 2007).
(i) Incorporation by reference.
(A) Ohio Administrative Code rules 3745-14-01, 3745-14-03, and 3745-
14-05, effective May 25, 2004.
(133) On May 20, 2005, the Ohio Environmental Protection Agency
submitted volatile organic compound (VOC) regulations for five source
categories in the Cincinnati ozone nonattainment area. These regulations
complete the requirement that all VOC reasonably available control
technology (RACT) regulations, for which there are eligible sources,
have been approved by EPA into the SIP for the Cincinnati ozone
nonattainment area.
(i) Incorporation by Reference. The following sections of the Ohio
Administrative Code (OAC) are incorporated by reference.
(A) OAC rule 3745-21-01(U), (definitions for commercial bakery oven
facilities), effective May 27, 2005.
(B) OAC rule 3745-21-01(V), (definitions for reactors and
distillation units employed in SOCMI chemical production), effective May
27, 2005.
(C) OAC rule 3745-21-01(W), (definitions for batch operations),
effective May 27, 2005.
(D) OAC rule 3745-21-01(X), (definitions for wood furniture
manufacturing operations), effective May 27, 2005.
(E) OAC rule 3745-21-01(Y), (definitions for industrial wastewater),
effective May 27, 2005.
(F) OAC rule 3745-21-12: ``Control of Volatile Organic Compound
Emissions from Commercial Bakery Oven Facilities'', effective May 27,
2005.
(G) OAC rule 3745-21-13: ``Control of Volatile Organic Compound
Emissions from Reactors and Distillation Units Employed in SOCMI
Chemical Production'', effective May 27, 2005.
(H) OAC rule 3745-21-14: ``Control of Volatile Organic Compound
Emissions from Process Vents in Batch Operations'', effective May 27,
2005.
(I) OAC rule 3745-21-15: ``Control of Volatile Organic Compound
Emissions from Wood Furniture Manufacturing Operations'', effective May
27, 2005.
(J) OAC rule 3745-21-16: ``Control of Volatile Organic Compound
Emissions from Industrial Wastewater'', effective May 27, 2005.

[[Page 631]]

(134) On July 18, 2000, the Ohio Environmental Protection Agency
submitted revised rules for particulate matter. Ohio adopted these
revisions to address State-level appeals by various industry groups of
rules that the State adopted in 1995 that EPA approved in 1996. The
revisions provide reformulated limitations on fugitive emissions from
storage piles and plant roadways, selected revisions to emission limits
in the Cleveland area, provisions for Ohio to follow specified criteria
to issue replicable equivalent visible emission limits, the correction
of limits for stationary combustion engines, and requirements for
continuous emissions monitoring as mandated by 40 CFR part 51, Appendix
P. The State's submittal also included modeling to demonstrate that the
revised Cleveland area emission limits continue to provide for
attainment of the PM10 standards. EPA is disapproving two
paragraphs that would allow revision of limits applicable to Ford Motor
Company's Cleveland Casting Plant through permit revisions without the
full EPA review provided in the Clean Air Act.
(i) Incorporation by reference.
(A) The following rules in Ohio Administrative Code Chapter 3745-17
as effective January 31, 1998: Rule OAC 3745-17-01, entitled
Definitions, Rule OAC 3745-17-03, entitled Measurement methods and
procedures, Rule OAC 3745-17-04, entitled Compliance time schedules,
Rule OAC 3745-17-07, entitled Control of visible particulate emissions
from stationary sources, Rule OAC 3745-17-08, entitled Restriction of
emission of fugitive dust, Rule OAC 3745-17-11, entitled Restrictions on
particulate emissions from industrial processes, Rule OAC 3745-17-13,
entitled Additional restrictions on particulate emissions from specific
air contaminant sources in Jefferson county, and OAC 3745-17-14,
entitled Contingency plan requirements for Cuyahoga and Jefferson
counties.
(B) Rule OAC 3745-17-12, entitled Additional restrictions on
particulate emissions from specific air contaminant sources in Cuyahoga
county, as effective on January 31, 1998, except for paragraphs (I)(50)
and (I)(51).
(C) Engineering Guide 13, as revised by Ohio EPA, Division
of Air Pollution Control, on June 20, 1997.
(D) Engineering Guide 15, as revised by Ohio EPA, Division
of Air Pollution Control, on June 20, 1997.
(ii) Additional material.
(A) Letter from Robert Hodanbosi, Chief of Ohio EPA's Division of
Air Pollution Control, to EPA, dated February 12, 2003.
(B) Telefax from Tom Kalman, Ohio EPA, to EPA, dated January 7,
2004, providing supplemental documentation of emissions estimates for
Ford's Cleveland Casting Plant.
(C) Memorandum from Tom Kalman, Ohio EPA to EPA, dated February 1,
2005, providing further supplemental documentation of emission
estimates.
(D) E-mail from Bill Spires, Ohio EPA to EPA, dated April 21, 2005,
providing further modeling analyses.
(135) On May 9, 2006, the Ohio Environmental Protection Agency
submitted several volatile organic compound rules for approval into the
Ohio State Implementation Plan.
(i) Incorporation by reference.
(A) Ohio Administrative Code Chapter 3745-21-01 Definitions:
Paragraphs (D) and (Z), adopted 1/31/2006, effective 2/10/2006.
(B) Ohio Administrative Code Chapter 3745-21-04 Attainment dates and
compliance time schedules: Paragraph (C)(16)(c), adopted 1/31/2006,
effective 2/10/2006.
(C) Ohio Administrative Code Chapter 3745-21-09 Control of emissions
of volatile organic compounds from stationary sources and
perchloroethylene from dry cleaning facilities: Paragraphs
(O)(2)(e),(O)(6)(b),(T)(4),(Y), (HH), (RR), and (VV), adopted 3/2/2006,
effective 3/12/2006.
(D) Ohio Administrative Code Chapter 3745-21-17: Portable Fuel
Containers, adopted 1/31/2006, effective 2/10/2006.
(E) Ohio Administrative Code Chapter 3745-21-18: Commercial Motor
Vehicle and Mobile Equipment Refinishing Operations, adopted 1/31/2006,
effective 2/10/2006.
(136) On May 16, 2006, Ohio submitted numerous regulations for
sulfur dioxide. These regulations were submitted

[[Page 632]]

to replace the remaining federally promulgated regulations, to make
selected revisions to applicable limits, and to update company names and
make other similar administrative changes. On December 10, 2007, Ohio
submitted a corrected rule for Stark County.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rules 3745-18-01 ``Definitions and
incorporation by reference.'', 3745-18-02 ``Ambient air quality
standards; sulfur dioxide.'', 3745-18-03 ``Attainment dates and
compliance time schedules.'', 3745-18-06 ``General emission limit
provisions.'', 3745-18-10 ``Ashtabula County emission limits.'', 3745-
18-11 ``Athens County emission limits.'', 3745-18-12 ``Auglaize County
emission limits.'', 3745-18-17 ``Champaign County emission limits.'',
3745-18-18 ``Clark County emission limits.'', 3745-18-28 ``Erie County
emission limits.'', 3745-18-29 ``Fairfield County emission limits.'',
3745-18-31 ``Franklin County emission limits.'', 3745-18-34 ``Geauga
County emission limits.'', 3745-18-35 ``Greene County emission
limits.'', 3745-18-37 ``Hamilton County emission limits.'', 3745-18-38
``Hancock County emission limits.'', 3745-18-49 ``Lake County emission
limits.'', 3745-18-50 ``Lawrence County emission limits.'', 3745-18-53
``Lorain County emission limits.'', 3745-18-57 ``Marion County emission
limits.'', 3745-18-61 ``Miami County emission limits.'', 3745-18-63
``Montgomery County emission limits.'', 3745-18-66 ``Muskingum County
emission limits.'', 3745-18-68 ``Ottawa County emission limits.'', 3745-
18-69 ``Paulding County emission limits.'', 3745-18-72 ``Pike County
emission limits.'', 3745-18-76 ``Richland County emission limits.'',
3745-18-77 ``Ross County emission limits.'', 3745-18-78 ``Sandusky
County emission limits.'', 3745-18-79 ``Scioto County emission
limits.'', 3745-18-80 ``Seneca County emission limits.'', 3745-18-81
``Shelby County emission limits.'', 3745-18-83 ``Summit County emission
limits.'', 3745-18-84 ``Trumbull County emission limits.'', 3745-18-85
``Tuscarawas County emission limits.'', 3745-18-87 ``Van Wert County
emission limits.'', 3745-18-90 ``Washington County emission limits.'',
3745-18-91 ``Wayne County emission limits.'', and 3745-18-93 ``Wood
County emission limits.'', adopted on January 13, 2006, effective
January 23, 2006.
(B) January 13, 2006, ``Director's Final Findings and Orders'',
signed by Joseph P. Koncelik, Director, Ohio Environmental Protection
Agency, adopting the rules identified in paragraph (A) above.
(C) Ohio Administrative Code Rules 3745-18-08 ``Allen County
emission limits.'', 3745-18-15 ``Butler County emission limits.'', 3745-
18-24 ``Cuyahoga County emission limits.'', and 3745-18-54 ``Lucas
County emission limits.'', adopted on March 16, 2006, effective March
27, 2006.
(D) March 16, 2006, ``Director's Final Findings and Orders'', signed
by Joseph P. Koncelik, Director, Ohio Environmental Protection Agency,
adopting rules 3745-18-08, 3745-18-15, 3745-18-24, and 3745-18-54.
(E) Ohio Administrative Code Rule 3745-18-82 ``Stark County emission
limits.'', adopted on November 28, 2007, effective December 8, 2007.
(F) November 28, 2007, ``Director's Final Findings and Orders'',
signed by Chris Korleski, Director, Ohio Environmental Protection
Agency, adopting rule 3745-18-82.
(137) On January 31, 2007, Ohio requested to rescind certain
transportation conformity rules from the Ohio State Implementation Plan,
which were previously approved in paragraph (c)(122) of this section.
The rules that are being rescinded at Ohio's request are 3745-101-05,
3745-101-06, 3745-101-07, 3745-101-08, 3745-101-09, 3745-101-10, 3745-
101-11, 3745-101-12, 3745-101-13, 3745-101-15, 3745-101-16, 3745-101-18,
3745-101-19, and 3745-101-20.
(138) On February 14, 2006, and October 6, 2006, the State of Ohio
submitted a revision to the Ohio State Implementation Plan. This
revision is for the purpose of establishing a gasoline Reid Vapor
Pressure (RVP) limit of 7.8 pounds per square inch (psi) for gasoline
sold in the Cincinnati and Dayton areas which include Hamilton, Butler,
Warren, Clermont, Clark, Greene, Miami, and Montgomery Counties.
(139) On May 1, 2006, and supplemented on May 22, 2007, Ohio
submitted final adopted state implementation plan revisions which
concurrently rescinds and revises portions of the Ohio

[[Page 633]]

Administrative Code Chapter 3745-24 to be consistent with the Clean Air
Act emission statement program reporting requirements for stationary
sources. This revision includes amendments to the emission reporting
regulation approved on October 13, 1994, and March 23, 1998, codified in
paragraphs (c)(100) and (c)(117) of this section. The revision makes the
rule more general to apply to all counties designated nonattainment for
ozone, and not to a specific list of counties.
(i) Incorporation by reference. The following sections of the Ohio
Administrative Code (OAC) are incorporated by reference.
(A) OAC Rule Chapter 3745-24-01: ``Definitions'', effective on
December 16, 2005.
(B) OAC Rule Chapter 3745-24-02: ``Applicability'', effective on
December 16, 2005.
(C) OAC Rule Chapter 3745-24-03: ``Deadlines for the submission of
the emission statements'', effective on December 16, 2005.
(140) On July 15, 2009, and August 13, 2009, Ohio submitted rules
addressing the requirements of the Clean Air Interstate Rule.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule 3745-109-01 ``CAIR NOX
annual, CAIR SO2 and CAIR NOX ozone season trading
programs definitions and general provisions.'', Rule 3745-109-04 ``CAIR
NOX allowance allocations.'', Rule 3745-109-07 ``Monitoring
and Reporting.'', Rule 3745-109-08 ``CAIR NOX opt-in
units.'', Rule 3745-109-11 ``CAIR SO2 allowance tracking
system.'', Rule 3745-109-12 ``CAIR SO2 allowance
transfers.'', Rule 3745-109-13 ``Monitoring and reporting.'', Rule 3745-
109-14 ``CAIR SO2 opt-in units.'', Rule 3745-109-17 ``CAIR
NOX ozone season allowance allocations.'', Rule 3745-109-18
``CAIR NOX ozone season allowance tracking system.'', Rule
3745-109-19 ``CAIR NOX ozone season allowance transfers.'',
Rule 3745-109-20 ``Monitoring and reporting.'', and Rule 3745-109-21
``CAIR NOX ozone season opt-in units.'', adopted on July 6,
2009, effective on July 16, 2009.
(B) July 6, 2009, ``Director's Final Findings and Orders'', signed
by Chris Korleski, Director, Ohio Environmental Protection Agency.
(C) Ohio Administrative Code Rule 3745-109-02 ``CAIR designated
representative for CAIR NOX sources.'', Rule 3745-109-03
``Permits.'', Rule 3745-109-05 ``CAIR NOX allowance tracking
system.'', Rule 3745-109-06 ``CAIR NOX allowance
transfers.'', Rule 3745-109-09 ``CAIR designated representative for CAIR
SO2 sources.'', Rule 3745-109-10 ``Permits.'', Rule 3745-109-
15 ``CAIR designated representative for CAIR NOX ozone season
sources.'', and Rule 3745-109-16 ``Permits.'', adopted on September 17,
2007, effective on September 27, 2007.
(D) September 17, 2007, ``Director's Final Findings and Orders'',
signed by Chris Korleski, Director, Ohio Environmental Protection
Agency.
(141) Ohio Environmental Protection Agency, on June 16, 2005,
submitted amendments to the State Implementation Plan to control
nitrogen oxide emissions from internal combustion engines in new rule
Ohio Administrative Code (OAC) 3745-14-12. This rule adds stationary
internal combustion engines to the list of sources in the Ohio
NOX SIP Call emission reduction program. Also, OAC 3745-14-
01, General Provisions, is amended. This rule contains definitions used
for the nitrogen oxides rules, expands the definition of NOX
budget unit, adds definitions for the internal combustion engine rule,
amends definition associated with continuous emissions monitoring, and
makes corrections to typographical errors. OAC 3745-14-05 Portions of
this rule are amended to correctly line up with the changes made in the
definitions section of the NOX plan. Typographical errors are
also corrected.
(i) Incorporation by reference. The following sections of the Ohio
Administrative Code (OAC) are incorporated by reference.
(A) OAC 3745-14-01, General Provisions, effective on May 07, 2005.
(B) OAC 3745-14-05, NOX Allowance Allocations, effective
on May 07, 2005.
(C) OAC 3745-14-12, Stationary Internal Combustion Engines,
effective on May 7, 2005.
(142) [Reserved]

[[Page 634]]

(143) On September 7, 2006, Ohio submitted revisions to Ohio
Administrative Code Chapter 3745-19, Rules 3745-19-01 through 3745-19-05
including the 3754-19-03 Appendix. The revisions update Ohio's open
burning regulations. Ohio added requirements for specific types of
burning: emergency burning, recreational fires, hazardous material
disposal, and firefighting training. The State also added or refined
some of the definitions.
(i) Incorporation by reference.
(A) Ohio Administrative Code Chapter 3745: Ohio Environmental
Protection Agency, Chapter 19: Open Burning Standards, Rule 3745-19-01:
Definitions, Rule 3745-19-02: Relations to Other Prohibitions, Rule
3745-19-03: Open Burning in Restricted Areas with Appendix ``Open
Burning of Storm Debris Conditions'', Rule 3745-19-04: Open Burning in
Unrestricted Areas, and Rule 3745-19-05: Permission to Individuals and
Notification to the Ohio EPA. The rules were effective on July 7, 2006.
(B) June 27, 2006, ``Director's Final Findings and Orders'', signed
by Joseph P. Koncelik, Director, Ohio Environmental Protection Agency,
adopting rules 3745-19-01, 3745-19-02, 3745-19-03, 3745-19-04, and 3745-
19-05.
(144) The Ohio Environmental Protection Agency formally submitted
revisions to Ohio's Administrative Code on August 7, 2007. These
revisions consists of Rule 3745-21-17 which impacts sale, use, and
manufacture of Portable Fuel Containers in the State of Ohio.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule 3745-21-17 ``Portable fuel
containers'', adopted on June 11, 2007, effective on June 21, 2007.
(B) June 11, 2007, ``Director's Final Findings and Orders'', signed
by Chris Korleski, Director, Ohio Environmental Protection Agency.
(145) On September 14, 2004, Ohio submitted modifications to its
Prevention of Significant Deterioration and nonattainment New Source
Review rules as a revision to the State implementation plan.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule 3745-31-01, Definitions: (C), (D),
(E), (J), (M), (N), (O), (P), (Q), (S), (T), (U), (V), (W), (X), (DD),
(EE), (FF), (GG), (JJ), (MM), (NN), (QQ), (DDD), (EEE), (FFF), (JJJ),
(KKK), (NNN), (UUU), (VVV), (WWW), (XXX), (YYY), (ZZZ), (CCCC), (DDDD),
(EEEE), (FFFF), (GGGG), (HHHH), (IIII), (JJJJ), (KKKK), (LLLL), (MMMM),
(OOOO), (PPPP), (QQQQ), (SSSS), (VVVV), (WWWW), (XXXX), (ZZZZ), (DDDDD),
(EEEEE), (HHHHH), (KKKKK), (LLLLL), (PPPPP), (QQQQQ), (UUUUU), and
(XXXXX), adopted on October 18, 2004, effective October 28, 2004.
(B) Ohio Administrative Code Rules 3745-31-01, Definitions: (III)
and (SSS), 3745-31-10 ``Air Stationary Source Obligations.'', and 3745-
31-22 ``Nonattainment Provisions--Conditions for Approval'', adopted on
October 18, 2004, effective October 28, 2004 and revised by the November
15, 2005 letter from Joseph P. Koncelik to Thomas Skinner. This letter,
included as Additional material in paragraph (145)(ii)(B) below, removes
references to the Pollution Control Project (PCP) and Clean Unit
provisions vacated by a June 24, 2005 DC Circuit Court of Appeals
decision.
(C) Ohio Administrative Code Rules 3745-31-09 ``Air permit to
install completeness determinations, public participation and public
notice.'', 3745-31-13 ``Attainment provisions--review of major
stationary sources and major modifications, stationary source
applicability and exemptions.'', 3745-31-15 ``Attainment provisions--
Control Technology Review.'', 3745-31-21 ``Nonattainment provisions--
review of major stationary sources and major modifications--stationary
source applicability and exemptions.'', 3745-31-24 ``Non-attainment
Provisions--Baseline for Determining Credit for Emission and Air Quality
Offsets.'', 3745-31-26 ``Nonattainment Provisions--Offset Ratio
Requirements.'', and 3745-31-32 ``Plantwide applicability limit
(PAL).'', adopted on October 18, 2004, effective October 28, 2004.
(D) October 18, 2004, ``Director's Final Findings and Orders'',
signed by Christopher Jones, Director, Ohio Environmental Protection
Agency, adopting rules 3745-31-01, 3745-31-09, 3745-31-10, 3745-31-13,
3745-31-15, 3745-31-21, 3745-31-22, 3745-31-24, 3745-31-26, 3745-31-30,
3745-31-31, and 3745-31-32.
(ii) Additional material.

[[Page 635]]

(A) Ohio Administrative Code Rule 3745-31-01, Definitions: (ZZZZZ)
adopted on October 18, 2004, effective October 28, 2004.
(B) Letter dated November 15, 2005, from Ohio EPA Director Joseph P.
Koncelik to Regional Administrator Thomas Skinner, titled Request for
Approval of Ohio Administrative Code (``OAC'') Chapter 3745-31 NSR
Reform Rule Changes into the State Implementation Plan (``SIP'').
(146) On September 4, 2008, and March 23, 2009, the Ohio
Environmental Protection Agency submitted several volatile organic
compound rules for approval into the Ohio State Implementation Plan.
Only those paragraphs in 3745-21-09 that were revised in the September
4, 2008, and/or March 23, 2009, submittals have been incorporated into
the SIP.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule 3745-21-01 ``Definitions.'',
adopted March 23, 2009, effective April 2, 2009.
(B) Ohio Administrative Code Rule 3745-21-02 ``Ambient air quality
standards and guidelines.'', adopted August 15, 2008, effective August
25, 2008.
(C) Ohio Administrative Code Rule 3745-21-03 ``Methods of ambient
air quality measurement.'', adopted August 15, 2008, effective August
25, 2008.
(D) Ohio Administrative Code Rule 3745-21-04 ``Attainment dates and
compliance time schedules.'', adopted March 23, 2009, effective April 2,
2009.
(E) Ohio Administrative Code Rule 3745-21-06 ``Classification of
Regions.'', adopted August 15, 2008, effective August 25, 2008.
(F) Ohio Administrative Code Rule 3745-21-08 ``Control of carbon
monoxide emissions from stationary sources.'', adopted August 15, 2008,
effective August 25, 2008.
(G) Ohio Administrative Code Rule 3745-21-09 ``Control of emissions
of volatile organic compounds from stationary sources and
perchloroethylene from dry cleaning facilities'': (A), (B), (C), (D),
(E), (F), (G), (H), (I), (J), (K), (O), (P), (R), (S), (T), (U)(1)(a),
(U)(1)(b), (U(1)(c), (U)(1)(d), (U)(1)(e), (U)(1)(f), (U)(1)(g),
(U)(1)(i), (U)(2)(f), (U)(2)(j), (U)(2)(k), (U)(2)(l), (W), (X), (Y),
(Z), (DD), (HH), (NN), (RR), (SS), (TT), (VV), (YY), (DDD), adopted
March 23, 2009, effective April 2, 2009.
(H) Ohio Administrative Code Rule 3745-21-10 ``Compliance test
methods and procedures.'', adopted August 15, 2008, effective August 25,
2008.
(I) Ohio Administrative Code Rule 3745-21-12 ``Control of volatile
organic compound emissions from commercial bakery oven facilities.'',
adopted August 15, 2008, effective August 25, 2008.
(J) Ohio Administrative Code Rule 3745-21-13 ``Control of volatile
organic compounds from reactors and distillation units employed in SOCMI
chemical production.'', adopted August 15, 2008, effective August 25,
2008.
(K) Ohio Administrative Code Rule 3745-21-14 ``Control of Volatile
organic compound emissions from process vents in batch operations.'',
adopted March 23, 2009, effective April 2, 2009.
(L) Ohio Administrative Code Rule 3745-21-15 ``Control of volatile
organic compound emissions from wood furniture manufacturing
operations.'', adopted August 15, 2008, effective August 25, 2008.
(M) Ohio Administrative Code Rule 3745-21-16 ``Control of volatile
organic compound emissions from industrial wastewater.'', adopted March
23, 2009, effective April 2, 2009.
(N) Ohio Administrative Code Rule 3745-21-18 ``Commercial Motor
Vehicle and Mobile Equipment Refinishing Operations.'', adopted March
23, 2009, effective April 2, 2009.
(O) Ohio Administrative Code Rule 3745-21-19 ``Control of volatile
organic compound emissions from aerospace manufacturing and rework
facilities.'', adopted August 15, 2008, effective August 25, 2008.
(P) Ohio Administrative Code Rule 3745-21-20 ``Control of volatile
organic compound emissions from shipbuilding and ship repair
operations.'', adopted August 15, 2008, effective August 25, 2008.
(Q) Ohio Administrative Code Rule 3745-21-21 ``Storage of volatile
organic liquids in fixed roof tanks and external floating roof tanks.'',
adopted March 23, 2009, effective April 2, 2009.
(R) Ohio Administrative Code Rule 3745-21-22 ``Lithographic and
letterpress printing.'', adopted March 23, 2009, effective April 2,
2009.

[[Page 636]]

(S) Ohio Administrative Code Rule 3745-21-23 ``Industrial cleaning
solvents.'', adopted March 23, 2009, effective April 2, 2009.
(T) Ohio Administrative Code Rule 3745-21-24 ``Flat wood paneling
coatings.'', adopted March 23, 2009, effective April 2, 2009.
(U) August 15, 2008, ``Director's Final Findings and Orders'',
signed by Chris Korleski, Director, Ohio Environmental Protection
Agency.
(V) March 23, 2009, ``Director's Final Findings and Orders'', signed
by Chris Korleski, Director, Ohio Environmental Protection Agency.
(147) On October 5, 2007, Ohio submitted revisions to Ohio
Administrative Code Chapter 3745-112, Rules 3745-112-01 through 3745-
112-08. The revisions regulate the volatile organic compounds content of
consumer products.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule 3745-112-01 ``Definitions.'', Rule
3745-112-02 ``Applicability.'', Rule 3745-112-03 ``Standards.'', Rule
3745-112-04 ``Exemptions.'', Rule 3745-112-05 ``Administrative
requirements.'', Rule 3745-112-06 ``Reporting requirements.'', Rule
3745-112-07 ``Variances.'', and Rule 3745-112-08 ``Test methods.'',
adopted September 5, 2007, effective on September 15, 2007.
(B) September 5, 2007, ``Director's Final Findings and Orders'',
signed by Chris Korleski, Director, Ohio Environmental Protection
Agency.
(148) On March 17, 2009, Ohio submitted revisions to Ohio
Administrative Code Chapter 3745-15, Rules 3745-15-01 and 3745-15-05.
The revisions pertain to general provisions of OAC Chapter 3745.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule 3745-15-01 ``Definitions.'' and
Rule 3745-15-05 `` `De minimis' air contaminant source exemption.'' The
rules were adopted on January 12, 2009, and became effective on January
22, 2009.
(B) January 12, 2009, ``Director's Final Findings and Orders'',
signed by Chris Korleski, Director, Ohio Environmental Protection
Agency.
(149) On October 9, 2000, February 6, 2001, August 3, 2001, and June
24, 2003, Ohio submitted revisions to Ohio Administrative Code (OAC)
Chapter 3745-21 to address a variety of changes to its Carbon Monoxide
and Volatile Organic Compounds regulations. The pertinent provisions are
in OAC 3745-21-09; for other rules in these submittals, later versions
have been addressed in separate rulemaking (see paragraph 146 of this
section).
(i) Incorporation by reference.
(A) The following paragraphs of OAC 3745-21-09, entitled ``Control
of emissions of volatile organic compounds from stationary sources and
perchloroethylene from dry cleaning facilities,'' as adopted by Ohio on
October 25, 2002, effective on November 5, 2002:
(1) Paragraphs (A)(4), (B)(3)(a), (B)(3)(d), (B)(3)(e), (B)(3)(f),
(B)(3)(h), (B)(3)(j), (B)(3)(l), (B)(4)(a), (B)(4)(b), (C)(4), (H)(1),
(H)(3), (O)(5)(b), (O)(6), (R)(4), (U)(2)(h), (Y)(1)(a)(i), (AA)(1)(b),
(AA)(1)(c), (FF)(1), (II)(2), (II)(3), (II)(4), (KK)(1), (NN), (OO),
(PP)(2), (UU)(3), (DDD), and Appendix A.
(2) Within paragraph (U), the undesignated paragraph following
(U)(2)(e).
(B) October 25, 2002, ``Director's Final Findings and Orders'',
signed by Christopher Jones, Director, Ohio Environmental Protection
Agency.

(ii) Additional Information. The following permits to install
authorizing exemptions under OAC Rule 3745-21-09(U)(2)(f) were issued by
Ohio during the time period when the State had unilateral authority to
issue them.

(A) Permit To Install issued by the State Of Ohio to Chase
Industries, Inc, Cincinnati, OH, on June 24, 1998, for emissions unit
K002, pursuant to application number 14-4578.

(B) Permit To Install issued by the State Of Ohio to CAE Ransohoff,
Inc., Union, OH, on March 5, 1997, for emissions units K001 and K002,
pursuant to application number 14-4268.
(C) Permit To Install issued by the State Of Ohio to Phoenix
Presentations, Inc., Butler County, OH, on January 21, 1999, for
emissions units R001, R002, and R003, pursuant to application number 14-
4612.
(D) Permit To Install issued by the State Of Ohio to CTL Aerospace,
Inc., Cincinnati, OH, on August 19, 1998, for emissions unit R005,
pursuant to application number 14-4572.

[[Page 637]]

(E) Permit To Install issued by the State Of Ohio to Hamilton
Fixture, Hamilton, OH, on April 24, 1996, for emissions unit R006,
pursuant to application number 14-4014.
(F) Permit To Install issued by the State Of Ohio to Lt. Moses
Willard, Inc., Milford, OH, on December 23, 1997, for emissions units
K001 and K002, pursuant to application number 14-4220.
(G) Permit To Install issued by the State Of Ohio to WHM Equipment
Co., Cincinnati, OH, on May 28, 1997, for emissions unit K001, pursuant
to application number 14-4348.
(H) Permit To Install issued by the State Of Ohio to Panel-Fab,
Inc., Cincinnati, OH, on June 12, 1996, for emissions unit K001,
pursuant to application number 14-4027.
(I) Permit To Install issued by the State Of Ohio to Cincinnati Fan
& Ventilator, Mason, OH, on June 15, 1995, for emissions unit K003,
pursuant to application number 14-3774.
(J) Permit To Install issued by the State Of Ohio to Honda of
America Manufacturing, Inc., Marysville, OH, on December 24, 1997, for
emissions units R003, and R103, pursuant to application number 01-6743.
(K) Permit To Install issued by the State Of Ohio to Durr Ecoclean,
Inc. (formerly Henry Filters, Inc.), Bowling Green, OH, on June 26,
1996, for emissions unit K001 pursuant to application number 03-9510.
(L) Permit To Install issued by the State Of Ohio to Honda of
America Manufacturing, Inc., East Liberty, OH, on April 17, 1996, for
emissions units K009 and K013, pursuant to application number 05-7923.
(M) Permit To Install issued by the State Of Ohio to American Trim,
LLC (formerly Stolle Corporation, Stolle Products Division), Sidney, OH,
on September 13, 1995, K045, pursuant to application number 05-7329.
(N) Permit To Install issued by the State Of Ohio to American Trim,
LLC (formerly Stolle Products), Sidney, OH, on December 3, 1998, for
emissions unit K048, pursuant to application number 05-9516.
(O) Permit To Install issued by the State Of Ohio to Hawkline
Nevada, LLC (formerly Trinity Industries, Inc.), Plant 101, Mt. Orab,
OH, on February 28, 1996, for emissions unit K001, pursuant to
application number 07-407.
(P) Permit To Install issued by the State Of Ohio to American Trim,
LLC (formerly Superior Metal Products), Lima, OH, on July 23, 1997, for
emissions unit K002, pursuant to application number 03-0397.
(150) On August 22, 2008, Ohio submitted revisions to
Ohio Administrative Code Chapter 3745-17, Rules 3745-17-01 through
3745-112-14. The revisions contain particulate matter standards in the
State of Ohio necessary to attain and maintain the 2006 24-hour
PM2.5, annual PM2.5 and 24-hour PM10
NAAQS.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule 3745-17-01 Definitions: (A) and
(B), Rule 3745-17-02 Ambient air quality standards, Rule 3745-17-04
Compliance time schedules, Rule 3745-17-07 Control of visible
particulate emissions from stationary sources, Rule 3745-17-08
Restriction of emission of fugitive dust, Rule 3745-17-09 Restrictions
on particulate emissions and odors from incinerators, Rule 3745-17-10
Restrictions on particulate emissions from fuel burning equipment, Rule
3745-17-12 Additional restrictions on particulate emissions from
specific air contaminant sources in Cuyahoga county, Rule 3745-17-13
Additional restrictions on particulate emissions from specific air
contaminant sources in Jefferson county, and Rule 3745-17-14 Contingency
plan requirements for Cuyahoga and Jefferson counties. The rules became
effective on February 1, 2008.
(B) January 22, 2008, ``Director's Final Findings and Orders'',
signed by Chris Korleski, Director, Ohio Environmental Protection
Agency.
(ii) Additional Information.
(A) Ohio Administrative Code Rule 3745-17-01 Definitions: (C),
effective on February 1, 2008.
(151) On September 10, 2009, Ohio EPA submitted amendments to the
OAC with the intent to consolidate Ohio's Ambient Air Quality Standards
into a single rule to provide greater accessibility for the regulated
community and to the citizens of Ohio. EPA is approving the request
because the revisions clarify the state's rules and thus better

[[Page 638]]

serve the purpose of providing for meeting these standards.
(i) Incorporation by reference.
(A) Paragraph (A) of Ohio Administrative Code Rule 3745-17-03,
``Measurement methods and procedures.'', effective April 18, 2009.
(B) Ohio Administrative Code Rule 3745-17-14 ``Contingency plan
requirements for Cuyahoga and Jefferson counties.'', effective April 18,
2009.
(C) Ohio Administrative Code Rule 3745-18-03 ``Attainment dates and
compliance time schedules.'', effective April 18, 2009.
(D) Ohio Administrative Code Rule 3745-23-01 ``Definitions.'',
effective April 18, 2009.
(E) Ohio Administrative Code Rule 3745-23-02 ``Methods of
measurement.'', effective April 18, 2009.
(F) Ohio Administrative Code Rule 3745-25-01 ``Definitions.'',
effective April 18, 2009.
(G) Ohio Administrative Code Rule 3745-25-02 ``Ambient air quality
standards.'', effective April 18, 2009.
(H) Ohio Administrative Code Rule 3745-25-03 ``Air pollution
emergencies and episode criteria.'', effective August 21, 2009.
(I) Ohio Administrative Code Rule 3745-25-04 ``Air pollution
emergency emission control action programs.'', effective April 18, 2009.
(J) Ohio Administrative Code Rule 3745-25-05 ``Air pollution
emergency orders.'', effective April 18, 2009.
(K) April 8, 2009, ``Director's Final Findings and Orders'', signed
by Chris Korleski, Director, Ohio Environmental Protection Agency.
(L) August 11, 2009, ``Director's Final Findings and Orders'',
signed by Chris Korleski, Director, Ohio Environmental Protection
Agency.
(152) On March 9, 2010, the Ohio Environmental Protection Agency
(Ohio EPA) submitted revisions to its previously approved offset
lithographic and letterpress printing volatile organic compound (VOC)
rule for approval into its state implementation plan (SIP). This
submittal revises certain compliance dates and recordkeeping
requirements.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule 3745-21-22 ``Control of volatile
organic compound emissions from offset lithographic printing and
letterpress printing facilities.'', effective February 10, 2010.
(B) January 29, 2010, ``Director's Final Findings and Orders'',
signed by Chris Korleski, Director, Ohio EPA.
(153) On November 10, 2010, the Ohio Environmental Protection Agency
(Ohio EPA) submitted new rule OAC 3745-21-25 ``Control of VOC Emissions
from Reinforced Plastic Composites Production Operations'' for approval
into its state implementation plan.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule 3745-21-25 ``Control of VOC
Emissions from Reinforced Plastic Composites Production Operations,''
effective November 11, 2010.
(B) November 1, 2010, ``Director's Final Findings and Orders,''
signed by Chris Korleski, Director, Ohio Environmental Protection
Agency.
(ii) Additional material. (A) An October 25, 2010, letter from
Robert F. Hodanbosi, Chief Division of Air Pollution Control of the Ohio
Environmental Protection Agency to Susan Hedman, Regional Administrator,
containing documentation of noninterference, under section 110(l) of the
Clean Air Act, of the less stringent applicability cutoff for sheet mold
compound machines.
(154) On April 7, 2008, the Ohio Environmental Protection Agency
(Ohio EPA) submitted revised rule ``Control of emissions of organic
materials from stationary sources (i.e., emissions that are not
regulated by rule 3745-21-09, 3745-21-12, 3745-21-13, 3745-21-14, 3745-
21-15, 3745-21-16, or 3745-21-18 of the Administrative Code).'' On
February 8, 2008, the previously existing rule 3745-21-07 was rescinded
by Ohio EPA.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule 3745-21-07 ``Control of emissions
of organic materials from stationary sources (i.e., emissions that are
not regulated by rule 3745-21-09, 3745-21-12, 3745-21-13, 3745-21-14,
3745-21-15, 3745-21-16, or 3745-21-18 of the Administrative Code),''
effective February 18, 2008.
(B) February 18, 2008, ``Director's Final Findings and Orders'',
signed by Chris Korleski, Director, Ohio Environmental Protection
Agency.

[[Page 639]]

(ii) Additional material.
(A) An October 25, 2010, letter from Robert F. Hodanbosi, Chief
Division of Air Pollution Control of the Ohio Environmental Protection
Agency to Susan Hedman, Regional Administrator, containing documentation
of noninterference, under section 110(l) of the Clean Air Act, of the
less stringent applicability cutoff for sheet mold compound machines.
(155) On March 11, 2011, the Ohio Environmental Protection Agency
submitted Ohio's regional haze plan addressing the first implementation
period of the regional haze rule requirements. This plan includes a
long-term strategy with emission limits for mandating emission
reductions equivalent to the reductions from implement best available
retrofit technology and with emission reductions to provide Ohio's
contribution toward achievement of reasonable progress goals at Class I
areas affected by Ohio. The plan specifically satisfies BART
requirements for non-EGUs, most notably by providing new, tighter
emission limits for the P.H. Glatfelter facility in Ross County, Ohio.
The plan establishes a combined daily sulfur dioxide emission limit of
24,930 pounds per day for boiler 7 and 8. The plan
also includes permit number P0103673 that will impose these emission
limitations on P.H. Glatfelter Company.
(i) Incorporation by reference.
(A) Permit-to-Install Number P0103673, issued to P.H. Glatfelter
Company--Chillicothe Facility by the Ohio Environmental Protection
Agency, signed by Scott J. Nally and effective on March 7, 2011.
(156) On April 24, 2006, Ohio EPA submitted two permanent exemptions
from the Permit to Install program and six Permit-by-Rule provisions for
approval into its SIP. On July 18, 2008, Ohio EPA submitted provisions
for a Permit to Install and Operate (PTIO) program and a general permit
program for approval into its SIP. The changes to Ohio's SIP involve the
modification of various parts of OAC 3745-31, the removal of OAC 3745-
35, and the addition of OAC 3745-31-29 to enable the issuance of
federally enforceable general PTIs and general PTIOs. On June 30, 2008,
the state regulations to implement the PTIO program became effective and
OAC 3745-35 was rescinded.
(i) Incorporation by reference.
(A) Paragraph (A) of Ohio Administrative Code Rule 3745-15-03,
``Submission of emission information.'', effective June 30, 2008.
(B) Ohio Administrative Code Rule 3745-31-01, ``Definitions.'',
effective December 14, 2007, except for paragraphs (I), (LLL)(2)(a)(ix),
(LLL)(2)(a)(xxi), (LLL)(4)(t), and (QQQ)(1)(b).
(C) Ohio Administrative Code Rule 3745-31-02, ``Applicability,
requirements, and obligations.'', effective June 30, 2008.
(D) Ohio Administrative Code Rule 3745-31-03, ``Exemptions.'',
effective June 30, 2008.
(E) Ohio Administrative Code Rule 3745-31-04, ``Applications.'',
effective June 30, 2008.
(F) Ohio Administrative Code Rule 3745-31-05, ``Criteria for
decision by the director.'', effective June 30, 2008, except for
paragraph (A)(3)(a)(ii).
(G) Ohio Administrative Code Rule 3745-31-06, ``Completeness
determinations, processing requirements, public participation, public
notice, and issuance.'', effective June 30, 2008, except for paragraph
(H)(2)(d).
(H) Ohio Administrative Code Rule 3745-31-07, ``Termination,
revocation, expiration, renewal, revision and transfer.'', effective
June 30, 2008.
(I) Ohio Administrative Code Rule 3745-31-08, ``Registration status
permit-to-operate.'', effective June 30, 2008.
(J) Ohio Administrative Code Rule 3745-31-09, ``Variances on
operation.'', effective June 30, 2008.
(K) Ohio Administrative Code Rule 3745-31-10, ``NSR projects at
existing emissions units at a major stationary source.'', effective June
30, 2008.
(L) Ohio Administrative Code Rule 3745-31-20, ``Attainment
provisions--innovative control technology.'', effective June 30, 2008.
(M) Ohio Administrative Code Rule 3745-31-22, ``Nonattainment
provisions--conditions for approval.'', effective June 30, 2008.
(N) Ohio Administrative Code Rule 3745-31-29, ``General permit-to-
install and general PTIO.'', effective June 30, 2008.

[[Page 640]]

(O) Ohio Administrative Code Rule 3745-31-32, ``Plantwide
applicability limit (PAL).'', effective June 30, 2008.
(P) June 2, 2008, ``Director's Final Findings and Orders'', signed
by Chris Korleski, Director, Ohio EPA.
(157) On February 23, 2012, Ohio submitted revisions to Ohio
Administrative Code Chapter 3745-17, Rule 3745-17-11. The revisions
contain particulate matter restriction for industrial sources in the
State of Ohio necessary to attain and maintain the 2006 24-hour
PM2.5, annual PM2.5, and 24-hour PM10
NAAQS.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule 3745-17-11 ``Restrictions on
particulate emissions from industrial processes'', effective December
23, 2011.
(B) December 13, 2011, ``Director's Final Findings and Orders'',
signed by Scott J. Nally, Director, Ohio Environmental Protection
Agency.
(158) On June 1, 2011, the Ohio Environmental Protection Agency
(Ohio EPA) submitted several volatile organic compound (VOC) rules for
approval into the Ohio State Implementation Plan. These rules include
the source categories covered by the Control Technique Guideline (CTG)
documents issued in 2008, as well as several other miscellaneous rule
revisions.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule 3745-21-01 ``Definitions.'',
effective May 12, 2011.
(B) Ohio Administrative Code Rule 3745-21-09 ``Control of emissions
of volatile organic compounds from stationary sources and
perchloroethylene from dry cleaning facilities.'', effective May 12,
2011, except for paragraph (U)(1)(h).
(C) Ohio Administrative Code Rule 3745-21-21 ``Storage of volatile
organic liquids in fixed roof tanks and external floating roof tanks.'',
effective May 12, 2011.
(D) Ohio Administrative Code Rule 3745-21-23 ``Control of volatile
organic compound emissions from industrial solvent cleaning
operations.'', effective May 12, 2011.
(E) Ohio Administrative Code Rule 3745-21-24 ``Flat wood paneling
coatings.'', effective May 12, 2011.
(F) Ohio Administrative Code Rule 3745-21-27 ``Boat
manufacturing.'', effective May 12, 2011.
(G) Ohio Administrative Code Rule 3745-21-28 ``Miscellaneous
industrial adhesives and sealants'', effective May 12, 2011.
(H) Ohio Administrative Code Rule 3745-21-29 ``Control of volatile
organic compound emissions from automobile and light-duty truck assembly
coating operations, heavier vehicle assembly coating operations, and
cleaning operations associated with these coating operations.'',
effective May 12, 2011.
(I) Ohio Administrative Code Rule 3745-72-02 ``Definitions.'',
effective May 12, 2011.
(J) Ohio Administrative Code Rule 3745-72-05 ``Liability.'',
effective May 12, 2011.
(K) Ohio Administrative Code Rule 3745-72-06 ``Defenses.'',
effective May 12, 2011.
(L) May 2, 2011, ``Director's Final Findings and Orders,'' signed by
Scott J. Nally, Director, Ohio Environmental Protection Agency.
(159) On August November 15, 2010, Ohio submitted revisions to Ohio
Administrative Code Chapter 3745-14, Rules 3745-14-01 and 3745-14-06.
The revisions sunset NOX Budget Trading Program rules for
units subject to CAIR NOX Ozone Season Trading Program rules.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rule 3745-14-01 ``Definitions and
general provisions.'', effective October 18, 2010.
(B) Ohio Administrative Code Rule 3745-14-06 ``The NOx allowance
tracking system.'', effective October 18, 2010.
(C) October 8, 2010, ``Director's Final Findings and Orders'',
signed by Chris Korleski, Director, Ohio Environmental Protection
Agency.
(160) On June 24, 2011, Ohio submitted numerous revisions to their
SO2 rules in Ohio Administrative Code Chapter 3745-18. These
revisions mainly update facility information and remove shutdown
facilities from the rule.
(i) Incorporation by reference.
(A) Ohio Administrative Code Rules 3745-18-03 ``Attainment dates and
compliance time schedules.'', 3745-18-04 ``Measurement methods and
procedures.'' except (D)(2), (D)(3), (D)(5),

[[Page 641]]

(D)(6), (D)(9), (E)(2), (E)(3), and (E)(4), 3745-18-05 ``Ambient and
meteorological monitoring requirements.'', 3745-18-06 ``General emission
limit provisions.'', 3745-18-07 ``Adams County emission limits.'', 3745-
18-08 ``Allen County emissions limits.'', 3745-18-09 ``Ashland County
emission limits.'', 3745-18-10 ``Ashtabula County emissions limits.'',
3745-18-11 ``Athens County emission limits.'', 3745-18-12 ``Auglaize
County emission limits.'', 3745-18-13 ``Belmont County emission
limits.'', 3745-18-14 ``Brown County emission limits.'', 3745-18-15
``Butler County emission limits.'', 3745-18-16 ``Carroll County emission
limits.'', 3745-18-17 ``Champaign County emission limits.'', 3745-18-18
``Clark County emission limits.'', 3745-18-19 ``Clermont County emission
limits.'', 3745-18-20 ``Clinton County emission limits.'', 3745-18-21
``Columbiana County emission limits.'', 3745-18-22 ``Coshocton County
emission limits.'', 3745-18-23 ``Crawford County emission limits.'',
3745-18-24 ``Cuyahoga County emission limits.'', 3745-18-25 ``Darke
County emission limits.'', 3745-18-26 ``Defiance County emission
limits.'', 3745-18-27 ``Delaware County emission limits.'', 3745-18-28
``Erie County emission limits.'', 3745-18-29 ``Fairfield County emission
limits.'', 3745-18-30 ``Fayette County emission limits.'', 3745-18-31
``Franklin County emission limits.'', 3745-18-32 ``Fulton County
emission limits.'', 3745-18-33 ``Gallia County emission limits.'', 3745-
18-34 ``Geauga County emission limits.'', 3745-18-35 ``Greene County
emission limits.'', 3745-18-36 ``Guernsey County emission limits.'',
3745-18-37 ``Hamilton County emission limits.'', 3745-18-38 ``Hancock
County emission limits.'', 3745-18-39 ``Hardin County emission
limits.'', 3745-18-40 ``Harrison County emission limits.'', 3745-18-41
``Henry County emission limits.'', 3745-18-42 ``Highland County emission
limits.'', 3745-18-43 ``Hocking County emission limits.'', 3745-18-44
``Holmes County emission limits.'', 3745-18-45 ``Huron County emission
limits.'', 3745-18-46 ``Jackson County emission limits.'', 3745-18-47
``Jefferson County emission limits.'', 3745-18-48 ``Knox County emission
limits.'', 3745-18-49 ``Lake County emission limits.'', 3745-18-50
``Lawrence County emission limits.'', 3745-18-51 ``Licking County
emission limits.'', 3745-18-52 ``Logan County emission limits.'', 3745-
18-55 ``Madison County emission limits.'', 3745-18-56 ``Mahoning County
emission limits.'', 3745-18-57 ``Marion County emission limits.'', 3745-
18-58 ``Medina County emission limits.'', 3745-18-59 ``Meigs County
emission limits.'', 3745-18-60 ``Mercer County emission limits.'', 3745-
18-61 ``Miami County emission limits.'', 3745-18-62 ``Monroe County
emission limits.'', 3745-18-63 ``Montgomery County emission limits.'',
3745-18-64 ``Morgan County emission limits.'', 3745-18-65 ``Morrow
County emission limits.'', 3745-18-66 ``Muskingum County emission
limits.'', 3745-18-67 ``Noble County emission limits.'', 3745-18-68
``Ottawa County emission limits.'', 3745-18-69 ``Paulding County
emission limits.'', 3745-18-70 ``Perry County emission limits.'', 3745-
18-71 ``Pickaway County emission limits.'', 3745-18-72 ``Pike County
emission limits.'', 3745-18-73 ``Portage County emission limits.'',
3745-18-74 ``Preble County emission limits.'', 3745-18-75 ``Putnam
County emission limits.'', 3745-18-76 ``Richland County emission
limits.'', 3745-18-77 ``Ross County emission limits.'', 3745-18-79
``Scioto County emission limits.'', 3745-18-81 ``Shelby County emission
limits.'', 3745-18-83 ``Summit County emission limits.'', 3745-18-84
``Trumbull County emission limits.'', 3745-18-85 ``Tuscarawas County
emission limits.'', 3745-18-86 ``Union County emission limits.'', 3745-
18-87 ``Van Wert County emission limits.'', 3745-18-88 ``Vinton County
emission limits.'', 3745-18-89 ``Warren County emission limits.'', 3745-
18-91 ``Wayne County emission limits.'', 3745-18-92 ``Williams County
emission limits.'', 3745-18-93 ``Wood County emission limits.'', 3745-
18-94 ``Wyandot County emission limits.'', adopted on February 7, 2011,
effective February 17, 2011.
(B) February 7, 2011, ``Director's Final Findings and Orders'',
signed by Scott J. Nally, Director, Ohio Environmental Protection
Agency, adopting the rules identified in paragraph (160)(i)(A) of this
section.
(C) Ohio Administrative Code Rules 3745-18-01 ``Definitions and
incorporation by reference.'', 3745-18-54 ``Lucas County emission
limits.'', 3745-18-82

[[Page 642]]

``Stark County emission limits.'', adopted on March 24, 2011, effective
April 3, 2011.
(D) March 24, 2011, ``Director's Final Findings and Orders'', signed
by Scott J. Nally, Director, Ohio Environmental Protection Agency,
adopting the rules identified in paragraph (160)(i)(C) of this section.

[37 FR 10886, May 31, 1972]

Editorial Note: For Federal Register citations affecting Sec.
52.1870, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.

Sec. 52.1871 Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
Pollutant
-----------------------------------------------------
Air quality control region Particulate Sulfur Nitrogen Carbon
matter oxides dioxide monoxide Ozone
----------------------------------------------------------------------------------------------------------------
Greater Metropolitan Cleveland Intrastate................. I I III III I
Huntington (West Virginia)-Ashland (Kentucky)-Portsmouth- I III III III III
Ironton (Ohio) Interstate................................
Mansfield-Marion Intrastate............................... II II III III III
Metropolitan Cincinnati Interstate........................ I II III III I
Metropolitan Columbus Intrastate.......................... I III III III I
Metropolitan Dayton Intrastate............................ I II III III I
Metropolitan Toledo Interstate............................ I I III III I
Northwest Ohio Intrastate................................. II I III III III
Northwest Pennsylvania-Youngstown Interstate.............. I II III III III
Parkersburg (West Virginia)-Marietta (Ohio) Interstate.... I II III III III
Sandusky Intrastate....................................... III III III III III
Steubenville-Weirton-Wheeling Interstate.................. I I III III III
Wilmington-Chillicothe-Logan Intrastate................... III III III III III
Zanesville-Cambridge Intrastate........................... II IA III III III
----------------------------------------------------------------------------------------------------------------

[37 FR 10886, May 31, 1972, as amended at 39 FR 16347, May 8, 1974; 45
FR 72146, Oct. 31, 1980]

Sec. 52.1872 [Reserved]

Sec. 52.1873 Approval status.

(a) With the exceptions set forth in this subpart the Administrator
approves Ohio's plan for the attainment and maintenance of the National
Ambient Air Quality Standards under section 110 of the Clean Air Act.
Furthermore, the Administrator finds the plan satisfies all the
requirements of Part D, Title 1 of the Clean Air Act as amended in 1977,
except as noted below. In addition, continued satisfaction of the
requirements of Part D for the ozone portion of the SIP depends on the
adoption and submittal of RACT requirements by January 1, 1981 for the
sources covered by CTGs between January 1978 and January 1979 and
adoption and submittal by each subsequent January of additional RACT
requirements for sources covered by CTGs issued by the previous January.
(b)(1) Insofar as the Prevention of Significant Deterioration (PSD)
provisions found in this subpart apply to stationary sources of
greenhouse gas (GHGs) emissions, the Administrator approves that
application only to the extent that GHGs are ``subject to regulation'',
as provided in this paragraph (b), and the Administrator takes no action
on that application to the extent that GHGs are not ``subject to
regulation.''
(2) Beginning January 2, 2011, the pollutant GHGs is subject to
regulation if:
(i) The stationary source is a new major stationary source for a
regulated NSR pollutant that is not GHGs, and also will emit or will
have the potential to emit 75,000 tpy CO2e or more; or
(ii) The stationary source is an existing major stationary source
for a regulated NSR pollutant that is not GHGs, and also will have an
emissions increase of a regulated NSR pollutant, and an emissions
increase of 75,000 tpy CO2e or more; and,
(3) Beginning July 1, 2011, in addition to the provisions in
paragraph (b)(2) of this section, the pollutant GHGs shall also be
subject to regulation:

[[Page 643]]

(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 3745-31-
01(III)(4) of Ohio's Administrative Code) and a significant net
emissions increase (as defined in paragraphs 3745-31-01, paragraphs
(SSS) and (LLLLL)(1) of Ohio's Administrative Code) occur. For the
pollutant GHGs, an emissions increase shall be based on tpy
CO2e, and shall be calculated assuming the pollutant GHGs is
a regulated NSR pollutant, and ``significant'' is defined as 75,000 tpy
CO2e instead of applying the value in paragraph 3745-31-
01(LLLLL)(2) of Ohio's Administrative Code.

[75 FR 82559, Dec. 30, 2010]

Sec. 52.1874 [Reserved]

Sec. 52.1875 Attainment dates for achieving the sulfur dioxide
secondary standard.

The attainment date for achieving the sulfur dioxide
(SO2) secondary national ambient air quality standard (NAAQS)
is August 27, 1979 except as follows. The following sources are required
to achieve the secondary SO2 NAAQS by June 17, 1980:
Youngstown Sheet & Tube Co.; PPG Industries, Inc.; Wheeling-Pittsburgh
Steel Corp.; Pittsburgh-Canfield Corporation; The Timken Company; The
Sun Oil Co.; Sheller-Globe Corp.; The B.F. Goodrich Company; Phillips
Petroleum Co.; Shell Oil Co.; Federal Paper Board Co.; The Firestone
Tire & Rubber Co.; Republic Steel Corp.; Chase Bag Co.; White-
Westinghouse Corp.; U.S. Steel Corp.; Interlake, Inc.; Austin Power Co.;
Diamond Crystal Salt Co.; The Goodyear Tire & Rubber Co.; The Gulf Oil
Co.; The Standard Oil Co.; Champion International Corp.; Koppers Co.,
Inc.; General Motors Corp.; E.I. duPont de Nemours and Co.; Coulton
Chemical Corp.; Allied Chemical Corp.; Specialty Chemical Division; The
Hoover Co.; Aluminum Co. of America; Ohio Greenhouse Asso.; Armco Steel
Corp.; Buckeye Power, Inc.; Cincinnati Gas and Electric; Cleveland
Electric Illuminating Co.; Columbus and Southern Ohio Electric; Dayton
Power and Light Co.; Duquesne Light Co.; Ohio Edison Co.; Ohio Electric
Co.; Pennsylvania Power Co.; Toledo Edison Co.; Ohio Edison Co.; RCA
Rubber Co. The Ashland Oil Company is subject to a secondary
SO2 NAAQS attainment date of September 14, 1982. The
following sources located in Summit County are required to achieve the
secondary SO2 NAAQS by January 4, 1983: Diamond Crystal Salt;
Firestone Tire & Rubber Co.; General Tire & Rubber Co.; General Tire &
Rubber; B.F. Goodrich Co.; Goodyear Aerospace Corp.; Goodyear Tire &
Rubber Co.; Chrysler Corp.; PPG Industries Inc.; Seiberling Tire &
Rubber; Terex Division of General Motors Corp.; Midwest Rubber
Reclaiming; Kittinger Supply Co. The boiler of PPG Industries, Inc.
located in Summit County must achieve attainment of the secondary
SO2 NAAQS by August 25, 1983. The Portsmouth Gaseous
Diffusion Plant in Pike County is required to attain the secondary
SO2 NAAQS by November 5, 1984. The Ohio Power Company Galvin
Plant located in Gallia

[[Page 644]]

County is required to attain the secondary SO2 NAAQS by
August 25, 1985.

[61 FR 16062, Apr. 11, 1996]

Sec. 52.1876 Control strategy: Nitrogen dioxide.

(a) The condition to EPA's approval of the oxides of nitrogen State
Implementation Plan (SIP) codified at 40 CFR 52.1870(c)(128) is
satisfied by Ohio's November 26, 2003, submittal of the change to the
flow control date in the oxides of nitrogen budget trading SIP.
(b) [Reserved]

[69 FR 13234, Mar. 22, 2004]

Sec. 52.1877 Control strategy: Photochemical oxidants (hydrocarbons).

(a) The requirements of Subpart G of this chapter are not met
because the Ohio plan does not provide for the attainment and
maintenance of the national standard for photochemical oxidants
(hydrocarbons) in the Metropolitan Cincinnati interstate region by May
31, 1975.
(b) The requirements of Sec. 52.14 are not met by Rule 3745-21-
09(N)(3) (a) and (e); Rule 3745-21-09(Z)(1)(a); Rule 3745-21-10, Section
G; and Rule 3745-21-10, Section H, because these Ohio Rules do not
provide for attainment and maintenance of the photochemical oxidant
(hydrocarbon) standards throughout Ohio.
(1) USEPA is disapproving new exemptions for the use of cutback
asphalt [(Rule 3745-21-09(N)(3) (a) and (e)], because Ohio did not
provide documentation regarding the temperature ranges in the additional
two months that the State permits the use of cutback asphalts, and a
lack of training is not sufficient reason for the 1000 gallons
exemptions.
(2) USEPA is disapproving Section V [Rule 3745-21-09(V)], because it
contains an alternative leak testing procedure for gasoline tank trucks
which USEPA finds to be unapprovable.
(3) USEPA is disapproving exclusion of the external floating roof
(crude oil) storage tanks from the secondary seal requirement [Rule
3745-21-09(Z)(1)(a)], because Ohio has not demonstrated that the
relaxation would not interfere with the timely attainment and
maintenance of the NAAQS for ozone.
(4) USEPA is disapproving compliance test method Section G, [Rule
3745-21-10] as an alternative leak testing procedure for gasoline tank
trucks, because such action on Section G, is consistent with USEPA's
action on Rule 3745-21-09(V), which USEPA finds to be unapprovable.
(5) USEPA is disapproving compliance test method Section H, [Rule
3745-21-10], which involves a pressure test of only the vapor recovery
lines and associated equipment. Compliance test method Section H is
inconsistent with USEPA's control technique guidances and with tank
truck certification regulations that are in effect in 19 other States.
In addition, OEPA has presented no acceptable evidence demonstrating why
this rule constitutes RACT.

[38 FR 30974, Nov. 8, 1973, as amended at 39 FR 13542, Apr. 15, 1974; 51
FR 40676, Nov. 7, 1986; 54 FR 1940, Jan. 18, 1989]

Sec. 52.1878 [Reserved]

Sec. 52.1879 Review of new sources and modifications.

(a) The requirements of sections 172, 173, 182, and 189 for
permitting of major new sources and major modifications in nonattainment
areas for ozone, particulate matter, sulfur dioxide, and carbon monoxide
are not met, because Ohio's regulations exempt source categories which
may not be exempted and because the State has not adopted the new
permitting requirements of the Clean Air Act Amendments of 1990 in a
clear or enforceable manner.
(b) [Reserved]
(c) The requirements of Sec. 51.161 of this chapter are not met
because the State failed to submit procedures providing for public
comment on review of new or modified stationary sources.
(d) Regulation providing for public comment. (1) For purposes of
this paragraph, Director shall mean the Director of the Ohio
Environmental Protection Agency.
(2) Prior to approval or disapproval of the construction or
modification of a stationary source, the Director shall:
(i) Make a preliminary determination whether construction or
modification

[[Page 645]]

of the stationary source should be approved, approved with conditions or
disapproved;
(ii) Make available in at least one location in the region in which
the proposed stationary source would be constructed or modified, a copy
of all materials submitted by the owner or operator, a copy of the
Director's preliminary determination, and a copy or summary of other
materials, if any, considered by the Director in making his preliminary
determination; and
(iii) Notify the public, by prominent advertisement in a newspaper
of general circulation in the region in which the proposed stationary
source would be constructed or modified, of the opportunity for public
comment on the information submitted by the owner or operator and the
Director's preliminary determination on the approvability of the new or
modified stationary source.
(3) A copy of the notice required pursuant to this paragraph shall
be sent to the Administrator through the appropriate regional office and
to all other State and local air pollution control agencies having
jurisdiction within the region where the stationary source will be
constructed or modified.
(4) Public comments submitted in writing within 30 days of the date
such information is made available shall be considered by the Director
in making his final decision on the application.
(e) Approval--EPA is approving requests submitted by the State of
Ohio on March 18, November 1, and November 15, 1994, for exemption from
the requirements contained in section 182(f) of the Clean Air Act. This
approval exempts the following counties in Ohio from the NOX
related general and transportation conformity provisions and
nonattainment area NSR for new sources and modifications that are major
for NOX: Clinton, Columbiana, Delaware, Franklin, Jefferson,
Licking, Mahoning, Preble, Stark, and Trumbull. This approval also
exempts the following counties in Ohio from the NOX related
general conformity provisions; nonattainment area NSR for new sources
and modifications that are major for NOX; NOX
RACT; and a demonstration of compliance with the enhanced I/M
performance standard for NOX: Ashtabula, Cuyahoga, Geauga,
Lake, Lorain, Medina, Portage, and Summit.
(f) Approval--USEPA is approving two exemption requests submitted by
the Ohio Environmental Protection Agency on September 20, 1993, and
November 8, 1993, for the Toledo and Dayton ozone nonattainment areas,
respectively, from the requirements contained in Section 182(f) of the
Clean Air Act. This approval exempts the Lucas, Wood, Clark, Greene,
Miami, and Montgomery Counties from the requirements to implement
reasonably available control technology (RACT) for major sources of
nitrogen oxides (NOX), nonattainment area new source review
(NSR) for new sources and modifications that are major for
NOX, and the NOX-related requirements of the
general and transportation conformity provisions. For the Dayton ozone
nonattainment area, the Dayton local area has opted for an enhanced
inspection and maintenance (I/M) programs. Upon final approval of this
exemption, the Clark, Greene, Miami, and Montgomery Counties shall not
be required to demonstrate compliance with the enhanced I/M performance
standard for NOX. If a violation of the ozone NAAQS is
monitored in the Toledo or Dayton area(s), the exemptions from the
requirements of Section 182(f) of the Act in the applicable area(s)
shall no longer apply.
(g) Approval--EPA is approving an exemption from the requirements
contained in section 182(f) of the Clean Air Act. This approval exempts
Butler, Clermont, Hamilton, and Warren counties in Ohio from
nonattainment NSR for new sources and modifications that are major for
NOX.

[39 FR 13542, Apr. 15, 1974, as amended at 45 FR 72122, Oct. 31, 1980;
45 FR 82927, Dec. 17, 1980; 51 FR 40677, Nov. 7, 1986; 58 FR 47214,
Sept. 8, 1993; 59 FR 48395, Sept. 21, 1994; 60 FR 3766, Jan. 19, 1995;
60 FR 36060, July 13, 1995; 65 FR 37899, June 19, 2000]

Sec. 52.1880 Control strategy: Particulate matter.

(a) The requirements of subpart G of this chapter are not met
because the

[[Page 646]]

Ohio plan does not provide for attainment and maintenance of the
secondary standards for particulate matter in the Greater Metropolitan
Cleveland Intrastate Region and the Ohio portions of the Northwest
Pennsylvania-Youngstown and the Steubenville-Weirton-Wheeling Interstate
Regions.
(b) In Pickaway County, Columbus and Southern Ohio Electric Company,
or any subsequent owner or operator of the Picway Generating Station,
shall not operate simultaneously Units 3 and 4 (boilers 7 and 8) at any
time. These units will terminate operation no later than October 1,
1980.
(c) Ohio Regulation EP-12 (open burning) is disapproved insofar as
EP-12-03(D)(1) and EP-12-04(D)(1) allow open burning of hazardous or
toxic materials.
(d)-(f) [Reserved]
(g) The B.F. Goodrich Chemical Plant State Implementation Plan
revision is being disapproved because it is not supported by an adequate
attainment demonstration and therefore does not meet the requirements of
Sec. 51.13(e).
(h) Approval. On January 4, 1989, the State of Ohio submitted a
committal SIP for particulate matter with an aerodynamic diameter equal
to or less than 10 micrometers (PM10) for Ohio's Group II
areas. The Group II areas of concern are in Belmont, Butler, Columbiana,
Franklin, Hamilton, Lorain, Mahoning, Montgomery, Richland, Sandusky,
Scioto, Seneca, Stark, Summit, Trumbull, and Wyandot Counties. The
committal SIP contains all the requirements identified in the July 1,
1987, promulgation of the SIP requirements for PM10 at 52 FR
24681.
(i) Part D--Disapproval--Ohio's Part D TSP plan for the Middletown
area is disapproved. Although USEPA is disapproving the plan, the
emission limitations and other requirements in the federally approved
SIP remain in effect. See Sec. 52.1870(c)(27).
(j) Approval--EPA is approving the PM10 maintenance plan for
Cuyahoga and Jefferson Counties that Ohio submitted on May 22, 2000, and
July 13, 2000.
(k) Determinations of Attainment. EPA has determined, as of November
20, 2009, the Parkerburg-Marietta, WV-OH and the Wheeling, WV-OH
PM2.5 nonattainment areas have attained the 1997
PM2.5 NAAQS. These determinations, in accordance with 40 CFR
52.1004(c), suspend the requirements for these areas to submit an
attainment demonstration, associated reasonably available control
measures, a reasonable further progress plan, contingency measures, and
other planning SIPs related to attainment of the standard for as long as
these areas continue to meet the 1997 PM2.5 NAAQS.
(l) Disapproval. EPA is disapproving the portions of Ohio's
Infrastructure SIP for the 2006 24-hour PM2.5 NAAQS
addressing interstate transport, specifically with respect to section
110(a)(2)(D)(i)(I).
(m) Determination of Attainment. EPA has determined, as of September
7, 2011, that based upon 2007-2009 air quality data, the Huntington-
Ashland, West Virginia-Kentucky-Ohio, nonattainment Area has attained
the 1997 annual PM2.5 NAAQS. This determination, in
accordance with 40 CFR 52.1004(c), suspends the requirements for this
Area to submit an attainment demonstration, associated reasonably
available control measures, a reasonable further progress plan,
contingency measures, and other planning SIPs related to attainment of
the standard for as long as this Area continues to meet the 1997 annual
PM2.5 NAAQS.
(n) Determination of Attainment. EPA has determined, as of
September 14, 2011, that based on 2007 to 2009 ambient air quality data,
the Cleveland-Akron, Columbus, Dayton-Springfield, and Steubenville-
Weirton nonattainment areas have attained the 1997 annual
PM2.5 NAAQS. This determination, in accordance with 40 CFR
52.1004(c), suspends the requirements for these areas to submit
attainment demonstrations, associated reasonably available control
measures, reasonable further progress plans, contingency measures, and
other planning SIPs related to attainment of the standard for as long as
these areas continue to meet the 1997 annual PM2.5 NAAQS.
(o) Determination of Attainment. EPA has determined, as of September
29, 2011, that based upon 2007-2009 air quality data, the Cincinnati-
Hamilton, Ohio-Kentucky-Indiana nonattainment

[[Page 647]]

Area has attained the 1997 annual PM2.5 NAAQS. This
determination, in accordance with 40 CFR 52.1004(c), suspends the
requirements for this Area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as this Area continues to meet
the 1997 annual PM2.5 NAAQS.
(p) Approval--The 1997 annual PM2.5 maintenance plans for
the following areas have been approved:
(1) The Cincinnati-Hamilton nonattainment area (Butler, Clermont,
Hamilton, and Warren Counties), as submitted on January 25, 2011. The
maintenance plan establishes 2015 motor vehicle emissions budgets for
the Cincinnati-Hamilton area of 1,678.60 tpy for primary
PM2.5 and 35,723.83 tpy for NOX and 2021 motor
vehicle emissions budgets of 1,241.19 tpy for primary PM2.5
and 21,747.71 tpy for NOX.
(2) The Ohio portion of the Huntington-Ashland nonattainment area
(Lawrence and Scioto Counties and portions of Adams and Gallia
Counties). The maintenance plan establishes a determination of
insignificance for both NOX and primary PM2.5 for
conformity purposes.
(3) The Ohio portion of the Parkersburg-Marietta, WV-OH
nonattainment area (Washington County), as submitted on February 29,
2012, and supplemented on April 30, 2013. The maintenance plan
determines the insignificance of motor vehicle emissions budgets for
Washington County.
(4) The Ohio portion of the Wheeling, WV-OH nonattainment area
(Belmont County), as submitted on April 16, 2012, and supplemented on
April 30, 2013. The maintenance plan determines the insignificance of
motor vehicle emissions budgets for Belmont County.
(5) The Ohio portion of the Steubenville-Weirton nonattainment area
(Jefferson County). The maintenance plan establishes a determination of
insignificance for both NOX and primary PM2.5 for
conformity purposes.
(6) The Cleveland-Akron-Lorain area (Cuyahoga, Lake, Lorain, Medina,
Portage, and Summit Counties and Ashtabula Township in Ashtabula
County), as submitted on October 5, 2011. The maintenance plan
establishes 2015 motor vehicle emissions budgets for the Cleveland-
Akron-Lorain area of 1,371.35 tpy for primary PM2.5 and
35,094.70 tpy for NOX and 2022 motor vehicle emissions
budgets of 880.89 tpy for primary PM2.5 and 17,263.65 tpy for
NOX.
(7) The Dayton-Springfield, Ohio nonattainment area (Clark, Greene,
and Montgomery Counties), as submitted on June 1, 2011, and on April 30,
2013. The maintenance plan establishes 2015 motor vehicle emissions
budgets for the Dayton-Springfield area of 404.43 ton per year (tpy)
PM2.5 and 12,865.54 tpy nitrogen oxides (NOX) and
2022 motor vehicle emissions budgets of 261.33 tpy PM2.5 and
6,270.64 tpy NOX.
(8) The Canton-Massillon nonattainment area (Stark County). The
maintenance plan establishes motor vehicle emissions budgets for the
Canton-Massillon area of 204.33 tpy for primary PM2.5 and
7,782.84 tpy for NOX for 2015, and 101.50 tpy for primary
PM2.5 and 4,673.83 tpy for NOX for 2025.
(9) Approval--The 1997 annual PM2.5 maintenance plan for
the Columbus, Ohio nonattainment area (including Coshocton, Delaware,
Licking, Fairfield, and Franklin Counties) has been approved as
submitted on June 3, 2011. The maintenance plan establishes 2015 and
2022 motor vehicle emissions budgets for this area of 25,084.11 tons per
year for NOX and 873.46 tons per year for primary
PM2.5 in 2015 and 12,187.50 tons per year for NOX
and 559.13 tons per year for primary PM2.5 in 2022.
(q) Approval--The 1997 annual PM2.5 comprehensive
emissions inventories for the following areas have been approved:
(1) Ohio's 2005 NOx, directly emitted PM2.5, and
SO2 emissions inventory satisfies the emission inventory
requirements of section 172(c)(3) for the Cincinnati-Hamilton area.
(2) Ohio's 2005 and 2008 NOX, directly emitted
PM2.5, and SO2 emissions inventory satisfies the
emission inventory requirements of section 172(c)(3) for the Huntington-
Ashland area.

(3) Ohio's 2005 NOX, primary PM2.5, and
SO2 and 2007/2008 ammonia and VOC emissions inventories
satisfy the

[[Page 648]]

emission inventory requirements of section 172(c)(3) of the Clean Air
Act for Washington County.
(4) Ohio's 2005 NOX, primary PM2.5, and
SO2 and 2007/2008 ammonia and VOC emissions inventories
satisfy the emission inventory requirements of section 172(c)(3) of the
Clean Air Act for Belmont County.
(5) Ohio's 2005 and 2008 NOX, directly emitted
PM2.5, SO2, VOC, and ammonia emissions inventory
satisfies the emission inventory requirements of section 172(c)(3) for
the Steubenville-Weirton area.
(6) Ohio's 2005 and 2008 NOX, primary PM2.5,
and SO2 emissions inventories and 2007/2008 VOC and ammonia
emission inventories, as submitted on October 5, 2011 and supplemented
on April 30, 2013, satisfy the emission inventory requirements of
section 172(c)(3) of the Clean Air Act for the Cleveland-Akron-Lorain
area.
(7) Ohio's 2005 and 2008 NOX, primary PM2.5,
and SO2 and 2007/2008 ammonia and VOC emissions inventories
satisfy the emission inventory requirements of section 172(c)(3) of the
Clean Air Act for the Dayton-Springfield area.
(8) Ohio's 2005 and 2008 NOX, directly emitted
PM2.5, SO2, VOC, and ammonia emissions inventory
satisfies the emission inventory requirements of section 172(c)(3) for
the Canton-Massillon area.
(9) Ohio's 2005 NOX, primary PM2.5, and
SO2 emissions inventories as, as submitted on June 3, 2011,
and 2007 VOC and ammonia emission inventories, as submitted on April 30,
2013, satisfy the emission inventory requirements of section 172(c)(3)
of the Clean Air Act for the Columbus area.
(r) Determination of Attainment. EPA has determined, as of May 14,
2012, that based on 2008 to 2010 ambient air quality data, the
Steubenville-Weirton nonattainment area has attained the 24-hour 2006
PM2.5 NAAQS. This determination, in accordance with 40 CFR
52.1004(c), suspends the requirements for this area to submit an
attainment demonstration, associated reasonably available control
measures, a reasonable further progress plan, contingency measures, and
other planning SIPs related to attainment of the standard for as long as
this area continues to meet the 24-hour 2006 PM2.5 NAAQS.
(s) Approval--The 2006 24-hour PM2.5 maintenance plans
for the following areas have been approved:
(1) The Ohio portion of the Steubenville-Weirton nonattainment area
(Jefferson County). The maintenance plan establishes a determination of
insignificance for both NOX and primary PM2.5 for
conformity purposes.
(2) The Cleveland-Akron-Lorain area (Cuyahoga, Lake, Lorain, Medina,
Portage, and Summit Counties), as submitted on May 30, 2012. The
maintenance plan establishes 2015 motor vehicle emissions budgets for
the Cleveland-Akron-Lorain area of 1,371.35 tpy for primary
PM2.5 and 35,094.70 tpy for NOX and 2022 motor
vehicle emissions budgets of 880.89 tpy for primary PM2.5 and
17,263.65 tpy for NOX.
(3) The Canton-Massillon nonattainment area (Stark County). The
maintenance plan establishes motor vehicle emissions budgets for the
Canton-Massillon area of 204.33 tpy for primary PM2.5 and
7,782.84 tpy for NOX for 2015, and 101.50 tpy for primary
PM2.5 and 4,673.83 tpy for NOX for 2025.
(t) Approval--The 2006 24-hour PM2.5 comprehensive
emissions inventories for the following areas have been approved:
(1) Ohio's 2005 and 2008 NOX, directly emitted
PM2.5, SO2, VOC, and ammonia emissions inventory
satisfies the emission inventory requirements of section 172(c)(3) for
the Steubenville-Weirton area.
(2) Ohio's 2005 and 2008 NOX, primary PM2.5,
and SO2 emissions inventories and 2007/2008 VOC and ammonia
emission inventories, as submitted on May 30, 2012 and supplemented on
April 30, 2013, satisfy the emission inventory requirements of section
172(c)(3) of the Clean Air Act for the Cleveland-Akron-Lorain area.
(3) Ohio's 2005 and 2008 NOX, directly emitted
PM2.5, SO2, VOC, and ammonia emissions inventory
satisfies the emission inventory requirements of section 172(c)(3) for
the Canton-Massillon area.

[39 FR 13542, Apr. 15, 1974]

Editorial Note: For Federal Register citations affecting Sec.
52.1880, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.

[[Page 649]]

Sec. 52.1881 Control strategy: Sulfur oxides (sulfur dioxide).

(a) USEPA is approving, disapproving or taking no action on various
portions of the Ohio sulfur dioxide control plan as noticed below. The
disapproved portions of the Ohio plan do not meet the requirements of
Sec. 51.13 of this chapter in that they do not provide for attainment
and maintenance of the national standards for sulfur oxides (sulfur
dioxide). (Where USEPA has approved the State's sulfur dioxide plan,
those regulations supersede the federal sulfur dioxide plan contained in
paragraph (b) of this section and Sec. 52.1882.)
(1) Approval--USEPA approves the following OAC Rule: 3745-18-01
Definitions, 3745-18-02 Ambient Air Quality Standards-Sulfur Dioxide,
3745-18-05 Ambient and Meteorological Monitoring Requirements, 3745-18-
06 General Emission Limit Provisions.
(2) Approval--USEPA approves the Ohio Rules 3745-18-03 Attainment
Dates and Compliance Time Schedules except for those provisions listed
in Sec. 52.1881(a)(5).
(3) Approval--USEPA approves the Ohio Rules 3745-18-04 Emission
Measurement Methods except for those provisions listed in Sec.
52.1881(a)(6).
(4) Notwithstanding the portions of this section that EPA has either
disapproved or taken no action on, EPA has approved a complete plan
addressing all counties in the State of Ohio. In addition, specific
approved rules are listed in Sec. 52.1870.
(5) Disapproval--USEPA disapproves the Ohio Rule 3745-18-03(A),
Attainment Dates and also disapproves Ohio Rule 3745-18-03(C)(3)
Compliance Time Schedules for all sources electing to comply with the
regulations by utilizing complying fuels.
(6) No Action--USEPA is neither approving nor disapproving the
following Ohio Rule pending further review: 3745-18-04(D)(2), 3745-18-
04(D)(3), 3745-18-04(E)(2), 3745-18-04(E)(3) and, 3745-18-04(E)(4)
Emission Measurement Methods.
(7)-(8) [Reserved]
(9) No Action--USEPA takes no action on the 30-day averaging
provisions contained in the Toledo Edison Company's Bay Shore Station
State Implementation Plan revision until a general review of 30-day
averaging is complete.
(10) Approval--USEPA approves Condition 3 of the permits
for the Coulton Chemical Plant in Toledo and the E.I. duPont de Nemours
and Company plant in Miami, Ohio. This condition requires the
installation and operation of continuous emission monitors for sulfur
dioxide.
(11) Approval. USEPA approves Ohio's Good Engineering Stack Height
Regulations as contained in Ohio Administrative Code Chapter 3745-16-01
and 02. These rules were adopted by the State on February 12, 1986 and
were effective on March 5, 1986.
(12) In a letter dated June 25, 1992, Ohio submitted a maintenance
plan for sulfur dioxide in Morgan and Washington Counties.
(13) In a letter dated October 26, 1995, Ohio submitted a
maintenance plan for sulfur dioxide in Lake and Jefferson Counties.
(14) On March 20, 2000, the Ohio Environmental Protection Agency
submitted maintenance plans for Coshocton, Gallia and Lorain Counties.
(15) On September 27, 2003, Ohio submitted maintenance plans for
sulfur dioxide in Cuyahoga County and Lucas County.
(b) Regulations for the control of sulfur dioxide in the State of
Ohio.
(1) Definitions. All terms used in this paragraph but not
specifically defined below shall have the meaning given them in the
Clean Air Act or parts 51, 52, or 60 of this chapter.
(i) By-product coke oven gas means the gas produced during the
production of metallurgical coke in slot-type, by-product coke
batteries.
(ii) Flue gas desulfurization means any pollution control process
which treats stationary source combustion flue gas to remove sulfur
oxides.
(iii) Fossil fuel means natural gas, refinery fuel gas, coke oven
gas, petroleum, coal and any form of solid, liquid, or gaseous fuel
derived from such materials.
(iv) Fossil fuel-fired steam generating unit means a furnace or
boiler used in the process of burning fossil fuel for the purpose of
producing steam by heat transfer.

[[Page 650]]

(v) Heat input means the total gross calorific value (where gross
calorific value is measured by ASTM Method D2015-66, D240-64, or D1826-
64) of all fossil and non-fossil fuels burned. Where two or more fossil
fuel-fired steam generating units are vented to the same stack the heat
input shall be the aggregate of all units vented to the stack.
(vi) Owner or operator means any person who owns, leases, operates,
controls, or supervises a facility, building, structure, or installation
which directly or indirectly results or may result in emissions of any
air pollutant for which a national standard is in effect.
(vii) Primary zinc smelter means any installation engaged in the
production, or any intermediate process in the production, of zinc or
zinc oxide from the zinc sulfide ore concentrates through the use of
pyrometallurgical techniques.
(viii) Process means any source operation including any equipment,
devices, or contrivances and all appurtenances thereto, for changing any
material whatever or for storage or handling of any materials, the use
of which may cause the discharge oons within a structure, building, or
shop shall be considered as a single process for purposes of this
regulation.
(ix) Process weight means the total weight of all materials and
solid fuels introduced into any specific process. Liquid and gaseous
fuels and combustion air will not be considered as part of the process
weight unless they become part of the product. For a cyclical or batch
operation, the process weight per hour will be derived by dividing the
total process weight by the number of hours from the beginning of any
given process to the completion thereof, excluding any time during which
the equipment is idle. For a continuous operation, the process weight
per hour will be derived by dividing the process weight for the number
of hours in a given period of time by the number of hours in that
period. For fluid catalytic cracking units, process weight shall mean
the total weight of material introduced as fresh feed to the cracking
unit. For sulfuric acid production units, the nitrogen in the air feed
shall not be included in the calculation of process weight.
(x) Run means the net period of time during which an emission sample
is collected. Unless otherwise specified, a run may be either
intermittent or continuous within the limits of good engineering
practice as determined by the Administrator.
(xi) Source operation means the last operation preceding the
emission of an air contaminant, which operation (a) results in the
separation of the air contaminant from process materials or in the
conversion of the process materials into air contaminants, as in the
case of combustion of fuel; and (b) is not primarily an air pollution
abatement operation.
(xii) Stack means any chimney, flue, vent, roof monitor, conduit or
duct arranged to vent emissions to the ambient air.
(xiii) Sulfur recovery plant means any plant that recovers elemental
sulfur from any gas stream.
(xiv) Sulfuric acid production unit means any facility producing
sulfuric acid by the contact process by burning elemental sulfur,
alkylation acid, hydrogen sulfide, organic sulfides and mercaptans, or
acid sludge.
(xv) Total rated capacity means the sum of the rated capacities of
all fuel-burning equipment connected to a common stack. The rated
capacity shall be the maximum guaranteed by the equipment manufacturer
or the maximum normally achieved during use as determined by the
Administrator, whichever is greater.
(2) Test methods and procedures. Unless specified below, the test
methods and procedures used for determining compliance with the
applicable paragraphs of Sec. 52.1881(b) shall be those prescribed in
part 60 of this chapter. Compliance tests shall be conducted under such
conditions as the Administrator shall specify based on representative
performance of the affected facility. Notification and recordkeeping
procedures shall be those prescribed in Sec. 60.7 of this chapter. The
owner or operator shall make available to the Administrator such records
as may be necessary to determine the conditions of the performance
tests. A compliance test shall consist of at least three runs.

[[Page 651]]

(i) The test methods and procedures used for determining compliance
for any sulfur recovery plant subject to applicable paragraph, of Sec.
52.1881(b) shall be those prescribed in Sec. 60.46 of this chapter with
the exception that the maximum amount of sulfur dioxide sampled by
Method 6 shall not exceed 50 percent of the stoichiometric amount of
hydrogen peroxide absorbent.
(ii) The test methods and procedures used for determining compliance
for any sulfuric acid production unit, or any primary zinc smelter
subject to the applicable paragraphs of Sec. 52.1881(b) shall be those
prescribed in Sec. 60.85 of this chapter.
(iii) The test methods and procedure used to determine the
compliance of any stack venting any fossil fuel-fired steam generating
units subject to the applicable paragraphs of Sec. 52.1881(b) shall be
those prescribed in Sec. 60.46 of this chapter.
(3) Severability. If any provision of these regulations or the
application thereof to any person or circumstances is held to be
invalid, such invalidity shall not affect other provisions or
application of any other part of these regulations which can be given
effect without the invalid provisions or application, and to this end
the provisions of these regulations and the various applications thereof
are declared to be severable.
(4) Submission of information. The submission of any information
required under Sec. 52.1882 shall be made to the Director, Enforcement
Division, U.S. Environmental Protection Agency, Region V, 230 South
Dearborn, Chicago, Illinois, 60604, Attention Air Compliance Section.
(5) For purposes of this regulation, stack and boiler identification
numbers used in this paragraph were derived from correspondence
submitted to the U.S. EPA by the affected owners or operators, and may
be found in the record supporting this rulemaking.
(6) This paragraph contains no applicable provisions in the
following counties of Ohio: Ashland, Brown, Carroll, Champaign, Clinton,
Darke, Defiance, Fayette, Fulton, Geauga, Guernsey, Hardin, Harrison,
Highland, Hocking, Holmes, Jackson, Knox, Logan, Madison, Monroe,
Morrow, Noble, Perry, Portage, Preble, Putnam, Shelby, Union, Van Wert,
Warren, Williams, and Wyandot, nor does it apply to facilities equal to
or less than 10 million BTU per hour total aggregate rated capacity of
all units at a facility.
(7) In Franklin County, no owner or operator of the following types
of facilities unless otherwise specified in this paragraph, shall cause
or permit emission of sulfur dioxide from any stack in excess of the
rates specified below:
(i) For fossil fuel-fired steam generating unit between 10.0 and
50.0 x 10 \6\ BTU per hour total rated capacity of heat input, the
emission rate in pounds of sulfur dioxide per million BTU actual heat
input shall be calculated by the following equation:

EL=8.088Qm-0.4307

where Qm is the total rated capacity of heat input in million
BTU per hour and EL is the allowable emission rate in pounds
of sulfur dioxide per million BTU actual heat input.

(ii) For fossil fuel-fired steam generating unit(s) equal to or
greater than 50.0x10 \6\ BTU per hour total rated capacity of heat
input, the emission limitation shall be 1.50 pounds of sulfur dioxide
per million BTU actual heat input.
(iii) The present or any subsequent owner or operator of the
Columbus State Institution in Franklin County, Ohio shall not cause or
permit the emission of sulfur dioxide from any stack at this facility in
excess of 3.80 pounds of sulfur dioxide per million BTU actual heat
input.
(iv) The present or any subsequent owner or operator of the Columbus
State Hospital in Franklin County, Ohio shall not cause or permit the
emission of sulfur dioxide from any stack at this facility in excess of
4.10 pounds of sulfur dioxide per million BTU actual heat input.
(v) The present or any subsequent owner or operator of Ross
Laboratory in Franklin County, Ohio shall not cause or permit the
emission of sulfur dioxide from any stack at this facility in excess of
4.80 pounds of sulfur dioxide per million BTU actual heat input.

[[Page 652]]

(vi) The present or any subsequent owner or operator of the
Rickenbacker Air Force Base in Franklin County, Ohio shall not cause or
permit the emission of sulfur dioxide from any stack at this facility in
excess of 2.20 pounds of sulfur dioxide per million BTU actual heat
input.
(vii) The present or any subsequent owner or operator of the Capital
City Products facility in Franklin County, Ohio, shall not cause or
permit the emission of sulfur dioxide from any stack at this facility in
excess of 3.10 pounds of sulfur dioxide per million BTU actual heat
input.
(viii) The present or any subsequent owner or operator of the
Westinghouse Electric facility in Franklin County, Ohio shall not cause
or permit the emission of sulfur dioxide from any stack at this facility
in excess of 2.20 pounds of sulfur dioxide per million BTU actual heat
input.
(ix) (A) The present or any subsequent owner or operator of the
Naval Weapons Industrial Reserve Plant in Franklin County, Ohio shall
not cause or permit the emission of sulfur dioxide from any stack at
this facility in excess of 1.06 pounds of sulfur dioxide per million BTU
actual heat input.
(B) In lieu of meeting Sec. 52.1881(b)(27)(ix)(A), the present or
any subsequent owner or operator of the Naval Weapons Industrial Reserve
Plant may elect to comply with the alternate emission limitation and
operating conditions specified below.
(1) The present or any subsequent owner or operator of the Naval
Weapons Industrial Reserve Plant shall not cause or permit the emission
of sulfur dioxide from any stack in excess of 3.65 pounds of sulfur
dioxide per million BTU actual heat input provided that such stacks be
greater than or equal to 44.5 meters in height and that the combined
maximum boiler design capacity be limited to 177 million BTU per hour by
installation of a lock-out system on the boiler coal-feeders. The
present or any subsequent owner or operator of the Naval Weapons
Industrial Reserve Plant shall keep a permanent log on the lock-out
system and record any problems with the system in the log. This log
shall be available for inspection by the EPA. This log shall be in lieu
of the reporting and monitoring requirements of Sec. 52.1882(g).
(2) The present or any subsequent owner or operator of the Naval
Weapons Industrial Reserve Plant shall be permitted to operate its five
boilers (1, 2, 3, 5a or 5b) in only one of the following three
configurations at any given time:
(i) Any two of boilers 1, 2, or 3 on; the remaining three boilers
off.
(ii) Boilers 5a and 5b on; boilers 1, 2, and 3 off.
(iii) Boiler 5b and any one of boilers 1, 2, or 3 on; the remaining
three boilers off.
(3) In the event that the Naval Weapons Industrial Reserve Plant
elects to comply with the alternate emission limitation and operating
configurations in Sec. 52.1881(b)(27)(ix)(B) (1) and (2) and vents its
boilers through stacks great on the boiler coal-feeders such that the
combined maximum boiler design capacity is limited to 177 MMBTU/hr, all
such action shall be taken within 30 weeks of (the effective date of
promulgation). The Administrator must be notified in writing that all
such action was taken within five working days of its completion.
(x) No owner or operator of any primary zinc smelter shall cause or
permit the emission of sulfur dioxide from the plant in excess of the
amount prescribed by the following equation:

Y = 0.564X\0.85\

where X is the total sulfur feed expressed as elemental sulfur in the
smelter input stream in lbs/hour and Y is the allowable sulfur
dioxide emission rate in lbs/hour from all stacks combined.

(xi) Except as provided in paragraph (b)(27)(x) of this section, no
owner or operator of any process equipment shall cause or permit the
emission from any stack into the atmosphere of any process gas stream
containing sulfur dioxide in excess of 2.40 pounds of sulfur dioxide per
ton of actual process weight input.
(8) In Sandusky County: (i) The Martin Marietta Company or any
subsequent owner or operator of the Martin Marietta facilities in
Sandusky County, Ohio shall not cause or permit the emission of sulfur
dioxide from any stack in excess of 15.42 pounds of sulfur

[[Page 653]]

dioxide per ton of actual process weight input.
(ii) [Reserved]
(9) In Stark County, no owner or operator of the following types of
facilities, unless otherwise specified in this paragraph, shall cause or
permit emission of sulfur dioxide from any stack in excess of the rates
specified below:
(i) For fossil fuel-fired steam generating units between 10.0 and
60.0 million BTU per hour total rated capacity of heat input, the
emission rate in pounds of sulfur dioxide per million BTU actual heat
input shall be calculated by the following equation:

EL = 18.48Qm - 0.4886

where Qm is the total rated capacity of heat input in million
BTU per hour and EL is the allowable emission rate in pounds
of sulfur dioxide per million BTU actual heat input.

(ii) For fossil fuel-fired steam generating units equal to or
greater than 60 million BTU per hour total rated capacity of heat input:
2.50 pounds of sulfur dioxide per million BTU actual heat input.
(iii) Republic Steel Corporation or any subsequent owner or operator
of the Massillon facilities in Stark County, Ohio shall not cause or
permit the emission of sulfur dioxide from any fossil fuel-fired steam
generating unit stack at the Massillon facility in excess of 4.40 pounds
of sulfur dioxide per million BTU actual heat input.
(iv) The present or any subsequent owner or operator of the
Massillon State Hospital facilities in Stark County, Ohio shall not
cause or permit the emission of sulfur dioxide from any stack at this
facility in excess of 5.20 pounds of sulfur dioxide per million BTU
actual heat input.
(v) The present or any subsequent owner or operator of the Grief
Board Company facilities in Stark County, Ohio shall not cause or permit
the emission of sulfur dioxide from any stack at this facility in excess
of 0.50 pound of sulfur dioxide per million BTU actual heat input.
(vi) The present or subsequent owner or operator of the Timken
Company facilities in Stark County, Ohio shall not cause or permit the
emission of sulfur dioxide from any fossil fuel-fired steam-generating
unit(s) stack at this facility in excess of the rates specified below:
(A) 3.08 pounds of sulfur dioxide per million BTU actual heat input
for the stack common to the fossil fuel-fired steam-generating units
B001 and B002 at the Canton plant.
(B) 0.93 pounds of sulfur dioxide per million BTU actual heat input
for the fossil fuel-fired steam-generating unit B003 at the Canton
plant.
(C) 0.0 pounds of sulfur dioxide per million BTU actual heat input
for the fossil fuel-fired steam-generating units B003 and B004 at the
Gambrinus Plant.
(D) 0.67 pounds of sulfur dioxide per million BTU actual heat input
for fossil fuel-fired steam-generating units at the Gambrinus Plant
unless otherwise specified in this paragraph.
(vii) No owner or operator of any by-product coke oven operating in
Stark County, Ohio shall cause or permit the combustion of by-product
coke oven gas containing a total sulfur content expressed as hydrogen
sulfide in excess of 350 grains of hydrogen sulfide per 100 dry standard
cubic feet of coke oven gas or the emission of sulfur dioxide from any
stack in excess of 1.70 pounds of sulfur dioxide per million BTU actual
heat input.
(viii) No owner or operator of any process equipment in Stark
County, Ohio shall cause or permit the emission of sulfur dioxide from
any stack in excess of 80.0 pounds of sulfur dioxide per ton of actual
process weight input.
(ix) The Ashland Oil Company, or any subsequent owner or operator of
the Ashland Oil Company facilities in Stark County, Ohio shall not cause
or permit sulfur dioxide emissions from any stack at this facility in
excess of the emission limitations listed below:
(A) 0.025 pounds of sulfur dioxide per million BTU actual heat input
for units 4-0-B-3, 4-2-B-1, 4-2-B-2, and 4-27-B-1.
(B) 1.00 pounds of sulfur dioxide per million BTU actual heat input
for all process heaters and fossil fuel-fired steam-generating units
unless otherwise specified in this paragraph.
(C) 0.62 pounds of sulfur dioxide per 1,000 pounds of charging stack
for catalytic cracking units.

[[Page 654]]

(D) 2.00 pounds of sulfur dioxide per 100 pounds of sulfur processed
for sulfur recovery plants.
(E) Only two of the following three units may be operated
simultaneously: 4-16-B-1, 4-16-B-2, and 4-16-B-12.
(x) The present or any subsequent owner or operator of the Hoover
Co. in Stark County, Ohio shall not cause or permit the emission of
sulfur dioxide in excess of 8.0 pounds of sulfur dioxide per million BTU
actual heat input for the coal-fired boiler and 0.4 pounds of sulfur
dioxide per million BTU actual heat input for the gas-fired boiler.
(10) In Summit County, no owner or operator of the following types
of facilities, unless otherwise specified in this subparagraph, shall
cause or permit emissions of sulfur dioxide from any stack in excess of
the rates specified below:
(i) For fossil fuel-fired steam generating units between 10.0 and
300 million BTU per hour total rated capacity of heat input, the
emission rate in pounds of sulfur dioxide per million BTU actual heat
input shall be calculated by the following equation:

EL = 17.55 Qm - 0.3933

where Qm is the total rated capacity of heat input in million
BTU per hour and EL is the allowable emission rate in pounds of sulfur
dioxide per million BTU actual heat input.

(ii) For fossil fuel-fired steam generating unit(s) equal to or
greater than 300 million BTU per hour total rated capacity of heat
input, 1.80 pounds of sulfur dioxide per million BTU actual heat input.
(iii) The present or any subsequent owner or operator of the Diamond
Crystal facility in Summit County, Ohio, shall not cause or permit the
emission of sulfur dioxide from coal-fired boilers at this facility in
exess of 4.72 pounds of sulfur dioxide per million BTU of actual heat
input or the emission of sulfur dioxide from oil-fired boilers at this
facility in excess of 0.30 pound of sulfur dioxide per million BTU of
actual heat input.
(iv) The present or any subsequent owner or operator of the
Kittinger Supply Co. (formerly known as Akwell Industries) facility in
Summit County, Ohio, shall not cause or permit the emission of sulfur
dioxide from oil-fired--oilers at this facility in excess of 0.80 pound
of sulfur dioxide per million BTU of actual heat input or the emission
of sulfur dioxide from coal-fired boilers at this facility in excess of
2.38 pounds of sulfur dioxide per million BTU of actual heat input.
(v) The present or subsequent owner or operator of the Ohio Brass
Company facilities in Summit County, Ohio shall not cause or permit the
emission of sulfur dioxide from any stack at this facility in excess of
4.20 pounds of sulfur dioxide per million BTU actual heat input.
(vi) The present or subsequent owner or operator of the Seiberling
Rubber Co. facilities in Summit County, Ohio, shall not cause or permit
the emission of sulfur dioxide from any stack at this facility in excess
of 1.46 pounds of sulfur dioxide per million BTU actual heat input.
(vii) The present or subsequent owner or operator of the Firestone
Tire & Rubber Co. facilities in Summit County, Ohio, shall not cause or
permit the emission of sulfur dioxide from any stack at this facility in
excess of the rates specified below:
(A) 1.76 pounds of sulfur dioxide per million BTU of actual heat
input from boiler 21 when oil fired and 2.87 pounds of sulfur dioxide
per million BTU of actual heat input from boilers 22 and 23 when coal
fired.
(B) In lieu of meeting paragraph (59)(vii)(A) of this paragraph (b),
the Firestone Tire and Rubber Co. may elect to comply with the alternate
emission limitation of 2.20 pounds of sulfur dioxide per million BTU of
actual heat input from boilers 21, 22, and 23 when all are oil fired.
(C) Firestone Tire & Rubber Co. or any subsequent owner or operator
of the Firestone Tire & Rubber facilities located in Summit County,
Ohio, shall operate no more than two of the boilers, 21, 22, or 23
simultaneously whether complying with either Sec. 52.1881 (b) (59)
(vii) (A) or Sec. 52.1881 (b) (59) (vii) (B).
(viii) The present or subsequent owner or operator of the B. F.
Goodrich Co. facilities in Summit County, Ohio, shall not cause or
permit the emission of sulfur dioxide from any stack at this

[[Page 655]]

facility in excess of the rates specified below:
(A) 0.51 pound of sulfur dioxide per million BTU actual heat input
for oil-fired boiler 31.
(B) 7.0 pounds of sulfur dioxide per million BTU actual heat input
for coalfired Boilers 27 and 32.
(C) The B. F. Goodrich Co. or any subsequent owner or operator of
the B. F. Goodrich facilities in Summit County, Ohio, shall not operate
boiler 27 simultaneously with boiler 32.
(ix) The Goodyear Tire & Rubber Co. or any subsequent owner or
operator of the Goodyear facilities in Summit County, Ohio, shall not
cause or permit the emission of sulfur dioxide from any stack in excess
of the rates specified below:
(A) 4.47 pounds of sulfur dioxide per million BTU actual heat input
for fossil fuel-fired steam-generating unit B001 located at plant I.
(B) 0.50 pound of sulfur dioxide per million BTU actual heat input
for fossil fuel-fired steam-generating units B002 and B003 located at
plant I.
(C) 160 pounds of sulfur dioxide per 1,000 pounds of sulfur
processed, for the sulfur recovery unit(s).
(D) for Plant II boilers:
(1) 2.24 pounds of sulfur dioxide per million BTU actual heat input
for coal-fired boilers A and B exiting through stack 4.
(2) 2.24 pounds of sulfur dioxide per million BTU actual heat input
for coal-fired boiler C exiting through stack 5.
(3) 2.24 pounds of sulfur dioxide per million BTU acutal heat input
for coal-fired boiler D exiting through stack 6.
(E) In lieu of meeting paragraph (59)(ix)(D) of this paragraph (b),
The Goodyear Tire and Rubber Company may elect to comply with the
alternate emission limitations and operating conditions specified below
for Plant II boilers, provided the General Tire and Rubber Company or
any subsequent owner or operator of the General Tire facilities in
Summit County, Ohio complies with Sec. 52.1881(b)(xviii)(D):
(1) The Goodyear Tire and Rubber Company shall not cause or permit
the emission of sulfur dioxide from any stack in excess of the rates
specified below:
(i) 4.64 pounds of sulfur dioxide per million BTU actual heat input
for coal-fired boilers A, B, and C exiting through stack 4.
(ii) 4.64 pounds of sulfur dioxide per million BTU actual heat input
for coal-fired boiler D exiting through stack 6.
(2) The Goodyear Tire and Rubber Company shall operate no more than
three of the boilers A, B, C, or D simultaneously.
(3) The Goodyear Tire and Rubber Company shall not operate boiler D
simultaneously with boilers A and B.
(x) The present or any subsequent owner or operator of the Tecumseh
Company facilities in Summit County, Ohio shall not cause or permit
sulfur dioxide emissions from fossil fuel-fired steam generating unit(s)
in excess of the rates specified below:
(A) 1.70 pounds sulfur dioxide per million BTU actual heat input for
coal-fired units, and
(B) 0.70 pound sulfur dioxide per million BTU actual heat input for
oil-fired unit(s).
(xi) The Ohio Edison or any subsequent owner or operator of the Ohio
Edison Company's Beech Street power station in Summit County, Ohio,
shall not cause or permit the emission of sulfur dioxide from any stack
at the Beech Street plant in excess of 0.00 pounds of sulfur dioxide per
million BTU actual heat input.
(xii) The Ohio Edison Co. or any subsequent owner or operator of the
Ohio Edison Co.'s Gorge plant in Summit County, Ohio, shall not cause or
permit the emission of sulfur dioxide from any stack at the Gorge plant
in excess of 4.07 pounds of sulfur dioxide per million BTU actual heat
input.
(xiii) No owner or operator of any process equipment, unless
otherwise specified in this paragraph, shall cause or permit the
emission of sulfur dioxide from any stack containing sulfur dioxide in
excess of 17.0 pounds of sulfur dioxide per ton of actual process weight
input.
(xiv) PPG Industries or any subsequent owner or operator of the PPG
Industries facilities in Summit County, Ohio, shall not cause or permit
the emission of sulfur dioxide from any stack at this facility in excess
of 0.00 pounds of sulfur dioxide per million

[[Page 656]]

BTU actual heat input for each coal-fired unit.
(xv) PPG Industries, or any subsequent owner or operator of the PPG
Industries, Inc., Columbia Cement Plant, located in Summit County, Ohio,
shall not cause or permit the emission of sulfur dioxide from any stack
in excess of 0.0 pounds of sulfur dioxide per ton actual process weight
input for the kilns.
(xvi) The present or any subsequent owner or operator of the Midwest
Rubber Co. in Summit County, Ohio, shall not cause or permit the
emission of sulfur dioxide from any stack at this facility in excess
1.80 pounds of sulfur dioxide per million BTU actual heat input.
(xvii) The present or any subsequent owner or operator of the Terex
Division of General Motors Corp. in Summit County, Ohio, shall not cause
or permit the emission of sulfur dioxide from any stack at this facility
in excess of 0.85 pounds of sulfur dioxide per million BTU actual heat
input.
(xviii) The present or any subsequent owner or operator of the
General Tire & Rubber Co. in Summit County, Ohio, shall not cause or
permit the emission of sulfur dioxide from any stack at this facility in
excess of the rates specified below:
(A) 0.46 pound of sulfur dioxide per million BTU actual heat input
for oil-fired boiler 1 when exiting through stack S-35.
(B) 0.46 pound of sulfur dioxide per million BTU actual heat input
for oil-fired boiler 2 when exiting through stack S-36.
(C) 0.46 pound of sulfur dioxide per million BTU actual heat input
for oil-fired boiler 3 when exiting through stack S-37.
(D) In lieu of meeting paragraph (59)(xviii) (A), (B), and (C) of
this paragraph (b), The General Tire and Rubber Company may elect to
comply with the alternate emission limitations and operating conditions
specified below, provided the Goodyear Tire and Rubber Company or any
owner of operator of the Goodyear Tire and Rubber Plant II facilities in
Summit County, Ohio, complies with Sec. 52.1881(b)(ix)(E):
(1) The General Tire and Rubber Company shall not cause or permit
the emission of sulfur dioxide from any stack in excess 2.47 pounds of
sulfur dioxide per million BTU actual heat input for oil-fired boilers
1, 2, and 3 when exiting through one-175 foot stack consistent with
section 123 of the Clean Air Act, as amended.
(xix) The present or any subsequent owner or operator of the
Goodyear Aerospace Co. in Summit County, Ohio, shall not cause or permit
the emission of sulfur dioxide from any stack at AB boilerhouse of this
facility in excess of 1.10 pounds of sulfur dioxide per million BTU of
actual heat input or the emission of sulfur dioxide from any stack at D
boilerhouse of the facility in excess of 1.83 pounds of sulfur dioxide
per million BTU of actual heat input.
(xx) The present or any subsequent owner or operator of the B. F.
Goodrich Chemical Co. in Summit County, Ohio, shall not cause the
emission of sulfur dioxide from any stack at this facility in excess of
5.22 pounds of sulfur dioxide per million BTU actual heat input.
(xxi) The present or any subsequent owner or operator of the
Chrysler Corp. in Summit County, Ohio, shall not cause or permit the
emission of sulfur dioxide from any stack at this facility in excess of
the rates specified below:
(A) 0.86 pound of sulfur dioxide per million BTU actual heat input
for boiler No. B001.
(B) 1.19 pounds of sulfur dioxide per million BTU actual heat input
for boilers Nos. B002 and B003.

[39 FR 13542, Apr. 15, 1974]

Editorial Note: For Federal Register citations affecting Sec.
52.1881, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.

Sec. 52.1882 Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

(a)(1) The owner and operator of each source and each unit located
in the State of Ohio and for which requirements are set forth under the
TR NOX Annual Trading Program in subpart AAAAA of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements will be eliminated by the

[[Page 657]]

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

[76 FR 48372, Aug. 8, 2011]

Sec. 52.1883 Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?

(a) The owner and operator of each source and each unit located in
the State of Ohio and for which requirements are set forth under the TR
SO2 Group 1 Trading Program in subpart CCCCC of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements will be eliminated by the promulgation of
an approval by the Administrator of a revision to Ohio's State
Implementation Plan (SIP) as correcting the SIP's deficiency that is the
basis for the TR Federal Implementation Plan under Sec. 52.39, except
to the extent the Administrator's approval is partial or conditional.
(b) Notwithstanding the provisions of paragraph (a) of this section,
if, at the time of the approval of Ohio's SIP revision described in
paragraph (a) of this section, the Administrator has already started
recording any allocations of TR SO2 Group 1 allowances under
subpart CCCCC of part 97 of this chapter to units in the State for a
control period in any year, the provisions of subpart CCCCC of part 97
of this chapter authorizing the Administrator to complete the allocation
and recordation of TR SO2 Group 1 allowances to units in the
State for each such control period shall continue to apply, unless
provided otherwise by such approval of the State's SIP revision.

[76 FR 48372, Aug. 8, 2011]

Sec. 52.1884 Significant deterioration of air quality.

[[Page 658]]

part of the applicable state plan for the State of Ohio.
(c) All application and other information required pursuant to Sec.
52.21 of this part from sources located or to be located in the state of
Ohio shall be submitted to the state agency, Ohio Environmental
Protection Agency, P.O. Box 1049, Columbus, Ohio 43216, rather than to
EPA's Region 5 office.

[45 FR 52741, Aug. 7, 1980, and 46 FR 9584, Jan. 29, 1981; 75 FR 55276,
Sept. 10, 2010]

Sec. 52.1885 Control strategy: Ozone.

(a) Part D--Approval. The following portions of the Ohio plan are
approved:
(1) The ozone portions of rules 01, 02, 03, 04 (except the portion
disapproved below), 05, 06, 07, 08, 09 (except the portions
conditionally approved below) and 10 of Chapter 3745-21 of the Ohio
Administrative Code.
(2) The Attainment Demonstrations for the following urban areas:
Akron, Canton, Cincinnati, Cleveland, Columbus, Dayton, Toledo and
Youngstown.
(3) The Reasonable Further Progress Demonstration for the following
areas: Akron, Canton, Cincinnati, Cleveland, Columbus, Dayton, Toledo
and Youngstown.
(4) The ozone nonattainment area plan for the rural nonattainment
areas.
(5) [Reserved]
(6) Approval--On June 10, 1997, Ohio submitted revisions to the
maintenance plans for the Toledo area (including Lucas and Wood
counties), the Cleveland/Akron/Lorain area (including Lorain, Cuyahoga,
Lake, Ashtabula, Geauga, Medina, Summit and Portage counties), and the
Dayton-Springfield area (including Montgomery, Clark, Greene, and Miami
counties). The revisions consist of an allocation of a portion of the
safety margin in each area to the transportation conformity mobile
source budget for that area. The mobile source budgets for
transportation conformity purposes for Toledo are now: 35.85 tons per
day of volatile organic compound emissions for the year 2005 and 35.19
tons per day of oxides of nitrogen emissions for the year 2005. The
mobile source budgets for transportation conformity purposes for
Cleveland-Akron-Lorain are now: 82.7 tons per day of volatile organic
compound emissions for the year 2006 and 104.4 tons per day of oxides of
nitrogen emissions for the year 2006. For the Dayton-Springfield area,
the oxides of nitrogen mobile source budget remains the same and the
mobile source budget for volatile organic compounds is now 34.1 tons per
day.
(7) Approval--On October 20, 1997, Ohio submitted a revision to the
maintenance plan for the Jefferson County area. The revision consists of
an allocation of a portion of the safety margin in the area to the
transportation conformity mobile source budget for that area. The mobile
source budget for transportation conformity purposes for Jefferson
County are now: 5.1 tons per day of volatile organic compound emissions
for the year 2005 and 4.4 tons per day of oxides of nitrogen emissions
for the year 2005.
(8) Approval--On April 27, 1998, Ohio submitted a revision to remove
the air quality triggers from the ozone maintenance plans for the
following areas in Ohio: Canton (Stark County), Cleveland (Lorain,
Cuyahoga, Lake, Ashtabula, Geauga, Medina, Summit and Portage Counties),
Columbus (Franklin, Delaware and Licking Counties), Steubenville
(Jefferson County), Toledo (Lucas and Wood Counties), Youngstown
(Mahoning and Trumbull Counties) as well as Clinton County, Columbiana
County, and Preble County.
(9) Approval--On March 13, 1998, Ohio submitted a revision to the
maintenance plan for the Columbus area. The revision consists of
establishing a new out year for the area's emissions budget. The new out
year emissions projections include reductions from point and area
sources; the revision also defines new safety margins according to the
difference between the areas 1990 baseline inventory and the out year
projection. Additionally, the revision consists of allocating a portion
of the Columbus area's safety margins to the transportation conformity
mobile source emissions budget. The mobile source budgets for
transportation conformity purposes for the Columbus area are now: 67.99
tons per day of volatile organic compound emissions for the year 2010
and 70.99 tons per day of oxides of nitrogen emissions for the year
2010.

[[Page 659]]

(10) Approval--On April 27, 1998, Ohio submitted a revision to
remove the air quality triggers from the ozone maintenance plan for the
Dayton-Springfield, Ohio Area (Miami, Montgomery, Clark, and Greene
Counties).
(11) Approval--On March 18, 1999, Ohio submitted a revision to the
maintenance plan for the Stark County (Canton) area. The revision
consists of allocating a portion of the Stark County area's safety
margins to the transportation conformity mobile source emissions
budgets. The mobile source budgets for transportation conformity
purposes for the Stark County area are now: 17.34 tons per day of
volatile organic compound emissions for the year 2005 and 13.00 tons per
day of oxides of nitrogen emissions for the year 2005.
(12) Approval--On June 1, 1999, Ohio submitted a revision to the
ozone maintenance plan for the Dayton/Springfield area. The revision
consists of revising the point source growth estimates and allocating
5.5 tons per day of VOCs to the transportation conformity mobile source
emissions budget. The mobile source VOC budget for transportation
conformity purposes for the Dayton/Springfield area is now: 39.6 tons
per day of volatile organic compound emissions for the year 2005. The
approval also corrects a typographical error in the maintenance plan
point and area source numbers for 2005.
(13) Approval--On August 19, 1999, Ohio submitted a revision to the
ozone maintenance plan for the Columbiana County area. The revision
consists of allocating a portion of the Columbiana County area's
NOX safety margin to the transportation conformity mobile
source emissions budget. The mobile source emissions budgets for
transportation conformity purposes for the Columbiana County area are
now: 5.65 tons per day of volatile organic compound emissions for the
year 2005 and 5.55 tons per day of oxides of nitrogen emissions for the
year 2005. This approval only changes the NOX transportation
conformity emission budget for Columbiana County.
(14) Approval-EPA is approving the 1-hour ozone maintenance plan for
the Ohio portion of the Cincinnati-Hamilton area submitted by Ohio on
May 20, 2005. The approved maintenance plan establishes 2015 mobile
source budgets for the Ohio portion of the area (Butler, Clermont,
Hamilton, and Warren Counties) for the purposes of transportation
conformity. These budgets are 26.2 tons per day for volatile organic
compounds and 39.5 tons per day for nitrogen oxides for the year 2015.
(15) Approval--On May 31, 2001, Ohio submitted a revision to the
ozone maintenance plan for the Cleveland/Akron/Lorain area. The revision
consists of allocating a portion of the Cleveland/Akron/Lorain area's
NOX safety margin to the transportation conformity mobile
source emissions budget. The mobile source emissions budgets for
transportation conformity purposes for the Cleveland/Akron/Lorain area
are now: 92.7 tons per day of volatile organic compound emissions for
the year 2006 and 104.4 tons per day of oxides of nitrogen emissions for
the year 2006. This approval only changes the VOC transportation
conformity emission budget for Cleveland/Akron/Lorain.
(16) Approval--On April 19, 2004, Ohio submitted a revision to the
ozone maintenance plan for the Cincinnati, Ohio area. The revision
consists of allocating a portion of the area's NOX safety
margin to the transportation conformity motor vehicle emissions budget.
The motor vehicle emissions budget for NOX for the
Cincinnati, Ohio area is now 62.3 tons per day for the year 2010. This
approval only changes the NOX transportation conformity
emission budget for Cincinnati, Ohio.
(17) Approval--On March 1, 2005, Ohio submitted a revision to the 1-
hour ozone maintenance plan for Clinton County, Ohio. The revision
consists of allocating a portion of the area's oxides of nitrogen
(NOX) safety margin to the transportation conformity motor
vehicle emissions budget. The motor vehicle emissions budget for
NOX for the Clinton County, Ohio area is now 3.45 tons per
day for the year 2006. This approval only changes the NOX
transportation conformity emission budget for Clinton County, Ohio.
(b) The maintenance plans for the following counties are approved:
(1) Preble County.
(2) Columbiana County.

[[Page 660]]

(3) Jefferson County.
(4) Montgomery, Greene, Miami, and Clark Counties. This plan
includes implementation of Stage II vapor recovery and an enhanced
vehicle inspection and maintenance program.
(5) Lucas and Wood Counties.
(6) Franklin, Delaware, and Licking Counties.
(7) Stark County.
(8) Mahoning and Trumbull Counties.
(9) Clinton County
(10) Lorain, Cuyahoga, Lake, Ashtabula, Geauga, Medina, Summit, and
Portage Counties.
(11) Butler, Clermont, Hamilton, and Warren Counties.
(c) Disapproval. USEPA disapproves the compliance schedule in
revised rule 04(c)(18) of Chapter 3745-21 of the Ohio Administrative
Code as it applies to facilities formerly covered by the compliance
schedule in old rule 04(c)(1) of Chapter 3745-21. This disapproval in
and of itself does not result in the growth restrictions of section
110(a)(2)(I).
(d) Part D--No Action. USEPA at this time takes no action on the
vehicle inspection and maintenance (I/M) program required for those non-
attainment areas which have requested an extension to demonstrate ozone
attainment.
(e)-(q) [Reserved]
(r) Approval--USEPA is approving two exemption requests submitted by
the Ohio Environmental Protection Agency on September 20, 1993, and
November 8, 1993, for the Toledo and Dayton ozone nonattainment areas,
respectively, from the requirements contained in Section 182(f) of the
Clean Air Act. This approval exempts the Lucas, Wood, Clark, Greene,
Miami, and Montgomery Counties from the requirements to implement
reasonably available control technology (RACT) for major sources of
nitrogen oxides (NOX), nonattainment area new source review
(NSR) for new sources and modifications that are major for
NOX, and the NOX-related requirements of the
general and transportation conformity provisions. For the Dayton ozone
nonattainment area, the Dayton local area has opted for an enhanced
inspection and maintenance (I/M) program. Upon final approval of this
exemption, the Clark, Greene, Miami, and Montgomery Counties shall not
be required to demonstrate compliance with the enhanced I/M performance
standard for NOX. If a violation of the ozone NAAQS is
monitored in the Toledo or Dayton area(s), the exemptions from the
requirements of Section 182(f) of the Act in the applicable area(s)
shall no longer apply.
(s) Approval--The 1990 base-year ozone emissions inventory
requirement of Section 182(a)(1) of the Clean Air Act has been satisfied
for the following ozone nonattainment areas: Toledo (Lucas and Wood
Counties) and Dayton (Clark, Greene, Miami, and Montgomery Counties).
(t) [Reserved]
(u) Approval--The 1990 base-year ozone emissions inventory
requirement of Section 182(a)(1) of the Clean Air Act has been satisfied
for the Columbus ozone nonattainment area (which includes the Counties
of Delaware, Franklin, and Licking).
(v) Approval--The 1990 base-year ozone emissions inventory
requirement of Section 182(a)(1) of the Clean Air Act has been satisfied
for the Canton (Stark County); Cincinnati-Hamilton (Butler, Clermont,
Hamilton and Warren Counties); Cleveland-Akron-Lorain (Ashtabula,
Cuyahoga, Geauga, Lake, Lorain, Medina, Portage and Summit Counties);
and Youngstown-Warren-Sharon (Mahoning and Trumbull Counties) areas.
(w) Determination--USEPA is determining that, as of May 7, 1996, the
Cleveland-Akron-Lorain ozone nonattainment area (which includes the
Counties of Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage
and Summit) have attained the ozone standard and that the reasonable
further progress and attainment demonstration requirements of section
182(b)(1) and related requirements of section 172(c)(9) of the Clean Air
Act do not apply to the area.
(x) Approval--EPA is approving requests submitted by the State of
Ohio on March 18, November 1, and November 15, 1994, for exemption from
the requirements contained in section 182(f) of the Clean Air Act. This
approval exempts the following counties in Ohio from the NOX
related general and

[[Page 661]]

transportation conformity provisions; nonattainment area NSR for new
sources and modifications that are major for NOX: Clinton,
Columbiana, Delaware, Franklin, Jefferson, Licking, Mahoning, Preble,
Stark, and Trumbull. This approval also exempts the following counties
in Ohio from the NOX related general and transportation
conformity provisions; nonattainment area NSR for new sources and
modifications that are major for NOX; NOX RACT;
and a demonstration of compliance with the enhanced I/M performance
standard for NOX: Ashtabula, Cuyahoga, Geauga, Lake, Lorain,
Medina, Portage, and Summit.
(y) Approval--The 1990 base-year ozone emissions inventory
requirement of Section 182(a)(1) of the Clean Air Act has been satisfied
for Clinton County.
(z) The 15 percent rate-of-progress requirement of section 182(b) of
the Clean Air Act, as amended in 1990, is satisfied for the Ohio portion
of the Cincinnati-Hamilton ozone nonattainment area.
(aa) [Reserved]
(bb) Ohio's November 7, 1996, request for a one-year attainment date
extension for the Ohio portion of the Cincinnati-Hamilton metropolitan
moderate ozone nonattainment area which consists of Hamilton, Butler,
Clermont and Warren Counties is approved. The date for attaining the
ozone standard in these counties is November 15, 1997.
(cc) Ohio's November 14, 1997, request for a one-year attainment
date extension for the Ohio portion of the Cincinnati-Hamilton
metropolitan moderate ozone nonattainment area which consists of
Hamilton, Butler, Clermont and Warren Counties is approved. The date for
attaining the ozone standard in these counties is November 15, 1998.
(dd) Determination--EPA is determining that, as of July 5, 2000, the
Ohio portion of Cincinnati-Hamilton ozone nonattainment area (which
includes the Counties of Butler, Clermont, Hamilton and Warren) has
attained the 1-hour ozone standard and that the attainment demonstration
requirements of section 182(b)(1), 182(j), and 172(c)(1), along with the
section 172(c)(9) contingency measure requirements, do not apply to the
area.
(ee) Approval--EPA is approving an exemption from the requirements
contained in section 182(f) of the Clean Air Act. This approval exempts
Butler, Clermont, Hamilton, and Warren counties in Ohio from the
NOX related general conformity provisions; the nitrogen
oxides nonattainment NSR for new sources and modifications that are
major for NOX; NOX RACT; and a demonstration of
compliance with the enhanced automobile inspection and maintenance
performance standard for NOX.
(ff) Approval--The 8-hour ozone maintenance plans for the following
areas have been approved:
(1) Jefferson County, as submitted on July 31, 2006 and supplemented
on October 3, 2006. The maintenance plan establishes 2009 motor vehicle
emissions budgets (MVEBs) for Jefferson County of 2.63 tons per day
(tpd) of volatile organic compounds (VOCs) and 4.10 tpd of oxides of
nitrogen (NOX), and 2018 motor vehicle emission budgets of
1.37 tpd of VOCs and 1.67 tpd of NOX.
(2) Belmont County, as submitted on June 20, 2006, and supplemented
on August 24, 2006, and December 4, 2006. The maintenance plan
establishes 2009 MVEBs for Belmont County of 2.60 tpd of VOC and 4.69
tpd of NOX, and 2018 MVEBs of 1.52 tpd of VOCs and 1.91 tpd
of NOX.
(3) Allen County and Stark County, as submitted on June 20, 2006,
and supplemented on August 24, 2006, and December 4, 2006. The
maintenance plan establishes 2009 MVEBs for Allen County of 5.08 tpd of
VOCs and 8.28 tpd of NOX, and 2018 MVEBs for Allen County of
2.89 tpd of VOCs and 3.47 tpd of NOX. For Stark County the
2009 MVEBs are 10.02 tpd of VOCs and 18.03 tpd of NOX, and
the 2018 budgets are 5.37 tpd of VOC and 7.08 tpd of NOX.
(4) Washington County, as submitted on September 22, 2006, and
supplemented on November 17, 2006. The maintenance plan establishes 2009
MVEBs for Washington County of 2.59 tpd of VOCs and 3.58 tpd of
NOX, and 2018 MVEBs for Washington county of 1.67 tpd of VOCs
and 1.76 tpd of NOX.
(5) Mahoning, Trumbull and Columbiana Counties, as submitted on
February 15, 2007. The maintenance plan establishes 2009 and 2018 motor
vehicle emission budgets for Mahoning, Trumbull and Columbiana Counties.

[[Page 662]]

The 2009 motor vehicle emission budgets are 19.58 tons per day for
volatile organic compounds (VOC) and 33.71 tons per day for oxides of
nitrogen (NOX). For 2018 the budgets are 10.36 tons per day
for VOC and 13.29 tons per day for NOX.
(6) On December 22, 2006, and supplemented on March 9, 2007, the
State of Ohio submitted a redesignation request and maintenance plan for
the Toledo area, including Lucas and Wood Counties. The maintenance plan
for this area establishes motor vehicle emission budgets (MVEB) for 2009
and 2018. The 2009 MVEBs are 18.99 tons/day of Volatile Organic
Compounds (VOC) and 33.75 tons/day for Oxides of Nitrogen
(NOX). The 2018 MVEBs are 11.20 tons/day of VOCs and 14.11
tons/day for NOX.
(7) The Dayton-Springfield area which includes Clark, Greene, Miami,
and Montgomery Counties, as submitted on November 6, 2006, and
supplemented on November 29, 2006, December 4, 2006, December 13, 2006,
January 11, 2007, March 9, 2007, March 27, 2007, and May 31, 2007. The
maintenance plan for this area establishes Motor Vehicle Emissions
Budgets (MVEB) for 2005 and 2018. The 2005 MVEBs are 29.19 tpd of VOC
and 63.88 tpd of NOX. The 2018 MVEBs are 14.73 tpd of VOCs
and 21.42 tpd of NOX.
(8) Approval--On March 17, 2009, the Ohio Environmental Protection
Agency submitted a request to redesignate the Columbus area to
attainment of the 8-hour ozone NAAQS. As part of the redesignation
request, the state submitted a maintenance plan as required by section
175A of the Clean Air Act. Elements of the section 175 maintenance plan
include a contingency plan and an obligation to submit a subsequent
maintenance plan revision in 8 years as required by the Clean Air Act.
The 2012 motor vehicle emissions budgets for the Columbus area are 54.86
tpd for VOC and 91.64 tpd for NOX. The 2020 motor vehicle
emissions budgets for the area are 36.60 tpd for VOC and 46.61 tpd for
NOX.
(9) Approval--On March 17, 2009, and April 24, 2009, the Ohio
Environmental Protection Agency submitted a request to redesignate the
Cleveland-Akron-Lorain area to attainment of the 8-hour ozone NAAQS. As
part of the redesignation request, the state submitted a maintenance
plan as required by section 175A of the Clean Air Act. Elements of the
section 175 maintenance plan include a contingency plan and an
obligation to submit a subsequent maintenance plan revision in 8 years
as required by the Clean Air Act. The 2012 motor vehicle emissions
budgets for the Cleveland-Akron-Lorain area are 46.64 tpd for VOC and
95.89 tpd for NOX. The 2020 motor vehicle emissions budgets
for the area are 31.48 tpd for VOC and 42.75 tpd for NOX.
(10) Approval--On December 14, 2009, the Ohio Environmental
Protection Agency submitted a request to redesignate the Ohio portion of
the Cincinnati-Hamilton, OH-KY-IN area to attainment of the 8-hour ozone
NAAQS. As part of the redesignation request, the State submitted a
maintenance plan as required by section 175A of the Clean Air Act.
Elements of the section 175 maintenance plan include a contingency plan
and an obligation to submit a subsequent maintenance plan revision in 8
years as required by the Clean Air Act. The 2015 motor vehicle emissions
budgets for the Ohio and Indiana portions of the Cincinnati-Hamilton,
OH-KY-IN area are 31.73 tpd for VOC and 49.00 tpd for NOX.
The 2020 motor vehicle emissions budgets for the Ohio and Indiana
portions of the area are 28.82 tpd for VOC and 34.39 tpd for
NOX.
(11) Approval--On July 6, 2010, the Ohio Environmental Protection
Agency submitted a request to revise the maintenance plan for the Ohio
portion of the Cincinnati-Hamilton, OH-KY-IN 8-hour ozone area. The
submittal revises 2015 and 2020 NOX point source emissions
projections for Butler County.
(12) Approval--On June 29, 2012, Ohio submitted a request to revise
the approved MOBILE6.2 motor vehicle emission budgets (budgets) in the
1997 8-hour ozone maintenance plan for the Ohio and Indiana portions of
the Cincinnati-Hamilton, OH-KY-IN 8-hour ozone area. The budgets are
being revised with budgets developed with the MOVES2010a model. The 2015
motor vehicle emissions budgets for the Ohio and Indiana portions are
56.06 tpd VOC

[[Page 663]]

and 94.25 tpd NOX. The 2020 motor vehicle emissions budgets
for the Ohio and Indiana portions of the area are 42.81 tpd VOC and
73.13 tpd for NOX.
(13) Approval--On October 30, 2012, and December 12, 2012, Ohio
submitted a request to revise the approved MOBILE6.2 motor vehicle
emission budgets (budgets) in the 1997 8-hour ozone maintenance plans
for the Cleveland-Akron-Lorain and Columbus, Ohio areas. The budgets are
being revised with budgets developed with the MOVES2010a model. The 2012
motor vehicle emissions budgets for the Cleveland-Akron-Lorain, Ohio
area are 81.54 tpd VOC and 189.27 tpd NOX. The 2020 motor
vehicle emissions budgets for the Cleveland-Akron-Lorain, Ohio area are
43.17 tpd VOC and 108.36 tpd NOX. The 2012 motor vehicle
emissions budgets for the Columbus, Ohio area are 93.99 tpd VOC and
188.85 tpd NOX. The 2020 motor vehicle emissions budgets for
the Columbus, Ohio area are 50.34 tpd VOC and 99.12 tpd NOX.
(14) Approval--On December 7, 2012, Ohio submitted a request to
revise the approved MOBILE6.2 motor vehicle emission budgets (budgets)
in the 1997 8-hour ozone maintenance plan for the Canton-Massillon, Ohio
area. The budgets are being revised with budgets developed with the
MOVES2010a model. The 2009 motor vehicle emissions budgets for the
Canton-Massillon, Ohio area are 19.17 tpd VOC and 28.36 tpd
NOX. The 2018 motor vehicle emissions budgets for the Canton-
Massillon, Ohio area are 9.02 tpd VOC and 11.37 tpd NOX.
(15) Approval--On December 7, 2012, Ohio submitted a request to
revise the approved MOBILE6.2 motor vehicle emission budgets (budgets)
in the 1997 8-hour ozone maintenance plan for the Ohio portion of the
Wheeling area. The budgets are being revised with budgets developed with
the MOVES2010a model. The 2009 motor vehicle emissions budgets for the
Ohio portion of the Wheeling area are 4.70 tpd VOC and 13.30 tpd
NOX. The 2018 motor vehicle emissions budgets for the Ohio
portion of the Wheeling area are 2.15 tpd VOC and 5.18 tpd
NOX.
(16) Approval--On January 11, 2013, Ohio submitted a request to
revise the approved MOBILE6.2 motor vehicle emission budgets (budgets)
in the 1997 8-hour ozone maintenance plan for the Lima, Ohio area. The
budgets are being revised with budgets developed with the MOVES2010a
model. The 2009 motor vehicle emissions budgets for the Lima, Ohio area
are 5.39 tpd VOC and 10.65 tpd NOX. The 2018 motor vehicle
emissions budgets for the Lima, Ohio area are 2.38 tpd VOC and 6.18 tpd
NOX.
(17) Approval--On February 11, 2013, Ohio submitted a request to
revise the approved MOBILE6.2 onroad mobile source emissions inventories
and motor vehicle emission budgets (budgets) in the 1997 8-hour ozone
maintenance plan for the Dayton-Springfield, Ohio area. The inventories
and budgets are being revised with inventories and budgets developed
with the MOVES2010a model. The 2005 budgets for the Dayton-Springfield,
Ohio area are 53.37 tons per day (tpd) VOC and 84.66 tpd NOX.
The 2018 budgets for the Dayton-Springfield, Ohio area are 22.35 tpd VOC
and 32.47 tpd NOX.
(18) Approval--On March 15, 2013, Ohio submitted a request to revise
the approved MOBILE6.2 onroad mobile source emissions inventories and
motor vehicle emission budgets (budgets) in the 1997 8-hour ozone
maintenance plan for the Ohio portion of the Steubenville-Weirton, West
Virginia-Ohio area. The inventories and budgets are being revised with
inventories and budgets developed with the MOVES2010a model. The 2009
budgets for the Ohio portion of the Steubenville-Weirton, West Virginia-
Ohio area are 4.83 tons per day (tpd) VOC and 5.91 tpd NOX.
The 2018 budgets for the Ohio portion of the Steubenville-Weirton, West
Virginia-Ohio area are 2.14 tpd VOC and 2.43 tpd NOX.
(19) Approval--On April 18, 2013, Ohio submitted a request to revise
the approved MOBILE6.2 onroad inventories and motor vehicle emission
budgets (budgets) in the 1997 8-hour ozone maintenance plan for the
Toledo, Ohio area. The inventories and budgets are being revised with
budgets developed with the MOVES2010a model. The 2009 budgets for the
Toledo, Ohio area are 21.61 tons per day (tpd) VOC and 46.78 tpd
NOX. The 2018 budgets for the Toledo, Ohio area are 9.36 tpd
VOC and 17.64 tpd NOX.

[[Page 664]]

(20) Approval--On April 26, 2013, Ohio submitted a request to revise
the approved MOBILE6.2 onroad mobile source emissions inventories and
motor vehicle emission budgets (budgets) in the 1997 8-hour ozone
maintenance plan for the Ohio portion of the Parkersburg-Marietta, West
Virginia-Ohio area. The inventories and budgets are being revised with
inventories and budgets developed with the MOVES2010a model. The 2009
budgets for the Ohio portion of the Parkersburg-Marietta, West Virginia-
Ohio area are 4.15 tons per day (tpd) VOC and 7.33 tpd NOX.
The 2018 budgets for the Ohio portion of the Parkersburg-Marietta, West
Virginia-Ohio area are 1.93 tpd VOC and 3.25 tpd NOX.
(gg) Approval--EPA is approving requests submitted by the State of
Ohio on April 4, 2005, and supplemented on May 20, 2005, February 14,
2006, May 9, 2006, October 6, 2006, and February 19, 2008, to
discontinue the vehicle inspection and maintenance (I/M) program in the
Cincinnati-Hamilton and Dayton-Springfield areas. The submittal also
includes Ohio's demonstration that eliminating the I/M programs in the
Cincinnati-Hamilton and Dayton-Springfield areas will not interfere with
the attainment and maintenance of the ozone NAAQS and the fine
particulate NAAQS and with the attainment and maintenance of other air
quality standards and requirements of the CAA. We are further approving
Ohio's request to modify the SIP such that I/M is no longer an active
program in these areas and is instead a contingency measure in these
areas' maintenance plans.
(hh) 8-hour Emissions Inventories. (1) Approval--Ohio's 2002
inventory satisfies the base year emissions inventory requirements of
section 172(c)(3) of the Clean Air Act for the Columbus area under the
1997 8-hour ozone standard.
(2) Approval--Ohio's 2002 inventory satisfies the base year
emissions inventory requirements of section 182(a)(1) of the Clean Air
Act for the Cleveland-Akron-Lorain area under the 1997 8-hour ozone
standard.
(ii) Approval--The 15 percent Volatile Organic Compound reasonable
further progress plan for the Cleveland-Akron-Lorain 1-hour ozone area,
submitted by Ohio on June 15, 2007, and February 22, 2008, satisfies the
requirements of section 182(b)(1) of the Clean Air Act.
(3) Approval--Ohio's 2005 inventory satisfies the base year
emissions inventory requirements of section 172(c)(3) of the Clean Air
Act for the Ohio portion of the Cincinnati-Hamilton, OH-KY-IN area under
the 1997 8-hour ozone standard.
(jj) Approval--EPA is approving exemptions under section 182(f) from
requirements for reasonably available control technology for oxides of
nitrogen for the Cleveland-Akron-Lorain 8-hour ozone nonattainment area
with respect to the 1997 ozone standards. This waiver was requested by
Ohio on March 17, 2009.
(kk) Disapproval. EPA is disapproving the coating VOC content limit
for high performance architectural aluminum coatings contained in
paragraph (U)(1)(h) of chapter 3745-21-09 of the Ohio Administrative
Code.
[45 FR 72142, Oct. 31, 1980]
Editorial Note: For Federal Register citations affecting Sec.
52.1885, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.

Sec. 52.1886 Visibility protection.

(a) Regional Haze. The requirements of section 169A of the Clean Air
Act are not met because the regional haze plan submitted by Ohio on
March 11, 2011, does not include fully approvable measures for meeting
the requirements of 40 CFR 51.308(d)(3) and 51.308(e) with respect to
emissions of NOX and SO2 from electric generating
units. EPA has given limited approval and limited disapproval to the
plan provisions addressing these requirements.
(b) Measures Addressing Limited Disapproval Associated With NOX. The
deficiencies associated with NOX identified in EPA's limited
disapproval of the regional haze plan submitted by Ohio on March 11,
2011, are satisfied Sec. 52.1882.
(c) Measures Addressing Limited Disapproval Associated With SO2. The
deficiencies associated with SO2 identified in EPA's limited
disapproval of the regional haze plan submitted by Ohio on March 11,
2011, are satisfied by Sec. 52.1883.
[77 FR 33658, June 7, 2012]

[[Page 665]]

Sec. 52.1887 Control strategy: Carbon monoxide.

(a) Part D--Approval--The following portions of the Ohio plan are
approved:
(1) The carbon monoxide portions of rules 01, 02, 03, 04 (except the
portion disapproved in Sec. 52.1877(c)), 05, 06, 07, 08, 09 (except the
portions conditionally approved in Sec. 52.1877(b)) and 10 of Chapter
3745-21 of the Ohio Administrative Code.
(2) The transportation control plans for the following urban areas:
Akron (ozone component only), Canton, Cincinnati, Columbus, Dayton,
Steubenville, Toledo (ozone component only), Cleveland.
(3) The carbon monoxide attainment and reasonable further progress
demonstrations for the following urban areas: Cincinnati, Cleveland,
Columbus and Youngstown.
(b) [Reserved]
(c) Part D--No Action--USEPA at this time takes no action on the
carbon monoxide portions of the plan submitted for the urban areas of
Akron and Toledo nor on the vehicle inspection and maintenance (I/M)
program required for those nonattainment areas which have requested an
extension to demonstrate carbon monoxide attainment.
(d) Disapproval--On June 9, 1982 (draft), and November 9, 1982
(final), the State of Ohio submitted a revised demonstration that
attempts to show attainment by December 31, 1982, of the carbon monoxide
(CO) National Ambient Air Quality Standards (NAAQS) for the Cleveland
urban area. Supplemental information was submitted on March 8, 1983,
March 16, 1983, December 5, 1983, and May 9, 1985. The June 9, 1982, and
March 8, 1983, submittals also requested that the 5-year extension for
meeting the NAAQS requested on July 29, 1979, and granted by USEPA on
October 31, 1980, and June 18, 1981, be rescinded for this area. The
attainment demonstration and rescission request are disapproved by USEPA
because they do not meet the requirements of Sec. 51.10(b).
(e) Approval--On October 20, 2005, Ohio submitted a State
Implementation Plan (SIP) revision of the Cuyahoga County carbon
monoxide (CO) maintenance plan. The CO maintenance plan revision is an
update to the current approved maintenance plan and continues to
demonstrate maintenance of the CO National Ambient Air Quality Standard
(NAAQS) for an additional 10 years. The maintenance plan revision is
submitted as a limited maintenance plan for the Cuyahoga County, Ohio
carbon monoxide area and provides an unlimited motor vehicle emissions
budget as long as the ambient CO levels remain below the 7.65 parts per
million design value specified as the criterion for the limited
maintenance plan.

[45 FR 72143, Oct. 31, 1980, as amended at 45 FR 72147, Oct. 31, 1980;
49 FR 22815, June 1, 1984; 51 FR 10391, Mar. 26, 1986; 54 FR 615, Jan.
9, 1989; 54 FR 12621, Mar. 28, 1989; 55 FR 17752, Apr. 27, 1990; 71 FR
31100, June 1, 2006]

Sec. 52.1888 Operating permits.

Emission limitations and related provisions which are established in
Ohio operating permits as federally enforceable conditions in accordance
with Rule 3745-35-07 shall be enforceable by USEPA and by any person
under section 304 of the Clean Air Act. USEPA reserves the right to deem
permit conditions not federally enforceable. Such a determination will
be made according to appropriate procedures, and will be based upon the
permit, permit approval procedures or permit requirements which do not
conform with the operating permit program requirements or the
requirements of USEPA's underlying regulations.

[60 FR 55202, Oct. 30, 1995]

Sec. 52.1889 Small business stationary source technical and
environmental compliance assistance program.

The Ohio program, submitted as a requested revision to the Ohio
State Implementation Plan on May 17, 1994, and May 4, 1995, satisfies
the requirements of section 507 of the Clean Air Act.

[60 FR 42045, Aug. 15, 1995]

Sec. 52.1890 Removed control measures.

On the dates listed below, Ohio requested that the indicated control
measures be removed from the Ohio State Implementation Plan (SIP).
(a) On February 21, 1997, the State of Ohio requested that the
following rules

[[Page 666]]

and rule paragraphs be removed from the SIP because they have been
amended or revoked by the State subsequent to their incorporation in the
SIP: OAC 3745-21-02(C), OAC 3745-21-03(D), OAC 3745-21-05, OAC 3745-22-
01, OAC 3745-22-02, OAC 3745-22-03, OAC 3745-22-04, OAC 3745-22-05, OAC
3745-22-06, OAC 3745-22-07, OAC 3745-22-08, OAC 3745-23-03, OAC 3745-23-
04, OAC 3745-23-05, and OAC 3745-102-07.
(b) [Reserved]
(c) On April 11, 2005, the Ohio Environmental Protection Agency
submitted a request to revise the State's plan controlling nitrogen
oxide emissions from stationary sources in the State. The request
included the results of the action taken by Ohio EPA to rescind OAC
3745-23-06, which affected emissions of oxides of nitrogen from
combustion sources and nitric acid plants. This action was preceded by a
negative declaration regarding nitric acid plants dated April 11, 1994,
and rule approvals (NOX SIP Call, NSPS, budget trading
program, etc.) affecting large fossil-fueled utility and industrial
boilers. OAC 3745-23-06, Control of nitrogen oxide emissions from
stationary sources, also known as AP-7-06 in its original form, is
therefore removed from the Ohio SIP.
(d) On August 22, 2008, Ohio requested that Ohio Administrative Code
3745-17-05 ``Non-degradation Policy.'' be removed from the Ohio SIP. The
rule was rescinded statewide on February 1, 2008.
[62 FR 47947, Sept. 12, 1997, as amended at 71 FR 76919, Dec. 22, 2006;
75 FR 65572, Oct. 26, 2010]

Sec. 52.1891 Section 110(a)(2) infrastructure requirements.

(a) Approval. In a December 5, 2007 submittal, supplemented on April
7, 2011, Ohio certified that the State has satisfied the infrastructure
SIP requirements of section 110(a)(2)(A) through (C), (D)(ii), (E)
through (H), and (J) through (M) for the 1997 8-hour ozone NAAQS.
(b) Approval. In a December 5, 2007 submittal, supplemented on April
7, 2011, Ohio certified that the State has satisfied the infrastructure
SIP requirements of section 110(a)(2)(A) through (C), (D)(ii), (E)
through (H), and (J) through (M) for the 1997 PM2.5 NAAQS.
(c) Approval and Disapproval--In a September 4, 2009 submittal,
supplemented on June 3, 2011, and July 5, 2012, Ohio certified that the
State has satisfied the infrastructure SIP requirements of section
110(a)(2)(A) through (H), and (J) through (M) for the 2006 24-hour
PM2.5 NAAQS. We are not finalizing action on the visibility
protection requirements of (D)(i)(II) or the state board requirements of
(E)(ii). We will address these requirements in a separate action. We are
disapproving narrow portions of Ohio's infrastructure SIP submission
addressing the relevant prevention of significant deterioration
requirements of the 2008 NSR Rule (identifying PM2.5
precursors, and the regulation of PM2.5 and PM10
condensables in permits) and the Phase 2 Rule (identification of
NOX as a precursor to ozone) with respect to section
110(a)(2)(C), (D)(i)(II), and (J).
(d) Approval--In a June 7, 2013, submission, Ohio certified that the
state has satisfied the infrastructure SIP requirements of section
110(a)(2)(E)(ii) for the 2006 24-hour PM2.5 NAAQS.
[76 FR 41086, July 13, 2011, as amended at 77 FR 65488, Oct. 29, 2012;
79 FR 19001, Apr. 7, 2014]

Sec. 52.1892 Determination of attainment.

(a) Based upon EPA's review of the air quality data for the 3-year
period 2007-2009, EPA determined that the Huntington-Ashland, West
Virginia-Kentucky-Ohio PM2.5 nonattainment Area attained the
1997 annual PM2.5 NAAQS by the applicable attainment date of
April 5, 2010. Therefore, EPA has met the requirement pursuant to CAA
section 179(c) to determine, based on the Area's air quality as of the
attainment date, whether the Area attained the standard. EPA also
determined that the Huntington-Ashland PM2.5 nonattainment
Area is not subject to the consequences of failing to attain pursuant to
section 179(d).
(b) Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, EPA determined that the Cleveland-Akron, Columbus,
Dayton-Springfield, and Steubenville-Weirton fine particle
(PM2.5) nonattainment areas attained the 1997 annual
PM2.5

[[Page 667]]

National Ambient Air Quality Standard (NAAQS) by the applicable
attainment date of April 5, 2010. Therefore, EPA has met the requirement
pursuant to CAA section 179(c) to determine, based on the area's air
quality as of the attainment date, whether the area attained the
standard. EPA also determined that the Cleveland-Akron, Columbus,
Dayton-Springfield, and Steubenville-Weirton PM2.5
nonattainment areas are not subject to the consequences of failing to
attain pursuant to section 179(d).
(c) Based upon EPA's review of the air quality data for the 3-year
period 2007-2009, EPA determined that the Cincinnati-Hamilton, Ohio-
Kentucky-Indiana PM2.5 nonattainment Area attained the 1997
annual PM2.5 NAAQS by the applicable attainment date of April
5, 2010. Therefore, EPA has met the requirement pursuant to CAA section
179(c) to determine, based on the Area's air quality as of the
attainment date, whether the Area attained the standard. EPA also
determined that the Cincinnati-Hamilton, Ohio, Kentucky, and Indiana
PM2.5 nonattainment Area is not subject to the consequences
of failing to attain pursuant to section 179(d).
(d) Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, EPA determined that the Parkersburg-Marietta, WV-OH
and Wheeling, WV-OH fine particle (PM2.5) nonattainment areas
attained the 1997 annual PM2.5 National Ambient Air Quality
Standard (NAAQS) by the applicable attainment date of April 5, 2010.
Therefore, EPA has met the requirement pursuant to CAA section 179(c) to
determine, based on the areas' air quality as of the attainment date,
whether the areas attained the standard. EPA also determined that the
Parkersburg-Marietta, WV-OH and Wheeling, WV-OH PM2.5
nonattainment areas are not subject to the consequences of failing to
attain pursuant to section 179(d).
(e) Based upon EPA's review of the air quality data for the 3-year
period 2010 to 2012, EPA determined that the Bellefontaine, OH lead
nonattainment areas attained the 2008 Lead National Ambient Air Quality
Standard (NAAQS). This clean data determination suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as this area continues to meet
the 2008 lead NAAQS.

[76 FR 55544, Sept. 7, 2011, as amended at 76 FR 56643, Sept. 14, 2011;
76 FR 60376, Sept. 29, 2011; 76 FR 75467, Dec. 1, 2011; 78 FR 66283,
Nov. 5, 2013]

Sec. 52.1919 Identification of plan-conditional approval.

(a) The plan commitments listed below were submitted on the dates
specified.
(1) [Reserved]
(2) On April 20, 1994, Ohio submitted Rule 3745-35-07, entitled
``Federally Enforceable Limitations on Potential to Emit,'' and
requested authority to issue such limitations as conditions in State
operating permits. On June 16, 1994, Ohio submitted a commitment to
revise Rule 3745-35-07 to clarify that the rule provides for USEPA
objection to permits after issuance. The revisions are approved provided
Ohio fulfills this commitment by October 25, 1995.
(i) Incorporation by reference.
(A) Rule 3745-35-07, adopted April 4, 1994, effective April 20,
1994.
(3) Conditional Approval--On August 17, 1995, the Ohio Environmental
Protection Agency submitted a revision to the State Implementation Plan.
The submittal pertained to a plan for the implementation of the federal
transportation conformity requirements at the State or local level in
accordance with 40 CFR part 51, subpart T--Conformity to State or
Federal Implementation Plans of Transportation Plans, Programs, and
Projects Developed, Funded or Approved Under Title 23 U.S.C. or the
Federal Transit Act. This conditional approval is based, in part, on the
State's commitment, submitted in a letter on April 1, 1996, to submit
revised transportation conformity rules to incorporate the two
amendments to the federal transportation conformity regulations. The
State of Ohio committed to revise its transportation conformity rules by
November 14, 1996. If the State ultimately fails to

[[Page 668]]

meet its commitment to meet these requirements within one year of final
conditional approval, then USEPA's action for the State's requested SIP
revision will automatically convert to a final disapproval.
(i) Incorporation by reference. August 1, 1995, Ohio Administrative
Code Chapter 3745-101, effective August 21, 1995.
(4) On March 1, 1996, Ohio submitted revisions to its Permit to
Install rules as a revision to the State implementation plan. The
request was supplemented on April 16, 1997, September 5, 1997, December
4, 1997, and April 21, 1998.
(i) Incorporation by reference.
(A) Rule 3745-31-01 through 3745-31-20, effective September 25,
1998.
(b) On October 9, 2000, the Ohio Environmental Protection Agency
submitted a revision to Ohio Administrative Code (OAC) 3745-21-09(BBB).
The revision removed a requirement that for the agerite resin D process,
the VOC emissions from the vapor recovery system vents and
neutralization and distillation system vents (except wash kettle or
still feed condenser vents, stills vacuum jet tailpipe vents, and
process emergency safety relief devices) be vented to an emissions
control device that is designed and operated to achieve an emissions
control efficiency of at least 90 percent, by weight. In place of this
deleted emissions control efficiency requirement, the revised paragraph
now specifies a total annual VOC emissions limit of 1.0 ton from the
recovery system and neutralization and distillation system vents. The
revision lacked test procedures and record keeping requirements
compatible with the revised emission limit. On March 1, 2010, Ohio
submitted a commitment to revise OAC 3745-21-09(BBB) to include the
necessary test procedures and record keeping requirements by September
16, 2011. When EPA determines the state has met its commitment, OAC
3745-21-09(BBB) will be incorporated by reference into the SIP.

[61 FR 24460, May 15, 1996, as amended at 61 FR 24705, May 16, 1996; 66
FR 51572, Oct. 10, 2001; 75 FR 50712, Aug. 17, 2010; 75 FR 65572, Oct.
26, 2010; 78 FR 19130, Mar. 29, 2013]

Subpart LL_Oklahoma

Sec. 52.1920 Identification of plan.

(a) Purpose and scope. This section sets forth the applicable State
Implementation Plan (SIP) for Oklahoma under section 110 of the Clean
Air Act, 42 U.S.C. 7410, and 40 CFR part 51 to meet national ambient air
quality standards.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date on or before June
1, 2000, was approved for incorporation by reference by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Material is incorporated as it exists on the date of the approval,
and notice of any change in the material will be published in the
Federal Register. Entries in paragraphs (c) and (d) of this section with
EPA approval dates after June 1, 2000, will be incorporated by reference
in the next update to the SIP compilation.
(2) EPA Region 6 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated State
rules/regulations which have been approved as part of the State
Implementation Plan as of June 1, 2000.
(3) Copies of the materials incorporated by reference may be
inspected at the EPA Region 6 Office at 1445 Ross Avenue, Suite 700,
Dallas, Texas, 75202-2733; Air and Radiation Docket (6102A), Room M1500,
U.S. Environmental Protection Agency, Ariel Rios Building, 1200
Pennsylvania Avenue, NW., Washington, DC 20460 or at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
(c) EPA approved regulations.

[[Page 669]]

EPA Approved Oklahoma Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
Oklahoma Air Pollution Control Regulations
----------------------------------------------------------------------------------------------------------------
Subchapter 5. Registration, Emissions Inventory and Annual Operating Fees
----------------------------------------------------------------------------------------------------------------
252:100-5-1..................... Purpose............ 6/11/2001 11/26/2010, 75 FR
72695.
----------------------------------------------------------------------------------------------------------------
Regulation 1.4. Air Resources Management Permits Required
Regulation 1.4.1 General Permit Requirements
----------------------------------------------------------------------------------------------------------------
1.4.1(a)........................ Scope and purpose.. \1\ 5/19/ 8/25/1983, 48 FR Minor sources only.
1983 38635.
1.4.1(b)........................ General 6/4/1990 7/23/1991, 56 FR Minor sources only.
requirements. 33715.
1.4.1(c)........................ Necessity to obtain 6/4/1990 7/23/1991, 56 FR Minor sources only.
permit. 33715.
1.4.1(d)........................ Permit fees........ \1\ 5/19/ 8/25/1983, 48 FR Minor sources only.
1983 38635.
----------------------------------------------------------------------------------------------------------------
1.4.2 Construction Permit
----------------------------------------------------------------------------------------------------------------
1.4.2(a)........................ Standards required. 6/4/1990 7/23/1991, 56 FR Minor sources only.
33715.
1.4.2(b)........................ Stack height 6/11/1989 8/20/1990, 55 FR Minor sources only.
limitation. 33905.
1.4.2(c)........................ Permit applications 6/4/1990 7/23/1991, 56 FR Minor sources only.
33715.
1.4.2(d)........................ Action on \1\ 5/19/ 8/25/1983, 48 FR Minor sources only.
applications. 1983 38635.
1.4.2(e)........................ Public review...... 6/11/1989 8/20/1990, 55 FR Minor sources only.
33905.
1.4.2(f)........................ Construction permit \1\ 5/19/ 8/25/1983, 48 FR Minor sources only.
conditions. 1983 38635.
1.4.2(g)........................ Cancellation of \1\ 2/6/1984 7/27/1984, 49 FR Minor sources only.
authority to 30184.
construct or
modify.
1.4.2(h)........................ Relocation permits. 11/14/1990 7/23/1991, 56 FR Minor sources only.
33715.
----------------------------------------------------------------------------------------------------------------
1.4.3 Operating Permit
----------------------------------------------------------------------------------------------------------------
1.4.3(a)........................ Requirements....... \1\ 5/19/ 8/25/1983, 48 FR Minor sources only.
1983 38635.
1.4.3(b)........................ Permit applications \1\ 5/19/ 8/25/1983, 48 FR Minor sources only.
1983 38635.
1.4.3(c)........................ Operating permit \1\ 5/19/ 8/25/1983, 48 FR Minor sources only.
conditions. 1983 38635.
----------------------------------------------------------------------------------------------------------------
Regulation 3.8. Control of Emission of Hazardous Air Contaminants
----------------------------------------------------------------------------------------------------------------
3.8(a).......................... Purpose............ 04/19/1982 08/15/1983, 48 FR
36819.
3.8(b).......................... Definitions........ 04/19/1982 08/15/1983, 48 FR
36819.
3.8(c).......................... Emission Standards 04/19/1982 08/15/1983, 48 FR
for Hazardous Air 36819.
Contaminants.
----------------------------------------------------------------------------------------------------------------
OKLAHOMA ADMINISTRATIVE CODE, TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY
CHAPTER 4 (OAC 252:4). RULES OF PRACTICE AND PROCEDURE
----------------------------------------------------------------------------------------------------------------
Subchapter 1. General Provisions
----------------------------------------------------------------------------------------------------------------
252:4-1-1....................... Purpose and 6/11/2001 11/26/2010, 75 FR
authority. 72695.
252:4-1-2....................... Definitions........ 6/11/2001 11/26/2010, 75 FR
72695.
252:4-1-3....................... Organization....... 6/11/2001 11/26/2010, 75 FR
72695.
252:4-1-4....................... Office location and 6/11/2001 11/26/2010, 75 FR
hours; 72695.
communications.
252:4-1-5....................... Availability of a 6/11/2001 11/26/2010, 75 FR
record. 72695.
252:4-1-6....................... Administrative fees 6/11/2001 11/26/2010, 75 FR
72695.
252:4-1-7....................... Fee credits for 6/11/2001 11/26/2010, 75 FR
regulatory fees. 72695.
252:4-1-8....................... Board and councils. 6/11/2001 11/26/2010, 75 FR
72695.
252:4-1-9....................... Severability....... 6/11/2001 11/26/2010, 75 FR
72695.
----------------------------------------------------------------------------------------------------------------
Subchapter 3. Meetings and Public Forums
----------------------------------------------------------------------------------------------------------------
252:4-3-1....................... Meetings........... 6/11/2001 12/29/2008, 73 FR
79400.
252:4-3-2....................... Public forums...... 6/11/2001 12/29/2008, 73 FR
79400.
----------------------------------------------------------------------------------------------------------------
Subchapter 5. Rulemaking
----------------------------------------------------------------------------------------------------------------
252:4-5-1....................... Adoption and 6/11/2001 12/29/2008, 73 FR
revocation. 79400.
252:4-5-2....................... Rule development... 6/11/2001 12/29/2008, 73 FR
79400.
252:4-5-3....................... Petitions for 6/11/2001 12/29/2008, 73 FR
rulemaking. 79400.
252:4-5-4....................... Notice of permanent 6/11/2001 12/29/2008, 73 FR
rulemaking. 79400.

[[Page 670]]

252:4-5-5....................... Rulemaking hearings 6/11/2001 12/29/2008, 73 FR
79400.
252:4-5-6....................... Council actions.... 6/11/2001 12/29/2008, 73 FR
79400.
252:4-5-7....................... Presentation to 6/11/2001 12/29/2008, 73 FR
Board. 79400.
252:4-5-8....................... Board actions...... 6/11/2001 12/29/2008, 73 FR
79400.
252:4-5-9....................... Rulemaking record.. 6/11/2001 12/29/2008, 73 FR
79400.
----------------------------------------------------------------------------------------------------------------
Subchapter 7. Environmental Permit Process
----------------------------------------------------------------------------------------------------------------
PART 1. THE PROCESS
----------------------------------------------------------------------------------------------------------------
252:4-7-1....................... Authority.......... 6/11/2001 11/26/2010, 75 FR
72695.
252:4-7-2....................... Preamble........... 6/11/2001 11/26/2010, 75 FR
72695.
252:4-7-3....................... Compliance......... 6/11/2001 11/26/2010, 75 FR
72695.
252:4-7-4....................... Filing an 6/11/2001 11/26/2010, 75 FR
application,. 72695.
252:4-7-5....................... Fees............... 6/11/2001 11/26/2010, 75 FR
72695.
252:4-7-6....................... Receipt of 6/11/2001 11/26/2010, 75 FR
applications. 72695.
252:4-7-7....................... Administrative 6/11/2001 11/26/2010, 75 FR
completeness 72695.
review.
252:4-7-8....................... Technical review... 6/11/2001 11/26/2010, 75 FR
72695.
252:4-7-9....................... When review times 6/11/2001 11/26/2010, 75 FR
stop. 72695.
252:4-7-10...................... Supplemental time.. 6/11/2001 11/26/2010, 75 FR
72695.
252:4-7-11...................... Extensions......... 6/11/2001 11/26/2010, 75 FR
72695.
252:4-7-12...................... Failure to meet 6/11/2001 11/26/2010, 75 FR
deadline. 72695.
252:4-7-13...................... Notices............ 6/11/2001 11/26/2010, 75 FR NOT in SIP: Paragraph
72695. (e) and paragraph (f)
requirements for
permits other than
Part 70 permits.
252:4-7-14...................... Withdrawing 6/11/2001 11/26/2010, 75 FR
applications. 72695.
252:4-7-15...................... Permit issuance or 6/11/2001 11/26/2010, 75 FR
denial. 72695.
252:4-7-16...................... Tier II and III 6/11/2001 11/26/2010, 75 FR
modifications. 72695.
252:4-7-17...................... Permit decision- 6/11/2001 11/26/2010, 75 FR
making authority. 72695.
252:4-7-18...................... Pre-issuance permit 6/11/2001 11/26/2010, 75 FR
review and 72695.
correction.
252:4-7-19...................... Consolidation of 6/11/2001 11/26/2010, 75 FR
permitting process. 72695.
----------------------------------------------------------------------------------------------------------------
Part 3. Air Quality Division Tiers and Time Lines
----------------------------------------------------------------------------------------------------------------
252:4-7-31...................... Air quality time 6/11/2001 11/26/2010, 75 FR
lines. 72695.
252:4-7-33...................... Air quality 6/11/2001 11/26/2010, 75 FR
applications--Tier 72695.
II.
252:4-7-34...................... Air quality 6/11/2001 11/26/2010, 75 FR
applications--Tier 72695.
III.
----------------------------------------------------------------------------------------------------------------
Subchapter 9. Administrative Proceedings
----------------------------------------------------------------------------------------------------------------
Part 1. Enforcement
----------------------------------------------------------------------------------------------------------------
252:4-9-1....................... Notice of Violation 6/11/2001 12/29/2008, 73 FR
(``NOV''). 79400.
252:4-9-2....................... Administrative 6/11/2001 12/29/2008, 73 FR
compliance orders. 79400.
252:4-9-3....................... Determining penalty 6/11/2001 12/29/2008, 73 FR
79400.
252:4-9-4....................... Assessment orders.. 6/11/2001 12/29/2008, 73 FR
79400.
252:4-9-5....................... Considerations for 6/11/2001 12/29/2008, 73 FR
self-reporting of 79400.
noncompliance.
----------------------------------------------------------------------------------------------------------------
Part 3. Individual Proceedings
----------------------------------------------------------------------------------------------------------------
252:4-9-31...................... Individual 6/11/2001 12/29/2008, 73 FR
proceedings filed 79400.
by DEQ.
252:4-9-32...................... Individual 6/11/2001 12/29/2008, 73 FR
proceedings filed 79400.
by others.
252:4-9-33...................... Scheduling and 6/11/2001 12/29/2008, 73 FR
notice of hearings. 79400.
252:4-9-34...................... Administrative Law 6/11/2001 12/29/2008, 73 FR
Judges and Clerks. 79400.

[[Page 671]]

252:4-9-35...................... Service............ 6/11/2001 12/29/2008, 73 FR
79400.
252:4-9-36...................... Responsive pleading 6/11/2001 12/29/2008, 73 FR
79400.
252:4-9-37...................... Prehearing 6/11/2001 12/29/2008, 73 FR
conferences. 79400.
252:4-9-38...................... Discovery.......... 6/11/2001 12/29/2008, 73 FR
79400.
252:4-9-39...................... Subpoenas.......... 6/11/2001 12/29/2008, 73 FR
79400.
252:4-9-40...................... Record............. 6/11/2001 12/29/2008, 73 FR
79400.
252:4-9-41...................... Motions............ 6/11/2001 12/29/2008, 73 FR
79400.
252:4-9-42...................... Continuances....... 6/11/2001 12/29/2008, 73 FR
79400.
252:4-9-43...................... Summary judgment... 6/11/2001 12/29/2008, 73 FR
79400.
252:4-9-44...................... Default............ 6/11/2001 12/29/2008, 73 FR
79400.
252:4-9-45...................... Withdrawal and 6/11/2001 12/29/2008, 73 FR
dismissal. 79400.
252:4-9-46...................... Orders in 6/11/2001 12/29/2008, 73 FR
administrative 79400.
hearings.
----------------------------------------------------------------------------------------------------------------
Part 5. Air Quality Advisory Council Hearings
----------------------------------------------------------------------------------------------------------------
252:4-9-51...................... In general......... 6/11/2001 12/29/2008, 73 FR
79400.
252:4-9-52...................... Individual 6/11/2001 12/29/2008, 73 FR
proceedings. 79400.
252:4-9-53...................... Variance........... 6/11/2001 12/29/2008, 73 FR
79400.
252:4-9-54...................... State 6/11/2001 12/29/2008, 73 FR NOT in SIP: in the
implementation 79400. first sentence, the
plan hearings. phrase ``under 252:100-
11'' and the last
sentence which begins
with ``Additional
requirements for a SIP
hearing * * *.''
----------------------------------------------------------------------------------------------------------------
Appendices for OAC 252:Chapter 4
----------------------------------------------------------------------------------------------------------------
252:4, Appendix A............... Petition for 6/11/2001 12/29/2008, 73 FR
Rulemaking Before 79400.
the Environmental
Quality Board.
252:4, Appendix B............... Petition for 6/11/2001 12/29/2008, 73 FR
Declaratory Ruling. 79400.
252:4, Appendix C............... Permitting process 6/11/2001 11/26/2010, 75 FR
summary. 72695.
252:4, Appendix D............... Style of the Case 6/11/2001 12/29/2008, 73 FR
in an Individual 79400.
Proceeding.
----------------------------------------------------------------------------------------------------------------
CHAPTER 100 (OAC 252:100). AIR POLLUTION CONTROL
----------------------------------------------------------------------------------------------------------------
Subchapter 1. General Provisions
----------------------------------------------------------------------------------------------------------------
252:100-1-1..................... Purpose............ 05/26/1994 11/03/1999, 64 FR
59629.
252:100-1-2..................... Statutory 05/26/1994 11/03/1999, 64 FR
definitions. 59629.
252:100-1-3..................... Definitions........ 05/26/1994 11/03/1999, 64 FR
59629.
----------------------------------------------------------------------------------------------------------------
Subchapter 3. Air Quality Standards and Increments
----------------------------------------------------------------------------------------------------------------
252:100-3-1..................... Purpose............ 5/26/1994 11/3/1999, 64 FR
59629.
252:100-3-2..................... Primary standards.. 5/26/1994 11/3/1999, 64 FR
59629.
252:100-3-3..................... Secondary standards 5/26/1994 11/3/1999, 64 FR
59629.
252:100-3-4..................... Significant 7/1/1996 12/29/2008, 73 FR
deterioration 79400.
increments.
----------------------------------------------------------------------------------------------------------------
Subchapter 5. Registration, Emissions Inventory and Annual Operating Fees
----------------------------------------------------------------------------------------------------------------
252:100-5-1..................... Purpose............ 6/11/2001 11/26/2010, 75 FR
72695.
252:100-5-1.1................... Definitions........ 6/11/2001 11/26/2010, 75 FR NOT in SIP: Paragraph
72695. (D) under ``Regulated
air pollutants''.
252:100-5-2..................... Registration of 6/11/2001 11/26/2010, 75 FR
potential sources 72695.
of air
contaminants.
252:100-5-2.1................... Emission inventory. 6/11/2001 11/26/2010, 75 FR
72695.
252:100-5-2.2................... Annual operating 6/11/2001 11/26/2010, 75 FR
fees. 72695.
252:100-5-3..................... Confidentiality of 6/11/2001 11/26/2010, 75 FR
proprietary 72695.
information.
----------------------------------------------------------------------------------------------------------------

[[Page 672]]

Subchapter 8. Permits for Part 70 Sources
----------------------------------------------------------------------------------------------------------------
Part 1. General Provisions
----------------------------------------------------------------------------------------------------------------
252:100-8-1..................... Purpose............ 6/11/2001 11/26/2010, 75 FR
72695.
252:100-8-1.1................... Definitions........ 6/11/2001 11/26/2010, 75 FR
72695.
252:100-8-1.2................... General information 6/11/2001 11/26/2010, 75 FR
72695.
252:100-8-1.3................... Duty to comply..... 6/11/2001 11/26/2010, 75 FR
72695.
252:100-8-1.4................... Cancellation or 6/11/2001 11/26/2010, 75 FR
extension of a 72695.
construction
permit or
authorization
under a general
construction
permit.
252:100-8-1.5................... Stack height 6/11/2001 11/26/2010, 75 FR
limitations. 72695.
----------------------------------------------------------------------------------------------------------------
Part 5. Permits for Part 70 Sources
----------------------------------------------------------------------------------------------------------------
252:100-8-2..................... Definitions........ 6/11/2001 11/26/2010 75 FR NOT in SIP: Paragraph
72695. (C) under
``Insignificant
activities''.
252:100-8-3..................... Applicability...... 6/11/2001 11/26/2010, 75 FR
72695.
252:100-8-4..................... Requirements for 6/11/2001 11/26/2010, 75 FR
construction and 72695.
operating permits.
252:100-8-5..................... Permit applications 6/11/2001 11/26/2010, 75 FR
72695.
252:100-8-6..................... Permit content..... 6/11/2001 11/26/2010, 75 FR
72695.
252:100-8-6.1................... General permits.... 6/11/2001 11/26/2010, 75 FR
72695.
252:100-8-6.2................... Temporary sources.. 6/11/2001 11/26/2010, 75 FR
72695.
252:100-8-6.3................... Special provisions 6/11/2001 11/26/2010, 75 FR
for affected (acid 72695.
rain) sources.
252:100-8-7..................... Permit issuance.... 6/11/2001 11/26/2010, 75 FR
72695.
252:100-8-7.1................... Permit renewal and 6/11/2001 11/26/2010, 75 FR
expiration. 72695.
252:100-8-7.2................... Administrative 6/11/2001 11/26/2010 , 75 FR
permit amendments 72695.
and permit
modifications.
252:100-8-7.3................... Reopening of 6/11/2001 11/26/2010, 75 FR
operating permits 72695.
for cause.
252:100-8-7.4................... Revocations of 6/11/2001 11/26/2010, 75 FR
operating permits. 72695.
252:100-8-7.5................... Judicial review.... 6/11/2001 11/26/2010, 75 FR
72695.
252:100-8-8..................... Permit review by 6/11/2001 11/26/2010, 75 FR
EPA and affected 72695.
states.
----------------------------------------------------------------------------------------------------------------
Part 7. Prevention of Significant Deterioration (PSD) Requirements for Attainment Areas
----------------------------------------------------------------------------------------------------------------
252:100-8-30.................... Applicability...... 6/11/2001 11/26/2010, 75 FR
72695.
252:100-8-31.................... Definitions........ 6/11/2001 11/26/2010, 75 FR Revisions submitted on
72695. June 24, 2010 are
approved as follows: a
major source that is
major for NOX shall be
considered major for
ozone in the
definition of Major
Stationary Source;
Regulated NSR
pollutant definition;
and definition of
Significant.
252:100-8-32.................... Source 6/11/2001 11/26/2010, 75 FR
applicability 72695.
determination.
252:100-8-33.................... Exemptions......... 6/11/2001 11/26/2010, 75 FR The revision to OAC
72695. 252:100-8-33(c)(E)
submitted on June 24,
2010 is approved.

[[Page 673]]

252:100-8-34.................... Best available 6/11/2001 11/26/2010, 75 FR
control technology. 72695.
252:100-8-35.................... Air quality impact 6/11/2001 11/26/2010, 75 FR
evaluation. 72695.
252:100-8-36.................... Source impacting 6/11/2001 11/26/2010, 75 FR
Class I areas. 72695.
252:100-8-37.................... Innovative control 6/11/2001 11/26/2010, 75 FR
technology. 72695.
----------------------------------------------------------------------------------------------------------------
Part 9. Major Sources Affecting Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
252:100-8-50.................... Applicability...... 6/11/2001 11/26/2010, 75 FR
72695.
252:100-8-51.................... Definitions........ 6/11/2001 11/26/2010, 75 FR
72695.
252:100-8-52.................... Source 6/11/2001 11/26/2010, 75 FR NOT in SIP: paragraph
applicability 72695. (b)(2).
determination.
252:100-8-53.................... Exemptions......... 6/11/2001 11/26/2010, 75 FR
72695.
252:100-8-54.................... Requirements for 6/11/2001 11/26/2010, 75 FR
sources located in 72695.
nonattainment
areas PSD or NNSR
program
submissions
containing rule
changes for PM2.5.
----------------------------------------------------------------------------------------------------------------
Part 11. Visibility Protection Standards
----------------------------------------------------------------------------------------------------------------
(252:100:8-70 to 252:100:8-77).. Visibility 6/15/2007 12/28/11, 76 FR .......................
Protection 81728
Standards.
Subchapter 9. Excess Emission and Malfunction Reporting Requirements
----------------------------------------------------------------------------------------------------------------
252:100-9-1..................... Purpose............ 05/26/1994 11/03/1999, 64 FR
59629.
252:100-9-2..................... Definitions........ 05/26/1994 11/03/1999, 64 FR
59629.
252:100-9-3..................... General 05/26/1994 11/03/1999, 64 FR
requirements. 59629.
252:100-9-4..................... Maintenance 05/26/1994 11/03/1999, 64 FR
procedures. 59629.
252:100-9-5..................... Malfunctions and 05/26/1994 11/03/1999, 64 FR
releases. 59629.
252:100-9-6..................... Excesses resulting 05/26/1994 11/03/1999, 64 FR
from engineering 59629.
limitations.
----------------------------------------------------------------------------------------------------------------
Subchapter 13. Open Burning
----------------------------------------------------------------------------------------------------------------
252:100-13-1.................... Purpose............ 6/12/2000 12/29/2008, 73 FR
79400.
252:100-13-2.................... Definitions........ 6/12/2000 12/29/2008, 73 FR
79400.
252:100-13-5.................... Open burning 6/12/2000 12/29/2008, 73 FR
prohibited. 79400.
252:100-13-7.................... Allowed open 6/12/2000 12/29/2008, 73 FR
burning. 79400.
252:100-13-9.................... General conditions 6/12/2000 12/29/2008, 73 FR
and requirements 79400.
for allowed open
burning.
252:100-13-10................... Disaster relief.... 6/12/2000 12/29/2008, 73 FR
79400.
252:100-13-11................... Responsibility for 6/12/2000 12/29/2008, 73 FR
consequences of 79400.
open burning.
----------------------------------------------------------------------------------------------------------------
Subchapter 15. Motor Vehicle Pollution Control Devices
----------------------------------------------------------------------------------------------------------------
252:100-15-1.................... Purpose............ 05/26/1994 11/03/1999, 64 FR
59629.
252:100-15-2.................... Definitions........ 05/26/1994 11/03/1999, 64 FR
59629.
252:100-15-3.................... Scope.............. 05/26/1994 11/03/1999, 64 FR
59629.
252:100-15-4.................... Prohibitions....... 05/26/1994 11/03/1999, 64 FR
59629.
252:100-15-5.................... Maintenance, 05/26/1994 11/03/1999, 64 FR
repair, or testing. 59629.
252:100-15-6.................... Liquefied petroleum 05/26/1994 11/03/1999, 64 FR
gas. 59629.
----------------------------------------------------------------------------------------------------------------
Subchapter 17. Incinerators
----------------------------------------------------------------------------------------------------------------
Part 1. General Provisions
----------------------------------------------------------------------------------------------------------------
252:100-17-1.................... Purpose............ 6/25/1998 12/29/2008, 73 FR
79400.
252:100-17-1.1.................. Reference to 40 CFR 6/25/1998 12/29/2008, 73 FR
79400.
252:100-17-1.2.................. Terminology related 6/25/1998 12/29/2008, 73 FR
to 40 CFR. 79400.
----------------------------------------------------------------------------------------------------------------

[[Page 674]]

Part 3. Incinerators
----------------------------------------------------------------------------------------------------------------
252:100-17-2.................... Applicability...... 6/1/2001 12/29/2008, 73 FR
79400.
252:100-17-2.1.................. Exemptions......... 6/25/1998 12/29/2008, 73 FR
79400.
252:100-17-2.2.................. Definitions........ 6/25/1998 12/29/2008, 73 FR
79400.
252:100-17-3.................... Opacity............ 6/25/1998 12/29/2008, 73 FR
79400.
252:100-17-4.................... Particulate matter. 6/25/1998 12/29/2008, 73 FR
79400.
252:100-17-5.................... Incinerator design 6/1/2001 12/29/2008, 73 FR
requirements. 79400.
252:100-17-5.1.................. Alternative 6/1/2001 12/29/2008, 73 FR
incinerator design 79400.
requirements.
252:100-17-7.................... Test methods....... 6/25/1998 12/29/2008, 73 FR
79400.
----------------------------------------------------------------------------------------------------------------
Subchapter 19. Control of Emission of Particulate Matter
----------------------------------------------------------------------------------------------------------------
252:100-19-1.................... Purpose............ 6/1/2000 12/29/2008, 73 FR
79400.
252:100-19-1.1.................. Definitions........ 6/1/2000 12/29/2008, 73 FR
79400.
252:100-19-4.................... Allowable 6/1/2000 12/29/2008, 73 FR
particulate matter 79400.
emission rates
from fuel-burning
units.
252:100-19-10................... Allowable 6/1/2000 12/29/2008, 73 FR
particulate matter 79400.
emission rates
from indirectly
fired wood fuel-
burning units.
252:100-19-11................... Allowable 6/1/2000 12/29/2008, 73 FR
particulate matter 79400.
emission rates
from combined wood
fuel and fossil
fuel fired steam
generating units.
252:100-19-12................... Allowable 6/1/2000 12/29/2008, 73 FR
particulate matter 79400.
emission rates
from directly
fired fuel-burning
units and
industrial
processes.
252:100-19-13................... Permit by rule..... 6/1/2000 12/29/2008, 73 FR
79400.
----------------------------------------------------------------------------------------------------------------
Subchapter 23. Control of Emissions from Cotton Gins
----------------------------------------------------------------------------------------------------------------
252:100-23-1.................... Purpose............ 6/1/1999 12/29/2008, 73 FR
79400.
252:100-23-2.................... Definitions........ 6/1/1999 12/29/2008, 73 FR
79400.
252:100-23-3.................... Applicability, 6/1/2000 12/29/2008, 73 FR NOT in SIP: paragraph
general 79400. (b)(2).
requirements.
252:100-23-4.................... Visible emissions 6/1/1999 12/29/2008, 73 FR
(opacity) and 79400.
particulates.
252:100-23-5.................... Emission control 6/1/1999 12/29/2008, 73 FR
equipment. 79400.
252:100-23-6.................... Fugitive dust 6/1/1999 12/29/2008, 73 FR
controls. 79400.
252:100-23-7.................... Permit by rule..... 6/1/1999 12/29/2008, 73 FR
79400.
----------------------------------------------------------------------------------------------------------------
Subchapter 24. Particulate Matter Emissions from Grain, Feed or Seed Operations
----------------------------------------------------------------------------------------------------------------
252:100-24-1.................... Purpose............ 6/1/1999 12/29/2008, 73 FR
79400.
252:100-24-2.................... Definitions........ 6/1/1999 12/29/2008, 73 FR
79400.
252:100-24-3.................... Applicability, 6/1/2000 12/29/2008, 73 FR NOT in SIP: paragraph
general 79400. (b)(2).
requirements.
252:100-24-4.................... Visible emissions 6/1/1999 12/29/2008, 73 FR
(opacity) limit. 79400.
252:100-24-5.................... Certification...... 6/1/1999 12/29/2008, 73 FR
79400.
252:100-24-6.................... Fugitive dust 6/1/1999 12/29/2008, 73 FR
controls. 79400.
252:100-24-7.................... Permit by rule..... 6/1/1999 12/29/2008, 73 FR
79400.
----------------------------------------------------------------------------------------------------------------
Subchapter 25. Visible Emissions and Particulates
----------------------------------------------------------------------------------------------------------------
252:100-25-1.................... Purpose............ 6/1/1999 12/29/2008, 73 FR
79400.
252:100-25-2.................... General prohibition 6/1/1999 12/29/2008, 73 FR
79400.
252:100-25-2.1.................. Definitions........ 6/1/1999 12/29/2008, 73 FR
79400.
252:100-25-3.................... Opacity Limit...... 6/1/1999 12/29/2008, 73 FR
79400.
252:100-25-4.................... Alternative for 6/1/1999 12/29/2008, 73 FR
particulates. 79400.
252:100-25-5.................... Continuous emission 6/1/1999 12/29/2008, 73 FR
monitoring for 79400.
opacity.
----------------------------------------------------------------------------------------------------------------

[[Page 675]]

Subchapter 29. Control of Fugitive Dust
----------------------------------------------------------------------------------------------------------------
252:100-29-l.................... Purpose............ 5/26/1994 11/3/1999, 64 FR
59629.
252:100-29-2.................... General provisions. 6/1/2001 12/29/2008, 73 FR
79400.
252:100-29-3.................... Precautions 6/1/2001 12/29/2008, 73 FR
required in 79400.
maintenance or
nonattainment
areas.
252:100-29-4.................... Exception for 5/26/1994 11/3/1999, 64 FR
agricultural 59629.
purposes.
----------------------------------------------------------------------------------------------------------------
Subchapter 31. Control of Emission of Sulfur Compounds
----------------------------------------------------------------------------------------------------------------
PART 1. GENERAL PROVISIONS
----------------------------------------------------------------------------------------------------------------
252:100-31-1.................... Purpose............ 5/26/1994 11/3/1999, 64 FR
59629.
252:100-31-2.................... Definitions........ 5/26/1994 11/3/1999, 64 FR
59629.
252:100-31-3.................... Performance testing 5/26/1994 11/3/1999, 64 FR
59629.
----------------------------------------------------------------------------------------------------------------
Part 3. Existing Equipment Standards
----------------------------------------------------------------------------------------------------------------
252:100-31-12................... Sulfur oxides...... 5/26/1994 11/3/1999, 64 FR
59629.
252:100-31-13................... Sulfuric acid mist. 5/26/1994 11/3/1999, 64 FR
59629.
252:100-31-14................... Hydrogen sulfide... 5/26/1994 11/3/1999, 64 FR
59629.
252:100-31-15................... Total reduced 5/26/1994 11/3/1999, 64 FR
sulfur. 59629.
----------------------------------------------------------------------------------------------------------------
Part 5. New Equipment Standards
----------------------------------------------------------------------------------------------------------------
252:100-31-25................... Sulfur oxides...... 7/1/1995 12/29/2008, 73 FR
79400.
252:100-31-26................... Hydrogen sulfide... 5/26/1994 11/3/1999, 64 FR
59629.
----------------------------------------------------------------------------------------------------------------
Subchapter 33. Control of Emission of Nitrogen Oxides
----------------------------------------------------------------------------------------------------------------
252:100-33-l.................... Purpose............ 5/26/1994 11/3/1999, 64 FR
59629.
252:100-33-1.1.................. Definitions........ 6/1/2001 12/29/2008, 73 FR
79400.
252:100-33-1.2.................. Applicability...... 6/1/2001 12/29/2008, 73 FR
79400.
252:100-33-2.................... Emission limits.... 6/1/2001 12/29/2008, 73 FR
79400.
----------------------------------------------------------------------------------------------------------------
Subchapter 35. Control of Emission of Carbon Monoxide
----------------------------------------------------------------------------------------------------------------
252:100-35-1.................... Purpose............ 6/1/2000 12/29/2008, 73 FR
79400.
252:100-35-1.1.................. Definitions........ 6/1/2000 12/29/2008, 73 FR
79400.
252:100-35-2.................... Emission limits.... 6/1/2000 12/29/2008, 73 FR
79400.
----------------------------------------------------------------------------------------------------------------
Subchapter 37. Control of Emission of Organic Materials
----------------------------------------------------------------------------------------------------------------
Part 1. General Provisions
----------------------------------------------------------------------------------------------------------------
252:100-37-1.................... Purpose............ 6/11/1999 12/29/2008, 73 FR
79400.
252:100-37-2.................... Definitions........ 6/11/1999 12/29/2008, 73 FR
79400.
252:100-37-3.................... Applicability and 6/11/1999 12/29/2008, 73 FR
compliance. 79400.
252:100-37-4.................... Exemptions......... 6/11/1999 12/29/2008, 73 FR
79400.
252:100-37-5.................... Operation and 6/11/1999 12/29/2008, 73 FR
maintenance. 79400.
----------------------------------------------------------------------------------------------------------------
Part 3. Control of VOCs in Storage and Loading Operations
----------------------------------------------------------------------------------------------------------------
252:100-37-15................... Storage of VOCs.... 6/11/1999 12/29/2008, 73 FR
79400.
252:100-37-16................... Loading of VOCs.... 6/11/1999 12/29/2008, 73 FR
79400.
----------------------------------------------------------------------------------------------------------------
Part 5 Control of VOCs in Coating Operations
----------------------------------------------------------------------------------------------------------------
252:100-37-25................... Coating of parts 6/11/1999 12/29/2008, 73 FR
and products. 79400.
252:100-37-26................... Clean up with VOCs. 6/11/1999 12/29/2008, 73 FR
79400.
----------------------------------------------------------------------------------------------------------------
Part 7. Control of Specific Processes
----------------------------------------------------------------------------------------------------------------
252:100-37-35................... Waste gas disposal. 6/11/1999 12/29/2008, 73 FR
79400.
252:100-37-36................... Fuel-burning and 6/11/1999 12/29/2008, 73 FR
refuse-burning 79400.
equipment.
252:100-37-37................... Effluent water 6/11/1999 12/29/2008, 73 FR
separators. 79400.

[[Page 676]]

252:100-37-38................... Pumps and 6/11/1999 12/29/2008, 73 FR
compressors. 79400.
----------------------------------------------------------------------------------------------------------------
Part 9. Permit by Rule for VOC Storage and Leading Facilities
----------------------------------------------------------------------------------------------------------------
252:100-37-41................... Applicability...... 6/11/1999 12/29/2008, 73 FR
79400.
252:100-37-42................... Permit-by-rule 6/11/1999 12/29/2008, 73 FR
requirements. 79400.
----------------------------------------------------------------------------------------------------------------
Subchapter 39. Emission of Organic Materials in Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
Part 1. General Provisions
----------------------------------------------------------------------------------------------------------------
252:100-39-1.................... Purpose............ 6/11/1999 12/29/2008, 73 FR
79400.
252:100-39-2.................... Definitions........ 6/11/1999 12/29/2008, 73 FR
79400.
252:100-39-3.................... General 6/11/1999 12/29/2008, 73 FR
applicability. 79400.
252:100-39-4.................... Exemptions......... 6/11/1999 12/29/2008, 73 FR
79400.
----------------------------------------------------------------------------------------------------------------
Part 3. Petroleum Refinery Operations
----------------------------------------------------------------------------------------------------------------
252:100-39-15................... Petroleum refinery 6/11/1999 12/29/2008, 73 FR
equipment leaks. 79400.
252:100-39-16................... Petroleum refinery 6/11/1999 12/29/2008, 73 FR
process unit 79400.
turnaround.
252:100-39-17................... Petroleum refinery 6/11/1999 12/29/2008, 73 FR
vacuum producing 79400.
system.
252:100-39-18................... Petroleum refinery 6/11/1999 12/29/2008, 73 FR
effluent water 79400.
separators.
----------------------------------------------------------------------------------------------------------------
Part 5. Petroleum Processing and Storage
----------------------------------------------------------------------------------------------------------------
252:100-39-30................... Petroleum liquid 6/11/1999 12/29/2008, 73 FR
storage in vessels 79400.
with external
floating roofs.
----------------------------------------------------------------------------------------------------------------
Part 7. Specific Operations
----------------------------------------------------------------------------------------------------------------
252:100-39-40................... Cutback asphalt 6/11/1999 12/29/2008, 73 FR
(paving). 79400.
252:100-39-41................... Storage, loading 6/11/1999 12/29/2008, 73 FR
and transport/ 79400.
delivery of VOCs.
252:100-39-42................... Metal cleaning..... 6/11/1999 12/29/2008, 73 FR
79400.
252:100-39-43................... Graphic arts 6/11/1999 12/29/2008, 73 FR
systems. 79400.
252:100-39-44................... Manufacture of 6/11/1999 12/29/2008, 73 FR
pneumatic rubber 79400.
tires.
252:100-39-45................... Petroleum (solvent) 6/11/1999 12/29/2008, 73 FR
dry cleaning. 79400.
252:100-39-46................... Coating of parts 6/11/1999 12/29/2008, 73 FR
and products. 79400.
252:100-39-47................... Control of VOC 6/11/1999 12/29/2008, 73 FR
emissions from 79400.
aerospace
industries
coatings
operations.
252:100-39-49................... Manufacturing of 6/11/1999 12/29/2008, 73 FR
fiberglass 79400.
reinforced plastic
products.
----------------------------------------------------------------------------------------------------------------
Subchapter 43. Sampling and Testing Methods
----------------------------------------------------------------------------------------------------------------
Part 1. General Provisions
----------------------------------------------------------------------------------------------------------------
252:100-43-1.................... Purpose............ 05/26/1994 11/03/1999, 64 FR
59629.
252:100-43-2.................... Test procedures.... 05/26/1994 11/03/1999, 64 FR
59629.
252:100-43-3.................... Conduct of tests... 05/26/1994 11/03/1999, 64 FR
59629.
----------------------------------------------------------------------------------------------------------------
Part 3. Specific Methods
----------------------------------------------------------------------------------------------------------------
252:100-43-15................... Gasoline vapor leak 05/26/1994 11/03/1999, 64 FR
detection 59629.
procedure by
combustible gas
detector.
----------------------------------------------------------------------------------------------------------------

[[Page 677]]

Subchapter 45. Monitoring of Emissions
----------------------------------------------------------------------------------------------------------------
252:100-45-1.................... Purpose............ 5/26/1994 11/3/1999, 64 FR
59629.
252:100-45-2.................... Monitoring 5/26/1994 11/3/1999, 64 FR
equipment required. 59629.
252:100-45-3.................... Records required... 5/26/1994 11/3/1999, 64 FR
59629.
252:100-45-4.................... Compliance 7/1/1995 12/29/2008, 73 FR
certifications. 79400.
252:100-45-5.................... Enforceability..... 7/1/1995 12/29/2008, 73 FR
79400.
----------------------------------------------------------------------------------------------------------------
Appendices for OAC 252: Chapter 100
----------------------------------------------------------------------------------------------------------------
252:100, Appendix A............. Allowable Emissions 6/25/1998 12/29/2008, 73 FR
for Incinerators 79400.
with Capacities of
100/lbs/hr or
Greater.
252:100, Appendix B............. Allowable Emissions 6/25/1998 12/29/2008, 73 FR
for Incinerators 79400.
with Capacities
less than 100 lbs/
hr.
252:100, Appendix C............. Allowable Rate of 6/1/2001 12/29/2008, 73 FR
Emissions for 79400.
Indirectly Fired
Fuel-Burning Units.
252:100, Appendix D............. Allowable Rate of 6/1/2000 12/29/2008, 73 FR
Emissions for 79400.
Indirectly Fired
Wood Fuel-Burning
Units.
252:100, Appendix E............. Primary Ambient Air 6/1/1999 12/29/2008, 73 FR
Quality Standards. 79400.
252:100, Appendix F............. Secondary Ambient 6/1/1999 12/29/2008, 73 FR
Air Quality 79400.
Standards.
252:100, Appendix G............. Allowable Rate of 5/26/1994 11/30/1999, 64 FR
Emissions. 59629.
252:100, Appendix L............. PM-10 Emission 6/1/1999 12/29/2008, 73 FR
Factors for Permit 79400.
by Rule for Grain
Elevators.
----------------------------------------------------------------------------------------------------------------
Oklahoma Administrative Code, Title 595. Department of Public Safety, Chapter 20 (OAC 595:20). Inspection and
Equipment for Motor Vehicles
----------------------------------------------------------------------------------------------------------------
Subchapter 3. Emission and Mechanical Inspection of Vehicles
----------------------------------------------------------------------------------------------------------------
595:20-3-1...................... General 05/26/1994 02/29/1996, 61 FR Subsection (2) only.
instructions. 7709.
595:20-3-3...................... When emission anti- 5/26/1994 02/29/1996, 61 FR
tampering 7709.
inspection
required where
population less
than 500,000.
595:20-3-5...................... Emission inspection 05/26/1994 02/29/1996, 61 FR
areas. 7709.
595:20-3-6...................... Documentation for 05/26/1994 02/29/1996 61 FR
every inspection. 7709.
595:20-3-12..................... Inspection required 05/26/1994 02/29/1996 61 FR
each year. 7709.
595:20-3-25..................... Motorcycle or motor- 05/26/1994 02/29/1996 61 FR
driven cycles 7709.
(Class ``B'').
595:20-3-26..................... Trailer and 05/26/1994 02/29/1996 61 FR
semitrailer 7709.
trucks, (Class
``C'').
595:20-3-27..................... School Buses (Class 05/26/1994 02/29/1996 61 FR
``D''). 7709.
595:20-3-41..................... Supervisory 05/26/1994 02/29/1996 61 FR Subsection (o) only.
responsibility of 7709.
inspection station
owners and
operators.
595:20-3-42..................... Responsibility for 05/26/1994 02/29/1996 61 FR
signs, forms, etc. 7709.
595:20-3-46..................... Security measures.. 05/26/1994 02/29/1996 61 FR Subsections (a) and (b)
7709. only.
595:20-3-61..................... Refund of unused 05/26/1994 02/29/1996 61 FR Subsections (a), (b),
stickers. 7709. (e), and (f) only.

[[Page 678]]

595:20-3-63..................... Rejected vehicles.. 05/26/1994 02/29/1996 61 FR Subsections (b) and (g)
7709. only.
----------------------------------------------------------------------------------------------------------------
Subchapter 7. Inspection Stickers and Monthly Tab Inserts for Windshield and Trailer/Motorcycle
----------------------------------------------------------------------------------------------------------------
595:20-7-1...................... General............ 05/26/1994 02/29/1996 61 FR Subsections (c) and (f)
7709. only.
595:20-7-2...................... Inspection 05/26/1994 02/29/1996 61 FR Subsection (a) only.
certificate. 7709.
595:20-7-3...................... Rejection receipt-- 05/26/1994 02/29/1996 61 FR
Form VID 44. 7709.
595:20-7-4...................... Station monthly 05/26/1994 02/29/1996 61 FR Subsection (a) only.
report--Form VID 7709.
21.
595:20-7-5...................... Signature card-- 05/26/1994 02/29/1996 61 FR Subsection (a) only.
Form VID 17. 7709.
595:20-7-6...................... Request for 05/26/1994 02/29/1996 61 FR Subsection (a) only.
inspection 7709.
stickers--Form VID
19.
595:20-7-7...................... Request for refund-- 05/26/1994 02/29/1996 61 FR Subsection (a) only.
Form VID 25. 7709.
----------------------------------------------------------------------------------------------------------------
Subchapter 9. Class AE Inspection Station, Vehicle Emission Anti-Tampering Inspection
----------------------------------------------------------------------------------------------------------------
595:20-9-1...................... General............ 05/26/1994 02/29/1996 61 FR Subsection (a) only.
7709.
595:20-9-3...................... Vehicle emission 05/26/1994 02/29/1996 61 FR Subsections (l) and (m)
inspection. 7709. only.
595:20-9-7...................... Catalytic Converter 05/26/1994 02/29/1996, 61 FR
System (C.A.T.). 7709.
595:20-9-10..................... Evaporative 05/26/1994 02/29/1996, 61 FR Subsections (a), (b),
emission control 7709. and (c) only.
system (E.N.P.).
595:20-9-11..................... Air injection 05/26/1994 02/29/1996, 61 FR Subsection (a) only.
system (A.I.S. or 7709.
A.I.R.).
595:20-9-12..................... Positive crankcase 05/26/1994 02/29/1996, 61 FR Subsection (a) only.
ventilation system 7709.
(P.C.V. Valve).
595:20-9-13..................... Oxygen sensor...... 05/26/1994 02/29/1996, 61 FR Subsection (a) only.
7709.
595:20-9-14..................... Thermostatic air 05/26/1994 02/29/1996, 61 FR Subsections (a) and (b)
intake system 7709. only.
(T.A.C.).
595:20-9-15..................... Exhaust gas 05/26/1994 02/29/1996, 61 FR Subsection (a) only.
recirculation 7709.
system (E.G.R.).
----------------------------------------------------------------------------------------------------------------
Subchapter 11. Annual Motor Vehicle Inspection and Emission Anti-Tampering Inspection Records and Reports
----------------------------------------------------------------------------------------------------------------
595:20-11-1..................... General............ 05/26/1994 02/29/1996, 61 FR
7709.
595:20-11-2..................... Inspection 05/26/1994 02/29/1996, 61 FR Subsection (a) only.
certificate--VEC-1. 7709.
595:20-11-3..................... Rejection 05/26/1994 02/29/1996, 61 FR Subsection (a) only.
certificate--VIID- 7709.
44.
595:20-11-4..................... Appeal procedure... 05/26/1994 02/29/1996, 61 FR
7709 .
----------------------------------------------------------------------------------------------------------------
\1\ Submitted.

(d) EPA approved state source-specific requirements.

EPA Approved Oklahoma Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
State
Name of source Permit No. submittal EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
General Motors, Oklahoma City: ................. 03/28/1977 12/20/1977, 42 FR Ref: 52.1960(c)(10).
Addendum I to Chapter 4, 63781.
Emissions Offset Agreement
for Permit Application.
McAlester Army Ammunition Variance......... 09/21/1979 05/26/1981, 46 FR Ref: 52.1960(c)(21).
Plant McAlester, OK. 28159.
Mesa Petroleum Company........ Variance......... 02/06/1984 07/27/1984, 49 FR Ref: 52.1960(c)(31).
30184.
Rockwell International, Tulsa. Alternate RACT... 03/09/1990 06/12/1990, 55 FR Ref: 52.1960(c)(36).
23730.
McDonald Douglas, Tulsa....... Alternate RACT... 03/09/1990 06/12/1990, 55 FR Ref: 52.1960(c)(36).
23730.

[[Page 679]]

American Airlines, Tulsa...... Alternate RACT... 03/09/1990 06/12/1990, 55 FR Ref: 52.1960(c)(36).
23730.
Nordam Lansing Street Alternate RACT... 03/09/1990 06/12/1990, 55 FR Ref: 52.1960(c)(36).
facility, Tulsa. 23730.
Conoco Refinery, Ponca City... 88-116-C......... 11/07/1989 03/06/1992, 57 FR Ref: 52.1960(c)(42).
08077.
Conoco Refinery, Ponca City... 88-117-O......... 11/07/1989 03/06/1992, 57 FR Ref: 52.1960(c)(42).
08077.
Units 3 and 4 of the American PSO Regional Haze 6/20/2013 3/7/2014, 79 FR
Electric Power/Public Service Agreement, Case 12953.
Company of Oklahoma (AEP/PSO) No. 10-025
Northeastern plant. (February 2010)
and Amended
Regional Haze
Agreement, DEQ
Case No. 10-025
(March 2013).
----------------------------------------------------------------------------------------------------------------

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

EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Oklahoma SIP
----------------------------------------------------------------------------------------------------------------
Applicable
geographic or State
Name of SIP provision nonattainment submittal EPA approval date Explanation
area date
----------------------------------------------------------------------------------------------------------------
Chapter 1, Abstract........... Statewide........ 10/16/1972 05/14/1973, 38 FR Ref: 52.1960(c)(6).
12696.
Chapter 2, Description of Statewide........ 01/28/1972 05/31/1972, 37 FR Ref: 52.1960(b).
Regions. 10842.
Chapter 3, Legal Authority.... Statewide........ 10/16/1972 05/14/1973, 38 FR Ref: 52.1960(c)(6).
12696.
Chapter 4, Control Strategy... Statewide........ 10/16/1972 05/14/1973, 38 FR Ref: 52.1960(c)(6).
12696.
A. Part D Requirements........ Nonattainment 04/02/1979 02/13/1980, 45 FR Ref: 52.1960(c)(14).
areas. 09733.
B. Photochemical Oxidants Statewide........ 04/02/1979 02/13/1980, 45 FR Ref: 52.1960(c)(14).
(Ozone). 09733.
C. Carbon Monoxide............ Statewide........ 04/02/1979 02/13/1980, 45 FR Ref: 52.1960(c)(14).
09733.
D. Total Suspended Statewide........ 04/02/1979 02/13/1980, 45 FR Ref: 52.1960(c)(14).
Particulates. 09733.
E. Public notification........ Statewide........ 04/02/1979 05/14/1982, 47 FR Ref: 52.1960(c)(17).
20771.
F. Lead SIP................... Statewide........ 03/05/1980 04/16/1982, 47 FR Ref: 52.1960(c)(18).
16328.
G. PM10 SIP................... Statewide........ 08/22/1989 02/12/1991, 56 FR Ref: 52.1960(c)(38).
05653.
H. Tulsa County Ozone Plan.... Tulsa County..... 02/20/1985 01/31/1991, 56 FR Ref: 52.1960(c)(39).
03777.
I. Oklahoma County Carbon Oklahoma County.. 10/17/1985 08/08/1991, 56 FR Ref: 52.1960(c)(40).
Monoxide Plan. 37651.
J. Central Oklahoma EAC area 8- Canadian, 12/22/2004 8/16/2005, 70 FR
hour ozone standard Cleveland, 48078.
attainment demonstration, Grady, Lincoln,
Emission Reduction Logan, McClain,
Strategies, Clean Air Plan, and Oklahoma
and Memorandum of Agreement Counties.
between the ODEQ and ACOG
defining duties and
responsibilities of each
party for implementation of
the Central Oklahoma EAC area
Emission Reduction Strategies.

[[Page 680]]

K. Tulsa EAC Area 8-hour ozone Tulsa County and 12/22/2004 8/19/2005, 70 FR
standard attainment portions of 48645.
demonstration, Clean Air Creek, Osage,
Plan, Transportation Emission Rogers and
Reduction Strategies, and Wagoner Counties.
Memorandum of Agreement
between the ODEQ and INCOG
defining duties and
responsibilities of each
party for implementation of
the Tulsa Area Transportation
Emission Reduction Strategies.
Chapter 5, Compliance Statewide........ 10/16/1972 05/14/1973, 38 FR Ref: 52.1960(c)(6).
Schedules. 12696.
Chapter 6, Emergency Episode Statewide........ 08/22/1989 02/12/1991, 56 FR Ref: 52.1960(c)(38).
Control Plan. 05653.
Chapter 7, Atmospheric Statewide........ 03/07/1980 08/06/1981, 46 FR Ref: 52.1960(c)(22).
Surveillance System. 40005.
Chapter 8, Source Surveillance Statewide........ 10/16/1972 05/14/1973, 38 FR Ref: 52.1960(c)(6).
System. 12696.
Chapter 9, Resources.......... Statewide........ 04/02/1979 02/13/1980, 45 FR Ref: 52.1960(c)(14).
09733.
Chapter 10, Intergovernmental Statewide........ 04/02/1979 05/14/1982, 47 FR Ref: 52.1960(c)(17).
Cooperation. 20771.
Small Business Assistance Statewide........ 11/19/1992 06/23/1994, 59 FR Ref: 52.1960(c)(45).
Program. 32365.
Oklahoma Vehicle Anti- Statewide........ 05/16/1994 02/29/1996, 61 FR Ref: 52.1960(c)(46).
Tampering Program. 07709.
Oklahoma Visibility Protection Statewide........ 06/08/1990 11/08/1999, 64 FR Ref: 52.1960(c)(49).
Plan. 60683.
Interstate transport for the Statewide........ 5/1/2007 11/26/2010, 75 FR Noninterference with
1997 ozone and PM2.5 NAAQS 72701 12/28/11, measures required to
(Noninterference with 76 FR 81728. prevent significant
measures required to prevent deterioration of air
significant deterioration of quality in any other State
air quality or to protect approved 11/26/2010.
visibility in any other Noninterference with
State). measures required to
protect visibility in any
other State partially
approved 12/28/11.
Regional haze SIP:............ Statewide........ 2/17/2010 3/7/2014, 79 FR Core requirements of 40 CFR
(a) Determination of baseline 12953. 51.308. Initial approval 12/
and natural visibility 28/2011, 76 FR 81728.
conditions.
(b) Coordinating regional haze
and reasonably attributable
visibility impairment.
(c) Monitoring strategy and
other implementation
requirements.
(d) Coordination with States
and Federal Land Managers.
(e) BART determinations except
for the following SO2 BART
determinations: Units 4 and 5
of the Oklahoma Gas and
Electric (OG&E) Muskogee
plant; and Units 1 and 2 of
the OG&E Sooner plant.

[[Page 681]]

Interstate transport for the Statewide........ 5/1/2007 12/29/11, 76 FR
1997 ozone NAAQS (contribute 81837.
to nonattainment).
Interstate transport for the Statewide........ 5/1/2007 12/29/11, 76 FR
1997 PM2.5 NAAQS (contribute 81837.
to nonattainment or interfere
with maintenance).
Interstate transport for the Statewide........ 4/5/2011 12/29/11, 76 FR
2006 PM2.5 NAAQS (contribute 81837.
to nonattainment or interfere
with maintenance).
Infrastructure for the 1997 Statewide........ 12/5/2007 1/26/2012, 77 FR Approval for 110(a)(2)(A),
Ozone and the 1997 and 2006 6/24/2010 3933. (B), (C), (D)(ii), (E),
PM2.5 NAAQS. 4/5/2011 (F), (G), (H), (J), (K),
(L), and (M).
Interstate transport for the Statewide........ 4/5/2011 1/26/2012, 77 FR Approval for
2006 PM2.5 NAAQS 3933. 110(a)(2)(D)(i)(II).
(Noninterference with
measures required to prevent
significant deterioration of
air quality in any other
State).
Revision to the Regional haze Rogers County.... 6/20/2013 3/7/2014, 79 FR Revised BART determination.
SIP concerning Units 3 and 4 12953.
of the American Electric
Power/Public Service Company
of Oklahoma (AEP/PSO)
Northeastern plant.
Enforceable commitment for Rogers County.... 6/20/2013 3/7/2014, 79 FR If a SO2 emission limit of
visibility concerning Units 3 12953. 0.3 lb/MMBtu is not met the
and 4 of the AEP/PSO State will obtain and/or
Northeastern plant. identify additional SO2
reductions within Oklahoma
to the extent necessary to
achieve the anticipated
visibility benefits
estimated by the Central
Regional Air Planning
Association (CENRAP).
----------------------------------------------------------------------------------------------------------------

EPA Approved Statutes in the Oklahoma SIP
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
1992 Oklahoma Clean Air Act (63 O.S.A. 1992, Sections 1-1801 to 1-1819)
----------------------------------------------------------------------------------------------------------------
Section 1-1801.................. Citation........... 05/15/1992 06/23/1994, 59 FR 32365......
Section 1-1802.................. Purpose............ 05/15/1992 06/23/1994, 59 FR 32365......
Section 1-1803.................. Municipal 05/15/1992 06/23/1994, 59 FR 32365......
Regulations.
Section 1-1804.1................ Definitions........ 05/15/1992 06/23/1994, 59 FR 32365......
Section 1-1805.1................ Administrative 05/15/1992 06/23/1994, 59 FR 32365......
Agency Powers.
Section 1-1806.1................ Adoption of Rules.. 05/15/1992 06/23/1994, 59 FR 32365......
Section 1-1807.1................ Air Quality Council 05/15/1992 06/23/1994, 59 FR 32365......
Section 1-1808.1................ Powers and Duties 05/15/1992 06/23/1994, 59 FR 32365......
of the Air Quality
Council.
Section 1-1809.................. Chief of Air 05/15/1992 06/23/1994, 59 FR 32365......
Quality Council/
Citizen Complaints.
Section 1-1810.................. Variances.......... 05/15/1992 06/23/1994, 59 FR 32365......
Section 1-1811.................. Compliance Orders.. 05/15/1992 06/23/1994, 59 FR 32365......
Section 1-1812.................. Field Citation 05/15/1992 06/23/1994, 59 FR 32365......
Program/
Administrative
Penalties.
Section 1-1813.................. Permitting Program. 05/15/1992 06/23/1994, 59 FR 32365......
Section 1-1814.................. Fees............... 05/15/1992 06/23/1994, 59 FR 32365......

[[Page 682]]

Section 1-1815.................. Emission Standards/ 05/15/1992 06/23/1994, 59 FR 32365......
Toxic Air
Contaminant
Emissions/Oil and
Gas Emissions.
Section 1-1816.................. Small Business 05/15/1992 06/23/1994, 59 FR 32365......
Assistance Program.
Section 1-1817.................. Criminal Penalties. 05/15/1992 06/23/1994, 59 FR 32365......
Section 1-1818.................. Civil Action....... 05/15/1992 06/23/1994, 59 FR 32365......
Section 1-1819.................. Keeping Certain 05/15/1992 06/23/1994, 59 FR 32365......
Rules and
Enforcement
Actions Effective.
----------------------------------------------------------------------------------------------------------------
1992 Oklahoma Environmental Quality Act (27A O.S.A., Sections 1 to 12)
----------------------------------------------------------------------------------------------------------------
Section 1....................... Citation........... 06/12/1992 06/23/1994, 59 FR 32365......
Section 2....................... Purpose............ 06/12/1992 06/23/1994, 59 FR 32365......
Section 3....................... Definitions........ 06/12/1992 06/23/1994, 59 FR 32365......
Section 4....................... Transition......... 06/12/1992 06/23/1994, 59 FR 32365......
Section 5....................... Pollution Control 06/12/1992 06/23/1994, 59 FR 32365......
Coordinating Board
and Department of
Pollution Control.
Section 6....................... Jurisdictional 06/12/1992 06/23/1994, 59 FR 32365......
Areas of
Environmental
Responsibility.
Section 7....................... Environmental 06/12/1992 06/23/1994, 59 FR 32365......
Quality Board.
Section 8....................... Executive Director. 06/12/1992 06/23/1994, 59 FR 32365......
Section 9....................... Department of 06/12/1992 06/23/1994, 59 FR 32365......
Environmental
Quality.
Section 10...................... Advisory Councils.. 06/12/1992 06/23/1994, 59 FR 32365......
Section 11...................... Time Periods for 06/12/1992 06/23/1994, 59 FR 32365......
Certain Permits
and Complaints.
Section 12...................... Resolution......... 06/12/1992 06/23/1994, 59 FR 32365......
----------------------------------------------------------------------------------------------------------------

[65 FR 47328, Aug. 2, 2000; 65 FR 52476, 52477, Aug. 29, 2000, as
amended at 70 FR 48080, Aug. 16, 2005; 70 FR 48647, Aug. 19, 2005; 70 FR
53275, Sept. 7, 2005; 73 FR 79404, Dec. 29, 2008; 75 FR 72701, Nov. 26,
2010; 76 FR 81757, Dec. 28, 2011; 76 FR 81839, Dec. 29, 2011; 77 FR
3934, Jan. 26, 2012; 79 FR 12953, Mar. 7, 2014]

Sec. 52.1921 Classification of regions.

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

[37 FR 10887, May 31, 1972, as amended at 45 FR 9741, Feb. 13, 1980]

Sec. 52.1922 Approval status.

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

[45 FR 9741, Feb. 13, 1980, as amended at 61 FR 16062, Apr. 11, 1996]

[[Page 683]]

Sec. 52.1923 Best Available Retrofit Requirements (BART) for
SO2 and Interstate pollutant transport provisions;
What are the FIP requirements for Units 4 and 5 of the Oklahoma
Gas and Electric Muskogee plant; and Units 1 and 2 of the Oklahoma
Gas and Electric Sooner plant affecting visibility?

(a) Applicability. The provisions of this section shall apply to
each owner or operator, or successive owners or operators, of the coal
burning equipment designated as: Units 4 or 5 of the Oklahoma Gas and
Electric Muskogee plant; and Units 1 or 2 of the Oklahoma Gas and
Electric Sooner plant.
(b) Compliance Dates. Compliance with the requirements of this
section is required within five years of the effective date of this rule
unless otherwise indicated by compliance dates contained in specific
provisions.
(c) Definitions. All terms used in this part but not defined herein
shall have the meaning given them in the CAA and in parts 51 and 60 of
this chapter. For the purposes of this section:
24-hour period means the period of time between 12:01 a.m. and 12
midnight.
Air pollution control equipment includes selective catalytic control
units, baghouses, particulate or gaseous scrubbers, and any other
apparatus utilized to control emissions of regulated air contaminants
that would be emitted to the atmosphere.
Boiler-operating-day means any 24- hour period between 12:00
midnight and the following midnight during which any fuel is combusted
at any time at the steam generating unit.
Daily average means the arithmetic average of the hourly values
measured in a 24-hour period.
Heat input means heat derived from combustion of fuel in a unit and
does not include the heat input from preheated combustion air,
recirculated flue gases, or exhaust gases from other sources. Heat input
shall be calculated in accordance with 40 CFR part 75.
Owner or Operator means any person who owns, leases, operates,
controls, or supervises any of the coal burning equipment designated as:
(i) Unit 4 of the Oklahoma Gas and Electric Muskogee plant; or
(ii) Unit 5 of the Oklahoma Gas and Electric Muskogee plant; or
(iii) Unit 1 of the Oklahoma Gas and Electric Sooner plant; or
(iv) Unit 2 of the Oklahoma Gas and Electric Sooner plant.
Regional Administrator means the Regional Administrator of EPA
Region 6 or his/her authorized representative.
Unit means one of the coal fired boilers covered under paragraph (a)
of this section.
(d) Emissions Limitations.
SO2 emission limit. The individual sulfur dioxide
emission limit for a unit shall be 0.06 pounds per million British
thermal units (lb/MMBtu) as averaged over a rolling 30 boiler-operating-
day period. For each unit, SO2 emissions for each calendar
day shall be determined by summing the hourly emissions measured in
pounds of SO2. For each unit, heat input for each boiler-
operating-day shall be determined by adding together all hourly heat
inputs, in millions of BTU. Each boiler-operating-day the thirty-day
rolling average for a unit shall be determined by adding together the
pounds of SO2 from that day and the preceding 29 boiler-
operating-days and dividing the total pounds of SO2 by the
sum of the heat input during the same 30 boiler-operating-day period.
The result shall be the 30 boiler-operating-day rolling average in terms
of lb/MMBtu emissions of SO2. If a valid SO2
pounds per hour or heat input is not available for any hour for a unit,
that heat input and SO2 pounds per hour shall not be used in
the calculation of the 30 boiler-operating-day rolling average for
SO2.
(e) Testing and monitoring.
(1) No later than the compliance date in paragraph (b) of this
section, the owner or operator shall install, calibrate, maintain and
operate Continuous Emissions Monitoring Systems (CEMS) for
SO2 on Units 4 and 5 of the Oklahoma Gas and Electric
Muskogee plant; and Units 1 and 2 of the Oklahoma Gas and Electric
Sooner plant in accordance with 40 CFR 60.8 and 60.13(e), (f), and (h),
and Appendix B of Part 60. The owner or operator shall comply with the
quality assurance procedures for CEMS found in 40 CFR part

[[Page 684]]

75. Compliance with the emission limits for SO2 shall be
determined by using data from a CEMS.
(2) Continuous emissions monitoring shall apply during all periods
of operation of the coal burning equipment, including periods of
startup, shutdown, and malfunction, except for CEMS breakdowns, repairs,
calibration checks, and zero and span adjustments. Continuous monitoring
systems for measuring SO2 and diluent gas shall complete a
minimum of one cycle of operation (sampling, analyzing, and data
recording) for each successive 15-minute period. Hourly averages shall
be computed using at least one data point in each fifteen minute
quadrant of an hour. Notwithstanding this requirement, an hourly average
may be computed from at least two data points separated by a minimum of
15 minutes (where the unit operates for more than one quadrant in an
hour) if data are unavailable as a result of performance of calibration,
quality assurance, preventive maintenance activities, or backups of data
from data acquisition and handling system, and recertification events.
When valid SO2 pounds per hour, or SO2 pounds per
million Btu emission data are not obtained because of continuous
monitoring system breakdowns, repairs, calibration checks, or zero and
span adjustments, emission data must be obtained by using other
monitoring systems approved by the EPA to provide emission data for a
minimum of 18 hours in each 24 hour period and at least 22 out of 30
successive boiler operating days.
(f) Reporting and Recordkeeping Requirements. Unless otherwise
stated all requests, reports, submittals, notifications, and other
communications to the Regional Administrator required by this section
shall be submitted, unless instructed otherwise, to the Director,
Multimedia Planning and Permitting Division, U.S. Environmental
Protection Agency, Region 6, to the attention of Mail Code: 6PD, at 1445
Ross Avenue, Suite 1200, Dallas, Texas 75202-2733. For each unit subject
to the emissions limitation in this section and upon completion of the
installation of CEMS as required in this section, the owner or operator
shall comply with the following requirements:
(1) For each emissions limit in this section, comply with the
notification, reporting, and recordkeeping requirements for CEMS
compliance monitoring in 40 CFR 60.7(c) and (d).
(2) For each day, provide the total SO2 emitted that day
by each emission unit. For any hours on any unit where data for hourly
pounds or heat input is missing, identify the unit number and monitoring
device that did not produce valid data that caused the missing hour.
(g) Equipment Operations. At all times, including periods of
startup, shutdown, and malfunction, the owner or operator shall, to the
extent practicable, maintain and operate the unit including associated
air pollution control equipment in a manner consistent with good air
pollution control practices for minimizing emissions. Determination of
whether acceptable operating and maintenance procedures are being used
will be based on information available to the Regional Administrator
which may include, but is not limited to, monitoring results, review of
operating and maintenance procedures, and inspection of the unit.
(h) Enforcement.
(1) Notwithstanding any other provision in this implementation plan,
any credible evidence or information relevant as to whether the unit
would have been in compliance with applicable requirements if the
appropriate performance or compliance test had been performed, can be
used to establish whether or not the owner or operator has violated or
is in violation of any standard or applicable emission limit in the
plan.
(2) Emissions in excess of the level of the applicable emission
limit or requirement that occur due to a malfunction shall constitute a
violation of the applicable emission limit.

[76 FR 81758, Dec. 28, 2011, as amended at 79 FR 12956, Mar. 7, 2014]

Sec. Sec. 52.1924-52.1927 [Reserved]

Sec. 52.1928 Visibility protection.

(a) The following portions of the Oklahoma Regional Haze (RH) State
Implementation Plan submitted on February 19, 2010 are disapproved:

[[Page 685]]

(1) The SO2 BART determinations for Units 4 and 5 of the
Oklahoma Gas and Electric (OG&E) Muskogee plant; Units 1 and 2 of the
OG&E Sooner plant; and Units 3 and 4 of the American Electric Power/
Public Service Company of Oklahoma (AEP/PSO) Northeastern plant;
(2) The long-term strategy for regional haze;
(3) ``Greater Reasonable Progress Alternative Determination''
(section VI.E), and
(4) Separate executed agreements between ODEQ and OG&E, and ODEQ and
AEP/PSO entitled ``OG&E Regional Haze Agreement, Case No. 10-024, and
``PSO Regional Haze Agreement, Case No. 10-025,'' housed within Appendix
6-5 of the RH SIP.
(b) The portion of the State Implementation Plan pertaining to
adequate provisions to prohibit emissions from interfering with measures
required in another state to protect visibility, submitted on May 10,
2007 and supplemented on December 10, 2007 is disapproved.
(c) The SO2 BART requirements for Units 4 and 5 of the
Oklahoma Gas and Electric (OG&E) Muskogee plant, and Units 1 and 2 of
the OG&E Sooner plant; the deficiencies in the long-term strategy for
regional haze; and the requirement for a plan to contain adequate
provisions to prohibit emissions from interfering with measures required
in another state to protect visibility are satisfied by Sec. 52.1923.
(d) The revision to the Regional Haze plan submitted on June 20,
2013 concerning Units 3 and 4 of the American Electric Power/Public
Service Company of Oklahoma (AEP/PSO) Northeastern plant is approved.
For this source the plan addresses requirements for BART and adequate
provisions to prohibit emissions from interfering with measures required
in another state to protect visibility. As called for in the plan if a
SO2 emission limit of 0.3 lb/MMBtu is not met the State will
obtain and/or identify additional SO2 reductions within
Oklahoma to the extent necessary to achieve the anticipated visibility
benefits estimated by the Central Regional Air Planning Association
(CENRAP).

[76 FR 81759, Dec. 28, 2011, as amended at 79 FR 12954, Mar. 7, 2014]

Sec. 52.1929 Significant deterioration of air quality.

(a) Regulation for preventing significant deterioration of air
quality. The Oklahoma plan, as submitted, does not apply to certain
sources in the State. Therefore the provisions of Sec. 52.21 except
paragraph (a)(1) are hereby incorporated, and made part of the Oklahoma
State implementation plan, and are applicable to the following major
stationary sources or major modifications:
(i) Sources permitted by EPA prior to approval of the Oklahoma PSD
program for which EPA retains enforcement authority.
(ii) Sources proposing to locate on lands over which Oklahoma does
not have jurisdiction under the Clean Air Act to issue PSD permits.
(b) The plan revisions submitted by the Governor of Oklahoma on
August 22, 1989, as adopted on March 23, 1989, by the Oklahoma State
Board of Health and effective June 11, 1989, amendments to OAPCR 1.4.4
``Major Sources--Prevention of Significant Deterioration (PSD)
Requirements for Attainment Areas'' is approved as meeting the
requirements of Part C of the Clean Air Act for preventing significant
deterioration of air quality.
(c)(1) Insofar as the Prevention of Significant Deterioration (PSD)
provisions found in Oklahoma's approved plan apply to stationary sources
of greenhouse gas (GHGs) emissions, the Administrator approves that
application only to the extent that GHGs are ``subject to regulation'',
as provided in this paragraph (b), and the Administrator takes no action
on that application to the extent that GHGs are not ``subject to
regulation.''
(2) Beginning January 2, 2011, the pollutant GHGs is subject to
regulation if:
(i) The stationary source is a new major stationary source for a
regulated NSR pollutant that is not GHGs, and also will emit or will
have the potential to emit 75,000 tpy CO2e or more; or

[[Page 686]]

(ii) The stationary source is an existing major stationary source
for a regulated NSR pollutant that is not GHGs, and also will have an
emissions increase of a regulated NSR pollutant, and an emissions
increase of 75,000 tpy CO2e or more; and,
(3) Beginning July 1, 2011, in addition to the provisions in
paragraph (b)(2) of this section, the pollutant GHGs shall also be
subject to regulation:
(i) At a new stationary source that will emit or have the potential
to emit 100,000 tpy CO2e; or
(ii) At an existing stationary source that emits or has the
potential to emit 100,000 tpy CO2e, when such stationary
source undertakes a physical change or change in the method of operation
that will result in an emissions increase of 75,000 tpy CO2e
or more.
(4) For purposes of this paragraph (b)--
(i) the term greenhouse gas shall mean the air pollutant defined in
40 CFR 86.1818-12(a) as the aggregate group of six greenhouse gases:
Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons,
perfluorocarbons, and sulfur hexafluoride.
(ii) The term tpy CO2 equivalent emissions
(CO2e) shall represent an amount of GHGs emitted, and shall
be computed as follows:
(A) Multiplying the mass amount of emissions (tpy), for each of the
six greenhouse gases in the pollutant GHGs, by the gas's associated
global warming potential published at Table A-1 to subpart A of 40 CFR
part 98--Global Warming Potentials.
(B) Sum the resultant value from paragraph (b)(4)(ii)(A) of this
section for each gas to compute a tpy CO2e.
(iii) The term emissions increase shall mean that both a significant
emissions increase (as calculated using the EPA-approved procedures in
Oklahoma Air Pollution Control Regulation Title 252, Chapter 100,
Subchapter 8, Part 7) and a significant net emissions increase (as
defined in the EPA-approved Oklahoma Air Pollution Control Regulation
252:100-8-31, definitions for ``net emissions increase'' and
``significant'' occur. For the pollutant GHGs, an emissions increase
shall be based on tpy CO2e, and shall be calculated assuming
the pollutant GHGs is a regulated NSR pollutant, and ``significant'' is
defined as 75,000 tpy CO2e instead of applying the value in
252:100-8-31 of the EPA-approved definition for ``significant'' of
Oklahoma's Air Pollution Control Regulations.

[56 FR 5656, Feb. 12, 1991, as amended at 68 FR 11324, Mar. 10, 2003; 68
FR 74490, Dec. 24, 2003; 75 FR 82559, Dec. 30, 2010; 76 FR 11965, Mar.
4, 2011]

Sec. 52.1930 Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?

(a) The owner and operator of each source and each unit located in
the State of Oklahoma and Indian country within the borders of the State
and for which requirements are set forth under the TR NOX
Ozone Season Trading Program in subpart BBBBB of part 97 of this chapter
must comply with such requirements. The obligation to comply with such
requirements with regard to sources and units in the State will be
eliminated by the promulgation of an approval by the Administrator of a
revision to Oklahoma's State Implementation Plan (SIP) as correcting the
SIP's deficiency that is the basis for the TR Federal Implementation
Plan under Sec. 52.38(b), except to the extent the Administrator's
approval is partial or conditional. The obligation to comply with such
requirements with regard to sources and units located in Indian country
within the borders of the State will not be eliminated by the
promulgation of an approval by the Administrator of a revision to
Oklahoma's SIP.
(b) Notwithstanding the provisions of paragraph (a) of this section,
if, at the time of the approval of Oklahoma's SIP revision described in
paragraph (a) of this section, the Administrator has already started
recording any allocations of TR NOX Ozone Season allowances
under subpart BBBBB of part 97 of this chapter to units in the State for
a control period in any year, the provisions of subpart BBBBB of part 97
of this chapter authorizing the Administrator to complete the allocation
and recordation of TR NOX Ozone Season allowances to units in
the State for each such control period shall continue to apply, unless
provided otherwise by

[[Page 687]]

such approval of the State's SIP revision.

[76 FR 80775, Dec. 27, 2011]

Sec. 52.1931 Petroleum storage tank controls.

(a) Notwithstanding any provisions to the contrary in the Oklahoma
implementation plan, the petroleum storage tanks listed in paragraphs
(b) through (e) of this section shall be subject to the requirements of
section 15.211 of the Oklahoma Air Pollution Control Regulations and to
the monitoring, inspection, reporting, and other procedural requirements
of the Oklahoma implementation plan and the Clean Air Act. The owner or
operator of each affected facility shall secure compliance with section
15.211 in accordance with the schedule set forth below.
(b) Tanks 121 and 122 for crude oil storage at the Sun Oil Company
refinery at Duncan, Oklahoma, shall be in compliance with section 15.211
no later than August 1, 1979.
(c) Tanks 118 and 119 for gasoline storage at the Apco Oil
Corporation refinery at Cyril, Oklahoma, shall be in compliance with
section 15.211 no later than February 1, 1979.
(d) Tank 286 for crude oil storage at the Continental Pipe Line
Company property in Oklahoma County, Oklahoma (section 32-12N-2W) shall
be in compliance with section 15.211 no later than February 1, 1979.
(e) The three 80,000 barrel capacity crude oil storage tanks at the
Champlin Petroleum Company, Noble Station, 13th and Bryan Streets,
Oklahoma City, Oklahoma, shall be in compliance with section 15.211 no
later than September 1, 1979.
(f) Action on the part of Sun Oil Company, Apco Oil Corporation,
Continental Pipe Line Company and Champlin Petroleum Company of
controlling hydrocarbon emissions creditable as offsets for General
Motors Corporation, Oklahoma City, Oklahoma, in no way relieves these
companies from meeting all requirements under the Oklahoma Air Quality
Implementation Plan or under the Federal Clean Air Act as amended.

[42 FR 63782, Dec. 20, 1977]

Sec. Sec. 52.1932-52.1933 [Reserved]

Sec. 52.1934 Prevention of air pollution emergency episodes.

(a) The plan originally submitted by the Governor of Oklahoma on
January 28, 1972, as Chapter six, was revised for particulate matter and
submitted for parallel processing by the Episode Control Plan for the
State of Oklahoma'' Sec. 2.2 and Sec. 3.2 table II as adopted
September 6, 1988, by the Oklahoma Air Quality Council are approved as
meeting the requirements of section 110 of the Clean Air Act and 40 CFR
part 51 subpart H.

[56 FR 5656, Feb. 12, 1991]

Sec. 52.1935 Small business assistance program.

The Governor of Oklahoma submitted on November 19, 1992, a plan
revision to develop and implement a Small Business Stationary Source
Technical and Environmental Compliance Assistance Program to meet the
requirements of section 507 of the Clean Air Act by November 15, 1994.
The plan commits to provide technical and compliance assistance to small
businesses, hire an Ombudsman to serve as an independent advocate for
small businesses, and establish a Compliance Advisory Panel to advise
the program and report to EPA on the program's effectiveness.

[59 FR 32370, June 23, 1994]

Sec. 52.1960 Original Identification of plan section.

(a) This section identifies the original ``State of Oklahoma Air
Quality Control Implementation Plan'' and all revisions submitted by
Oklahoma that were federally approved prior to June 1, 2000.
(b) The plan was officially submitted on January 28, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) An opinion of the State Attorney General concerning the State's
legal authority in emergency episode prevention and public disclosure
was submitted February 15, 1972. (Non-regulatory)
(2) Letter from State Department of Health concerning emergency
episode

[[Page 688]]

prevention, sampling site locations and governmental cooperation was
submitted on February 25, 1972. (Non-regulatory)
(3) Letter of May 4, 1972, from the State Department of Health
clarifies Regulations 4, 13, 14, and Title 63 of the State air quality
regulations concerning emission data, emergency episodes, compliance
schedules and new source review. (Non-regulatory)
(4) Revisions concerning Regulations 4 through 8, 13 and 15 through
18 were submitted by the Governor on July 14, 1972.
(5) Certification on October 4, 1972, of amendments to Regulation 14
of the State regulations was submitted by the Governor. (Non-regulatory)
(6) Corrections of the plan submitted previously and consolidated
were submitted on October 16, 1972. (Non-regulatory)
(7) Sections 16.1, 16.3, and 16.5 of Regulation No. 16, ``Control of
Emissions of Sulfur Compounds,'' the Control Strategy which relates to
sulfur oxides control under the applicable sections of Regulation 16,
and emission limitations on existing sources as adopted on December 1,
1974 and submitted by the Governor on March 4, 1975.
(8) Revision to Oklahoma Regulation 4.2 (public availability of
emission data) was submitted by the Governor on October 7, 1975.
(9) Administrative revisions to Oklahoma SIP Chapter 1, Table 2,
Oklahoma Ambient Air Quality Standards, Chapter 8, Source Surveillance
and Enforcement System, section 8 A, B, and C relating to permits, and
addition of Appendix Q, relating to Oklahoma Air Quality Standards, were
submitted by the Oklahoma State Department of Health on May 16, 1975,
with clarification submitted on June 17, 1977. (Nonregulatory).
(10) Consent agreements creditable as emission offsets were
submitted by the Governor on March 28, 1977 as Addendum 1 to Chapter IV
of the Oklahoma Air Quality Implementation Plan.
(11) Revisions of Oklahoma Regulation No. 15 for control of
emissions of organic materials were adopted (effective date) December
31, 1974, and submitted by the Governor on June 16, 1975.
(12) Revision to Oklahoma Regulation No. 3, Defining Terms Used in
Oklahoma Air Pollution Control Regulations, were submitted by the
Governor on November 28, 1977. The revisions include amendments adopted
by the State on June 2, 1974 and June 11, 1977. (See Sec. 52.1926(a).)
(13) A general update of Chapter 7: Air Quality Surveillance, was
submitted by the Governor on July 19, 1978. (Non-regulatory).
(14) Revisions to the plan for attainment of standards for ozone,
carbon monoxide, and particulate matter (Part D requirements) were
submitted by the Governor on April 2, 1979.
(15) A revised schedule including specific dates of the overall TSP
program was submitted by the State on March 28, 1980.
(16) Revisions to Regulation No. 17, Regulation No. 14 section
14.313, Regulation No. section 14.313(b), Regulation No. 14 section
14.313(c)(i), Regulation No. 15 section 15.50, Regulation No. 15 section
15.53, and Regulation No. 3 (Part D requirements) were submitted by the
Governor on April 11, 1980.
(17) Revisions to the plan for intergovernmental consultation,
interstate pollution abatement, public notification, and the State Board
were submitted by the Governor on April 2, 1979; a letter of commitment
for new source notification was submitted by the Acting Chief of the
Oklahoma Air Quality Service on March 31, 1982; a Public Notification
Workplan was submitted by the Chief of the Oklahoma Air Quality Service
on January 14, 1980; the Oklahoma Code of Ethics for State Officials and
Employees, with a clarification letter, was submitted by the Oklahoma
Commissioner of Health on March 9, 1982; and a clarification letter was
submitted by the Acting Chief of the Oklahoma Air Quality Service on
February 23, 1982.
(18) The Oklahoma State Implementation Plan for lead was submitted
to EPA on March 5, 1980, by the Governor of Oklahoma as adopted by the
State Air Quality Council on November 13, 1979. Letters of clarification
dated October 19 and December 9, 1981, also were submitted.
(19) Revisions to Regulation No. 15 (i.e., the addition of sections
15.57,

[[Page 689]]

15.58, and 15.59) were adopted by the State Board of Health on April 30,
1980 and submitted by the Governor on June 10, 1980.
(20) Revisions to Regulation No. 15 (i.e., revisions to sections
15.524, 15.585, and 15.59, and the addition of Sections 15.60 and 15.61)
were adopted by the State Board of Health on May 9, 1981 and submitted
by the Governor on September 14, 1981.
(21) A variance to the State Regulations 7 and 8 for McAlester Army
Ammunition Plant located in McAlester, Oklahoma was submitted by the
State on September 21, 1979 and approved by the State Board of Health on
September 8, 1979.
(22) On March 7, 1980, the Governor submitted final revisions to the
ambient monitoring portion of the plan.
(23) [Reserved]
(24) A revision to the Air Pollution Control Regulation 2.1, as
adopted by the Oklahoma Air Quality Council on January 19, 1982, was
submitted by the Governor on April 12, 1982.
(25) Revision to Oklahoma Regulation No. 1.4 Air Resources
Management-Permits Required (1.4.1-1.4.3) and Major Sources--
Nonattainment areas (1.4.5) was submitted by the Governor on April 12,
1982. A letter of commitment and a letter of clarification for
Regulation 1.4 was submitted by the State on April 30, 1982 and December
9, 1982, respectively.
(26) On April 2, 1979, the State of Oklahoma submitted an amendment
to Regulation 1.3 Defining Terms Used in Oklahoma Air Pollution Control
Regulations (i.e., Table II) and on April 12, 1982, and on May 19, 1983,
the State submitted revisions to the State's Permit Regulation 1.4
including adding 1.4.4 [Major Sources--Prevention of Significant
Deterioration (PSD) Requirements for Attainment Areas] to provide for
PSD new source review. A Letter of Clarification of October 6, 1982, was
also submitted.
(27) Revision to Oklahoma Regulation 3.8 (Control of Emission of
Hazardous Air Contaminants) submitted by the Governor on February 8,
1983.
(28) Revision to Oklahoma Regulation 3.4--Control of Emission of
Sulfur Compounds was submitted by the Governor on May 19, 1983, which
changed subsections 3.4(c)(1)(A)(i)(a)(3) and 3.4(c)(1)(C)(i)(a). The
revision was adopted by the Oklahoma State Board of Health on May 12,
1983. A letter of clarification on subsection 3.4(c)(1)(C)(i)(a) was
submitted by the State on October 14, 1983.
(29) Revision of Oklahoma Regulation 1.4--Air Resources Management--
Permits Required was submitted by the Governors on May 19, 1983. A
letter of clarification on subsection 1.4.1(c)(3) was submitted by the
State on September 23, 1983.
(30) Revision to Oklahoma Regulation No. 1.5--Reports Required:
Excess Emissions During Startup, Shutdown and Malfunction of Equipment
was submitted by the Governor on February 8, 1983. Letters of
clarification were submitted by the State on October 18, 1982 and May
24, 1983.
(31) Revision to Regulation 1.4 ``Air Resources Management--Permits
Required'' and variance and extension for Mesa Petroleum Company
submitted by the Governor on February 6, 1984. A letter of clarification
on section 1.4.2(f) Cancellation of Authority to Construct or Modify was
submitted by the State on February 17, 1984.
(32) [Reserved]
(33) Revision to Regulation 3.1 ``Pertaining to the Control of
Smoke, Visible Emissions and Particulates'' submitted by the Governor on
February 6, 1984. On May 16, 1984, the Oklahoma State Department of
Health submitted a letter of clarification on Regulation 3.1.
(34) Oklahoma Air Pollution Control Regulation 1.4.2(b) ``Stack
Height Limitation'' and amendments to OAPCR 1.4.2(e) ``Public Review''
as adopted on May 8, 1986, and submitted by the Governor on April 30,
1986, to meet the requirements of the Federal stack height regulations.
(i) Incorporation by reference.
(A) Oklahoma Air Pollution Control Regulation (OAPCR) 1.4.2(b)
``Stack Height Limitation'' as adopted on May 8, 1986, and amendments to
OAPCR 1.4.2(b) section 1.4.2(b)(1)(G) as adopted on July 9, 1987, and
effective August 10, 1987. In addition, amendments to OAPCR 1.4.2(b)
section 1.4.2(b)(1)(C); and amendments to OAPCR 1.4.2(e) ``Public
Review'' section 1.4.2(e)(1)(A)

[[Page 690]]

as adopted March 23, 1989, effective June 11, 1989, by the Oklahoma
Board of Health.
(ii) Additional material.
(A) Commitment letter dated July 8, 1988, from the Director of the
Permits and Enforcement Division of the Oklahoma Air Quality Service,
Oklahoma State Department of Health.
(35) May 8, 1985, revisions to Oklahoma Air Pollution Control
Regulation 3.4.(c)(1)(C) ``Gas Sweetening and Sulfur Recovery Plants''
were submitted by the Governor on March 31, 1986.
(i) Incorporation by reference.
(A) Amendments to Oklahoma Air Pollution Control Regulation
3.4(c)(1)(C) (Gas Sweetening and Sulfur Recovery Plants); adopted May 8,
1985, by the Oklahoma Air Quality Council.
(36) On March 9, 1990, the Governor submitted Oklahoma Air Pollution
Control Regulation 3.7.5--4(h) ``Control of VOS Emissions from Aerospace
Industries Coatings Operations.'' This regulation was adopted by the
Oklahoma Air Quality Council on December 5, 1989, and by the Oklahoma
Board of Health on February 8, 1990. The regulation became effective
when it was signed by the Governor as an emergency rule on February 12,
1990. Also on March 9, 1990, the Governor of Oklahoma submitted four
source specific alternate RA.T determination Orders issued by the
Oklahoma Commissioner of Health for the Rockwell International,
McDonnell Douglas-Tulsa. American Airlines and Nordam facilities in
Tulsa County.
(i) Incorporation by reference.
(A) Oklahoma Air Pollution Control Regulation 3.7.5--4(h) ``Control
of VOS Emissions from Aerospace Industries Coatings Operations'' as
adopted by the Oklahoma Air Quality Council on December 5, 1989, and the
Oklahoma Board of Health on February 8, 1990, and approved by the
Governor on February 12, 1990.
(B) Oklahoma Commissioner of Health Order issued and effective
February 21, 1990, for Rockwell International, Tulsa approving an
Alternate Reasonably Available Control Technology (ARACT).
(C) Oklahoma Commissioner of Health Order issued and effective
February 21, 1990, for McDonnell Douglas-Tulsa approving an Alternate
Reasonably Available Control Technology (ARACT).
(D) Oklahoma Commissioner of Health Order issued and effective
February 21, 1990, for American Airlines approving an Alternate
Reasonably Available Control Technology (ARACT).
(E) Oklahoma Commissioner of Health Order issued and effective
February 21, 1990, for Nordam's Lansing Street facility approving an
Alternate Reasonably Available Control Technology (ARACT).
(ii) Additional material.
(A) Rockwell International Tulsa. (1) The document prepared by
Rockwell International titled ``Rockwell International NAA-Tulsa
Alternate RACT Determination'' dated October 30, 1989.
(2) The document prepared by Rockwell titled ``Rockwell
International NAA-Tulsa Alternate RACT Determination Supplemental
Submittal'' dated November 22, 1989.
(B) McDonnell Douglas. (1) The document prepared by McDonnell
Douglas-Tulsa titled ``Source Specific RACT Determination'' dated
October 30, 1989.
(2) The document prepared by McDonnell Douglas-Tulsa titled ``ARACT/
Follow-up Submission'' dated November 20, 1989.
(C) American Airlines. (1) The document prepared by American
Airlines titled ``American Airlines Tulsa Alternate RACT'' dated October
30, 1989.
(2) The document prepared by American Airlines titled ``ARACT/
Follow-up Submission'' dated November 22, 1989.
(D) Nordam. (1) The document prepared by Nordam titled ``Source
Specific RACT Determination'' dated November 29, 1989.
(2) The document prepared by Nordam titled ``ARACT/Follow-up
Submission'' dated January 10, 1990.
(37) On May 8, 1989, the Governor submitted Oklahoma Air Pollution
Control Regulation 1.5 ``Excess Emission and Malfunction Reporting
Requirements''. This regulation was adopted by the Oklahoma Board of
Health on June 23, 1988, and approved by the Oklahoma Legislature on
February 24, 1989. The regulation became effective on March 11, 1989.
(i) Incorporation by reference.

[[Page 691]]

(A) Revisions to Oklahoma Air Pollution Control Regulation 1.5
``Excess Emission and Malfunction Reporting Requirements'', OAPCR 1.5
title change, Sec. 1.5(a)(1), Sec. 1.5(b)(1)(B), Sec. 1.5(b)(1)(E),
Sec. 1.5(c), title, Sec. 1.5(c)(1), Sec. 1.5(e)(1), and Sec.
1.5(e)(2), as adopted by the Oklahoma Board of Health on June 23, 1988,
and approved by the Oklahoma Legislature on February 24, 1989.
(38) On August 22, 1989, the Governor submitted Oklahoma's Committal
SIP for the Group II area of Lawton, Oklahoma. In addition, the
submittal included the State's Group III SIP for the remainder of the
State and amendments to the Oklahoma Air Pollution Control Regulations
1.1, 1.2, 1.4.4, and 1.4.5, and amendments to Chapter 6 ``Emergency
Episode Control Plan for the State of Oklahoma''.
(i) Incorporation by reference.
(A) Amendments to Oklahoma Air Pollution Control Regulation (OAPCR)
1.1 ``Defining Terms Used in Oklahoma Air Pollution Control
Regulations'' Sec. 1.1(b)(97), Sec. 1.1(b)(98), Sec. 1.1(b)(99) and
Sec. 1.1(b)(145), as adopted October 11, 1989, by the Oklahoma State
Board of Health and effective May 25, 1990. Amendments to OAPCR 1.1,
Sec. 1.1(b)(127), and Sec. 1.1(b)(128), as adopted March 23, 1989, by
the Oklahoma State Board of Health and effective June 11, 1989.
(B) Amendments to OAPCR 1.2 ``Oklahoma Air Quality Standards and
Increments'' Table 1.2(1), as adopted January 28, 1988, by the Oklahoma
State Board of Health and effective June 21, 1988.
(C) Amendments to OAPCR 1.4.4 ``Major Sources--Prevention of
Significant Deterioration (PSD) Requirements for Attainment Areas''
Sec. 1.4.4(b)(22)(A), Sec. 1.4.4(d)(4), Sec. 1.4.4(d)(9), Sec.
1.4.4(d)(10), Sec. 1.4.4(d)(11), and Sec. 1.4.4(d)(12), as adopted
March 23, 1989, by the Oklahoma State Board of Health and effective June
11, 1989.
(D) Amendments to OAPCR 1.4.5. ``Major Sources--Nonattainment
Areas'' Sec. 1.4.5(b)(18), and Sec. 1.4.5(c)(1)(C), as adopted March
23, 1989, by the Oklahoma State Board of Health and effective June 11,
1989.
(39) On February 20, 1985, the Governor of Oklahoma, submitted a SIP
revision designed to achieve the ozone standard in Tulsa County.
Supplemental information was submitted on August 23, 1985, January 21,
June 2, September 2, and December 22, 1986. The anti-tampering
regulation was submitted to EPA by the Governor on October 8, 1985. On
March 31, 1986, the Governor of Oklahoma submitted one new regulation.
On May 8, 1989, the Governor of Oklahoma submitted one revised
regulation. On March 9, 1990, the Governor of Oklahoma submitted four
new regulations and several miscellaneous changes to the existing SIP
approved regulations in Tulsa County. EPA is approving one regulation
(OAPCR 3.7.5-4(f) ``Petroleum (Solvent) Dry Cleaning'') under part A,
section 110 of the Clean Air Act. This regulation does not represent
RACT under part D, section 172 of the Clean Air Act.
(i) Incorporation by reference.
(A) Oklahoma Air Pollution Control Regulation (OAPCR) 3.7 ``Control
of Emissions of Organic Materials'' Sec. 3.7.5-4(f) as adopted by the
Oklahoma State Board of Health on February 7, 1985, and effective July
1, 1986.
(B) Oklahoma Air Pollution Control Regulation (OAPCR) 3.7 ``Control
of Emissions of Organic Materials'' Sec. 3.7.5-4(f), Sec. 3.7.5-
4(f)(1)(A), Sec. 3.7.5-4(f)(1)(B)(vi), Sec. 3.7.5-4(f)(1)(B)(vii),
Sec. 3.7.5-4(f)(2)(B), Sec. 3.7.5-4(f)(3)(A)(iv), Sec. 3.7.5-
4(f)(3)(B), Sec. 3.7.5-4(f)(4), Sec. 3.7.5-4(f)(4)(A), Sec. 3.7.5-
4(f)(4)(A)(i), Sec. 3.7.5-4(f)(4)(A)(ii), Sec. 3.7.5-4(f)(4)(A)(iii),
Sec. 3.7.5-4(f)(5), and Sec. 3.7.5-4(f)(5)(A) as amended by the
Oklahoma State Board of Health on January 29, 1987, and effective
January 29, 1987.
(C) Amendments to Oklahoma Air Pollution Control Regulation (OAPCR)
3.7 ``Control of Emissions of Organic Materials'' Sec. 3.7.5-1(a),
Sec. 3.7.5-2(a)(2)(A), Sec. 3.7.5-4(b), Sec. 3.7.5-4(e)(2)(A), Sec.
3.7.5-4(f)(1)(A), Sec. 3.7.5-4(f)(2)(A), Sec. 3.7.5-4(f)(2)(B), and
Sec. 3.7.5-4(i) as amended by the Oklahoma State Board of Health on
March 23, 1989, and effective June 11, 1990.
(D) Amendments to Oklahoma Air Pollution Control Regulation (OAPCR)
3.7 ``Control of Emissions of Organic Materials'' Sec. 3.7.1(b)(10),
Sec. 3.7.1(b)(11), Sec. 3.7.1(b)(12), Sec. 3.7.1(b)(13), Sec.
3.7.1(b)(14), Sec. 3.7.5-2(a)(1)(B)(i), Sec. 3.7.5-2(a)(2), Sec.
3.7.5-2(a)(3)(A)(iv), Sec. 3.7.5-2(a)(3)(A)(v), Sec. 3.7.5-
2(a)(4)(A)(ii), Sec. 3.7.5-2(a)(5)(A), Sec. 3.7.5-2(a)(6)(A)(i), Sec.
3.7.5-2(a)(6)(A)(iii), Sec. 3.7.5-

[[Page 692]]

2(a)(6)(B), Sec. 3.7.5-2(a)(8)(A)(i), Sec. 3.7.5-2(a)(9), Sec. 3.7.5-
2(b)(1), Sec. 3.7.5-2(b)(2), Sec. 3.7.5-2(b)(2)(A)(i), Sec. 3.7.5-
2(c)(1), Sec. 3.7.5-2(c)(1)(A), Sec. 3.7.5-2(c)(1)(B), Sec. 3.7.5-
2(c)(2), Sec. 3.7.5-2(c)(3), Sec. 3.7.5-2(c)(4), Sec. 3.7.5-
3(a)(2)(B), Sec. 3.7.5-3(a)(3)(B)(i), Sec. 3.7.5-4(b)(1)(A)(i), Sec.
3.7.5-4(b)(1)(A)(ii), Sec. 3.7.5-4(b)(1)(A)(iii), Sec. 3.7.5-
4(b)(3)(F), Sec. 3.7.5-4(c)(1)(A), Sec. 3.7.5-4(c)(1)(A)(ii), Sec.
3.7.5-4(c)(1)(D), Sec. 3.7.5-4(c)(1)(E), Sec. 3.7.5-4(c)(2)(A)(i),
Sec. 3.7.5-4(c)(2)(A)(ii), Sec. 3.7.5-4(c)(2)(A)(iii), Sec. 3.7.5-
4(c)(2)(A)(iii)(a), Sec. 3.7.5-4(c)(2)(A)(iii)(d), Sec. 3.7.5-
4(c)(2)(C), Sec. 3.7.5-4(c)(3), Sec. 3.7.5-4(c)(3)(A), Sec. 3.7.5-
4(c)(3)(A)(i), Sec. 3.7.5-4(c)(3) (B) through (C) added, Sec. 3.7.5-
4(c)(4), Sec. 3.7.(d)(5)(A), Sec. 3.7.5-4(f)(1)(A), new Sec. 3.7.5-
4(g), Sec. 3.7.5-4(i)(1)(B), Sec. 3.7.5-4(i)(1)(B)(iii), Sec. 3.7.5-
4(i)(1)(B)(iv), Sec. 3.7.5-4(i)(1)(D), Sec. 3.7.5-4(i)(1)(E), and
Sec. 3.7.5-4(i)(2)(G), as amended/adopted by the Oklahoma State Board
of Health on October 11, 1989, and effective May 25, 1990.
(E) Amendments to Oklahoma Air Pollution Control Regulation (OAPCR)
3.7 ``Control of Emissions of Organic Materials'' Sec. 3.7.5-
2(a)(1)(A), Sec. 3.7.5-2(a)(1)(B), Sec. 3.7.5-2(a)(1)(B)(i), Sec.
3.7.5-2(a)(1)(B)(vii), Sec. 3.7.5-2(a)(6)(A)(i), Sec. 3.7.5-
2(c)(3)(B), Sec. 3.7.5-2(c)(4), Sec. 3.7.5-4(g)(6), Sec. 3.7.5-
4(g)(11), Sec. 3.7.5-4(i)(1)(D), Sec. 3.7.5-4(i)(1)(E), Sec. 3.7.5-
4(i)(1)(F), Sec. 3.7.5-4(i)(1)(G), and new Sec. 3.7.5-4(j) as amended/
adopted by the Oklahoma State Board of Health on February 8, 1990, and
effective May 25, 1990.
(F) Oklahoma Official Motor Vehicle Inspection Rules and Regulations
Manual adopted December 5, 1985, and effective January 1, 1986.
(G) 47 O.S. SUPP. 856.1 et seq. adopted May 24, 1984, and effective
May 24, 1984.
(H) OP. Oklahoma Attorney General number 84-174 (December 12, 1984).
(I) February 20, 1985, plan commitments for Tulsa County, including
transportation control measures, page 8, and Reasonable Further Progress
schedules and reporting commitments, pages 10 and 11, dated June 3,
1986.
(J) Title 37, chapter 4, section 167, Tulsa City Ordinance number
16466 as approved and effective October 15, 1985, by the City of Tulsa.
(K) An October 17, 1989, commitment letter, to develop and
incorporate test methods into OAPCR 3.7 for determining the capture
efficiency of control devices associated with coating operations.
(L) A January 16, 1990, commitment letter stating that the DPS will
annually conduct unannounced visits to 10 percent of the Tulsa
inspection stations.
(M) A September 28, 1990, Memorandum of Understanding.
(N) An October 12, 1990, letter to report semiannually to EPA,
information relating to the effectiveness and enforcement of the I/M
program.
(ii) Additional material.
(A) February 20, 1985, narrative plan revision designed to achieve
the ozone standard in Tulsa County, including control strategy, modeling
analysis, transportation control plan and measures, I/M program
description, and negative declarations.
(B) A written interpretation by the DPS dated June 26, 1987, of the
term ``proper replacement'' in Sec. 856.1(C) of the Oklahoma statutes
to mean ``original equipment manufacturer (OEM) or equivalent''.
(40) On October 17, 1985, the Governor of Oklahoma submitted a SIP
revision designed to achieve the carbon monoxide standard in Oklahoma
County. Supplemental information was submitted on January 29, 1986,
November 7, 1986, October 12, 1990, and October 15, 1990. The anti-
tampering regulation was submitted to EPA by the Governor on October 8,
1985.
(i) Incorporation by reference.
(A) Oklahoma Official Motor Vehicle Inspection Rules and Regulations
Manual adopted December 5, 1985, and effective January 1, 1986.
(B) 47 O.S. SUPP. Section 856.1 et seq. adopted May 24, 1984, and
effective May 24, 1984.
(C) OP. Oklahoma Attorney General number 84-174 (December 12, 1984).
(D) October 17, 1985, plan reporting commitments for Oklahoma County
Reasonable Further Progress schedule, page 6.
(E) The City of Oklahoma City Ordinance No. 12,575, as passed by the
Council of the City of Oklahoma City on March 31, 1970, and approved by
the Mayor on March 31, 1970.
(ii) Additional material.

[[Page 693]]

(A) A February 7, 1991, commitment letter stating that the DPS will
annually conduct unannounced visits at 10 percent of the Oklahoma County
inspection stations.
(B) An October 12, 1990, letter committing to report semiannually to
EPA, information relating to the effectiveness and enforcement of the I/
M program.
(41) On November 14, 1990, the Governor submitted revisions to
Oklahoma Air Pollution Control Regulation (Regulation) 1.1 ``Defining
Terms Used in Oklahoma Air Pollution Control Regulations'', Regulation
1.2 ``Oklahoma Air Quality Standards and Increments'', and Regulation
1.4 ``Permits''. These regulations were adopted by the Oklahoma Air
Quality Council on April 3, 1990, and by the Oklahoma Board of Health on
April 12, 1990. These regulations became effective when they were signed
by the Governor as emergency rules on June 4, 1990.
(i) Incorporation by reference.
(A) Revisions to Oklahoma Air Pollution Control Regulation 1.1,
Regulation 1.2, and Regulation 1.4, as adopted by the Oklahoma Air
Quality Council on April 3, 1990, by the Oklahoma Board of Health on
April 12, 1990, and became effective on June 4, 1990: Oklahoma Air
Pollution Control Regulations 1.1(b)(13), 1.1(b)(14), 1.1(b)(15),
1.1(b)(16), 1.1(b)(82)(D), 1.2--Table 1.2(2), 1.4.1(a)(1),
1.4.1(b)(3)(B), 1.4.1(b)(3)(C), 1.4.2(a)(2)(ii), 1.4.2(c), 1.4.2(h)(2),
1.4.4(b)(3)(D), 1.4.4(b)(13), 1.4.4(b)(14), 1.4.4(b)(15) and
1.4.4(d)(12), 1.4.4(d)(13)(C).
(ii) Additional material.
(A) April 23, 1991, letter from Mr. John Drake, Chief, Air Quality
Service, Oklahoma State Department of Health, to Mr. A. Stanley Meiburg,
Director, Air, Pesticides & Toxics Division, EPA, Region 6.
(42) On November 7, 1989, the Governor of Oklahoma submitted a
revision to the SIP consisting of a construction permit, number 88-116-
C, for a cogeneration unit and an operating permit, number 88-117-O, for
a sulfur recovery unit. The revision involves a sulfur dioxide emissions
trade for the Conoco, Incorporated, Ponca City Refinery.
(i) Incorporation by reference.
(A) Permit number 88-116-C, as adopted by the Oklahoma State
Department of Health (OSDH) on May 23, 1989.
(B) Permit number 88-117-O, as adopted by the Oklahoma State
Department of Health (OSDH) on June 22, 1990.
(ii) Additional material.
(A) The document issued by Conoco Ponca City Refinery, titled,
``Level II Modeling Analysis in Support of Alternate Emissions Reduction
Permit for Sulfur Recovery Plant'' dated April 1990.
(B) The document issued by Conoco Ponca City Refinery, titled,
``Level III Remodeling for an SO2 Bubble Trade'' dated June
3, 1991 (revised July 8, 1991).
(43) A revision to the Oklahoma SIP to include revisions to Oklahoma
Title 310, Chapter 200, Subchapter 31, entitled Control of Emissions of
Sulfur Compounds.
(i) Incorporation by reference.
(A) Revisions to Oklahoma Title 310, Chapter 200, Subchapter 31,
entitled Control of Emissions of Sulfur Compounds, Part 1. ``General
Provisions,'' Section 310:200-31-2, ``Definitions;'' Section 310:200-31-
3, ``Performance testing;'' Part 3. ``Existing Equipment Standards,''
Section 310:200-31-12, ``Sulfur oxides;'' Section 310:200-31-13,
``Sulfuric acid mist;'' Section 310:200-31-14, ``Hydrogen sulfide;''
Section 310:200-31-15, ``Total reduced sulfur;'' Part 5. ``New Equipment
Standards,'' Section 310:200-31-25, ``Sulfur oxides;'' and Section
310:200-31-26, ``Hydrogen sulfide,'' as adopted by the Oklahoma State
Board of Health on March 24, 1993, and effective June 1, 1993.
(44) A revision to the Oklahoma SIP to include Oklahoma
Administrative Code, Chapter 310:200, Subchapter 23, entitled, ``Control
of Emissions From Cotton Gins,'' submitted by the Governor on May 16,
1994.
(i) Incorporation by reference.
(A) Addition of Oklahoma Administrative Code, Chapter 310:200,
Subchapter 23, entitled, ``Control of Emissions From Cotton Gins,'' as
adopted by the Oklahoma Air Quality Council on April 30, 1992, and
effective June 1, 1993.
(ii) Additional material--None.

[[Page 694]]

(45) The State is required to implement a Small Business Stationary
Source Technical and Environmental Compliance Assistance Program as
specified in the plan revision submitted by the Governor on November 19,
1992. This plan submittal, as adopted by the Oklahoma Air Quality
Council on October 13, 1992, was developed in accordance with section
507 of the Clean Air Act.
(i) Incorporation by reference.
(A) Enrolled House Bill No. 2251 (Oklahoma Clean Air Act of 1992),
signed into law by the Governor on May 15, 1992, and effective upon
signature. Included in this Act are provisions establishing a small
business stationary source compliance assistance program; creating the
State Ombudsman Office for small business; establishing Ombudsman
duties; creating a Compliance Advisory Panel; establishing membership of
Panel; and establishing Panel duties.
(B) Enrolled House Bill No. 2227 (Oklahoma Environmental Quality
Act), signed into law by the Governor on June 12, 1992, and effective
upon signature, authorizing the creation of the Oklahoma Department of
Environmental Quality (ODEQ).
(ii) Additional material.
(A) Revision entitled, ``The Oklahoma Small Business Stationary
Source Assistance Program, Chapter 11 of the State Implementation Plan,
October 13, 1992.''
(46) A revision to the Oklahoma SIP to include revisions to Oklahoma
Department of Public Safety regulation Title 595, Chapter 20, Subchapter
3--Emission and Mechanical Inspection of Vehicles, Subchapter 7--
Inspection Stickers and Monthly Tab Inserts for Windshield and Trailer/
Motorcycle, Subchapter 9--Class AE Inspection Station, Vehicle Emission
Anti-tampering Inspection and Subchapter 11--Annual Motor Vehicle
Inspection and Emission Anti-Tampering Inspection Records and Reports,
adopted by the State on April 6, 1994, effective May 26, 1994 and
submitted by the Governor on May 16, 1994.
(i) Incorporation by reference.
(A) Revisions to Oklahoma Department of Public Safety regulation
Title 595, Chapter 20: 3-1(2); 3-3; 3-5; 3-6; 3-12; 3-25; 3-26; 3-27; 3-
41(o); 3-42; 3-46(a) and (b); 3-61(a),(b),(e) and (f); 3-63(b) and (g);
7-1(c) and (f); 7-2(a); 7-3; 7-4(a); 7-5(a); 7-6(a); 7-7(a); 9-1(a); 9-
3(l) and (m); 9-7; 9-10(a),(b) and (c); 9-11(a); 9-12(a); 9-13(a); 9-
14(a) and (b); 9-15(a); 11-1; 11-2(a); 11-3(a); 11-4 effective May 26,
1994.
(ii) Additional material.
(A) State SIP revision entitled, ``Oklahoma Vehicle Anti-Tampering
Program SIP Revision,'' which includes a completeness determination, SIP
narrative, hearing records and other documentation relevant to the
development of this SIP.
(47) A revision to the Oklahoma SIP to include revisions to Oklahoma
Air Pollution Control Regulation 3.7--Control of Emissions of Organic
Materials, adopted by the State on October 2, 1990, effective May 11,
1991 and submitted by the Governor on May 16, 1994.
(i) Incorporation by reference.
(A) Revisions to Oklahoma Air Pollution Control Regulations 3.7,
Sections 3.7.5-4(g)(7)(A)(i)(b), 3.7.5-4(g)(9)(A), 3.7.5-4(i)(3)(B)(1),
and 3.7.5-4(i)(3)(B)(3) effective May 11, 1991.
(ii) Additional material.
(A) State SIP revision entitled, ``Oklahoma Alternative Standards
SIP Revision,'' which includes a completeness determination, SIP
narrative, hearing records and other documentation relevant to the
development of this SIP.
(48) Revisions to Oklahoma Department of Environmental Quality
(ODEQ) regulations in the Oklahoma SIP adopted by the Oklahoma
Legislature on March 30, 1994, effective May 26, 1994, and submitted by
the Governor on May 16, 1994.
(i) Incorporation by reference.
(A) Oklahoma Register, May 16, 1994, pages 2031 and 2032, approving
the transfer of the Oklahoma Air Quality Control Rules into Title 252,
Chapter 100, of the Oklahoma Administrative Code.
(B) Oklahoma Administrative Code, Title 252, Chapter 100
(OAC:252:100), Oklahoma Air Quality Control Rules, adopted by the
Oklahoma Legislature on March 30, 1994, effective May 26, 1994.
(1) Subchapter 1, General Provisions.
(2) Subchapter 3, Air Quality Standards and Increments.

[[Page 695]]

(3) Subchapter 5, Registration of Air Contaminant Sources.
(4) Subchapter 9, Excess Emissions and Reporting Requirements.
(5) Subchapter 13, Prohibition of Open Burning.
(6) Subchapter 15, Motor Vehicle Pollution Control Devices.
(7) Subchapter 17, Incinerators.
(8) Subchapter 19, Particulate Matter Emissions from Fuel-Burning
Equipment.
(9) Subchapter 23, Control of Emissions from Cotton Gins.
(10) Subchapter 25, Smoke, Visible Emissions and Particulates.
(11) Subchapter 27, Particulate Matter Emissions from Industrial and
Other Processes and Operations.
(12) Subchapter 29, Control of Fugitive Dust.
(13) Subchapter 31, Control of Emission of Sulfur Compounds.
(14) Subchapter 33, Control of Emission of Nitrogen Oxides.
(15) Subchapter 35, Control of Emission of Carbon Monoxide.
(16) Subchapter 37, Control of Emissions of Organic Materials.
(17) Subchapter 39, Control of Emission of Organic Materials in
Nonattainment Areas
(18) Subchapter 43, Sampling and Testing Methods.
(19) Subchapter 45, Monitoring of Emissions.
(20) Appendix A, Allowable Emissions for Incinerators with
Capacities in Excess of 100 lbs/hr.
(21) Appendix B, Allowable Emissions for Incinerators with
Capacities Less Than 100 lbs/hr.
(22) Appendix C, Particulate Matter Emission Limits for Fuel-Burning
Equipment.
(23) Appendix E, Primary Ambient Air Quality Standards.
(24) Appendix F, Secondary Ambient Air Quality Standards.
(25) Appendix G, Allowable Rate of Emissions.
(ii) The following previously approved ODEQ regulations remain in
the Oklahoma SIP:
(A) Regulation 1.4, ``Air Resources Management Permits Required,''
as approved by EPA on: August 25, 1983 (48 FR 38636), at 52.1920(c)(26);
April 2, 1984 (49 FR 13039), at 52.1920(c)(29); July 27, 1984 (49 FR
30185), at 52.1920(c)(31); August 20, 1990 (55 FR 33907), at
52.1920(c)(34); February 12, 1991 (56 FR 5655), at 52.1920(c)(38); and
July 23, 1991 (56 FR 33717), at 52.1920(c)(41).
(B) Regulation 3.8, ``Control of Emission of Hazardous Air
Contaminants,'' approved by EPA on August 15, 1983 (48 FR 36819), at
52.1920(c)(27).
(iii) Additional materials--None.
(49) Oklahoma visibility protection plan submitted by the Governor
of Oklahoma on June 18, 1990.
(i) Incorporation by reference. Oklahoma Air Pollution Control
Regulations, Sections 1.4.4(f)(2), 1.4.4(f)(7), 1.4.4(f)(11), and
1.4.4(g), as amended by the Oklahoma State Department of Health on July
9, 1987, effective August 10, 1987.
(ii) Additional information``Oklahoma Visibility Protection Plan,''
submitted by the Governor of Oklahoma on June 18, 1990.

[37 FR 10887, May 31, 1972. Redesignated and amended at 65 FR 47328,
Aug. 2, 2000]

Editorial Note: For Federal Register citations affecting Sec.
52.1960, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.

Subpart MM_Oregon

Sec. 52.1970 Identification of plan.

(a) Purpose and scope. This section sets forth the applicable State
implementation plan for the State of Oregon 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 September 1, 2013, was approved for
incorporation by reference by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. Material is
incorporated as it exists on the date of the approval, and notice of any
change in the material will be published in the Federal Register.
Entries in paragraphs (c) and (d) of this section with the EPA approval
dates after September 1, 2013, will be incorporated by reference in the
next update to the SIP compilation.

[[Page 696]]

(2) 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 September 1, 2013.
(3) Copies of the materials incorporated by reference may be
inspected at the Region 10 EPA Office at 1200 Sixth Avenue, Seattle WA,
98101; the EPA, Air and Radiation Docket and Information Center, EPA
Headquarters Library, Infoterra Room (Room Number 3334), EPA West
Building, 1301 Constitution Ave. NW., Oregon, 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 and statutes.

Table 1--EPA Approved Oregon State Statutes
----------------------------------------------------------------------------------------------------------------
State effective
State Citation Title/subject date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
ORS 477.515.................... Permits........... 1971 11/1/2001, 66 FR Permits required for
55105. fires on forestlands;
waiver, permit
conditions, smoke
management plan;
restricted areas,
rules and excepted
areas.
----------------------------------------------------------------------------------------------------------------

Table 2--EPA Approved Oregon Administrative Rules (OAR)
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
CHAPTER 340--DEPARTMENT OF ENVIRONMENTAL QUALITY
----------------------------------------------------------------------------------------------------------------
Division 21--General Emission Standards for Particulate Matter
----------------------------------------------------------------------------------------------------------------
Industrial Contingency Requirements for PM-10 Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
021-200.......................... Purpose............ 5/1/1995 9/21/1999, 64 FR
51051.
021-205.......................... Relation to Other 3/10/1993 2/25/1997, 62 FR
Rules. 8385.
021-210.......................... Applicability...... 3/10/1993 2/25/1997, 62 FR
8385.
021-215.......................... Definitions........ 3/10/1993 2/25/1997, 62 FR
8385.
021-220.......................... Compliance Schedule 3/10/1993 2/25/1997, 62 FR
for Existing 8385.
Sources.
021-225.......................... Wood-Waste Boilers. 3/10/1993 2/25/1997, 62 FR
8385.
021-230.......................... Wood Particle 3/10/1993 2/25/1997, 62 FR
Dryers at 8385.
Particleboard
Plants.
021-235.......................... Hardboard 1/29/1996 2/25/1997, 62 FR
Manufacturing 8385.
Plants.
021-240.......................... Air Conveying 3/10/1993 2/25/1997, 62 FR
Systems. 8385.
021-245.......................... Fugitive Emissions. 3/10/1993 2/25/1997, 62 FR
8385.
----------------------------------------------------------------------------------------------------------------
Division 200 General Air Pollution Procedures and Definitions
----------------------------------------------------------------------------------------------------------------
200-0010......................... Purpose and 11/8/2007 12/27/2011, 76 FR
Application. 80747.
200-0020......................... General Air Quality 5/17/2012 6/20/2013, 78 FR Including Table 1,
Definitions. 37124. 2, 3, 4, 5.
200-0025......................... Abbreviations and 5/1/2011 12/27/2011, 76 FR
Acronyms. 80747.
200-0030......................... Exceptions......... 9/17/2008 12/27/2011, 76 FR
80747.
----------------------------------------------------------------------------------------------------------------
Division 202 Ambient Air Quality Standards and PSD Increments
----------------------------------------------------------------------------------------------------------------
202-0010......................... Definitions........ 5/1/2011 12/27/2011; 76 FR
80747.
----------------------------------------------------------------------------------------------------------------
Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
202-0050......................... Purpose and Scope 7/1/2001 1/22/2003, 68 FR
of Ambient Air 2891.
Quality Standards.

[[Page 697]]

202-0060......................... Suspended 5/1/2011 12/27/2011, 76 FR
Particulate Matter. 80747.
202-0070......................... Sulfur Dioxide..... 7/1/2001 1/22/2003, 68 FR
2891.
202-0080......................... Carbon Monoxide.... 7/1/2001 1/22/2003, 68 FR
2891.
202-0090......................... Ozone.............. 5/21/2010 12/27/2011, 76 FR
80747.
202-0100......................... Nitrogen Dioxide... 7/1/2001 1/22/2003, 68 FR
2891.
202-0130......................... Ambient Air Quality 5/21/2010 12/27/2011, 76 FR
Standard for Lead. 80747.
----------------------------------------------------------------------------------------------------------------
Prevention of Significant Deterioration Increments
----------------------------------------------------------------------------------------------------------------
202-0200......................... General............ 10/14/1999 1/22/2003, 68 FR
2891.
202-0210......................... Ambient Air 5/1/2011 12/27/2011, 76 FR Including Table 1.
Increments. 80747.
202-0220......................... Ambient Air 7/1/2001 1/22/2003, 68 FR
Ceilings. 2891.
----------------------------------------------------------------------------------------------------------------
Division 204 Designation of Air Quality Areas
----------------------------------------------------------------------------------------------------------------
204-0010......................... Definitions........ 12/21/2011 4/11/2013, 78 FR
21547.
204-0020......................... Designation of Air 10/14/1999 1/22/2003, 68 FR
Quality Control 2891.
Regions.
204-0030......................... Designation of 12/21/2011 4/11/2013, 78 FR
Nonattainment 21547.
Areas.
204-0040......................... Designation of 12/21/2011 4/11/2013, 78 FR
Maintenance Areas. 21547.
204-0050......................... Designation of 10/14/1999 1/22/2003, 68 FR
Prevention of 2891.
Significant
Deterioration
Areas.
204-0060......................... Redesignation of 10/14/1999 1/22/2003, 68 FR
Prevention of 2891.
Significant
Deterioration
Areas.
204-0070......................... Special Control 10/14/1999 1/22/2003, 68 FR
Areas. 2891.
204-0080......................... Motor Vehicle 10/14/1999 1/22/2003, 68 FR
Inspection 2891.
Boundary
Designations.
204-0090......................... Oxygenated Gasoline 12/15/2004 1/24/2006, 71 FR
Control Areas. 3768.
----------------------------------------------------------------------------------------------------------------
Division 206 Air Pollution Emergencies
----------------------------------------------------------------------------------------------------------------
206-0010......................... Introduction....... 5/21/2010 12/27/2011, 76 FR
80747.
206-0020......................... Definitions........ 10/14/1999 1/22/2003, 68 FR
2891.
206-0030......................... Episode Stage 5/21/2010 12/27/2011, 76 FR Including Table 2.
Criteria for Air 80747.
Pollution
Emergencies.
206-0040......................... Special Conditions. 10/14/1999 1/22/2003, 68 FR
2891.
206-0050......................... Source Emission 10/14/1999 1/22/2003, 68 FR
Reduction Plans. 2891.
206-0060......................... Regional Air 10/14/1999 1/22/2003, 68 FR
Pollution 2891.
Authorities.
206-0070......................... Operations Manual.. 10/14/1999 1/22/2003, 68 FR
2891.
----------------------------------------------------------------------------------------------------------------
Division 208 Visible Emissions and Nuisance Requirements
----------------------------------------------------------------------------------------------------------------
208-0010......................... Definitions........ 11/8/2007 12/27/2011, 76 FR
80747.
----------------------------------------------------------------------------------------------------------------
Visible Emissions
----------------------------------------------------------------------------------------------------------------
208-0100......................... Applicability...... 2/5/2001 12/27/2011; 76 FR
80747.
208-0110......................... Visible Air 11/8/2007 12/27/2011; 76 FR
Contaminant 80747.
Limitations.
----------------------------------------------------------------------------------------------------------------
Fugitive Emissions Requirements
----------------------------------------------------------------------------------------------------------------
208-0200......................... Applicability...... 2/5/2001 12/27/2011; 76 FR
80747.

[[Page 698]]

208-0210......................... Requirements....... 2/5/2001 12/27/2011; 76 FR
80747.
----------------------------------------------------------------------------------------------------------------
Division 209 Public Participation
----------------------------------------------------------------------------------------------------------------
209-0010......................... Purpose............ 7/1/2001 1/22/2003, 68 FR
2891.
209-0020......................... Applicability...... 7/1/2001 1/22/2003, 68 FR
2891.
209-0030......................... Public Notice 7/1/2001 1/22/2003, 68 FR
Categories and 2891.
Timing.
209-0040......................... Public Notice 11/8/2007 12/27/2011, 76 FR
Information. 80747.
209-0050......................... Public Notice 7/1/2001 1/22/2003, 68 FR
Procedures. 2891.
209-0060......................... Persons Required to 7/1/2001 1/22/2003, 68 FR
Be Notified. 2891.
209-0070......................... Hearing and Meeting 11/8/2007 12/27/2011, 76 FR
Procedures. 80747.
209-0080......................... Issuance or Denial 11/8/2007 12/27/2011, 76 FR
of a Permit. 80747.
----------------------------------------------------------------------------------------------------------------
Division 210 Stationary Source Notification Requirements
----------------------------------------------------------------------------------------------------------------
210-0010......................... Applicability...... 10/14/1999 1/22/2003, 68 FR
2891.
210-0020......................... Definitions........ 10/14/1999 1/22/2003, 68 FR
2891.
----------------------------------------------------------------------------------------------------------------
Registration
----------------------------------------------------------------------------------------------------------------
210-0100......................... Registration in 5/17/2012 6/20/2013, 78 FR
General. 37124.
210-0110......................... Registration 5/17/2012 6/20/2013, 78 FR
Requirements. 37124.
210-0120......................... Re-Registration and 5/17/2012 6/20/2013, 78 FR
Maintaining 37124.
Registration.
----------------------------------------------------------------------------------------------------------------
Notice of Construction and Approval of Plans
----------------------------------------------------------------------------------------------------------------
210-0205......................... Applicability...... 9/17/2008 12/27/2011, 76 FR
80747.
210-0215......................... Requirement........ 7/1/2001 1/22/2003, 68 FR
2891.
210-0225......................... Types of 7/1/2001 1/22/2003, 68 FR
Construction/ 2891.
Modification
Changes.
210-0230......................... Notice to Construct 7/1/2001 1/22/2003, 68 FR
2891.
210-0240......................... Construction 7/1/2001 1/22/2003, 68 FR
Approval. 2891.
210-0250......................... Approval to Operate 5/17/2012 6/20/2013, 78 FR
37124.
----------------------------------------------------------------------------------------------------------------
Division 212 Stationary Source Testing and Monitoring
----------------------------------------------------------------------------------------------------------------
212-0010......................... Definitions........ 10/14/1999 1/22/2003, 68 FR
2891.
----------------------------------------------------------------------------------------------------------------
Sampling, Testing and Measurement
----------------------------------------------------------------------------------------------------------------
212-0110......................... Applicability...... 10/14/1999 1/22/2003, 68 FR
2891.
212-0120......................... Program............ 7/1/2001 1/22/2003, 68 FR
2891.
212-0130......................... Stack Heights and 7/1/2001 1/22/2003, 68 FR
Dispersion 2891.
Techniques.
212-0140......................... Methods............ 7/1/2001 1/22/2003, 68 FR
2891.
212-0150......................... Department Testing. 7/1/2001 1/22/2003, 68 FR
2891.
----------------------------------------------------------------------------------------------------------------
Compliance Assurance Monitoring
----------------------------------------------------------------------------------------------------------------
212-0200......................... Purpose and 7/1/2001 1/22/2003, 68 FR
Applicability. 2891.
212-0210......................... Monitoring Design 7/1/2001 1/22/2003, 68 FR
Criteria. 2891.
212-0220......................... Submittal 7/1/2001 1/22/2003, 68 FR
Requirements. 2891.
212-0230......................... Deadlines for 7/1/2001 1/22/2003, 68 FR
Submittals. 2891.
212-0240......................... Approval of 7/1/2001 1/22/2003, 68 FR
Monitoring Plans. 2891.

[[Page 699]]

212-0250......................... Operation of 7/1/2001 1/22/2003, 68 FR
Approved 2891.
Monitoring.
212-0260......................... Quality Improvement 7/1/2001 1/22/2003, 68 FR
Plan (QIP) 2891.
Requirements.
212-0270......................... Reporting and 7/1/2001 1/22/2003, 68 FR
Recordkeeping 2891.
Requirements.
212-0280......................... Savings Provisions. 7/1/2001 1/22/2003, 68 FR
2891.
----------------------------------------------------------------------------------------------------------------
Division 214 Stationary Source Reporting Requirements
----------------------------------------------------------------------------------------------------------------
214-0010......................... Definitions........ 11/8/2007 12/27/2011, 76 FR
80747.
----------------------------------------------------------------------------------------------------------------
Reporting
----------------------------------------------------------------------------------------------------------------
214-0100......................... Applicability...... 10/14/1999 1/22/2003, 68 FR
2891.
214-0110......................... Request for 7/1/2001 1/22/2003, 68 FR
Information. 2891.
214-0114......................... Records; 7/1/2001 1/22/2003, 68 FR
Maintaining and 2891.
Reporting.
214-0120......................... Enforcement........ 10/14/1999 1/22/2003, 68 FR
2891.
214-0130......................... Information Exempt 7/1/2001 1/22/2003, 68 FR
from Disclosure. 2891.
----------------------------------------------------------------------------------------------------------------
Emission Statements for VOC and NOX Sources
----------------------------------------------------------------------------------------------------------------
214-0200......................... Purpose and 7/1/2001 1/22/2003, 68 FR
Applicability. 2891.
214-0210......................... Requirements....... 7/1/2001 1/22/2003, 68 FR
2891.
214-0220......................... Submission of 7/1/2001 1/22/2003, 68 FR
Emission Statement. 2891.
----------------------------------------------------------------------------------------------------------------
Excess Emissions and Emergency Provision
----------------------------------------------------------------------------------------------------------------
214-0300......................... Purpose and 11/8/2007 12/27/2011, 76 FR
Applicability. 80747.
214-0310......................... Planned Startup and 11/8/2007 12/27/2011, 76 FR
Shutdown. 80747.
214-0320......................... Scheduled 11/8/2007 12/27/2011, 76 FR
Maintenance. 80747.
214-0330......................... All Other Excess 11/8/2007 12/27/2011, 76 FR
Emissions. 80747.
214-0340......................... Reporting 11/8/2007 12/27/2011, 76 FR
Requirements. 80747.
214-0350......................... Enforcement Action 11/8/2007 12/27/2011, 76 FR
Criteria. 80747.
214-0360......................... Emergency as an 11/8/2007 12/27/2011, 76 FR
Affirmative 80747.
Defense.
----------------------------------------------------------------------------------------------------------------
Division 216 Air Contaminant Discharge Permits
----------------------------------------------------------------------------------------------------------------
216-0010......................... Purpose............ 7/1/2001 1/22/2003, 68 FR
2891.
216-0020......................... Applicability...... 5/1/2011 12/27/2011, 76 FR Including Table 1,
80747. 2.
216-0025......................... Types of Permits... 7/1/2001 1/22/2003, 68 FR
2891.
216-0030......................... Definitions........ 7/1/2001 1/22/2003, 68 FR
2891.
216-0040......................... Application 5/1/2011 12/27/2011, 76 FR
Requirements. 80747.
216-0052......................... Construction ACDP.. 7/1/2001 1/22/2003, 68 FR
2891.
216-0054......................... Short Term Activity 7/1/2001 1/22/2003, 68 FR
ACDPs. 2891.
216-0056......................... Basic ACDPs........ 7/1/2001 1/22/2003, 68 FR
2891.
216-0060......................... General Air 5/1/2011 12/27/2011, 76 FR
Contaminant 80747.
Discharge Permits.
216-0064......................... Simple ACDP........ 5/1/2011 12/27/2011, 76 FR
80747.
216-0066......................... Standard ACDPs..... 7/1/2001 1/22/2003, 68 FR
2891.

[[Page 700]]

216-0070......................... Permitting Multiple 7/1/2001 1/22/2003, 68 FR
Sources at a 2891.
Single Adjacent or
Contiguous Site.
216-0082......................... Termination or 11/8/2007 12/27/2011, 76 FR
Revocation of an 80747.
ACDP.
216-0084......................... Department 7/1/2001 1/22/2003, 68 FR
Initiated 2891.
Modification.
216-0090......................... Sources Subject to 7/1/2001 1/22/2003, 68 FR
ACDPs and Fees. 2891.
216-0094......................... Temporary Closure.. 7/1/2001 1/22/2003, 68 FR
2891.
----------------------------------------------------------------------------------------------------------------
Division 222--Stationary Source Plant Site Emission Limits
----------------------------------------------------------------------------------------------------------------
222-0010......................... Policy............. 7/1/2001 1/22/2003, 68 FR
2891.
222-0020......................... Applicability...... 8/29/2008 12/27/2011, 76 FR
80747.
222-0030......................... Definitions........ 10/14/1999 1/22/2003, 68 FR
2891.
----------------------------------------------------------------------------------------------------------------
Criteria for Establishing Plant Site Emission Limits
----------------------------------------------------------------------------------------------------------------
222-0040......................... Generic Annual PSEL 7/1/2001 1/22/2003, 68 FR
2891.
222-0041......................... Source Specific 10/8/2002 1/22/2003, 68 FR
Annual PSEL. 2891.
222-0042......................... Short Term PSEL.... 7/1/2001 1/22/2003, 68 FR
2891.
222-0043......................... General 7/1/2001 1/22/2003, 68 FR
Requirements for 2891.
All PSEL.
222-0045......................... Unassigned 7/1/2001 1/22/2003, 68 FR
Emissions. 2891.
222-0070......................... Plant Site Emission 7/1/2001 1/22/2003, 68 FR
Limits for 2891.
Insignificant
Activities.
222-0080......................... Plant Site Emission 7/1/2001 1/22/2003, 68 FR
Limit Compliance. 2891.
222-0090......................... Combining and 7/1/2001 1/22/2003, 68 FR
Splitting Sources. 2891.
----------------------------------------------------------------------------------------------------------------
Division 223--Regional Haze
----------------------------------------------------------------------------------------------------------------
223-0010......................... Purpose............ 12/10/2010 7/5/2011, 76 FR
38997.
223-0020......................... Definitions........ 12/10/2010 7/5/2011, 76 FR
38997.
223-0030......................... BART and Additional 12/10/2010 7/5/2011, 76 FR
Regional Haze 38997.
Requirements for
the Foster-Wheeler
Boiler at the
Boardman Coal-
Fired Power Plant
(Federal Acid Rain
Program Facility
ORISPL Code 6106).
223-0040......................... Federally 12/10/2010 7/5/2011, 76 FR
Enforceable Permit 38997.
Limits.
223-0050......................... Alternative 12/10/2010 7/5/2011, 76 FR
Regional Haze 38997.
Requirements for
the Foster-Wheeler
Boiler at the
Boardman Coal-
Fired Power Plant
(Federal Acid Rain
Program Facility
ORISPL Code 6106).

[[Page 701]]

223-0080......................... Alternative 12/10/2010 7/5/2011, 76 FR
Requirements for 38997.
the Foster-Wheeler
Boiler at the
Boardman Coal-
Fired Power Plant
(Federal Acid Rain
Program Facility
ORISPL Code 6106)
Based Upon
Permanently
Ceasing the
Burning of Coal
Within Five Years
of EPA Approval of
the Revision to
the Oregon Clean
Air Act State
Implementation
Plan Incorporating
OAR Chapter 340,
Division 223.
----------------------------------------------------------------------------------------------------------------
Division 224--Major New Source Review
----------------------------------------------------------------------------------------------------------------
224-0010......................... Applicability and 5/1/2011 12/27/2011, 76 FR
General 80747.
Prohibitions.
224-0020......................... Definitions........ 10/14/1999 1/22/2003, 68 FR
2891.
224-0030......................... Procedural 4/14/2004 6/19/2006, 71 FR
Requirements. 35163.
224-0040......................... Review of New 7/1/2001 1/22/2003, 68 FR
Sources and 2891.
Modifications for
Compliance with
Regulations.
224-0050......................... Requirements for 5/1/2011 12/27/2011, 76 FR
Sources in 80747.
Nonattainment
Areas.
224-0060......................... Requirements for 5/1/2011 12/27/2011, 76 FR
Sources in 80747.
Maintenance Areas.
224-0070......................... Prevention of 5/1/2011 12/27/2011, 76 FR
Significant 80747.
Deterioration
Requirements for
Sources in
Attainment or
Unclassified Areas.
224-0080......................... Exemptions......... 4/14/2004 6/19/2006, 71 FR
35163.
224-0100......................... Fugitive and 7/1/2001 1/22/2003, 68 FR
Secondary 2891.
Emissions.
----------------------------------------------------------------------------------------------------------------
Division 225--Air Quality Analysis Requirements
----------------------------------------------------------------------------------------------------------------
225-0010......................... Purpose............ 7/1/2001 1/22/2003, 68 FR
2891.
225-0020......................... Definitions........ 5/1/2011 12/27/2011, 76 FR
80747.
225-0030......................... Procedural 5/1/2011 12/27/2011, 76 FR
Requirements. 80747.
225-0040......................... Air Quality Models. 7/1/2001 1/22/2003, 68 FR
2891.
225-0045......................... Requirements for 5/1/2011 12/27/2011, 76 FR
Analysis in 80747.
Maintenance Areas.
225-0050......................... Requirements for 5/1/2011 12/27/2011, 76 FR
Analysis in PSD 80747.
Class II and Class
III Areas.
225-0060......................... Requirements for 5/1/2011 12/27/2011, 76 FR
Demonstrating 80747.
Compliance with
Standards and
Increments in PSD
Class I Areas.
225-0070......................... Requirements for 7/1/2001 1/22/2003, 68 FR
Demonstrating 2891.
Compliance with
AQRV Protection.

[[Page 702]]

225-0090......................... Requirements for 5/1/2011 12/27/2011, 76 FR Except (2)(a)(C).
Demonstrating a 80747.
Net Air Quality
Benefit.
----------------------------------------------------------------------------------------------------------------
Division 226--General Emission Standards
----------------------------------------------------------------------------------------------------------------
226-0010......................... Definitions........ 7/1/2001 1/22/2003, 68 FR
2891.
----------------------------------------------------------------------------------------------------------------
Highest and Best Practicable Treatment and Control
----------------------------------------------------------------------------------------------------------------
226-0100......................... Policy and 7/1/2001 1/22/2003, 68 FR
Application. 2891.
226-0110......................... Pollution 7/1/2001 1/22/2003, 68 FR
Prevention. 2891.
226-0120......................... Operating and 7/1/2001 1/22/2003, 68 FR
Maintenance 2891.
Requirements.
226-0130......................... Typically 7/1/2001 1/22/2003, 68 FR
Achievable Control 2891.
Technology.
226-0140......................... Additional Control 7/1/2001 1/22/2003, 68 FR
Requirements for 2891.
Stationary Sources
of Air
Contaminants.
----------------------------------------------------------------------------------------------------------------
Grain Loading Standards
----------------------------------------------------------------------------------------------------------------
226-0200......................... Applicability...... 10/14/1999 1/22/2003, 68 FR
2891.
226-0210......................... Particulate 7/1/2001 1/22/2003, 68 FR
Emission 2891.
Limitations for
Sources Other Than
Fuel Burning and
Refuse Burning
Equipment.
----------------------------------------------------------------------------------------------------------------
Particulate Emissions from Process Equipment
----------------------------------------------------------------------------------------------------------------
226-0300......................... Applicability...... 7/1/2001 1/22/2003, 68 FR
2891.
226-0310......................... Emission Standard.. 7/1/2001 1/22/2003, 68 FR
2891.
226-0320......................... Determination of 7/1/2001 1/22/2003, 68 FR
Process Weight. 2891.
----------------------------------------------------------------------------------------------------------------
Alternative Emission Controls
----------------------------------------------------------------------------------------------------------------
226-0400......................... Alternative 7/1/2001 1/22/2003, 68 FR
Emission Controls 2891.
(Bubble).
----------------------------------------------------------------------------------------------------------------
Division 228--Requirements for Fuel Burning Equipment and Fuel Sulfur Content
----------------------------------------------------------------------------------------------------------------
228-0010......................... Applicability...... 10/14/1999 1/22/2003, 68 FR
2891.
228-0020......................... Definitions........ 5/17/2012 6/20/2013, 78 FR
37124.
----------------------------------------------------------------------------------------------------------------
Sulfur Content of Fuels
----------------------------------------------------------------------------------------------------------------
228-0100......................... Residual Fuel Oils. 10/14/1999 1/22/2003, 68 FR
2891.
228-0110......................... Distillate Fuel 10/14/1999 1/22/2003, 68 FR
Oils. 2891.
228-0120......................... Coal............... 10/14/1999 1/22/2003, 68 FR
2891.
228-0130......................... Exemptions......... 10/14/1999 1/22/2003, 68 FR
2891.
----------------------------------------------------------------------------------------------------------------
General Emission Standards for Fuel Burning Equipment
----------------------------------------------------------------------------------------------------------------
228-0200......................... Sulfur Dioxide 5/17/2012 6/20/2013, 78 FR
Standards. 37124.
228-0210......................... Grain Loading 5/17/2012 6/20/2013, 78 FR
Standards. 37124.
----------------------------------------------------------------------------------------------------------------
Division 232--Emission Standards for VOC Point Sources
----------------------------------------------------------------------------------------------------------------
232-0010......................... Introduction....... 11/8/2007 12/27/2011, 76 FR
80747.
232-0020......................... Applicability...... 4/12/2007 12/19/2011, 76 FR
78571.
232-0030......................... Definitions........ 12/26/2001 8/3/2005, 70 FR
44481.
232-0040......................... General Non- 10/14/1999 1/22/2003, 68 FR
categorical 2891.
Requirements.

[[Page 703]]

232-0050......................... Exemptions......... 10/14/1999 1/22/2003, 68 FR
2891.
232-0060......................... Compliance 10/14/1999 1/22/2003, 68 FR
Determination. 2891.
232-0070......................... Gasoline Dispensing 10/14/1999 1/22/2003, 68 FR
Facilities. 2891.
232-0080......................... Bulk Gasoline 10/14/1999 1/22/2003, 68 FR
Plants. 2891.
232-0085......................... Gasoline Delivery 10/14/1999 1/22/2003, 68 FR
Vessel(s). 2891.
232-0090......................... Bulk Gasoline 10/14/1999 1/22/2003, 68 FR
Terminals. 2891.
232-0100......................... Testing Vapor 10/14/1999 1/22/2003, 68 FR
Transfer and 2891.
Collection Systems.
232-0110......................... Loading Gasoline 6/1/2001 1/22/2003, 68 FR
onto Marine Tank 2891.
Vessels.
232-0120......................... Cutback and 10/14/1999 1/22/2003, 68 FR
Emulsified Asphalt. 2891.
232-0130......................... Petroleum 10/14/1999 1/22/2003, 68 FR
Refineries. 2891.
232-0140......................... Petroleum Refinery 10/14/1999 1/22/2003, 68 FR
Leaks. 2891.
232-0150......................... Liquid Storage..... 10/14/1999 1/22/2003, 68 FR
2891.
232-0160......................... Surface Coating in 10/14/1999 1/22/2003, 68 FR
Manufacturing. 2891.
232-0170......................... Aerospace Component 10/14/1999 1/22/2003, 68 FR
Coating Operations. 2891.
232-0180......................... Degreasers......... 10/14/1999 1/22/2003, 68 FR
2891.
232-0190......................... Open Top Vapor 10/14/1999 1/22/2003, 68 FR
Degreasers. 2891.
232-0200......................... Conveyorized 10/14/1999 1/22/2003, 68 FR
Degreasers. 2891.
232-0210......................... Asphaltic and Coal 10/14/1999 1/22/2003, 68 FR
Tar Pitch Used for 2891.
Roofing Coating.
232-0220......................... Flat Wood Coating.. 10/14/1999 1/22/2003, 68 FR
2891.
232-0230......................... Rotogravure and 10/14/1999 1/22/2003, 68 FR
Flexographic 2891.
Printing.
----------------------------------------------------------------------------------------------------------------
Division 234--Emission Standards for Wood Products Industries
----------------------------------------------------------------------------------------------------------------
234-0010......................... Definitions........ 11/8/2007 12/27/2011; 76 FR Except (24),
80747. (26)(a), (44).
----------------------------------------------------------------------------------------------------------------
Wigwam Waste Burners
----------------------------------------------------------------------------------------------------------------
234-0100......................... Wigwam Waste 11/8/2007 12/27/2011; 76 FR
Burners. 80747.
234-0140......................... Existing 11/8/2007 12/27/2011; 76 FR
Administrative 80747.
Agency Orders.
----------------------------------------------------------------------------------------------------------------
Kraft Pulp Mills
----------------------------------------------------------------------------------------------------------------
234-0200......................... Statement of Policy 10/14/1999 1/22/2003, 68 FR
and Applicability. 2891.
234-0210......................... Emission 11/8/2007 12/27/2011; 76 FR Except (1).
Limitations. 80747.
234-0220......................... More Restrictive 10/14/1999 1/22/2003, 68 FR
Emission Limits. 2891.
234-0240......................... Monitoring......... 11/8/2007 12/27/2011; 76 FR Except (1).
80747.
234-0250......................... Reporting.......... 11/8/2007 12/27/2011; 76 FR Except (1), (2).
80747.
234-0270......................... Chronic Upset 10/14/1999 1/22/2003, 68 FR
Conditions. 2891.
----------------------------------------------------------------------------------------------------------------
Neutral Sulfite Semi-Chemical (NSSC) Pulp Mills
----------------------------------------------------------------------------------------------------------------
234-0300......................... Applicability...... 10/14/1999 1/22/2003, 68 FR
2891.
234-0310......................... Emission 10/14/1999 1/22/2003, 68 FR Except (1).
Limitations. 2891.
234-0320......................... More Restrictive 10/14/1999 1/22/2003, 68 FR Except (2).
Emission Limits. 2891.
234-0330......................... Plans and 10/14/1999 1/22/2003, 68 FR
Specifications. 2891.

[[Page 704]]

234-0340......................... Monitoring......... 10/14/1999 1/22/2003, 68 FR Except (2).
2891.
234-0350......................... Reporting.......... 10/14/1999 1/22/2003, 68 FR Except (1).
2891.
234-0360......................... Upset Conditions... 10/14/1999 1/22/2003, 68 FR Except (3)(a)(A).
2891.
----------------------------------------------------------------------------------------------------------------
Sulfite Pulp Mills
----------------------------------------------------------------------------------------------------------------
234-0400......................... Statement of Policy 10/14/1999 1/22/2003, 68 FR
and Applicability. 2891.
234-0410......................... Minimum Emission 10/14/1999 1/22/2003, 68 FR
Standards. 2891.
234-0420......................... Monitoring and 10/14/1999 1/22/2003, 68 FR
Reporting. 2891.
234-0430......................... Exceptions......... 10/14/1999 1/22/2003, 68 FR
2891.
----------------------------------------------------------------------------------------------------------------
Board Products Industries (Veneer, Plywood, Particleboard, Hardboard)
----------------------------------------------------------------------------------------------------------------
234-0500......................... Applicability and 11/8/2007 12/27/2011; 76 FR
General Provisions. 80747.
234-0510......................... Veneer and Plywood 11/8/2007 12/27/2011; 76 FR
Manufacturing 80747.
Operations.
234-0520......................... Particleboard 11/8/2007 12/27/2011; 76 FR
Manufacturing 80747.
Operations.
234-0530......................... Hardboard 11/8/2007 12/27/2011; 76 FR
Manufacturing 80747.
Operations.
----------------------------------------------------------------------------------------------------------------
Division 236--Emission Standards for Specific Industries
----------------------------------------------------------------------------------------------------------------
236-0010......................... Definitions........ 11/8/2007 12/27/2011, 76 FR
80747.
----------------------------------------------------------------------------------------------------------------
Primary Aluminum Standards
----------------------------------------------------------------------------------------------------------------
236-0100......................... Statement of 10/14/1999 1/22/2003, 68 FR
Purpose. 2891.
236-0110......................... Applicability...... 10/14/1999 1/22/2003, 68 FR
2891.
236-0120......................... Emission Standards. 10/14/1999 1/22/2003, 68 FR Except (1)(a),
2891. (3)(a) & (3)(e).
236-0130......................... Special Problem 10/14/1999 1/22/2003, 68 FR
Areas. 2891.
236-0140......................... Monitoring......... 10/14/1999 1/22/2003, 68 FR Except references
2891. to fluorides
236-0150......................... Reporting.......... 10/14/1999 1/22/2003, 68 FR Except (1)(d) &
2891. (1)(e).
----------------------------------------------------------------------------------------------------------------
Laterite Ore Production of Ferronickel
----------------------------------------------------------------------------------------------------------------
236-0200......................... Statement of 10/14/1999 1/22/2003, 68 FR
Purpose. 2891.
236-0210......................... Applicability...... 10/14/1999 1/22/2003, 68 FR
2891.
236-0220......................... Emission Standards. 10/14/1999 1/22/2003, 68 FR
2891.
236-0230......................... Monitoring and 10/14/1999 1/22/2003, 68 FR
Reporting. 2891.
----------------------------------------------------------------------------------------------------------------
Hot Mix Asphalt Plants
----------------------------------------------------------------------------------------------------------------
236-0400......................... Applicability...... 10/14/1999 1/22/2003, 68 FR
2891.
236-0410......................... Control Facilities 11/8/2007 12/27/2011, 76 FR
Required. 80747.
236-0420......................... Other Established 10/14/1999 1/22/2003, 68 FR
Air Quality 2891.
Limitations.
236-0430......................... Portable Hot Mix 10/14/1999 1/22/2003, 68 FR
Asphalt Plants. 2891.
236-0440......................... Ancillary Sources 10/14/1999 1/22/2003, 68 FR
of Emission-- 2891.
Housekeeping of
Plant Facilities.
----------------------------------------------------------------------------------------------------------------
Division 240--Rules for Areas with Unique Air Quality Needs
----------------------------------------------------------------------------------------------------------------
240-0010......................... Purpose............ 10/14/1999 1/22/2003, 68 FR
2891.
240-0020......................... Emission 7/1/2001 1/22/2003, 68 FR
Limitations. 2891.
240-0030......................... Definitions........ 1/4/2005 6/19/2006, 71 FR
35163.
----------------------------------------------------------------------------------------------------------------

[[Page 705]]

The Medford-Ashland Air Quality Maintenance Area and the Grants Pass Urban Growth Area
----------------------------------------------------------------------------------------------------------------
240-0100......................... Applicability...... 1/4/2005 6/19/2006, 71 FR
35163.
240-0110......................... Wood Waste Boilers. 1/4/2005 6/19/2006, 71 FR
35163.
240-0120......................... Veneer Dryer 1/4/2005 6/19/2006, 71 FR
Emission 35163.
Limitations.
240-0130......................... Air Conveying 1/4/2005 6/19/2006, 71 FR
Systems (Medford- 35163.
Ashland AQMA Only).
240-0140......................... Wood Particle 1/4/2005 6/19/2006, 71 FR
Dryers at 35163.
Particleboard
Plants.
240-0150......................... Hardboard 1/4/2005 6/19/2006, 71 FR
Manufacturing 35163.
Plants.
240-0160......................... Wigwam Waste 7/1/2001 1/22/2003, 68 FR
Burners. 2891.
240-0170......................... Charcoal Producing 7/1/2001 1/22/2003, 68 FR
Plants. 2891.
240-0180......................... Control of Fugitive 1/4/2005 6/19/2006, 71 FR
Emissions (Medford- 35163.
Ashland AQMA Only).
240-0190......................... Requirement for 1/4/2005 6/19/2006, 71 FR
Operation and 35163.
Maintenance Plans
(Medford-Ashland
AQMA Only).
240-0210......................... Continuous 1/4/2005 6/19/2006, 71 FR
Monitoring. 35163.
240-0220......................... Source Testing..... 1/4/2005 6/19/2006, 71 FR
35163.
240-0230......................... New Sources........ 1/4/2005 6/19/2006, 71 FR
35163.
240-0250......................... Open Burning....... 7/1/2001 1/22/2003, 68 FR
2891.
----------------------------------------------------------------------------------------------------------------
La Grande Urban Growth Area
----------------------------------------------------------------------------------------------------------------
240-0300......................... Applicability...... 10/14/1999 1/22/2003, 68 FR
2891.
240-0310......................... Compliance Schedule 7/1/2001 1/22/2003, 68 FR
for Existing 2891.
Sources.
240-0320......................... Wood-Waste Boilers. 7/1/2001 1/22/2003, 68 FR
2891.
240-0330......................... Wood Particle 7/1/2001 1/22/2003, 68 FR
Dryers at 2891.
Particleboard
Plants.
240-0340......................... Hardboard 7/1/2001 1/22/2003, 68 FR
Manufacturing 2891.
Plants.
240-0350......................... Air Conveying 7/1/2001 1/22/2003, 68 FR
Systems. 2891.
240-0360......................... Fugitive Emissions. 7/1/2001 1/22/2003, 68 FR
2891.
----------------------------------------------------------------------------------------------------------------
The Lakeview Urban Growth Area
----------------------------------------------------------------------------------------------------------------
240-0400......................... Applicability...... 7/1/2001 1/22/2003, 68 FR
2891.
240-0410......................... Control of Fugitive 7/1/2001 1/22/2003, 68 FR
Emissions. 2891.
240-0420......................... Requirement for 7/1/2001 1/22/2003, 68 FR
Operation and 2891.
Maintenance Plans.
240-0430......................... Source Testing..... 7/1/2001 1/22/2003, 68 FR
2891.
240-0440......................... Open Burning....... 7/1/2001 1/22/2003, 68 FR
2891.
----------------------------------------------------------------------------------------------------------------
Division 242--Rules Applicable to the Portland Area
----------------------------------------------------------------------------------------------------------------
Employee Commute Options Program
----------------------------------------------------------------------------------------------------------------
242-0010......................... What is the 4/12/2007 12/19/2011, 76 FR
Employee Commute 78571.
Options Program?
242-0020......................... Who is Subject to 4/12/2007 12/19/2011, 76 FR
ECO? 78571.
242-0030......................... What Does ECO 4/12/2007 12/19/2011, 76 FR
Require? 78571.
242-0040......................... How Does the 4/12/2007 12/19/2011, 76 FR
Department Enforce 78571.
ECO?

[[Page 706]]

242-0050......................... Definitions of 4/12/2007 12/19/2011, 76 FR
Terms Used in 78571.
These Rules.
242-0060......................... Should All 10/14/1999 1/22/2003, 68 FR
Employees at a 2891.
Work Site be
Counted?
242-0070......................... What are the Major 4/12/2007 12/19/2011, 76 FR
Requirements of 78571.
ECO?
242-0080......................... What are the 4/12/2007 12/19/2011, 76 FR
Registration 78571.
Requirements?
242-0090......................... What are the 4/12/2007 12/19/2011, 76 FR
Requirements for 78571.
an Employee
Survey?
242-0100......................... Special 10/14/1999 1/22/2003, 68 FR
Requirements for 2891.
Employers
Intending to
Comply Without an
Approved Plan.
242-0110......................... What if an Employer 4/12/2007 12/19/2011, 76 FR
Does Not Meet the 78571.
Target Auto Trip
Rate?
242-0120......................... How Will Employers 4/12/2007 12/19/2011, 76 FR
Demonstrate 78571.
Progress Toward
the Target Auto
Trip Rate?
242-0130......................... What is the 10/14/1999 1/22/2003, 68 FR
Schedule Employers 2891.
Must Follow to
Implement ECO?
242-0140......................... How Should 10/14/1999 1/22/2003, 68 FR
Employers Account 2891.
for Changes in
Work Force Size?
242-0150......................... How Can an Employer 10/14/1999 1/22/2003, 68 FR
Reduce Auto 2891.
Commute Trips to a
Work Site?
242-0160......................... What Should be 4/12/2007 12/19/2011, 76 FR
Included in an 78571.
Auto Trip
Reduction Plan?
242-0170......................... When Will the 10/14/1999 1/22/2003, 68 FR
Department Act on 2891.
a Submitted Auto
Trip Reduction
Plan?
242-0180......................... What is a Good 4/12/2007 12/19/2011, 76 FR
Faith Effort? 78571.
242-0190......................... How Does the ECO 4/12/2007 12/19/2011, 76 FR
Program Affect New 78571.
Employers,
Expanding
Employers and
Employers
Relocating Within
the Portland AQMA?
242-0200......................... Can a New or 4/12/2007 12/19/2011, 76 FR
Relocating 78571.
Employer Comply
with ECO Through
Restricted Parking
Ratios?
242-0210......................... Can an Existing 4/12/2007 12/19/2011, 76 FR
Employer Comply 78571.
with ECO Through
Restricted Parking
Ratios?
242-0220......................... What if an Employer 4/12/2007 12/19/2011, 76 FR
Has More Than One 78571.
Work Site Within
the Portland AQMA?
242-0230......................... Can Employers 10/14/1999 1/22/2003, 68 FR
Submit a Joint 2891.
Plan?
242-0240......................... Are There 4/12/2007 12/19/2011, 76 FR
Alternatives to 78571.
Trip Reduction?

[[Page 707]]

242-0250......................... What Alternatives 10/14/1999 1/22/2003, 68 FR
Qualify as 2891.
Equivalent
Emission
Reductions?
242-0260......................... Can Employers Get 4/12/2007 12/19/2011, 76 FR
Credit for 78571.
Existing Trip
Reduction
Programs?
242-0270......................... Are Exemptions 4/12/2007 12/19/2011, 76 FR
Allowed if an 78571.
Employer is Unable
to Reduce Trips or
Take Advantage of
Alternate
Compliance
Options?
242-0280......................... Participation in 4/12/2007 12/19/2011, 76 FR
the Industrial 78571.
Emission
Management Program.
242-0290......................... What Kind of 4/12/2007 12/19/2011, 76 FR
Records Must be 78571.
Kept and for How
Long?
----------------------------------------------------------------------------------------------------------------
Voluntary Maximum Parking Ratio Program
----------------------------------------------------------------------------------------------------------------
242-0300......................... What is the 10/14/1999 1/22/2003, 68 FR
Voluntary Parking 2891.
Ratio Program?
242-0310......................... Who can Participate 10/14/1999 1/22/2003, 68 FR
in the Voluntary 2891.
Parking Ratio
Program?
242-0320......................... Definitions of 10/14/1999 1/22/2003, 68 FR
Terms and Land 2891.
Uses.
242-0330......................... How Does a Property 10/14/1999 1/22/2003, 68 FR
Owner Comply with 2891.
the Voluntary
Parking Ratio
Program?
242-0340......................... What are the 10/14/1999 1/22/2003, 68 FR
Incentives for 2891.
Complying with the
Voluntary Parking
Ratio Program?
242-0350......................... Why Do I Need a 10/14/1999 1/22/2003, 68 FR
Parking Ratio 2891.
Permit?
242-0360......................... What is Required to 10/14/1999 1/22/2003, 68 FR
Obtain a Parking 2891.
Ratio Permit?
242-0370......................... How is the Parking 10/14/1999 1/22/2003, 68 FR
Ratio Program 2891.
Enforced?
242-0380......................... When Will the 10/14/1999 1/22/2003, 68 FR
Department Act on 2891.
a Submitted Permit
Application?
242-0390......................... What are the 10/14/1999 1/22/2003, 68 FR
Applicable Parking 2891.
Ratios?
----------------------------------------------------------------------------------------------------------------
Industrial Emission Management Program
----------------------------------------------------------------------------------------------------------------
242-0400......................... Applicability...... 4/12/2007 12/19/2011, 76 FR
78571.
242-0410......................... Definition of Terms 4/12/2007 12/19/2011, 76 FR
78571.
242-0420......................... Unused PSEL 4/12/2007 12/19/2011, 76 FR
Donation Program. 78571.
242-0430......................... Industrial Growth 4/12/2007 12/19/2011, 76 FR
Allowances. 78571.
242-0440......................... Industrial Growth 4/12/2007 12/19/2011, 76 FR
Allowance 78571.
Allocation.
----------------------------------------------------------------------------------------------------------------

[[Page 708]]

Gasoline Vapors From Gasoline Transfer and Dispensing Operations
----------------------------------------------------------------------------------------------------------------
242-0500......................... Purpose and 10/14/1999 1/22/2003, 68 FR
Applicability. 2891.
242-0510......................... Definitions........ 10/14/1999 1/22/2003, 68 FR
2891.
242-0520......................... General Provisions. 10/14/1999 1/22/2003, 68 FR
2891.
----------------------------------------------------------------------------------------------------------------
Motor Vehicle Refinishing
----------------------------------------------------------------------------------------------------------------
242-0600......................... Applicability...... 10/14/1999 1/22/2003, 68 FR
2891.
242-0610......................... Definitions........ 10/14/1999 1/22/2003, 68 FR
2891.
242-0620......................... Requirements for 10/14/1999 1/22/2003, 68 FR
Motor Vehicle 2891.
Refinishing in
Portland AQMA.
242-0630......................... Inspecting and 10/14/1999 1/22/2003, 68 FR
Testing 2891.
Requirements.
----------------------------------------------------------------------------------------------------------------
Spray Paint
----------------------------------------------------------------------------------------------------------------
242-0700......................... Applicability...... 10/14/1999 1/22/2003, 68 FR
2891.
242-0710......................... Definitions........ 10/14/1999 1/22/2003, 68 FR
2891.
242-0720......................... Spray Paint 10/14/1999 1/22/2003, 68 FR
Standards and 2891.
Exemptions.
242-0730......................... Requirements for 10/14/1999 1/22/2003, 68 FR
Manufacture, Sale, 2891.
and Use of Spray
Paint.
242-0740......................... Recordkeeping and 10/14/1999 1/22/2003, 68 FR
Reporting 2891.
Requirements.
242-0750......................... Inspection and 10/14/1999 1/22/2003, 68 FR
Testing 2891.
Requirements.
----------------------------------------------------------------------------------------------------------------
Area Source Common Provisions
----------------------------------------------------------------------------------------------------------------
242-0760......................... Applicability...... 10/14/1999 1/22/2003, 68 FR
2891.
242-0770......................... Compliance 10/14/1999 1/22/2003, 68 FR
Extensions. 2891.
242-0780......................... Exemption from 10/14/1999 1/22/2003, 68 FR
Disclosure to the 2891.
Public.
242-0790......................... Future Review...... 10/14/1999 1/22/2003, 68 FR
2891.
----------------------------------------------------------------------------------------------------------------
Division 250--General Conformity
----------------------------------------------------------------------------------------------------------------
250-0010......................... Purpose............ 10/14/1999 1/22/2003, 68 FR
2891.
250-0020......................... Applicability...... 10/14/1999 1/22/2003, 68 FR
2891.
250-0030......................... Definitions........ 10/14/1999 1/22/2003, 68 FR
2891.
250-0040......................... Conformity Analysis 10/14/1999 1/22/2003, 68 FR
2891.
250-0050......................... Reporting 10/14/1999 1/22/2003, 68 FR
Requirements. 2891.
250-0060......................... Public 10/14/1999 1/22/2003, 68 FR
Participation. 2891.
250-0070......................... Frequency of 10/14/1999 1/22/2003, 68 FR
Conformity 2891.
Determinations.
250-0080......................... Criteria for 10/14/1999 1/22/2003, 68 FR
Determining 2891.
Conformity of
General Federal
Actions.
250-0090......................... Procedures for 10/14/1999 1/22/2003, 68 FR
Conformity 2891.
Determinations of
General Federal
Actions.
250-0100......................... Mitigation of Air 10/14/1999 1/22/2003, 68 FR
Quality Impacts. 2891.
----------------------------------------------------------------------------------------------------------------
Division 252--Transportation Conformity
----------------------------------------------------------------------------------------------------------------
252-0010......................... Purpose............ 10/14/1999 1/22/2003, 68 FR
2891.
252-0030......................... Definitions........ 3/5/2010 10/4/2012, 77 FR
60627.
252-0060......................... Consultation....... 3/5/2010 10/4/2012, 77 FR
60627.
252-0070......................... Timeframe of 3/5/2010 10/4/2012, 77 FR Except last two
Conformity 60627. sentences.
Determinations.

[[Page 709]]

252-0230......................... Written Comments... 3/5/2010 10/4/2012, 77 FR
60627.
----------------------------------------------------------------------------------------------------------------
Division 256--Motor Vehicles
----------------------------------------------------------------------------------------------------------------
256-0010......................... Definitions........ 7/12/2005 12/19/2011, 76 FR
78571.
----------------------------------------------------------------------------------------------------------------
Visible Emissions
----------------------------------------------------------------------------------------------------------------
256-0100......................... Visible Emissions-- 7/12/2005 12/19/2011, 76 FR
General 78571.
Requirements,
Exclusions.
256-0130......................... Motor Vehicle Fleet 7/12/2005 12/19/2011, 76 FR
Operation. 78571.
----------------------------------------------------------------------------------------------------------------
Certification of Pollution Control Systems
----------------------------------------------------------------------------------------------------------------
256-0200......................... County Designations 10/14/1999 11/22/2004, 69 FR
67819.
----------------------------------------------------------------------------------------------------------------
Emission Control System Inspection
----------------------------------------------------------------------------------------------------------------
256-0300......................... Scope.............. 7/12/2005 12/19/2011, 76 FR
78571.
256-0310......................... Government-Owned 7/12/2005 12/19/2011, 76 FR
Vehicle, Permanent 78571.
Fleet Vehicle and
United States
Government Vehicle
Testing
Requirements.
256-0330......................... Department of 10/14/1999 11/22/2004, 69 FR
Defense Personnel 67819.
Participating in
the Privately
Owned Vehicle
Import Control
Program.
256-0340......................... Light Duty Motor 7/12/2005 12/19/2011, 76 FR
Vehicle and Heavy 78571.
Duty Gasoline
Motor Vehicle
Emission Control
Test Method for
Basic Program.
256-0350......................... Light Duty Motor 7/12/2005 12/19/2011, 76 FR
Vehicle Emission 78571.
Control Test
Method for
Enhanced Program.
256-0355......................... Emissions Control 10/25/2000 11/22/2004, 69 FR
Test Method for 67819.
OBD Test Program.
256-0356......................... Emissions Control 10/4/2001 11/22/2004, 69 FR
Test Method for On- 67819.
Site Vehicle
Testing for
Automobile
Dealerships.
256-0370......................... Renewal of 10/14/1999 11/22/2004, 69 FR
Registration for 67819.
Light Duty Motor
Vehicles and Heavy
Duty Gasoline
Motor Vehicles
Temporarily
Operating Outside
of Oregon.
256-0380......................... Light Duty Motor 7/12/2005 12/19/2011, 76 FR
Vehicle Emission 78571.
Control Test
Criteria for Basic
Program.
256-0390......................... Heavy Duty Gasoline 7/12/2005 12/19/2011, 76 FR
Motor Vehicle 78571.
Emission Control
Test Criteria.

[[Page 710]]

256-0400......................... Light Duty Motor 10/14/1999 11/22/2004, 69 FR
Vehicle Emission 67819.
Control Standards
for Basic Program.
256-0410......................... Light Duty Motor 10/14/1999 11/22/2004, 69 FR
Vehicle Emission 67819.
Control Standards
for Enhanced
Program.
256-0420......................... Heavy-Duty Gasoline 10/14/1999 11/22/2004, 69 FR
Motor Vehicle 67819.
Emission Control
Standards.
256-0440......................... Criteria for 10/25/2000 11/22/2004, 69 FR
Qualifications of 67819.
Persons Eligible
to Inspect Motor
Vehicles and Motor
Vehicle Pollution
Control Systems
and Execute
Certificates.
256-0450......................... Gas Analytical 10/14/1999 11/22/2004, 69 FR
System Licensing 67819.
Criteria for Basic
Program.
256-0460......................... Gas Analytical 10/14/1999 11/22/2004, 69 FR
System Licensing 67819.
Criteria for
Enhanced Program.
256-0465......................... Test Equipment 10/25/2000 11/22/2004, 69 FR
Licensing Criteria 67819.
for OBD Test
Program.
256-0470......................... Agreement with 10/14/1999 11/22/2004, 69 FR
Independent 67819.
Contractor;
Qualifications of
Contractor;
Agreement
Provisions.
----------------------------------------------------------------------------------------------------------------
Division 258--Motor Vehicle Fuel Specifications
----------------------------------------------------------------------------------------------------------------
258-0010......................... Definitions........ 10/14/1999 1/22/2003, 68 FR
2891.
----------------------------------------------------------------------------------------------------------------
Oxygenated Gasoline
----------------------------------------------------------------------------------------------------------------
258-0100......................... Policy............. 10/14/1999 1/22/2003, 68 FR
2891.
258-0110......................... Purpose and General 10/14/1999 1/22/2003, 68 FR
Requirements. 2891.
258-0120......................... Sampling and 10/14/1999 1/22/2003, 68 FR
Testing for Oxygen 2891.
Content.
258-0130......................... Compliance Options. 10/14/1999 1/22/2003, 68 FR
2891.
258-0140......................... Per Gallon Oxygen 10/14/1999 1/22/2003, 68 FR
Content Standard. 2891.
258-0150......................... Average Oxygen 10/14/1999 1/22/2003, 68 FR
Content Standard. 2891.
258-0160......................... Minimum Oxygen 10/14/1999 1/22/2003, 68 FR
Content. 2891.
258-0170......................... Oxygenated Gasoline 10/14/1999 1/22/2003, 68 FR
Blending. 2891.
258-0180......................... Registration....... 10/14/1999 1/22/2003, 68 FR
2891.
258-0190......................... CAR, Distributor 10/14/1999 1/22/2003, 68 FR
and Retail Outlet 2891.
Operating Permits.
258-0200......................... Owners of Gasoline 10/14/1999 1/22/2003, 68 FR
at Terminals, 2891.
Distributors and
Retail Outlets
Required to Have
Indirect Source
Operating Permits.
258-0210......................... Recordkeeping...... 10/14/1999 1/22/2003, 68 FR
2891.
258-0220......................... Reporting.......... 10/14/1999 1/22/2003, 68 FR
2891.
258-0230......................... Prohibited 10/14/1999 1/22/2003, 68 FR
Activities. 2891.
258-0240......................... Inspection and 10/14/1999 1/22/2003, 68 FR
Sampling. 2891.
258-0250......................... Liability for 10/14/1999 1/22/2003, 68 FR
Violation of a 2891.
Prohibited
Activity.

[[Page 711]]

258-0260......................... Defenses for 10/14/1999 1/22/2003, 68 FR
Prohibited 2891.
Activities.
258-0270......................... Inability to 10/14/1999 1/22/2003, 68 FR
Produce Conforming 2891.
Gasoline Due to
Extraordinary
Circumstances.
258-0280......................... Quality Assurance 10/14/1999 1/22/2003, 68 FR
Program. 2891.
258-0290......................... Attest Engagements 10/14/1999 1/22/2003, 68 FR
Guidelines When 2891.
Prohibited
Activities Alleged.
258-0300......................... Dispenser Labeling. 10/14/1999 1/22/2003, 68 FR
2891.
258-0310......................... Contingency 10/14/1999 1/22/2003, 68 FR
Provision for 2891.
Carbon Monoxide
Nonattainment
Areas.
----------------------------------------------------------------------------------------------------------------
Standard for Automotive Gasoline
----------------------------------------------------------------------------------------------------------------
258-0400......................... Reid Vapor Pressure 10/14/1999 1/22/2003, 68 FR
for Gasoline. 2891.
----------------------------------------------------------------------------------------------------------------
Division 262--Heat Smart Program for Residential Woodstoves and Other Solid Fuel Heating Devices
----------------------------------------------------------------------------------------------------------------
262-0400......................... Purpose and 3/15/2011 6/20/2013, 78 FR
Applicability of 37124.
Rules.
262-0450......................... Definitions........ 5/17/2012 6/20/2013, 78 FR
37124.
262-0500......................... Certification of 3/15/2011 6/20/2013, 78 FR
Solid Fuel Burning 37124.
Devices for Sale
as New.
262-0600......................... New and Used Solid 5/17/2012 6/20/2013, 78 FR
Fuel Burning 37124.
Devices Sold in
Oregon.
262-0700......................... Removal and 3/15/2011 6/20/2013, 78 FR
Destruction of 37124.
Used Solid Fuel
Burning Devices.
262-0800......................... Wood Burning and 3/15/2011 6/20/2013, 78 FR
Other Heating 37124.
Devices
Curtailment
Program.
262-0900......................... Materials 3/15/2011 6/20/2013, 78 FR
Prohibited from 37124.
Burning.
----------------------------------------------------------------------------------------------------------------
Division 264--Rules for Open Burning
----------------------------------------------------------------------------------------------------------------
264-0010......................... How to Use These 12/15/2000 4/25/2013, 78 FR
Open Burning Rules. 24347.
264-0020......................... Policy............. 12/15/2000 4/25/2013, 78 FR
24347.
264-0030......................... Definitions........ 12/15/2000 4/25/2013, 78 FR
24347.
264-0040......................... Exemptions, 9/17/2008 12/27/2011, 76 FR
Statewide. 80747.
264-0050......................... General 12/15/2000 4/25/2013, 78 FR
Requirements 24347.
Statewide.
264-0060......................... General 12/15/2000 4/25/2013, 78 FR
Prohibitions 24347.
Statewide.
264-0070......................... Open Burning 12/15/2000 4/25/2013, 78 FR
Conditions. 24347.
264-0075......................... Delegation of 12/15/2000 4/25/2013, 78 FR
Authority. 24347.
264-0078......................... Open Burning 12/15/2000 4/25/2013, 78 FR
Control Areas. 24347.
264-0080......................... County Listing of 12/15/2000 4/25/2013, 78 FR
Specific Open 24347.
Burning Rules.
----------------------------------------------------------------------------------------------------------------

[[Page 712]]

Open Burning Requirements
----------------------------------------------------------------------------------------------------------------
264-0100......................... Baker, Clatsop, 12/15/2000 4/25/2013, 78 FR
Crook, Curry, 24347.
Deschutes,
Gilliam, Grant,
Harney, Hood
River, Jefferson,
Klamath, Lake,
Lincoln, Malheur,
Morrow, Sherman,
Tillamook,
Umatilla, Union,
Wallowa, Wasco and
Wheeler Counties.
264-0110......................... Benton, Linn, 12/15/2000 4/25/2013, 78 FR
Marion, Polk, and 24347.
Yamhill Counties.
264-0120......................... Clackamas County... 12/15/2000 4/25/2013, 78 FR
24347.
264-0130......................... Multnomah County... 12/15/2000 4/25/2013, 78 FR
24347.
264-0140......................... Washington County.. 12/15/2000 4/25/2013, 78 FR
24347.
264-0150......................... Columbia County.... 12/15/2000 4/25/2013, 78 FR
24347.
264-0160......................... Lane County........ 12/15/2000 4/25/2013, 78 FR
24347.
264-0170......................... Coos, Douglas, 12/15/2000 4/25/2013, 78 FR
Jackson and 24347.
Josephine Counties.
264-0180......................... Letter Permits..... 12/15/2000 4/25/2013, 78 FR
24347.
264-0190......................... Forced Air Pit 12/15/2000 4/25/2013, 78 FR
Incinerators. 24347.
----------------------------------------------------------------------------------------------------------------
Division 266--Field Burning Rules (Willamette Valley)
----------------------------------------------------------------------------------------------------------------
266-0010......................... Introduction....... 10/14/1999 1/22/2003, 68 FR
2891.
266-0020......................... Policy............. 10/14/1999 1/22/2003, 68 FR
2891.
266-0030......................... Definitions........ 10/14/1999 1/22/2003, 68 FR
2891.
266-0040......................... General 10/14/1999 1/22/2003, 68 FR
Requirements. 2891.
266-0050......................... Registration, 10/14/1999 1/22/2003, 68 FR
Permits, Fees, 2891.
Records.
266-0060......................... Acreage 10/14/1999 1/22/2003, 68 FR
Limitations, 2891.
Allocations.
266-0070......................... Daily Burning 10/14/1999 1/22/2003, 68 FR
Authorization 2891.
Criteria.
266-0080......................... Burning by Public 10/14/1999 1/22/2003, 68 FR
Agencies (Training 2891.
Fires).
266-0090......................... Preparatory Burning 10/14/1999 1/22/2003, 68 FR
2891.
266-0100......................... Experimental 10/14/1999 1/22/2003, 68 FR
Burning. 2891.
266-0110......................... Emergency Burning 10/14/1999 1/22/2003, 68 FR
Cessation. 2891.
266-0120......................... Propane Flaming.... 10/14/1999 1/22/2003, 68 FR
2891.
266-0130......................... Stack Burning...... 10/14/1999 1/22/2003, 68 FR
2891.
----------------------------------------------------------------------------------------------------------------
Division 268--Emission Reduction Credits
----------------------------------------------------------------------------------------------------------------
268-0010......................... Applicability...... 7/1/2001 1/22/2003, 68 FR
2891.
268-0020......................... Definitions........ 10/14/1999 1/22/2003, 68 FR
2891.
268-0030......................... Emission Reduction 7/1/2001 1/22/2003, 68 FR
Credits. 2891.
----------------------------------------------------------------------------------------------------------------
OREGON DEPARTMENT OF FORESTRY--CHAPTER 629
----------------------------------------------------------------------------------------------------------------
629-24-301....................... Maintenance of 8/1/1987 11/1/2001, 66 FR Statewide
Productivity and 55105. Visibility Plan.
Related Values.
629-43-043....................... Smoke Management 4/13/1987 11/1/2001, 66 FR Statewide
Plan. 55105. Visibility Plan.
----------------------------------------------------------------------------------------------------------------

[[Page 713]]

DEPARTMENT OF OREGON STATE POLICE
OFFICE OF STATE FIRE MARSHALL--CHAPTER 837
----------------------------------------------------------------------------------------------------------------
Division 110--Field Burning and Propaning Rules
----------------------------------------------------------------------------------------------------------------
837-110-0010..................... Field Preparation.. 2/7/1994 11/1/2001, 66 FR Statewide
55105. Visibility Plan.
837-110-0020..................... Firefighting Water 2/7/1994 11/1/2001, 66 FR Statewide
Supplies. 55105. Visibility Plan.
837-110-0030..................... Firefighting 2/7/1994 11/1/2001, 66 FR Statewide
Equipment. 55105. Visibility Plan.
837-110-0040..................... Ignition Criteria.. 2/7/1994 11/1/2001, 66 FR Statewide
55105. Visibility Plan.
837-110-0050..................... Prohibited Use..... 2/7/1989 11/1/2001, 66 FR Statewide
55105. Visibility Plan.
837-110-0060..................... Communication...... 2/7/1989 11/1/2001, 66 FR Statewide
55105. Visibility Plan.
837-110-0070..................... Fire Safety Watch.. 2/7/1994 11/1/2001, 66 FR Statewide
55105. Visibility Plan.
837-110-0080..................... Fire Safety Buffer 2/7/1994 11/1/2001, 66 FR Statewide
Zones. 55105. Visibility Plan.
837-110-0090..................... Ban on Burning..... 2/7/1994 11/1/2001, 66 FR Statewide
55105. Visibility Plan.
----------------------------------------------------------------------------------------------------------------
Propaning
----------------------------------------------------------------------------------------------------------------
837-110-0110..................... Field Preparation.. 2/7/1994 11/1/2001, 66 FR Statewide
55105. Visibility Plan.
837-110-0120..................... Firefighting Water 2/7/1994 11/1/2001, 66 FR Statewide
Supplies. 55105. Visibility Plan.
837-110-0130..................... Firefighting 2/7/1994 11/1/2001, 66 FR Statewide
Equipment. 55105. Visibility Plan.
837-110-0140..................... Communication...... 2/7/1989 11/1/2001, 66 FR Statewide
55105. Visibility Plan.
837-110-0150..................... Fire Safety Watch.. 2/7/1994 11/1/2001, 66 FR Statewide
55105. Visibility Plan.
837-110-0160..................... Ban on Burning..... 8/11/1993 11/1/2001, 66 FR Statewide
55105. Visibility Plan.
----------------------------------------------------------------------------------------------------------------

Table 3--EPA Approved City and County Ordinances
----------------------------------------------------------------------------------------------------------------
Agency and ordinance Title or subject Date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
City of Grants Pass Ordinance Bans Open Burning..... 7/18/1990........ 12/17/1993, 58 FR Grants Pass PM-10
No. 4671. 65934. Attainment Plan.
City of Eugene Ordinance No. An Ordinance 11/5/1990........ 8/24/1994, 59 FR Eugene-
19731. Restricting the Use 43483. Springfield PM-
of Solid Fuel Space 10 Attainment
Heating Devices Plan.
During Air Pollution
Episodes.
Lane County Ordinance No. 9-90. Restricts Use of Solid 12/19/1990....... 8/24/1994, 59 FR Eugene-
Fuel Space Heating 43483. Springfield PM-
Devices During Air 10 Attainment
Pollution Episodes. Plan.
City of Springfield Ordinance Restricts Use of Solid 12/17/1990....... 8/24/1994, 59 FR Eugene-
No. 5546. Fuel Space Heating 43483. Springfield PM-
Devices During Air 10 Attainment
Pollution Episodes. Plan.
Union County Ordinance 1991-6.. Field Burning Smoke 6/5/1991......... 2/15/1995, 60 FR La Grande PM-10
Management Program. 8563. Attainment Plan.
Klamath County Clean Air Adopts a Mandatory Air 7/31/1991........ 4/14/1997, 62 FR Klamath Falls PM-
Ordinance 63. Quality Program and 18047. 10 Attainment
Establishes Plan.
Boundaries and
Enforcement Controls.
City of Klamath Falls Ordinance An Ordinance 9/16/1991........ 4/14/1997, 62 FR Klamath Falls PM-
6630. Consenting to the 18047. 10 Attainment
Application of the Plan.
Klamath County Air
Quality Program
Ordinance Within City
Limits.
City of Oakridge Ordinance 815. Restricts Use of Solid 8/15/96.......... 3/15/1999, 64 FR Oakridge PM-10
Fuel Space Heating 12751. Attainment Plan.
Devices During Air
Pollution Episodes.
Town of Lakeview Resolution No. Establishes a Lakeview 2/28/1994........ 9/21/1999, 64 FR Lakeview PM-10
402. Air Quality 51051. Attainment Plan.
Improvement Program.

[[Page 714]]

Lake County Commissioners Establishment of a 3/15/1995........ 9/21/1999, 64 FR Lakeview PM-10
Resolution. Lakeview Urban Growth 51051. Attainment Plan.
Boundary Air Quality
Improvement Program.
Town of Lakeview Ordinance No. Prohibits Use of Solid 2/28/1995........ 9/21/1999, 64 FR Lakeview PM-10
748. Fuel Burning Devices, 51051. Attainment Plan.
Provides Certain
Exemptions and
Establishes
Enforcement Controls.
Town of Lakeview Ordinance No. Prohibits Waste 2/28/1995........ 9/21/1999, 64 FR Lakeview PM-10
749. Burning; Restricts 51051. Attainment Plan.
Open Burning, Repeals
Ordinance No. 581.
Lake County Ordinance No. 29... Prohibits Use of Solid 3/15/1995........ 9/21/1999, 64 FR Lakeview PM-10
Fuel Burning Devices, 51051. Attainment Plan.
Provides Certain
Exemptions and
Establishes
Enforcement Controls.
Lake County Ordinance No. 30... Prohibits Waste 3/15/1995........ 9/21/1999, 64 FR Lakeview PM-10
Burning and Restricts 51051. Attainment Plan.
Open Burning.
Medford Ordinance No. 6484..... Woodstove Curtailment. 11/17/1989....... 7/24/2002, 67 FR Medford Carbon
48388. Monoxide (CO)
Maintenance
Plan.
Union County Ordinance No. 1992- Management and Control 7/1/1992......... 11/1/2001, 66 FR Statewide
4. of Field Burning. 55105. Visibility Plan.
Jefferson County Ordinance No. Management and Control 5/31/1989........ 11/1/2001, 66 FR Statewide
0-58-89. of Field Burning. 55105. Visibility Plan.
Codified Ordinances of Jackson Definitions........... 5/2/1990......... 6/19/2006, 71 FR Medford-Ashland
County 1810.01. 35163. PM-10 Attainment
Plan.
Codified Ordinances of Jackson Exceptions to chapter. 8/22/2001........ 6/19/2006, 71 FR Medford-Ashland
County 1810.02. 35163. PM-10 Attainment
Plan.
Codified Ordinances of Jackson Requirements for solid 12/20/1989....... 6/19/2006, 71 FR Medford-Ashland
County 1810.03. fuel heating device 35163. PM-10 Attainment
installation. Plan.
Codified Ordinances of Jackson Solid fuel burning 5/2/1990......... 6/19/2006, 71 FR Medford-Ashland
County 1810.04. device omission 35163. PM-10 Attainment
standard. Plan.
Codified Ordinances of Jackson Restriction of 5/2/1990......... 6/19/2006, 71 FR Medford-Ashland
County 1810.05. woodburning and 35163. PM-10 Attainment
emissions on high Plan.
pollution days.
Codified Ordinances of Jackson Trackout.............. 12/4/1985........ 6/19/2006, 71 FR Medford-Ashland
County 1810.06. 35163. PM-10 Attainment
Plan.
Codified Ordinances of Jackson Open burning.......... 8/22/2001........ 6/19/2006, 71 FR Medford-Ashland
County 1810.07. 35163. PM-10 Attainment
Plan.
Codified Ordinances of Jackson Burning of material 12/20/1989....... 6/19/2006, 71 FR Medford-Ashland
County 1810.08. emitting dense smoke 35163. PM-10 Attainment
or noxious odors in Plan.
solid fuel burning
devices.
Codified Ordinances of Jackson [Map 1]............... 5/2/1990......... 6/19/2006, 71 FR Medford-Ashland
County Exhibit A. 35163. PM-10 Attainment
Plan.
Codified Ordinances of Jackson Proposed Curtailment 5/2/1990......... 6/19/2006, 71 FR Medford-Ashland
County Exhibit B. Boundary Jackson 35163. PM-10 Attainment
County. Plan.
Codified Ordinances of Jackson [Map 2]............... 5/2/1990......... 6/19/2006, 71 FR Medford-Ashland
County Exhibit C. 35163. PM-10 Attainment
Plan.
Codified Ordinances of Jackson Boundary Description 5/2/1990......... 6/19/2006, 71 FR Medford-Ashland
County Exhibit D. Medford-Ashland Air 35163. PM-10 Attainment
Quality Maintenance Plan.
Area.
Code of the City of Medford, Outside Burning....... 3/16/2000........ 6/19/2006, 71 FR Medford-Ashland
Oregon: 5.550. 35163. PM-10 Attainment
Plan.
Code of the City of Medford, Definitions........... 9/17/1998........ 6/19/2006, 71 FR Medford-Ashland
Oregon: 7.220. 35163. PM-10 Attainment
Plan.
Code of the City of Medford, Operation of Solid 9/17/1998........ 6/19/2006, 71 FR Medford-Ashland
Oregon: 7.222. Fuel Burning Device 35163. PM-10 Attainment
Prohibition. Plan.

[[Page 715]]

Code of the City of Medford, Exemptions............ 9/17/1998........ 6/19/2006, 71 FR Medford-Ashland
Oregon: 7.224. 35163. PM-10 Attainment
Plan.
Code of the City of Medford, Installation of Solid- 8/2/1990......... 6/19/2006, 71 FR Medford-Ashland
Oregon: 7.240. Fuel Heating Devices. 35163. PM-10 Attainment
Plan.
Code of the City of Medford, Prohibited Materials.. 9/17/1998........ 6/19/2006, 71 FR Medford-Ashland
Oregon: 7.242. 35163. PM-10 Attainment
Plan.
City of Central Point Municipal Definitions........... 1998............. 6/19/2006, 71 FR Medford-Ashland
Code: 8.01.010. 35163. PM-10 Attainment
Plan.
City of Central Point Municipal Requirements for solid 1998............. 6/19/2006, 71 FR Medford-Ashland
Code: 8.01.012. fuel burning device 35163. PM-10 Attainment
installation. Plan.
City of Central Point Municipal Solid fuel burning 1998............. 6/19/2006, 71 FR Medford-Ashland
Code: 8.01.014. device emission 35163. PM-10 Attainment
standard. Plan.
City of Central Point Municipal Operation of solid 1998............. 6/19/2006, 71 FR Medford-Ashland
Code: 8.01.020. fuel device 35163. PM-10 Attainment
prohibition. Plan.
City of Central Point Municipal Exemptions............ 1998............. 6/19/2006, 71 FR Medford-Ashland
Code: 8.01.030. 35163. PM-10 Attainment
Plan.
City of Central Point Municipal Prohibited materials.. 1998............. 6/19/2006, 71 FR Medford-Ashland
Code: 8.01.032. 35163. PM-10 Attainment
Plan.
City of Central Point Municipal Penalty and abatement. 1979............. 6/19/2006, 71 FR Medford-Ashland
Code: 8.04.040 H.. 35163. PM-10 Attainment
Plan.
City of Central Point Municipal Trackout prohibited... 1994............. 6/19/2006, 71 FR Medford-Ashland
Code: 8.04.095. 35163. PM-10 Attainment
Plan.
City of Ashland Municipal Code: Definitions........... 1998............. 6/19/2006, 71 FR Medford-Ashland
10.30.005. 35163. PM-10 Attainment
Plan.
City of Ashland Municipal Code: Outdoor and Indoor 1998............. 6/19/2006, 71 FR Medford-Ashland
10.30.010. Burning Restricted. 35163. PM-10 Attainment
Plan.
City of Ashland Municipal Code: Period When Outdoor 2000............. 6/19/2006, 71 FR Medford-Ashland
10.30.020. Burning is Authorized. 35163. PM-10 Attainment
Plan.
City of Ashland Municipal Code: Requirements for 1993............. 6/19/2006, 71 FR Medford-Ashland
10.30.030. Permitted Fires. 35163. PM-10 Attainment
Plan.
City of Ashland Municipal Code: Permits Required...... 1993............. 6/19/2006, 71 FR Medford-Ashland
10.30.040. 35163. PM-10 Attainment
Plan.
City of Ashland Municipal Code: Definitions........... 1998............. 6/19/2006, 71 FR Medford-Ashland
9.24.010. 35163. PM-10 Attainment
Plan.
City of Ashland Municipal Code: Requirements for Solid 1998............. 6/19/2006, 71 FR Medford-Ashland
9.24.020. Fuel Heating Device 35163. PM-10 Attainment
Installation. Plan.
City of Ashland Municipal Code: Solid Fuel Burning 1998............. 6/19/2006, 71 FR Medford-Ashland
9.24.030. Device Emission 35163. PM-10 Attainment
Standard. Plan.
City of Ashland Municipal Code: Restriction of 1998............. 6/19/2006, 71 FR Medford-Ashland
9.24.040. Woodburning an 35163. PM-10 Attainment
Emissions on High Plan.
Pollution Days.
City of Ashland Municipal Code: Prohibited Materials.. 1998............. 6/19/2006, 71 FR Medford-Ashland
9.24.050. 35163. PM-10 Attainment
Plan.
City of Talent Ordinance 565. city of Talent 35163. PM-10 Attainment
adopting a uniform Plan.
fire code.
City of Talent Ordinance 98-635-0. regulating the use of 35163. PM-10 Attainment
solid fuel burning Plan.
devices within the
city of Talent,
Oregon.

[[Page 716]]

City of Phoenix code: 8.16.050. Burn days............. 1982............. 6/19/2006, 71 FR Medford-Ashland
35163. PM-10 Attainment
Plan.
City of Phoenix code: 8.16.090. Prohibited materials.. 1982............. 6/19/2006, 71 FR Medford-Ashland
35163. PM-10 Attainment
Plan.
City of Phoenix code: 8.20.010. Definitions........... 1998............. 6/19/2006, 71 FR Medford-Ashland
35163. PM-10 Attainment
Plan.
City of Phoenix code: 8.20.020. Requirements for solid 1998............. 6/19/2006, 71 FR Medford-Ashland
fuel heating device 35163. PM-10 Attainment
installation. Plan.
City of Phoenix code: 8.20.030. Solid fuel burning 1998............. 6/19/2006, 71 FR Medford-Ashland
device emission 35163. PM-10 Attainment
standard. Plan.
City of Phoenix code: 8.20.040. Restriction of 1998............. 6/19/2006, 71 FR Medford-Ashland
woodburning and 35163. PM-10 Attainment
emissions on high Plan.
pollution days.
City of Phoenix code: 8.20.050. Prohibited materials.. 1998............. 6/19/2006, 71 FR Medford-Ashland
35163. PM-10 Attainment
Plan.
City of Jacksonville code: An ordinance amending 4/21/1992........ 6/19/2006, 71 FR Medford-Ashland
Ordinance 375. chapter 8.08.100 of 35163. PM-10 Attainment
the Jacksonville Plan.
Municipal Code.
City of Jacksonville Code Woodheating........... February 1992.... 6/19/2006, 71 FR Medford-Ashland
Chapter 8.10. 35163. PM-10 Attainment
Plan.
City of Eagle Point Code: Outside burning of 2000............. 6/19/2006, 71 FR Medford-Ashland
8.08.160. refuse or rubbish. 35163. PM-10 Attainment
Plan.
City of Eagle Point Code: Open burning 1990............. 6/19/2006, 71 FR Medford-Ashland
8.08.170. restricted. 35163. PM-10 Attainment
Plan.
City of Eagle Point Code: Purposes for open 1990............. 6/19/2006, 71 FR Medford-Ashland
8.08.180. burning permit. 35163. PM-10 Attainment
Plan.
City of Eagle Point Code: Times when open 1990............. 6/19/2006, 71 FR Medford-Ashland
8.08.190. burning fire allowed. 35163. PM-10 Attainment
Plan.
City of Eagle Point Code: Public nuisance....... 1990............. 6/19/2006, 71 FR Medford-Ashland
8.08.200. 35163. PM-10 Attainment
Plan.
----------------------------------------------------------------------------------------------------------------

Table 4--EPA Approved Lane Regional Air Protection Agency (LRAPA) Rules for Oregon
----------------------------------------------------------------------------------------------------------------
State effective
LRAPA citation Title/subject date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
Title 11--Policy and General Provisions
----------------------------------------------------------------------------------------------------------------
11-005.......................... Policy............ 10/9/1979......... 9/9/1993, 58 FR
47385.
11-010.......................... Construction and 10/9/1979......... 9/9/1993, 58 FR
Validity. 47385.
----------------------------------------------------------------------------------------------------------------
Title 12--Definitions
----------------------------------------------------------------------------------------------------------------
12-001.......................... Definitions of 3/8/1994.......... 8/3/2001, 66 FR
Words and Terms 40616.
Used in LRAPA
Rules and
Regulations.
----------------------------------------------------------------------------------------------------------------
Title 16--Home Wood Heating Curtailment Program Enforcement
----------------------------------------------------------------------------------------------------------------
16-001.......................... Purpose........... 7/13/1993......... 8/24/1994, 59 FR
43483.
16-010.......................... Definitions....... 7/13/1993......... 8/24/1994, 59 FR
43483.
16-100.......................... Civil Penalty 7/13/1993......... 8/24/1994, 59 FR
Schedule. 43483.
16-110.......................... Classification of 7/13/1993......... 8/24/1994, 59 FR
Violations. 43483.

[[Page 717]]

16-120.......................... Notice of 7/13/1993......... 8/24/1994, 59 FR
Violation. 43483.
16-130.......................... Appeal of Civil 7/13/1993......... 8/24/1994, 59 FR
Penalty. 43483.
16-140.......................... Conducting 7/13/1993......... 8/24/1994, 59 FR
Contested Case 43483.
Evidentiary
Hearings.
16-150.......................... Evidentiary Rules. 7/13/1993......... 8/24/1994, 59 FR
43483.
16-160.......................... Final Orders...... 7/13/1993......... 8/24/1994, 59 FR
43483.
16-170.......................... Default Orders.... 7/13/1993......... 8/24/1994, 59 FR
43483.
----------------------------------------------------------------------------------------------------------------
Title 29--Incinerator Regulations
----------------------------------------------------------------------------------------------------------------
29-0010......................... Definitions....... 9/26/2011......... 4/11/2013, 78 FR Except 1-5, and 7
21547. through 14.
29-0030......................... Designation of 9/26/2011......... 4/11/2013, 78 FR
Nonattainment 21547.
Areas.
29-0040......................... Designation of 9/26/2011......... 4/11/2013, 78 FR
Maintenance Areas. 21547.
----------------------------------------------------------------------------------------------------------------
Title 30--Incinerator Regulations
----------------------------------------------------------------------------------------------------------------
30-005.......................... Purpose and 3/8/1994.......... 8/3/2001, 66 FR
Applicability. 40616.
30-010.......................... Definitions....... 3/8/1994.......... 8/3/2001, 66 FR
40616.
30-015.......................... Best Available 3/8/1994.......... 8/3/2001, 66 FR
Control 40616.
Technology for
Solid and
Infectious Waste
Incinerators.
30-020.......................... Emission 3/8/1994.......... 8/3/2001, 66 FR Except (2) & (8).
Limitations for 40616.
Solid and
Infectious Waste
Incinerators.
30-025.......................... Design and 3/8/1994.......... 8/3/2001, 66 FR Except (9).
Operation for 40616.
Solid and
Infectious Waste
Incinerators.
30-030.......................... Continuous 3/8/1994.......... 8/3/2001, 66 FR Except (1)(I) &
Emission 40616. (2)(E).
Monitoring for
Solid and
Infectious Waste
Incinerators.
30-035.......................... Reporting and 3/8/1994.......... 8/3/2001, 66 FR
Testing for Solid 40616.
and Infectious
Waste
Incinerators.
30-040.......................... Compliance for 3/8/1994.......... 8/3/2001, 66 FR
Solid and 40616.
Infectious Waste
Incinerators.
30-045.......................... Emission 3/8/1994.......... 8/3/2001, 66 FR Except for (3).
Limitations of 40616.
Crematory
Incinerators.
30-050.......................... Design and 3/8/1994.......... 8/3/2001, 66 FR
Operation of 40616.
Crematory
Incinerators.
30-055.......................... Monitoring and 3/8/1994.......... 8/3/2001, 66 FR
Reporting for 40616.
Crematory
Incinerators.
30-060.......................... Compliance of 3/8/1994.......... 8/3/2001, 66 FR
Crematory 40616.
Incinerators.
----------------------------------------------------------------------------------------------------------------
Title 32--Emission Standards
----------------------------------------------------------------------------------------------------------------
32-001.......................... Definitions....... 11/10/1994........ 8/3/2001, 66 FR
40616.
32-005.......................... Highest and Best 11/10/1994........ 8/3/2001, 66 FR
Practicable 40616.
Treatment and
Control Required.
32-006.......................... Pollution 11/10/1994........ 8/3/2001, 66 FR
Prevention. 40616.
32-007.......................... Operating and 11/10/1994........ 8/3/2001, 66 FR
Maintenance 40616.
Requirements.

[[Page 718]]

32-008.......................... Typically 11/10/1994........ 8/3/2001, 66 FR
Achievable 40616.
Control
Technology (TACT).
32-009.......................... Additional Control 11/10/1994........ 8/3/2001, 66 FR
Requirements for 40616.
Stationary
Sources of Air
Contaminants.
32-010.......................... Visible Air 11/10/1994........ 8/3/2001, 66 FR
Contaminant 40616.
Limitations.
32-015.......................... Particulate Matter 11/10/1994........ 8/3/2001, 66 FR
Weight Standards. 40616.
32-020.......................... Particulate Matter 11/10/1994........ 8/3/2001, 66 FR
Weight Standards-- 40616.
Existing
Combustion
Sources.
32-030.......................... Particulate Matter 11/10/1994........ 8/3/2001, 66 FR
Weight Standards-- 40616.
New Combustion
Sources.
32-045.......................... Process Weight 11/10/1994........ 8/3/2001, 66 FR
Emission 40616.
Limitations.
32-055.......................... Particulate Matter 11/10/1994........ 8/3/2001, 66 FR
Size Standard. 40616.
32-060.......................... Air Conveying 9/26/2011......... 4/11/2013, 78 FR
Systems. 21547.
32-065.......................... Sulfur Content of 9/26/2011......... 4/11/2013, 78 FR Except paragraphs
Fuels. 21547. 1 and 2.
32-070.......................... Sulfur Dioxide 11/10/1994........ 8/3/2001, 66 FR
Emission 40616.
Limitations.
32-090.......................... Other Emissions... 11/10/1994........ 8/3/2001, 66 FR
40616.
Table 1......................... Table of Allowable 11/10/1994........ 8/3/2001, 66 FR
Rate of 40616.
Particulate
Emissions--Based
on Process Weight.
----------------------------------------------------------------------------------------------------------------
Title 33--Prohibited Practices and Control of Special Classes of Industry
----------------------------------------------------------------------------------------------------------------
33-030.......................... Concealment and 11/10/1994........ 8/3/2001, 66 FR
Masking of 40616.
Emissions.
33-045.......................... Gasoline Tanks.... 11/10/1994........ 8/3/2001, 66 FR
40616.
33-060.......................... Board Products 11/10/1994........ 8/3/2001, 66 FR
Industries 40616.
(Hardwood,
Particleboard,
Plywood, Veneer).
33-065.......................... Charcoal Producing 11/10/1994........ 8/3/2001, 66 FR
Plants. 40616.
33-070.......................... Kraft Pulp Mills.. 11/10/1994........ 8/3/2001, 66 FR Except for
40616. (1)Definitions
for Non-
Condensibles,
Other Sources,
and TRS; (3)(A),
(6)(B), (7)(A),
(7)(B),
(8)(C)(1)(a), &
(8)(C)(2)(a).
33-075.......................... Hot Mix Asphalt 11/10/1994........ 8/3/2001, 66 FR
Plants. 40616.
----------------------------------------------------------------------------------------------------------------
Title 34--Stationary Source Rules and Permitting Procedures
----------------------------------------------------------------------------------------------------------------
34-001.......................... General Policy and 6/13/2000......... 8/3/2001, 66 FR
Rule Organization. 40616.
34-005.......................... Definitions....... 6/13/2000......... 8/3/2001, 66 FR
40616.
----------------------------------------------------------------------------------------------------------------
Rules Applicable to All Stationary Sources
----------------------------------------------------------------------------------------------------------------
34-010.......................... Applicability..... 6/13/2000......... 8/3/2001, 66 FR
40616.
34-015.......................... Request for 6/13/2000......... 8/3/2001, 66 FR
Information. 40616.
34-020.......................... Information Exempt 6/13/2000......... 8/3/2001, 66 FR
from Disclosure. 40616.
34-030.......................... Source 6/13/2000......... 8/3/2001, 66 FR
Registration. 40616.

[[Page 719]]

34-040.......................... Compliance 6/13/2000......... 8/3/2001, 66 FR
Schedules for 40616.
Existing Sources
Affected by New
Rules.
----------------------------------------------------------------------------------------------------------------
Rules Applicable to Sources Required to Have ACDP or Title V Operating Permits
----------------------------------------------------------------------------------------------------------------
34-050.......................... Applicability..... 6/13/2000......... 8/3/2001, 66 FR
40616.
34-060.......................... Plant Site 6/13/2000......... 8/3/2001, 66 FR except for (6) &
Emission Limit 40616. (8).
Rules.
34-070.......................... Sampling, Testing 6/13/2000......... 8/3/2001, 66 FR
and Monitoring of 40616.
Air Contaminant
Emissions.
----------------------------------------------------------------------------------------------------------------
Rules Applicable to Sources Required to Have Air Contaminant Discharge Permits (ACDP)
----------------------------------------------------------------------------------------------------------------
34-090.......................... Purpose and 6/13/2000......... 8/3/2001, 66 FR
Applicability. 40616.
34-100.......................... Permit Categories. 6/13/2000......... 8/3/2001, 66 FR
40616.
34-110.......................... Permit Required... 6/13/2000......... 8/3/2001, 66 FR
40616.
34-120.......................... Synthetic Minor 6/13/2000......... 8/3/2001, 66 FR
Sources. 40616.
34-130.......................... General Procedures 6/13/2000......... 8/3/2001, 66 FR
for Obtaining 40616.
ACDP Permits.
34-140.......................... Permit Duration... 6/13/2000......... 8/3/2001, 66 FR
40616.
34-150.......................... ACDP Fees......... 6/13/2000......... 8/3/2001, 66 FR
40616.
Table A......................... Air Contaminant 6/13/2000......... 8/3/2001, 66 FR
Part I.......................... Sources and 40616.
Part II......................... Associated Fee
Schedule.
----------------------------------------------------------------------------------------------------------------
Title 38--New Source Review
----------------------------------------------------------------------------------------------------------------
38-001.......................... General 2/13/1990......... 9/9/1993, 58 FR
Applicability. 47385.
38-005.......................... Definitions....... 2/13/1990......... 9/9/1993, 58 FR
47385.
38-010.......................... General 2/13/1990......... 9/9/1993, 58 FR
Requirements for 47385.
Major Sources and
Major
Modifications.
38-015.......................... Additional 2/13/1990......... 9/9/1993, 58 FR
Requirements for 47385.
Major Sources or
Major
Modifications
Located in
Nonattainment
Areas.
38-020.......................... Additional 2/13/1990......... 9/9/1993, 58 FR
Requirements for 47385.
Major Sources or
Major
Modifications in
Attainment or
Unclassified
Areas (Prevention
of Significant
Deterioration).
38-025.......................... Exemptions for 2/13/1990......... 9/9/1993, 58 FR
Major Sources and 47385.
Major
Modifications.
38-030.......................... Baseline for 2/13/1990......... 9/9/1993, 58 FR
Determining 47385.
Credits for
Offsets.
38-035.......................... Requirements for 2/13/1990......... 9/9/1993, 58 FR
Net Air Quality 47385.
Benefit for Major
Sources and Major
Modifications.
38-040.......................... Emission Reduction 2/13/1990......... 9/9/1993, 58 FR
Credit Banking. 47385.
38-045.......................... Requirements for 2/13/1990......... 9/9/1993, 58 FR
Non-Major Sources 47385.
and Non-Major
Modifications.

[[Page 720]]

38-050.......................... Stack Height and 2/13/1990......... 9/9/1993, 58 FR
Dispersion 47385.
Techniques.
----------------------------------------------------------------------------------------------------------------
Title 39--Contingency for PM10 Sources in Eugene-Springfield Non-Attainment Area
----------------------------------------------------------------------------------------------------------------
39-001.......................... Purpose........... 11/13/1991........ 8/24/1994, 59 FR
43483.
39-005.......................... Relation to Other 11/13/1991........ 8/24/1994, 59 FR
Rules. 43483.
39-010.......................... Applicability..... 11/13/1991........ 8/24/1994, 59 FR
43483.
39-015.......................... Definitions....... 11/13/1991........ 8/24/1994, 59 FR
43483.
39-020.......................... Compliance 11/13/1991........ 8/24/1994, 59 FR
Schedule for 43483.
Existing Sources.
39-025.......................... Wood-Waste Boilers 11/13/1991........ 8/24/1994, 59 FR
43483.
39-030.......................... Veneer Dryers..... 11/13/1991........ 8/24/1994, 59 FR
43483.
39-035.......................... Particleboard 11/13/1991........ 8/24/1994, 59 FR
Plants and Wood 43483.
Particle Dryers.
39-040.......................... Kraft Pulp Mills.. 11/13/1991........ 8/24/1994, 59 FR
43483.
39-050.......................... Air Conveying 11/13/1991........ 8/24/1994, 59 FR
Systems. 43483.
39-055.......................... Fugitive Dust..... 11/13/1991........ 8/24/1994, 59 FR
43483.
39-060.......................... Open Burning...... 11/13/1991........ 8/24/1994, 59 FR
43483.
----------------------------------------------------------------------------------------------------------------
Title 47--Rules for Open Outdoor Burning
----------------------------------------------------------------------------------------------------------------
47-001.......................... General Policy.... 8/14/84........... 9/9/1993, 58 FR
47385.
47-005.......................... Statutory 8/14/84........... 9/9/1993, 58 FR
Exemptions from 47385.
These Rules.
47-010.......................... Definitions....... 1/1/1993.......... 1/11/1995, 60 FR
2690.
47-015.......................... Open Burning 1/1/1993.......... 1/11/1995, 60 FR
Requirements. 2690.
47-020.......................... Letter Permits.... 1/1/1993.......... 1/11/1995, 60 FR
2690.
47-030.......................... Summary of 1/1/1993.......... 1/11/1995, 60 FR
Seasons, Areas, 2690.
and Permit
Requirements for
Open Burning.
----------------------------------------------------------------------------------------------------------------
Title 50--Ambient Air Standards
----------------------------------------------------------------------------------------------------------------
50-005.......................... General........... 7/12/1988......... 9/9/1993, 58 FR
47385.
50-015.......................... Suspended 7/12/1988......... 9/9/1993, 58 FR
Particulate 47385.
Matter.
50-025.......................... Sulfur Dioxide.... 7/12/1988......... 9/9/1993, 58 FR
47385.
50-030.......................... Carbon Monoxide... 7/12/1988......... 9/9/1993, 58 FR
47385.
50-035.......................... Ozone............. 7/12/1988......... 9/9/1993, 58 FR
47385.
50-040.......................... Nitrogen Dioxide.. 7/12/1988......... 9/9/1993, 58 FR
47385.
50-045.......................... Lead.............. 7/12/1988......... 9/9/1993, 58 FR
47385.
----------------------------------------------------------------------------------------------------------------
Title 51--Air Pollution Emergencies
----------------------------------------------------------------------------------------------------------------
51-005.......................... Introduction...... 7/12/1988......... 9/9/1993, 58 FR
47385.
51-010.......................... Episode Criteria.. 7/12/1988......... 9/9/1993, 58 FR
47385.
51-015.......................... Emission Reduction 7/12/1988......... 9/9/1993, 58 FR
Plans. 47385.
51-020.......................... Preplanned 7/12/1988......... 9/9/1993, 58 FR
Abatement 47385.
Strategies.
51-025.......................... Implementation.... 7/12/1988......... 9/9/1993, 58 FR
47385.
Table I......................... Air Pollution 7/12/1988......... 9/9/1993, 58 FR
Episode, Alert 47385.
Condition.
Table II........................ Air Pollution 7/12/1988......... 9/9/1993, 58 FR
Episode, Warning 47385.
Conditions.

[[Page 721]]

Table III....................... Air Pollution 7/12/1988......... 9/9/1993, 58 FR ..................
Episode, 47385.
Emergency
Conditions.
----------------------------------------------------------------------------------------------------------------

(d) EPA approved State Source-specific requirements.

----------------------------------------------------------------------------------------------------------------
State effective
Name of source Permit No. date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Industrial Laundry & Dry 26-3025.......... 12/9/1980........ 8/27/1981, 46 FR Air Contaminant
Cleaners. 43142. Discharge Permit
Expiration Date: 11/1/
1987.
VANPLY, Inc.& Spalding Pulp & Stipulation and 12/30/1980....... 8/27/1981, 46 FR Transfer by VANPLY,
Paper Co. Consent Final 43142. INC. of a VOC Offset
Order. to Spalding Pulp &
Paper Co.
Weyerhaeuser Company........... 18-0037.......... 2/3/1981......... 11/6/1981, 46 FR Conditions 5 and 6--
55101. Air Contaminant
Discharge Permit Exp.
Date: 5/1/1986.
Spaulding Pulp and Paper Co.... 36-6041.......... 12/11/1980....... 8/27/1981, 46 FR Air Contaminant
43142. Discharge Permit
Expiration Date: 10/1/
1984.
Dura Industries................ 26-3112.......... 9/14/1995........ 3/31/1998, 63 FR Air Contaminant
15293. Discharge Permit
Expiration Date 9/1/
1997.
Cascade General (Port of 26-3224.......... 10/4/1995........ 3/7/1997, 62 FR Air Contaminant
Portland). 10455. Discharge Permit
Expiration Date 5/1/
1997.
White Consolidated Inc......... 34-2060.......... 8/1/1995......... 3/7/1997, 62 FR Air Contaminant
10455. Discharge Permit
Expiration Date 8/1/
1997.
Intel Corporation.............. 34-2681.......... 9/24/1993 (State 7/18/1996, 61 FR Oregon Title-V
effective date 37393. Operating Permit
of Title V Expiration Date: 10/
Program). 31/1999.
PCC Structurals, Inc........... 26-1867.......... 4/4/1997......... 6/20/1997, 62 FR Conditions 19, 20 and
33548. 21 in Addendum No. 2
Air Contaminant
Discharge Permit
Expiration Date: 4/1/
2000.
Ostrander Construction Company ACDP No. 19-0002. 4/29/1998........ 9/21/1999, 64 FR Air Contaminant
Fremont Sawmill. 51051. Discharge Permit
Expiration Date 11/1/
2002.
----------------------------------------------------------------------------------------------------------------

(e) EPA Approved Nonregulatory provisions and Quasi-Regulatory
Measures.

EPA Approved Oregon State Statutes
----------------------------------------------------------------------------------------------------------------
State EPA approval
State citation Title/subject effective date date Explanations
----------------------------------------------------------------------------------------------------------------
ORS Chapter 468............... General 11/4/1993 7/19/1995, 60 FR
Administration, 37013.
Enforcement,
Pollution Control
Facilities Tax Credit.
ORS Chapter 468A.............. Air Pollution Control, 11/4/1993 7/19/1995, 60 FR Except 468A.075.
Regional Air Quality 37013.
Control Authorities,
Motor Vehicle
Pollution Control,
Field Burning and
Propane.
ORS Chapter 468A.330.......... Small Business 11/4/1993 9/5/1995, 60 FR
Stationary Source 46025.
Technical and
Environmental
Compliance Assistance
Program.
----------------------------------------------------------------------------------------------------------------

State of Oregon Air Quality Control Program
----------------------------------------------------------------------------------------------------------------
State effective
SIP citation Title/subject date EPA Approval Date Explanation
----------------------------------------------------------------------------------------------------------------
Section 1....................... Introduction...... 4/25/1986......... 7/30/1991, 56 FR
36006.
Section 2....................... General Section 2, 4/25/ Section 2, 7/30/
Administration. 1986. 1991, 56 FR 36006.
2.1, 4/25/1986.... 2.1, 7/30/1991, 56 2.1 Agency
FR 36006. Organization.

[[Page 722]]

2.2, 7/29/1992.... 2.2, 7/19/1995, 60 2.2 Legal
FR 37013. Authority.
2.3, 4/25/1986.... 2.3, 7/30/1991, 56 2.3 Resources.
FR 36006.
2.4, 4/25/1986.... 2.4, 7/30/1991, 56 2.4
FR 36006. Intergovernmental
cooperation.
2.5, 4/25/1986.... 2.5, 7/30/1991, 56 2.5 Miscellaneous
FR 36006. Provisions.
2.6, 11/16/1992... 2.6, 9/5/1995, 60 2.6 Small Business
FR 46025. Assistance
Program.
Section 3....................... Statewide 4/25/1986......... 7/30/1991, 56 FR Refer to table (c)
Regulatory 36006. for approved
Provisions. regulations.
Section 4....................... Control Strategies 4, 4/25/1986...... 4, 7/30/1991, 56
for Nonattainment FR 36006.
Areas.
4.1, 12/19/1980... 4.1, 4/12/1982, 47 4.1 Portland-
FR 15587. Vancouver TSP
Attainment Plan.
4.2, 7/16/1982.... 4.2, 10/7/1982, 47 4.2 Portland-
FR 44261. Vancouver CO
Attainment Plan.
4.3, 7/16/1982.... 4.3, 10/7/1982, 47 4.3 Portland-
FR 44261. Vancouver Ozone
Attainment Plan.
4.4, 6/20/1979.... 4.4, 6/24/1980, 45 4.4 Salem CO
FR 42265. Attainment Plan.
4.5, 9/19/1980.... 4.5, 4/12/1982, 47 4.5 Salem Ozone
FR 15587. Attainment Plan.
4.6, 1/30/1981.... 4.6, 4/12/1982, 47 4.6 Eugene-
FR 15587. Springfield TSP
Attainment Plan.
4.7, 6/20/1979.... 4.7, 6/24/1980, 45 4.7 Eugene-
FR 42265. Springfield CO
Attainment Plan.
12/9/1988......... 12/6/1993, 58 FR Eugene-Springfield
64161. CO Maintenance
Plan.
4.8, 1/25/85...... 4.8, 6/4/1986, 51 4.8 Medford-
FR 20285. Ashland Ozone,
Maintenance Plan.
4.9, 10/15/1982... 4.9, 2/13/1987, 52 4.9 Medford-
FR 4620. Ashland CO
Attainment Plan.
4.10, 4/1983...... 4.10, 8/15/1984, 4.10 Medford-
49 FR 32574. Ashland TSP,
Attainment Plan.
4.11, 10/24/1986.. 4.11, 1/15/1988, 4.11 Grants Pass
53 FR 1020. CO, Attainment
Plan.
4.12, 8/18/1995... 4.12, 4/14/1997, 4.12 Klamath Falls
62 FR 18047. PM-10 Attainment
Plan.
4.13, 11/13/1991.. 4.13, 12/17/1993, 4.13 Grants Pass
58 FR 65934. PM-10 Attainment
Plan.
4.14, 9/9/2005.... 4.14, 6/19/2006, 4.14 Medford PM-10
71 FR 35163. Attainment and
Maintenance Plan.
4.15, 11/8/1991... 4.15, 2/15/1995, 4.15 La Grande PM-
60 FR 8563. 10 Attainment
Plan.
4.16, 1/31/1991... 4.16, 8/24/1994, 4.16 Eugene-
59 FR 43483. Springfield PM-10
Attainment Plan.
4.17, 11/20/2000, 4.17, 9/20/2001, 4.17 Klamath Falls
(submittal date). 66 FR 48340. CO Maintenance
Plan.
4.18, 11/4/1996... 4.18, 3/15/1999, 4.18 Oakridge PM-
64 FR 12751. 10 Attainment
Plan.
4.19, 6/1/1995, 4.19, 9/21/1999, 4.19 Lakeview PM-
(submittal date). 64 FR 51051. 10 Attainment
Plan.
4.50, 8/14/1996... 4.50, 5/19/1997, 4.50 Portland/
62 FR 27204. Vancouver Ozone
Maintenance Plan.

[[Page 723]]

4/12/2007......... 12/19/2011, 76 FR Portland-Vancouver
78571.. AQMA (Oregon
portion) & Salem
Kaizer Area 8-
hour Ozone
(110(a)(1)
Maintenance Plan.
4.51, 7/12/1996... 4.51, 9/2/1997, 62 4.51 Portland CO
FR 46208. Maintenance Plan.
4.52, 3/9/2001.... 4.52, 7/24/2002, 4.52 Medford CO
67 FR 48388. Maintenance Plan.
4.53, 9/10/1999... 4.53, 8/31/2000, 4.53 Grants Pass
65 FR 52932. CO Maintenance
Plan.
4.55, 10/4/2002... 4.55, 10/27/2003, 4.55 Grants Pass
68 FR 61111. PM-10 Maintenance
Plan.
4.56, 10/4/2002... 4.56, 10/21/2003, 4.56 Klamath Falls
68 FR 60036. PM-10 Maintenance
Plan.
4.57, 6/28/2007... 4.57, 12/30/2008, 4.57 Salem-Keizer
73 FR 79655. Area CO, Limited
Maintenance Plan.
4.58, 12/15/2004.. 4.58, 1/24/2006, 4.58 Portland Area
71 FR 3768. CO Maintenance
Plan 2nd 10-year.
4.58, 12/11/2013.. 4.58, 5/22/2014, 4.58 Portland Area
79 FR 29360. CO Maintenance
Plan 2nd 10-year;
TCM substitution
update
4.58.3.2.2.
4.59, 9/9/2005.... 4.59, 6/19/2006, 4.59 La Grande
71 FR 35161. PM10 Maintenance
Plan.
4.60, 9/9/2005.... 4.60, 6/19/2006, 4.60 Lakeview PM10
71 FR 35159. Maintenance Plan.
4.61, 9/26/2011... 4.61, 4/11/2013, 4.61 Eugene-
78 FR 21547. Springfield PM10
Limited
Maintenance Plan.
Section 5....................... Control Strategies 5, 4/25/1986...... 5, 7/30/1991, 56
for Attainment FR 36006.
and Nonattainment
Areas.
5.1, 1/14/1983.... 5.1, 5/18/1983, 48 5.1 Statewide
FR 22298. Control
Strategies for
Lead.
5.2, 5/3/2002..... 5.2, 3/15/2005, 70 5.2 Visibility
FR 12587. Protection Plan.
5.3, 4/25/1986.... 5.3, 7/30/1991, 56 5.3 Prevention of
FR 36006. Significant
Deterioration.
5.4, 10/24/2003... 5.4, 11/27/2004, 5.4 Motor Vehicle
69 FR 67819. Inspection and
Maintenance.
12/9/2010......... 7/5/2011, 76 FR Oregon Regional
38997. Haze Plan--
Section 308.
Section 6....................... Ambient Air 1/1986............ 7/30/1991, 56 FR 6.1 Air Monitoring
Quality 36006. Network.
Monitoring 6.2 Data Handling
Program. and Analysis
Procedures.
6.3 Episode
Monitoring.
Section 7....................... Emergency Action 1/1986............ 7/30/1991, 56 FR
Plan. 36006.
Section 8....................... Public Involvement 1/1986............ 7/30/1991, 56 FR
36006.
Section 9....................... Plan Revisions and 1/1986............ 7/30/1991, 56 FR
Reporting. 36006.
----------------------------------------------------------------------------------------------------------------

[[Page 724]]

Oregon Administrative Rules, Approved But Not Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
State effective
State citation Title/subject date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
Division 11--Rules of General Applicability and Organization
----------------------------------------------------------------------------------------------------------------
011-0005........................ Definitions....... 3/20/2008......... 4/25/2013, 78 FR
24347.
011-0009........................ Incorporation of 3/20/2008......... 4/25/2013, 78 FR
Attorney 24347.
General's Uniform
and Model Rules.
011-0510........................ Agency 3/20/2008......... 4/25/2013, 78 FR
Representation by 24347.
Environmental Law
Specialist.
011-0515........................ Authorized 3/20/2008......... 4/25/2013, 78 FR
Representative of 24347.
Respondent other
than a Natural
Person in a
Contested Case
Hearing.
011-0573........................ Proposed Orders in 3/20/2008......... 4/25/2013, 78 FR
Contested Cases. 24347.
011-0575........................ Review of Proposed 3/20/2008......... 4/25/2013, 78 FR
Orders in 24347.
Contested Cases.
----------------------------------------------------------------------------------------------------------------
Division 12--Enforcement Procedure and Civil Penalties
----------------------------------------------------------------------------------------------------------------
012-0026........................ Policy............ 5/13/2005......... 4/25/2013, 78 FR
24347.
012-0027........................ Rule Effective 3/26/2006......... 4/25/2013, 78 FR
Date. 24347.
012-0028........................ Scope of 5/13/2005......... 4/25/2013, 78 FR
Applicability. 24347.
012-0030........................ Definitions....... 11/10/2008........ 6/20/2013, 78 FR
37124.
012-0038........................ Warning Letters, 11/10/2008........ 6/20/2013, 78 FR
Pre-Enforcement 37124.
Notices and
Notices of Permit
Violation.
012-0041........................ Formal Enforcement 5/13/2005......... 4/25/2013, 78 FR
Action. 24347.
012-0042........................ Determination of 5/13/2005......... 4/25/2013, 78 FR
Base Penalty. 24347.
012-0045........................ Civil Penalty 5/13/2005......... 4/25/2013, 78 FR
Determination 24347.
Procedure.
012-0145........................ Determination of 5/13/2005......... 4/25/2013, 78 FR
Aggravating or 24347.
Mitigating
Factors.
012-0150........................ Determination of 5/13/2005......... 4/25/2013, 78 FR
Economic Benefit. 24347.
012-0053........................ Violations that 3/26/2006......... 4/25/2013, 78 FR
Apply to all 24347.
Programs.
012-0054........................ Air Quality 3/15/2011......... 6/20/2013, 78 FR
Classification of 37124.
Violations.
012-0073........................ Environmental 3/26/2006......... 4/25/2013, 78 FR
Cleanup 24347.
Classification of
Violation.
012-0082........................ Contingency 3/26/2006......... 4/25/2013, 78 FR
Planning 24347.
Classification of
Violations.
012-0130........................ Determination of 3/26/2006......... 4/25/2013, 78 FR
Violation 24347.
Magnitude.
012-0135........................ Selected Magnitude 3/26/2006......... 4/25/2013, 78 FR
Categories. 24347.
012-0140........................ Determination of 3/15/2011......... 6/20/2013, 78 FR
Base Penalty. 37124.
012-0155........................ Additional or 11/10/2008........ 6/20/2013, 78 FR
Alternate Civil 37124.
Penalties.
012-0160........................ Department 3/13/2005......... 4/25/2013, 78 FR
Discretion 24347.
Regarding Penalty
Assessment.
012-0162........................ Inability to Pay 3/13/2005......... 4/25/2013, 78 FR
the Penalty. 24347.
012-0165........................ Stipulated 3/13/2005......... 4/25/2013, 78 FR
Penalties. 24347.

[[Page 725]]

012-0170........................ Compromise or 11/10/2008........ 6/20/2013, 78 FR
Settlement of 37124.
Civil Penalty by
Department.
----------------------------------------------------------------------------------------------------------------
Division 200--General Air Pollution Procedures and Definitions.
----------------------------------------------------------------------------------------------------------------
Conflicts of Interest
----------------------------------------------------------------------------------------------------------------
200-0100........................ Conflicts of 7/1/2001.......... 1/22/2003, 68 FR
Interest. 2891.
200-0110........................ Conflicts of 7/1/2001.......... 1/22/2003, 68 FR
Interest. 2891.
200-0120........................ Conflicts of 7/1/2001.......... 1/22/2003, 68 FR
Interest. 2891.
----------------------------------------------------------------------------------------------------------------
Division 262--Heat Smart Program for, Residential Woodstoves and Other Solid Fuel Heating Devices.
----------------------------------------------------------------------------------------------------------------
262-0050........................ Residential 10/14/1999........ 1/22/2003, 68 FR
Woodheating--Civi 2891.
l Penalties.
----------------------------------------------------------------------------------------------------------------

City and County Ordinances
----------------------------------------------------------------------------------------------------------------
Agency and ordinance Title or subject Date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
Codified Ordinances of Jackson 1810.09........... 12/20/1989........ 6/19/2006, 71 FR
County. 35163.
Codified Ordinances of Jackson 1810.99........... 10.29.2003........ 6/19/2006, 71 FR
County. 35163.
Code of the City of Medford, 7.226............. 11/20/1989........ 6/19/2006, 71 FR
Oregon. 35163.
Code of the City of Medford, 7.300............. 4/6/2000.......... 6/19/2006, 71 FR
Oregon. 35163.
City of Central Point Municipal 8.04.100.......... 1966.............. 6/19/2006, 71 FR
Code. 35163.
City of Central Point Municipal 8.04.110.......... 1966.............. 6/19/2006, 71 FR
Code. 35163.
City of Central Point Municipal 8.04.120.......... 1966.............. 6/19/2006, 71 FR
Code. 35163.
City of Central Point Municipal 8.04.130.......... 1966.............. 6/19/2006, 71 FR
Code. 35163.
City of Central Point Municipal 8.04.140.......... 1966.............. 6/19/2006, 71 FR
Code. 35163.
City of Central Point Municipal 8.04.150.......... 1995.............. 6/19/2006, 71 FR
Code. 35163.
City of Ashland Municipal Code.. 10.30.050......... 1993.............. 6/19/2006, 71 FR
35163.
City of Ashland Municipal Code.. 9.24.060.......... 1998.............. 6/19/2006, 71 FR
35163.
----------------------------------------------------------------------------------------------------------------

Lane County Regional Air Pollution Authority Regulations, Approved But Not Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
State
LRAPA citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
Title 15......................... Enforcement 6/13/1995 8/22/2001, 66 FR
Procedure and 40616.
Civil Penalties.
----------------------------------------------------------------------------------------------------------------

EPA Approved Oregon State Directive
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
Directive 1-4-1-601.............. Operational 10/23/1992 11/1/2001, 66 FR
Guidance for the 55112.
Oregon Smoke
Management Program.
----------------------------------------------------------------------------------------------------------------

[[Page 726]]

EPA Approved Manuals
----------------------------------------------------------------------------------------------------------------
State
Name Adoption date effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
Sampling Manual.................. 1/23/1992.......... 1/23/1992 6/4/1993, 58 FR Volumes 1 and 2,
31654. Adopted by Oregon
Environmental
Quality
Commission.
Continuous Monitoring Manual..... 1/23/1992.......... 2/4/1992 6/4/1993, 58 FR Adopted by Oregon
31654. Environmental
Quality
Commission.
----------------------------------------------------------------------------------------------------------------

Supplementary Documents
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
Oregon SIP Volume 2, Section 5.4. Test Procedures and 10/24/2003 11/22/2004, 69 FR
Standards. 67819.
----------------------------------------------------------------------------------------------------------------

[78 FR 74015, Dec. 10, 2013, as amended at 79 FR 29360, May 22, 2014]

Effective Date Note: At 79 FR 35694, June 24, 2014, Sec. 52.1970
was amended in table 2, paragraph (c), by adding in numerical order
entry ``202-0020 Applicability'' and revising entry ``202-0130 Ambient
Air Quality Standard for Lead'' under Division 202, after the table
subheading ``Ambient Air Quality Standards'' effective July 24, 2014.
For the convenience of the user, the added and revised text is set forth
as follows:

Sec. 52.1970 Identification of plan.

* * * * *

* * * * * * *
Division 202 Ambient Air Quality Standards and PSD Increments

* * * * * * *
Ambient Air Quality Standards

* * * * * * *
202-0020......................... Applicability....... 11/7/2013 6/24/2014, [Insert
Federal Register
citation].

* * * * * * *
202-0130......................... Ambient Air Quality 11/7/2013 6/24/2014, [Insert
Standard for Lead. Federal Register
citation].

* * * * * * *
----------------------------------------------------------------------------------------------------------------

Sec. 52.1971 Classification of regions.

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

[[Page 727]]

Northwest Oregon Intrastate............................... III III III III III
Central Oregon Intrastate................................. II III III III III
Eastern Oregon Intrastate................................. II III III III III
----------------------------------------------------------------------------------------------------------------

[37 FR 10888, May 31, 1972, as amended at 45 FR 42278, June 24, 1980]

Sec. 52.1972 Approval status.

With the exceptions set forth in this subpart, the Administrator
approves Oregon's plan for the attainment and maintenancce of the
national standards under section 110 of the Clean Air Act.

[65 FR 29958, May 10, 2000]

Sec. 52.1973 Approval of plans.

(a) Carbon monoxide. (1) EPA approves as a revision to the Oregon
State Implementation Plan, the Second Portland Area Carbon Monoxide
Maintenance Plan, effective December 15, 2004, and submitted to EPA on
December 27, 2004.
(2) EPA approves as a revision to the Oregon State Implementation
Plan, the Salem carbon monoxide maintenance plan submitted to EPA on
August 9, 2007.
(b) Lead. [Reserved]
(c) Nitrogen Dioxide. [Reserved]
(d) Ozone. (1) EPA approves as a revision to the Oregon State
Implementation Plan, the section 110(a)(1) ozone maintenance plans for
Portland and Salem, submitted to EPA on May 22, 2007.
(2) [Reserved]
(e) Particulate Matter.
(1) EPA approves as a revision to the Oregon State Implementation
Plan, the Klamath Falls PM-10 maintenance plan submitted to EPA on
November 4, 2002.
(2) EPA approves as a revision to the Oregon State Implementation
Plan, the Grants Pass PM-10 maintenance plan submitted to EPA on
November 4, 2002.
(3) EPA approves as a revision to the Oregon State Implementation
Plan, the La Grande PM10 maintenance plan adopted by the Oregon
Environmental Quality Commission on August 11, 2005 and submitted to EPA
on October 25, 2005.
(4) EPA approves as a revision to the Oregon State Implementation
Plan, the Lakeview PM10 maintenance plan adopted by the Oregon
Environmental Quality Commission on August 11, 2005 and submitted to EPA
on October 25, 2005.
(5) EPA approves as a revision to the Oregon State Implementation
Plan, the Medford PM10 attainment and maintenance plan adopted by the
Oregon Environmental Quality Commission on December 10, 2004 and
submitted to EPA on March 10, 2005.
(6) EPA approves as a revision to the Oregon State Implementation
Plan, the Eugene-Springfield PM10 Limited Maintenance Plan
adopted by the Oregon Environmental Quality Commission on December 15,
2011 and submitted to EPA on January 13, 2012.
(6) EPA approves as a revision to the Oregon State Implementation
Plan, the Eugene-Springfield PM10 Limited Maintenance Plan
adopted by the Oregon Environmental Quality Commission on December 15,
2011 and submitted to EPA on January 13, 2012.
(f) Sulfur Dioxide. [Reserved]
(g) Visibility protection. (1) EPA approves portions of a Regional
Haze SIP revision submitted by the Oregon Department of Environmental
Quality on December 20, 2010, and adopted by the Oregon Department of
Environmental Quality Commission on December 9, 2010, as meeting the
requirements of Clean Air Act section 169A and 40 CFR 51.308(e)
regarding Best Available Retrofit Technology. The SIP revision also
meets the requirements of 40 CFR 51.308(d)(2) and (d)(4)(v) regarding
the calculation of baseline and natural conditions for the Mt. Hood
Wilderness Area, Mt. Jefferson Wilderness Area, Mt Washington Wilderness
Area,

[[Page 728]]

Kalmiopsis Wilderness Area, Mountain Lakes Wilderness Area, Gearhart
Mountain Wilderness Area, Crater Lake National Park, Diamond Peak
Wilderness Area, Three Sisters Wilderness Area, Strawberry Mountain
Wilderness Area, Eagle Cap Wilderness Area, and Hells Canyon Wilderness
Area, and the statewide inventory of emissions of pollutants that are
reasonably anticipated to cause or contribute to visibility impairment
in any mandatory Class I Federal Area. The SIP revision also meets the
requirements of Clean Air Act section 110(a)(2)(D)(i)(II) as it applies
to visibility for the 1997 8-hour ozone NAAQS and 1997 PM2.5
NAAQS.
(2) EPA approves the remaining portions of the Regional Haze SIP
revision submitted by the Oregon Department of Environmental Quality on
December 20, 2010, and adopted by the Oregon Department of Environmental
Quality Commission on December 9, 2010, as meeting the requirements of
the Clean Air Act section 169A and 40 CFR 51.308(d)(1) regarding
establishing reasonable progress goals, and 51.308(d)(3) for developing
a long term strategy to achieve these goals.

[68 FR 60041, Oct. 21, 2003, as amended at 68 FR 61116, Oct. 27, 2003;
71 FR 3770, Jan. 24, 2006; 71 FR 3770, Feb. 23, 2006; 71 FR 35160,
35163, 35174, June 19, 2006; 73 FR 79661, Dec. 30, 2008; 76 FR 39005,
July 5, 2011; 76 FR 78573, Dec. 19, 2011; 77 FR 50613, Aug. 22, 2012; 78
FR 21555, Apr. 11, 2013]

Sec. 52.1974 Original identification of plan section.

(a) This section identified the original ``State of Oregon Clean Air
Act Implementation Plan'' and all revisions submitted by Oregon that
were federally approved prior to September 1, 2013.
(b) The plan was officially submitted on January 25, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Amendments to the implementation plan including ORS chapters
449, 192, and 340 submitted on May 3, 1972, by the Governor.
(2) Transportation control strategy for oxidants and carbon monoxide
in the Oregon portion of the Portland Interstate Region submitted on
October 26, 1972, by the Governor.
(3) Compliance schedules submitted on February 9, 1973, by the
Department of Environmental Quality.
(4) Revision to the transportation control plan submitted on April
13, 1973, by the Governor.
(5) Compliance schedules submitted on May 30, 1973, by the
Department of Environmental Quality.
(6) Compliance schedules submitted on June 8, 1973, by the
Department of Environmental Quality.
(7) Compliance schedules submitted on June 22, 1973, by the
Department of Environmental Quality.
(8) Compliance schedules submitted on June 25, 1973, by the
Department of Environmental Quality.
(9) Compliance schedules submitted on July 31, 1973, by the
Department of Environmental Quality.
(10) Compliance schedules submitted on August 3, 1973, by the
Department of Environmental Quality.
(11) Request for an extension to May 31, 1976, of the attainment
date for carbon monoxide and photochemical oxidants and miscellaneous
additions (Nonregulatory) to the transportation control plan submitted
on September 21, 1973, by the Governor.
(12) Miscellaneous additions (Nonregulatory) to the transportation
control plan submitted on August 20, 1973, by the Department of
Environmental Quality.
(13) Plan for maintenance of the national standards submitted on
August 27, 1973, by the Department of Environmental Quality.
(14) Revision to Oregon Administrative Rules (OAR) Chapter 340,
sections 25-105 through 25-130,--Hot Mix Asphalt Plans and sections 25-
155 through 25-195 Kraft Pulp Mills submitted on February 8, 1973, by
the Department of Environmental Quality.
(15) Change to regulations for the Lane Regional Air Pollution
Authority submitted on February 13, 1973, by the Department of
Environmental Quality.
(16) Special air pollution control rules for Clackamas, Columbia,
Multnomah and Washington Counties and certification of the dissolution
of regulations for the Columbia-Willamette Air Pollution Authority
submitted on

[[Page 729]]

January 17, 1974, by the Department of Environmental Quality.
(17) Revision to Oregon Administrative Rules (OAR) Chapter 340,
sections 12-030 through 12-055 Civil Penalties submitted on February 19,
1975, by the Department of Environmental Quality.
(18) Oregon Revised Statute 468.095 for public availability of
emission data submitted on August 1, 1975, by the Department of
Environmental Quality.
(19) Indirect Source Regulation (OAR, Chapter 340 sections 20-100
through 20-135) submitted on July 24, 1975, by the Department of
Environmental Quality.
(20) Indirect Source Regulation (Title 20--Indirect Sources), of the
Lane Regional Air Pollution Authority Rules and Regulations, submitted
November 18, 1975 by the Department of Environmental Quality.
(21) Air Contaminant Discharge Permits (Oregon Administrative Rules
340-20-140 through 340-20-185) submitted February 17, 1976.
(22) Lane Regional Air Pollution Authority Regulation, Title 22--
Permits, submitted June 7, 1976.
(23) Oregon Revised Statutes sections 468.450 through 468.485
submitted on August 1, 1975, by the Department of Environmental Quality.
(24) Oregon Administrative Rules (OAR) Chapter 340, sections 26-005
through 26-025, submitted on February 17, 1976, by the Department of
Environmental Quality.
(25) Request for an extension to May 31, 1978, of the attainment
date for particulate matter national secondary ambient air quality
standards in the Eugene/Springfield Air Quality Maintenance Area.
(26) Revision to the field burning regulations submitted on June 28,
1979; September 13, 1979, October 10, 1979; and March 11, 1980, by the
Department of Environmental Quality.
(27) On June 20 and 29, 1979, the Governor submitted: (i) Carbon
monoxide (CO) and ozone (O3) attainment plans for the Oregon
portion of the Portland-Vancouver AQMA, Salem, and Medford-Ashland AQMA,
and (ii) a carbon monoxide (CO) attainment plan for the Eugene-
Springfield AQMA.
(28) On June 20, 1979, the Governor requested an extension beyond
1982 for the attainment of carbon monoxide (CO) in Portland, Eugene-
Springfield and Medford.
(29) On June 29, 1979, the Governor requested an extension beyond
1982 for the attainment of ozone (O3) in Portland.
(30) On February 14, 1980, the State Department of Environmental
Quality submitted its official response to EPA's proposed SIP actions
which were published in the Federal Register on January 21, 1980 (45 FR
3929).
(31) On May 6, 1980, the State Department of Environmental Quality
submitted recodified portions of Oregon Revised Statutes (ORS) 449 which
authorize Oregon's automobile inspection/maintenance program. This
submittal, requested by EPA, included chapters ORS 468.360 through
468.420, 481.190, 481.200, 483.800, 483.820, and 483.825.
(32) Revisions to the program for controlling the open burning of
grass seed fields submitted on April 22, 1980, by the Department of
Environmental Quality.
(33) Oregon Administrative Rules (OAR) Chapter 340, sections 24-300
through 24-350 for the vehicle inspection and maintenance program,
submitted on July 26, 1980, by the Oregon Department of Environmental
Quality.
(34) On December 27, 1979, the State of Oregon Department of
Environmental Quality submitted a plan revision to meet the requirements
of Air Quality Monitoring 40 CFR part 58, subpart C Sec. 58.20.
(35) On December 31, 1980, the State Department of Environmental
Quality submitted an Oregon Air Containment Discharge Permit No. 36-6041
Addendum No. 1 issued to Spaulding Pulp and Paper Company on December
11, 1980; Oregon Air Discharge Containment Discharge Permit No. 26-3025,
issued to Industrial Laundry Dry Cleaners, Inc., on December 1980 and
Oregon Environmental Quality Commission Stipulation and Consent Final
Order concerning Vanply, Inc., dated December 30, 1980.
(36) On September 8, October 16, December 5, December 19, 1980, May
29, 1981 and September 9, 1981, DEQ submitted revisions to the SIP
designed to

[[Page 730]]

satisfy the conditions of approval published by EPA on June 24, 1980 (45
FR 42265).
(37) Specific air pollution control rules for the Medford AQMA (OAR
340-30-005 through 340-30-070) submitted by the Department of
Environmental Quality on May 26, 1978, and revisions submitted by the
Department of Environmental Quality on February 14, 1980 (OAR-340-010
and 340-30-020), October 29, 1980 (OAR 340-30-016, 340-30-035 and 340-
30-045), May 22, 1981 (OAR 340-30-010, 340-30-030 and 340-30-045) and
September 9, 1981 (OAR 340-30-060).
(38) Revisions to the Lane Regional Air Pollution Authority rules
submitted by the Department of Environmental Quality on March 14, 1977
(Title 22, Sections 010 and 020 and Table A), June 29, 1979 (Title 11,
Section 015; Title 12, Sections 005 and 010; Title 13; Title 20,
Sections 110, 115, 120, 125, 129 and 130; Title 21, Sections 010 and
030; Title 32, Sections 005 and 010; Title 33, Sections 005, 010, 015
and 065; Title 36; Title 42; Title 43; Title 44; and Title 45), November
6, 1979 (Title 22,Section 020 and Table A), and January 30, 1980 (Title
36).
(39) Conditions 5 and 6 of the Air Contaminant Discharge Permit for
the Weyerhaeuser Company plant in Bly, Oregon (Permit Number: 18-0037)
submitted by the Department of Environmental Quality on March 24, 1981.
(40) Condition 4, 5, and 6 of the Air Contaminant Discharge Permit
for the Weyerhaeuser Company plant in North Bend, Oregon (Permit Number:
06-0007) submitted by the Department of Environmental Quality on March
27, 1981.
(41) Revisions to the agricultural open field burning rules (OAR
340-26-005 through 340-26-030) submitted by the Department of
Environmental Quality on April 23, 1981, and amended ``Smoke Management
Program Operational Guidelines'' submitted by the Department of
Environmental Quality on July 8, 1981.
(42) Revisions to the rules for sulfite pulp mills (OAR 340-25-350
through 340-25-390) submitted by the Department of Environmental Quality
on June 2, 1980.
(43) Revisions to the Air Quality Schedule of Civil Penalties (OAR
340-12-050) submitted by the Department of Environmental Quality on
February 14, 1980.
(44) Revision to the ambient air quality standard for ozone (OAR
340-31-030) submitted by the Department of Environmental Quality on June
20, 1979.
(45) On March 24, 1981, the State Department of Environmental
Quality submitted control strategies for the Portland secondary total
suspended particulates nonattainment area.
(46) On March 23, 1981, the State Department of Environmental
Quality submitted control strategies for the Eugene-Springfield
secondary total suspended particulates nonattainment area.
(47) On October 16, 1980, the State Department of Environmental
Quality submitted revisions to the control strategies for the Salem
ozone nonattainment area.
(48) On August 17, 1981, the State Department of Environmental
Quality submitted amendments to the operating rules for the Portland
motor vehicle inspection program (OAR 340-24-300 through 350).
(49) On March 11, 1982, the State of Oregon Department of
Environmental Quality submitted three revisions to the Lane Regional Air
Pollution Authority rules. They are:
(i) Title 11 Definitions (Section 015.013, Air Conveying Systems),
(ii) Title 22 Permits (Section 020, Fees),
(iii) Title 32 Emission Standards (Section 800, Air Conveying
System).
(50) On March 11, 1982, the State of Oregon Department of
Environmental Quality submitted a revision to their State ambient air
quality standard for ozone (from 0.08 ppm to 0.12 ppm.
(51) Amendments to the Air Contaminant Discharge Permit Rules
submitted by the State Department of Environmental Quality on February
15, 1977 (OAR 340-20-140 through 185), July 24, 1979 (OAR 340-20-155
Table A, 165, 175 and 180) and May 22, 1981 (OAR 340-20-155 Table A).
(52) Prevention of Significant Deterioration Rules (OAR 340-31-100,
105 subsections (12), (15) and (16), 110, 115, 120 and 130) submitted by
the State Department of Environmental Quality on June 20, 1979, and
September 9, 1981.

[[Page 731]]

(53) New Source Review Rules (OAR 340-20-220 to 275, except Section
225 subsections 7 and 11), except to the extent that they apply to
marine vessel emissions, submitted by the State Department of
Environmental Quality on September 9, 1981, and deletion of Special
Permit Requirements for Sources Locating In or Near Nonattainment Areas
(OAR 340-20-190 through 195).
(54) Plant Site Emission Limit Rules (OAR 340-20-300 through 320)
submitted by the State Department of Environmental Quality on September
9, 1981, and deletion of the Plant Site Emission Limit Rules (OAR 340-
20-196 and 197).
(55) On July 20, 1982, the State of Oregon Department of
Environmental Quality submitted: (i) Carbon monoxide (CO) and ozone
(O3) attainment plans for Portland which build upon those
plans submitted in June 1979 and (ii) a request to extend the Portland
CO and O3 attainment dates to December 31, 1985, and December
31, 1987, respectively.
(56) On August 9, 1982, the State of Oregon Department of
Environmental Quality submitted a revision to remove the Mid-Willamette
Valley Air Pollution Authority Regulations from the Oregon state
implementation plan.
(57) Amendments to the rules for primary aluminum plants submitted
by the Oregon State Department of Environmental Quality on February 21,
1974 (OAR 340-25-255 to 290), February 14, 1980 (OAR 340-25-265(4)(b)
and 265(5)) and August 9, 1982 (OAR 340-25-255 to 285).
(58) Amendments to the rules for equipment burning salt laden wood
waste from logs stored in salt water (OAR 340-21-020) and removal of
Conditions 4, 5, and 6 of the Air Contaminant Discharge Permit for the
Weyerhaeuser Company plant in North Bend, Oregon (Permit Number: 06-
0007) submitted by the Oregon State Department of Environmental Quality
on October 18, 1982.
(59) On August 16, 1982, the State of Oregon Department of
Environmental Quality submitted a revision to OAR 340-24-300 to 24-350
(Vehicle Inspection Program Rules).
(60) On January 24, 1983, the State of Oregon Department of
Environmental Quality submitted a revision to add a lead strategy to the
Oregon Implementation Plan and revise the State lead ambient air quality
standard to agree with the Federal standard.
(61) On December 13, 1982, the State of Oregon Department of
Environmental Quality submitted two revisions to the Lane Regional Air
Pollution Authority rules. The revisions are: (1) Title 32, Emission
Standards (Section 800, Air Conveying Systems)--revision to compliance
date and (2) Title 33, Prohibited Practices and Control of Special
Classes (Section 070, Kraft Pulp Mills)--new rules.
(62) Title 22 ``PERMITS'' of the Lane Regional Air Pollution
Authority Rules, except to the extent that they apply to marine vessel
emissions and except the definitions of ``dispersion technique'' and
``good engineering practice stack height'', and Title 32 ``EMISSION
STANDARDS'' Sections 32-100 through 32-104 of the Lane Regional
Authority Rules, submitted by the State Department of Environmental
Quality on March 2, 1983; clarifying letter dated June 20, 1984.
(63) On May 6, 1983, the Oregon Department of Environmental Quality
submitted revisions to its rules as follows:
(A) Revisions to the ``New Source Review'' rule consisting of an
amended section OAR 340-20-225, specifically, the deletion of the
definitions of ``Dispersion Technique'' (OAR 340-20-225(7)) and ``Good
Engineering Practice Stack Height'' (OAR 340-20-225(11)), the
renumbering of OAR 340-20-225, the revision of the definition of
``Nonattainment Area'' (OAR 340-20-225(14)), and changes to numerous
references to coincide with the new numbering; the deletion of
subsection OAR 340-20-240(7) ``Growth Increments'' and the addition of a
new section OAR 340-20-241 ``Growth Increments;'' an amended section OAR
340-20-245, specifically, revised subsections OAR 340-20-245(2)(c) and
OAR 340-20-245(4), and changes to numerous references to coincide with
the new numbering of the definitions in OAR 340-20-225; and amendment to
subsection )AR 340-20-260(2); a revised reference in OAR 340-20-265(6)
to coincide with the new numbering of a definition; and the deletion of
section OAR 340-20-275 ``Stack Heights''.

[[Page 732]]

(B) The addition of a new ``Stack Heights and Dispersion
Techniques'' rule (OAR 340-20-340 and 345);
(C) Revisions to the ``Portable Hot Mix Asphalt Plants'' rule (OAR
340-25-120; and
(D) The deletion of OAR 340-22-108 ``Applicability of Alternative
Control Systems.''
(64) Amendments to the fees in the ``Air Contaminant Discharge
Permit'' rule (OAR 340-20-155 Table 1 and OAR 340-20-165) submitted by
the Oregon Department of Environmental Quality on June 3, 1983.
(65) On October 26, 1983, and December 14, 1983, the State of Oregon
Department of Environmental Quality submitted four separate revisions to
their plan. On October 26, 1983, the State submitted a revised air
emergency episode plan (OAR 340-27-005 through 340-27-030 (effective
October 7, 1983), revisions to gasoline marketing rules for the Medford-
Ashland ozone nonattainment area (OAR 340-22-110(1)(a), effective
October 7, 1983, and a revised ozone ambient air quality standard for
the Lane Regional Air Pollution Authority (Section 31-035 Ozone,
effective July 12, 1983). On December 14, 1983, the State submitted
revisions to the automobile inspection and maintenance program for
Portland (OAR 340-24-306 through 340-24-350, effective November 18,
1983). EPA is also approving OAR 340-27-035 which requires an
``operation and maintenance manual'' for administering the provisions of
the Emergency Episode Plan (effective October 7, 1983).
(66) On October 20, 1982, the State of Oregon Department of
Environmental Quality submitted a revision to the Medford, Oregon,
Carbon Monoxide Attainment Plan which is contained in the Oregon State
Implementation Plan. This plan builds upon the plan submitted in June
1979.
(67) On April 25, 1983, the State Department of Environmental
Quality submitted Section 4.10, ``Medford-Ashland Air Quality
Maintenance Area State Implementation Plan for Particulate Matter.''
(68) Amendments to the Open Burning Rules (OAR 340-23-022 through
115), submitted by the State Department of Environmental Quality on June
5, 1984.
(69) Amendments to the Refuse Burning Equipment Limitations rules,
specifically OAR 340-21-005 (1) and (4), OAR 340-21-025(2)(b), and OAR
340-21-027, were submitted by the State Department of Environmental
Quality on January 16, 1984; and amendments to the Open Field Burning
rules, specifically, the addition of new sections 340-21-001, 340-26-
003, 340-26-031, 340-26-035, 340-26-040 and 340-21-045, revisions to
sections 340-26-005, 340-26-013, 340-26-015, 340-26-010 and replacing it
with a new section 340-26-010, the deletion of the existing section 340-
26-011 and 340-26-020, were submitted by the State Department of
Environmental Quality on March 14, 1984.
(70) On December 10, 1984, the Oregon Department of Environmental
Quality submitted revisions to its Civil Penalty Rules (OAR 340-12)
which deleted Sections 005 through 025 and 052 through 068; amended
Sections 030, 040 and 050; and added Sections 070 and 075. Sections 035
and 045 were retained.
(71) Revisions to the Oregon State Implementation Plan were
submitted by the Director on July 26, 1984, and August 7, 1984.
Revisions are woodstove certification program rules (OAR 340-21-100 to
340-21-190), Oregon Revised Statutes 468.630 to 468.655 and amendment to
field burning introduction (OAR 340-26-001) and repeal the field burning
rules relating to tax credits (OAR 340-26-030).
(i) Incorporation by reference:
(A) Woodstove certification program rules (OAR 340-21-100 to 340-21-
190) as published in the Oregon Administrative Rules, November 1984.
(B) The Oregon Revised Statutes 468.630 to 468.655 as signed by the
Governor on July 5, 1984.
(C) Amendment to the field burning rule introduction (OAR 340-60-
001) as adopted by the Oregon Environmental Commission on June 29, 1984.
(72) Revisions to the Oregon SIP were submitted by the Director on
May 6, 1985. Revisions are: Definitions to the Vehicle Inspection
Operating Rules (OAR 340-24-305 (20) and (22)) and the Light Duty Motor
Vehicle Emission Control Test Method (OAR 340-24-310 through 350 as
amended).
(i) Incorporation by reference.

[[Page 733]]

(A) Amendments to OAR (340-24-305 (20) and (22)) as adopted by the
Environmental Quality Commission on November 2, 1984.
(B) Amendments to OAR 340-24-310 through 350 as amended as adopted
by the Environmental Quality Commission on April 19, 1985.
(73) Amendments to the Lane Regional Air Pollution Authority Rules
for Air Conveying Systems (Title 32, section 800) were submitted by the
State Department of Environmental Quality on May 6, 1985.
(i) Incorporation by reference.
(A) Letter of May 6, 1985, to EPA from the Oregon Department of
Environmental Quality, and Amendments to Title 32, section 800 of the
Lane Regional Air Pollution Authority (LRAPA) as part of the Oregon
State Implementation Plan. Revisions were approved at the LRAPA Board of
Directors meeting on January 8, 1985, and approved by the Environmental
Quality Commission on April 19, 1985.
(74) On September 25, 1984, the State of Oregon Department of
Environmental Quality submitted an amendment to OAR 340-20-047,
specifically Section 5.2 ``VISIBILITY PROTECTION PLAN FOR CLASS I
AREAS.'' On September 25, 1984, October 22, 1985, and March 19, 1986,
the State of Oregon Department of Environmental Quality submitted
amendments to the ``New Source Review'' rules, specifically, amendments
to OAR 340-20-225, OAR 340-20-230(1)(e) and (f), OAR 340-20-245(5), and
OAR 340-20-245(7) (submitted on 9/25/84), amendments to OAR 340-20-
245(3) (submitted on 9/25/84 and 10/22/85), OAR 340-20-276 (submitted on
9/25/84), and amendments to OAR 340-20-276(1) (submitted on 10/22/85 and
3/19/86).
(i) Incorporation by reference.
(A) Letter of September 25, 1984, from the Oregon State Department
of Environmental Quality to EPA Region 10. Revisions to the Oregon
Administrative Rules, Chapter 340, Division 20, adopted by the
Environmental Quality Commission on September 14, 1984, as follows:
(1) OAR 340-20-047, Section 5.2 ``VISIBILITY PROTECTION PLAN FOR
CLASS I AREAS,'' except for ``Reserved'' subsections 5.2.5 ``Best
Available Retrofit Technology,'' 5.2.6 ``Integral Vistas,'' and 5.2.7
``Control Strategies;''
(2) OAR 340-20-225 ``Definitions'' as amended;
(3) OAR 340-20-230 ``Procedural Requirements,'' subsection (1)
``Information Required,'' paragraphs (e) and (f) as amended;
(4) OAR 340-20-245 ``Requirements for Sources in Attainment or
Unclassified Areas (Prevention of Significant Deterioration),''
subsection (5) ``Air Quality Monitoring,'' paragraph (a) as amended;
(5) OAR 340-20-245 ``Requirements for Sources in Attainment or
Unclassified Areas (Prevention of Significant Deterioration),''
subsection (7) ``Sources Impacting Class I areas'' as amended.
(B) Letter of October 22, 1985, from the Oregon State Department of
Environmental Quality to EPA Region 10. Revisions to the Oregon
Administrative Rules, Chapter 340, Division 20, adopted by the
Environmental Quality Commission on September 27, 1985, as follows:
(1) OAR 340-20-245 ``Requirements for Sources in Attainment or
Unclassified Areas (Prevention of Significant Deterioration),''
subsection (3) ``Exemption for Sources Not Significantly Impacting
Designated Nonattainment Areas,'' paragraph (a) as amended.
(C) Letter of March 19, 1986, from the Oregon State Department of
Environmental Quality to EPA Region 10. Revisions to the Oregon
Administrative Rules, Chapter 340, Division 20, adopted by the
Environmental Quality Commission on November 22, 1985, as follows:
(1) OAR-340-20-276 ``Visibility Impact'' as amended.
(75) A revision to the Oregon State Implementation Plan was
submitted by the Director of Department of Environmental Quality (DEQ)
on October 9, 1985, and supplemented with technical appendices on
February 13, 1986. This revision adds a mandatory vehicle Inspection and
Maintenance (I/M) program to the existing Medford Carbon Monoxide plan,
modifies the Oregon I/M regulations for underhood inspections by
eliminating tampering checks of 1974 and older model vehicles and
removes the existing section 110(a)(2)(I) construction moratorium.
(i) Incorporation by reference.

[[Page 734]]

(A) A letter dated October 9, 1985, from Department of Environmental
Quality to EPA Region 10.
(B) A letter dated February 13, 1986, from Department of
Environmental Quality to EPA Region 10.
(C) OAR 340-24-301 (Boundary Designations), OAR 340-24-320 (Light
Duty Motor Vehicle Emission Control Test Criteria), and OAR 340-24-325
(Heavy Duty Motor Vehicle Emission Control Test Criteria), which were
adopted by the Environmental Quality Commission on September 27, 1985.
(D) October 20, 1982 letter to EPA from the Department of
Environmental Quality and section 4.9.3.2 (Emission Reduction Necessary
for Attainment) of the Control Strategy for Medford-Ashland Air Quality
Maintenance Area 1982 State Implementation Plan Revision for Carbon
Monoxide as adopted by the Environmental Quality Commission on October
15, 1982.
(E) Section 4.9.5.1 (Reasonable Further Progress) of the Control
Strategy for Medford-Ashland Air Quality Maintenance Area 1982 State
Implementation Plan Revision for Carbon Monoxide as adopted by the
Environmental Quality Commission on October 15, 1982.
(F) Section 4.9.5.5 (Conformity of Federal Actions) of the Control
Strategy for Medford-Ashland Quality Maintenance Area 1982 State
Implementation Plan Revision for Carbon Monoxide as adopted by the
Enviromental Quality Commission on October 15, 1982.
(G) Section 4.9.4 (Control Strategy) of the Control Strategy for
Medford-Ashland Air Quality Maintenance Area 1982 State Implementation
Plan Revision for the Carbon Monoxide as adopted by the Environmental
Quality Commission on October 15, 1982.
(76) Revisions to the Oregon State Implementation Plan were
submitted by the Director of the Department of Environmental Quality on
August 5, 1985. Revisions are: Extension of existing emission standards
for veneer dryers (OAR 340-25-315) to include sources located in special
problem areas, and the deletion of any references to the implementation
of compliance dates which have already passed.
(i) Incorporation by reference.
(A) Letter of August 5, 1985, from the Department of Environmental
Quality to EPA and Amendments to OAR 340-25-315, Veneer and Plywood
Operations Rule, as adopted by the Environmental Quality Commission on
July 19, 1985.
(77) On February 28, 1985, the Director of the Oregon Department of
Environmental Quality submitted a request to EPA to redesignate the
Medford-Ashland Air Quality Maintenance Area (AQMA) from nonattainment
to attainment for the primary O3 standard and a plan to
maintain that standard.
(i) Incorporation by reference:
(A) Letter of February 28, 1985, from Oregon State Department of
Environmental Quality to EPA Region 10.
(B) Oregon Administrative Rules, Chapter 340, Division 20, Section
4.8 ``Medford-Ashland Air Quality Maintenance Area Plan for Maintenance
of Ozone Standard,'' adopted by the Oregon Environmental Quality
Commission on January 25, 1985.
(78) On May 30, 1986, the State of Oregon Department of
Environmental Quality submitted a new rule, OAR 340-20-037 ``Stack
Heights and Dispersion Techniques'' and requested the deletion of the
existing rules, OAR 340-20-340 and 345 ``Stack Heights and Dispersion
Techniques''. On October 23, 1987, the State of Oregon Department of
Environmental Quality submitted a letter indicating how this new rule
will be implemented until a definition of the terms ``emission
limitation'' and ``emission stan
(i) Incorporation by reference.
(A) Letter of May 30, 1986, from the Oregon State Department of
Environmental Quality to EPA Region 10. Revisions to the Oregon
Administrative Rules, Chapter 340, Division 20, Section 037 ``Stack
Heights and Dispersion Techniques'', adopted by the Environmental
Quality Commission on April 25, 1986.
(B) Letter of October 23, 1987, from the Oregon State Department of
Environmental Quality to EPA Region 10.
(79) Revisions to the Oregon State Implementation Plan were
submitted by the Director of the Department of Environmental Quality of
October 15, 1986. Revisions are: OAR 340-24-330 (Light Duty Motor
Vehicle Emission Control Cutpoints or Standards) and

[[Page 735]]

OAR 340-24-335 (Heavy Duty Gasoline Motor Vehicle Emission Control
Emission Standards).
(i) Incorporation by reference.
(A) Letter dated October 15, 1986 from the Director of the
Department of Environmental Quality to EPA Region 10.
(B) OAR 340-24-330 (Light Duty Motor Vehicle Emission Control
Cutpoints or Standards) as adopted by the Environmental Quality
Commission on September 12, 1986.
(C) OAR 340-24-335 (Heavy Duty Gasoline Motor Vehicle Emission
Control Emission Standards) as adopted by the Environmental Quality
Commission on September 12, 1986.
(80) On May 23, 1986, the State of Oregon Department of
Environmental Quality submitted a new paragraph (12), of OAR 340-20-165
``Fees'', as a revision to the State Implementation Plan. This paragraph
allows regional air pollution authorities to set a permit fee schedule
for sources within their jurisdiction.
(i) Incorporation by reference.
(A) Letter dated May 23, 1986, from the State of Oregon Department
of Environmental Quality to EPA Region 10. Oregon Administrative Rule,
Chapter 340, Division 20, Section 340-20-165 ``Fees'', paragraph (12),
adopted by the Environmental Quality Commission on March 14, 1986.
(81) Oregon Administrative Rules (OAR) Chapter 340, Division 20,
Sections 200 through 215 (Conflict of Interest) submitted by the
Director of the Department of Environmental Quality on May 30, 1986.
These rules apply only to the Department of Environmental Quality and
the Environmental Quality Commission, and not to the Lane Regional Air
Pollution Authority and its Board of Directors.
(i) Incorporation by reference.
(A) Letter dated May 20, 1986, from the State of Oregon Department
of Environmental Quality to EPA Region 10. Oregon Administrative Rules,
Chapter 340, Division 20, Sections 200, 205, 210, and 215 (Conflict of
Interest) which was adopted by the Environmental Quality Commission on
April 25, 1986.
(82) On November 24, 1986, and supplemented on January 8, 1987, the
Director of the Department of Environmental Quality submitted the Grants
Pass carbon monoxide control strategy as a revision to the Oregon State
Implementation Plan.
(i) Incorporation by reference.
(A) Letter dated November 24, 1986, from the Director of the
Department of Environmental Quality to EPA Region 10.
(B) State of Oregon Clean Air Act Implementation Plan Section 4.11
Grants Pass Carbon Monoxide Control Strategy as adopted by the
Environmental Quality Commission on October 24, 1986.
(ii) Additional information.
(A) Letter dated January 8, 1987, from the Director of the
Department of Environmental Quality to EPA Region X.
(B) Technical appendices for the Grants Pass Carbon Monoxide Control
Strategy, Appendix 4.11.1 through 10.
(83) On March 3, 1987, the Director of the Department of
Environmental Quality submitted amendments to the Oregon visibility
protection program as a revisions to the Oregon state implementation
plan, specifically OAR 340-20-047, section 5.2 ``Visibility Protection
Plan for Class I Areas,'' OAR 629-43-043 ``Smoke Management Plan,'' and
Directive 1-4-1-601 ``Operational Guidance for the Oregon Smoke
Management Program.''
(i) Incorporation by reference.
(A) Two letters dated March 3, 1987, from the Director of the
Department of Environmental Quality to EPA Region 10 establishing the
effective dates for Oregon Administrative Rules referenced in paragraphs
(c)(83)(i) (B), (C), and (D) of this section.
(B) Oregon Administrative Rule, Chapter 340, Division 20, section
047, section 5.2 ``Visibility Protection Plan for Class I Areas'' as
adopted by the Environmental Quality Commission on October 24, 1986.
(C) Oregon Administrative Rule, Chapter 629, Division 43, section
043 ``Smoke Management Plan'' as adopted by the Environmental Quality
Commission on December 12, 1986.
(D) Directive 1-4-1-601 ``Operational Guidance for the Oregon Smoke
Management Program'' as adopted by the Environmental Quality Commission
on December 12, 1986.

[[Page 736]]

(84) On September 28, 1988, the Director of the Department of
Environmental Quality submitted the Lane Regional Air Pollution
Authority Section 12-025 ``Conflict of Interest,'' of Title 12, ``Duties
and Powers of Board and Director,'' adopted as Oregon Administrative
Rules, Chapter 340, Division 20, Section 047, as a revision to the State
implementation plan.
(1) Incorporation by reference.
(i) September 28, 1988, letter from the Director of the Department
of Environmental Quality to EPA Region 10.
(ii) Lane Regional Air Pollution Authority Section 12-025 ``Conflict
of Interest,'' of Title 12, ``Duties and Powers of Board and Director,''
as adopted as Oregon Administrative Rules, Chapter 340, Division 20,
Section 047. This rule was adopted by the Environmental Quality
Commission on September 9, 1988.
(85) On February 17, 1989, the State of Oregon Department of
Environmental Quality submitted amendments to the Procedures for
Issuance, Denial, Modification, and Revocation of Permits (OAR 340-14-
007, 010, 020 (and 025), Air Contaminant Discharge Permit Notice Policy
(OAR 340-20-150), and the New Source Review Procedural Requirements (OAR
340-20-230).
(i) Incorporation by reference.
(A) February 17, 1989, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting amendments to the
Oregon state implementation plan.
(B) Oregon Administrative Rules, Chapter 340, Division 14
(Procedures for Issuance, Denial, Modification, and Revocation of
Permits), section -007 (Exceptions); -010 (Definitions) (3); -020
(Application for a Permit) (1), (4)(b), and (5); -025 (Issuance of a
Permit) (2), (3), (4), (5), and (6) as adopted by the Environmental
Quality Commission on June 10, 1988.
(C) Oregon Administrative Rules, Chapter 340, Division 20 (Air
Pollution Control, Air Contaminant Discharge Permit), Section -150 (Air
Contaminant Discharge Permit Notice Policy) as adopted by the
Environmental Quality Commission on June 10, 1988.
(D) Oregon Administrative Rules, Chapter 340, Division 20 (Air
Pollution Control, New Source Review), Section -230 (Procedural
Requirements) (3)(D) as adopted by the Environmental Quality Commission
on June 10, 1988.
(86) Revisions to the Oregon State Implementation Plan were
submitted by the Director of the Department of Environmental Quality on
February 24, 1989. The revision is to OAR-340-24-300 through 350
(Vehicle Inspection Program Operating Rules, Test Procedures and
Licensed Exhaust Analyzer).
(i) Incorporation by reference.
(A) Letter dated February 24, 1989, from the Director of the
Department of Environmental Quality to EPA Region 10.
(B) OAR 340-24-301 [Boundary Designations] (2); OAR 340-24-310
[Light Duty Motor Vehicle Emission Control Test Method] (6); OAR 340-24-
320 (Light Duty Motor Vehicle Emission Control Test Criteria) (3)(a)
introductory text, (3)(b)(4), (5), and (6)(a); OAR 340-24-325 [Heavy
Duty Gasoline Motor Vehicle Emission Control Test Criteria] (3)(a)
introductory text, (4), and (5); OAR 340-24-330 (Light Duty Motor
Vehicle Emission Control Cutpoints or Standards) (3); and OAR 340-24-350
(Gas Analytical System Licensing Criteria) (1)(a)(C), (1)(a)(E), and
(1)(c) as adopted by the Environmental Quality Commission on September
9, 1988.
(87) On May 30, 1986, the Director of the Department of
Environmental Quality submitted revisions to Volume 2 ``The Federal
Clean Air Act Implementation Plan (and Other State Regulations)'' and on
July 11, 1986, a revised Section 3 ``Statewide Regulatory Provisions''
`Subsection 3.1 Oregon Administrative Rule--Chapter 340' (OAR 340-30-
015, 030, 031, 040, and 055) as revisions to the Oregon State
Implementation Plan.
(i) Incorporation by reference.
(A) May 30, 1986, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting amendments to the
Oregon state implementation plan.
(B) July 11, 1986, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting amendments to the
Oregon state implementation plan.
(C) Volume 2 ``The Federal Clean Air Act Implementation Plan (and
Other

[[Page 737]]

State Regulations)'' Section 1 (Introduction); Section 2 (General
Administration); Section 3 (Statewide Regulatory Provisions)
Introduction; Section 4 (Control Strategies for Nonattainment Areas)
Introduction; Section 5 (Control Strategies for Attainment and
Nonattainment Areas) Introduction and Section 5.2 (Prevention of
Significant Deterioration); Section 6 (Ambient Air Quality Monitoring
Program); Section 8 (Public Involvement); and Section 9 (Plan Revisions
and Reporting), dated January 1986, as adopted by the Environmental
Quality Commission on April 25, 1986.
(D) Volume 2 ``The Federal Clean Air Act Implementation Plan (and
Other State Regulations),'' Section 3 (Statewide Regulatory Provisions),
Subsection 3.1 Oregon Administrative Rule--Chapter 340 (OAR 340-14-005
to 050 [Procedures for Issuance, Denial, Modification, and Revocation of
Permits] dated 10-1-89, OAR 340-20-046 [Records; Maintaining and
Reporting] effective 10-1-72, OAR 340-20-047 [State of Oregon Clean Air
Act Implementation Plan] effective 9-30-85, OAR 340-30-015 [Wood Waste
Boilers] effective 10-29-80, and OAR 340-31-105 [Definitions]) effective
9-8-81.
(E) Volume 2 ``The Federal Clean Air Act Implementation Plan (and
Other State Regulations),'' Section 3 ``(Statewide Regulatory
Provisions)'', Subsection 3.1 Oregon Administrative Rule--Chapter 340,
Division 30 (Specific Air Pollution Control Rules for the Medford-
Ashland Air Quality Maintenance Area), Section 015 (Wood Waste Boilers);
Section 030 (Wood Particle Dryers at Particleboard Plants); Section 031
(Hardboard Manufacturing Plants); Section 040 (Charcoal Processing
Plants); and Section 055 (Source Testing) as adopted by the
Environmental Quality Commission on June 13, 1986.
(88) A revision to the Oregon State Implementation Plan was
submitted by the Director of the Oregon Department of Environmental
Quality on September 14, 1989. The revision OAR-340-22-300 (Standard for
Automotive Gasoline) is approved in full with the exception of section
300 (6). EPA only approves the sampling procedures and test methods
specified in 40 CFR part 80 and is taking no action on the other test
procedures referenced in section 300 (6) specifically the ASTM
D323 method and the California Air Resources rule methods.
(i) Incorporation by reference.
(A) Letter dated September 14, 1989, from the Director of the Oregon
Department of Environmental Quality to EPA Region 10. (B) Oregon
Administrative Rule, chapter 340, Division 22 (General Gaseous
Emissions), section 300 (standard for Automotive Gasoline) as adopted by
the Environmental Quality Commission on June 2, 1989.
(89) On January 2, 1991, the Director of the Department of
Environmental Quality submitted revisions to State of Oregon's Air
Quality Control Plan Volume 2 (the Federal Clean Air Act State
Implementation Plan and other State Regulations) as follows: OAR chapter
340, Division 20, Sections 350 to 380 (Excess Emissions). The Department
of Environmental Quality also repealed OAR 340-21-070 and OAR 340-21-075
from the state of Oregon's Air Quality Control Plan Volume 2.
(i) Incorporation by reference.
(A) January 2, 1991, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting amendments to the
Oregon state implementation plan.
(B) Oregon Administrative Rules, Chapter 340, Division 20 (General);
-350 (Purpose and Applicability); -355 (Definitions); -360 (Planned
Startup and Shutdown); -365 (Scheduled Maintenance); -370 (Upsets and
Breakdowns); -375 (Reporting Requirements); and -380 (Enforcement Action
Criteria) as adopted by the Environmental Quality Commission on may 25,
1990, and were effective on January 2, 1991.
(90) On January 14, 1991, the State of Oregon Department of
Environmental Quality submitted amendments to the Parking Offsets in the
Portland Central business District (OAR-340-20-405 through 340-20-430)
in the State of Oregon Air Quality Control Program.
(i) Incorporation by reference.
(A) Letter dated January 4, 1991, from the Director of the
Department of Environmental Quality to EPA Region 10 submitting an
amendment to the Oregon Implementation Plan.

[[Page 738]]

(B) Oregon Administrative Rules Chapter 340, Division 20 (Air
Pollution) Control), section 405 through 430 (Parking Offsets in the
Portland Central Business district). These rules were adopted by the
Environmental Quality Commission on December 14, 1990.
(91) On September 14, 1989, the State of Oregon Department of
Environmental Quality submitted an amendment to the rules for Notice of
Construction and Approval of Plans (OAR-340-20-030).
(i) Incorporation by reference.
(A) September 14, 1989, letter from the Director of the Department
of Environmental Quality to EPA Region 10 submitting amendments to the
Oregon state implementation plan.
(B) Oregon Administrative Rules, Chapter 340, Division 20 (Air
Pollution Control, Notice of Construction and Approval of Plans) Section
-030 (Procedure), (4)(a) as adopted by the Environmental Quality
Commission on April 14, 1989.
(92) On November 15, 1991, the Director of the Department of
Environmental Quality submitted revisions to State of Oregon's Air
Quality Control Plan Volume 2 (the Federal Clean Air Act State
Implementation Plan and other State Regulations) as follows: Division
34--Residential Woodheating in OAR Chapter 340 which contains OAR 340-
34-001 to 34-115 (Oregon Woodstove Certification--previously Division
21-100 to 21-190 of OAR Chapter 340); a new section OAR 340-34-150 to
34-175 (Woodburning Curtailment); and a new section OAR 340-34-200 to
34-215 (Woodstove Removal Contingency Program for PM10
Nonattainment Areas). Also OAR 340-23-030, 043, & 090 (Rules for Open
Burning).
(i) Incorporation by reference.
(A) November 15, 1991, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting amendments to the
Oregon state implementation plan.
(B) Oregon Administrative Rules, Chapter 340, Division 34
(Residential Wood Heating), section--001 (Purpose); -005 (Definitions);
-010 (Requirements for the Sale of Woodstoves); -015 (Exemptions); -020
(Civil Penalties); -050 (Emission Performance Standards &
Certification); -055 (Efficiency Testing Criteria & Procedures); -060
(General Certification Procedures); -065 (Changes in Woodstove Design);
-070 (Labelling Requirements); -075 (Removal Label); -080 (Label
Approval); -085 (Laboratory Accreditation Requirements); -090
(Accreditation Criteria); -095 (Application for Laboratory Efficiency
Accreditation); -100 (On-Site Laboratory Inspection and Stove Testing
Proficiency Demonstration); -105 (Accreditation Application Deficiency,
Notification and Resolution); -110 (Final Department Administrative
Review and Certificate of Accreditation); -115 (Revocation and Appeals);
-150 (Applicability); -155 (Determination of Air Stagnation Conditions);
-160 (Prohibition on Woodburning During Periods of Air Stagnation); -165
(Public Information Program); -170 (Enforcement); -175 (Suspension of
Department Program); -200 (Applicability); -205 (Removal and Destruction
of Uncertified Stove Upon Sale of Home); -210 (Home Seller's
Responsibility to Verify Stove Destruction); -215 (Home Seller's
Responsibility to Disclose) as adopted by the Environmental Quality
Commission on November 8, 1991 and effective on November 13, 1991.
(C) Oregon Administrative Rules, Chapter 340, Division 23 (Rules for
Open Burning), section -030 (Definitions); -043 (Open Burning Schedule);
and -090 (Coos, Douglas, Jackson and Josephine Counties) as adopted by
the Environmental Quality Commission on November 8, 1991 and effective
on November 13, 1991.
(93) On November 15, 1991, the Director of the Department of
Environmental Quality submitted revisions to State of Oregon's Air
Quality Control Plan Volume 2 (The Federal Clean Air Act State
Implementation Plan and other State Regulations) as follows: Division
21--General Emission Standards for Particulate Matter in Chapter 340
which contains OAR 340-21-200 to -245.
(i) Incorporation by reference.
(A) November 15, 1991, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting amendments to the
Oregon State implementation plan.
(B) Oregon Administrative Rules, chapter 340, Division 21 (General
Emission Standards for Particulate Matter)

[[Page 739]]

section Industrial Contingency Requirements for PM-10 Nonattainment
Areas; -200 (Purpose); -205 (Relation to Other Rules); -210
(Applicability); -215 (Definitions); -220 (Compliance Schedule for
Existing Sources); -225 (Wood-Waste Boilers); -230 (Wood Particulate
Dryers at Particleboard Plants); -235 (Hardboard Manufacturing Plants) -
240 (Air Conveying Systems); and -245 (Fugitive Emissions) as adopted by
the Environmental Quality Commission on November 8, 1991 and effective
on November 13, 1991.
(94) On May 30, 1986, and on November 15, 1991, the Director of the
Department of Environmental Quality submitted revisions to State of
Oregon's Air Quality Control Plan Volume 2 (The Federal Clean Air Act
State Implementation Plan and other State Regulations) as follows:
Division 25--Board Products Industries in OAR Chapter 340 which contains
OAR 340-25-305 to 315.
(i) Incorporation by reference.
(A) November 15, 1991, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting amendments to the
Oregon state implementation plan.
(B) Oregon Administrative Rules, Chapter 340, Division 25 (Specific
Industrial Standards) section-305 (Definitions); and -315 (Veneer and
Plywood Manufacturing Operations) as adopted by the Environmental
Quality Commission on November 8, 1991 and effective on November 13,
1991.
(C) May 30, 1986, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting amendments to the
Oregon state implementation plan.
(95) On May 20, 1988, the Director of the Department of
Environmental Quality submitted revisions to State of Oregon's Air
Quality Control Plan Volume 2 (The Federal Clean Air Act State
Implementation Plan and other State Regulations) as follows: Chapter 340
Division 27 (Air Pollution Emergencies) section -005, -010, and -012.
(i) Incorporation by reference.
(A) May 20, 1988, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting amendments to the
Oregon state implementation plan.
(B) Oregon Administrative Rules, chapter 340, Division 27 (Air
Pollution Emergencies) section -005 (Introduction); -010 (Episode Stage
Criteria for Air Pollution Emergencies) and -012 (Special Conditions) as
adopted by the Environmental Quality Commission on April 29, 1988, and
effective on May 19, 1988.
(96) On May 30, 1986, December 5, 1986, May 8, 1987, March 3, 1989,
March 12, 1990, June 8, 1990, and November 15, 1991, the Director of the
Department of Environmental Quality submitted revisions to the State of
Oregon's Air Quality Control Plan Volume 2 (The Federal Clean Air State
Implementation Plan and Other State Regulations). The revisions updated
the Lane Regional Air Pollution Authority rules by adding new Titles 12,
14, 34, 38, and 47; revising existing Titles 11, 12, 15 (previously
Title 13), 32, 33, 50 (previously Title 31), and 51; rescinding existing
Titles 21, 22, and 36; and removing existing Titles 20, 42, 44, and 45
from the EPA-approved state implementation plan.
(i) Incorporation by reference.
(A) May 30, 1986, letter from the Director of the Oregon Department
of Environmental Quality (ODEQ) to EPA Region 10 submitting amendments
to the Oregon state implementation plan. Revisions were to: Title 11
(Policy and General Provisions), Title 12 (General Duties and Powers of
Board and Director), Title 14 (Definitions), Title 32 (Emission
Standards) and Title 33 (Prohibited Practices and Control of Special
Classes), Title 34 (Air Contaminant Discharge Permits), Title 38 (New
Source Review), and Title 47 (Rules for Open Outdoor Burning) as adopted
by the Environmental Quality Commission on April 25, 1986, and state
effective on May 8, 1986.
(B) December 5, 1986, letter from the Director of ODEQ to EPA Region
10 submitting amendments to the Oregon state implementation plan.
Revisions were to: Title 14 (Definitions) and Title 38 (New Source
Review) as adopted by the Environmental Quality Commission on October
24, 1986, and state effective on October 24, 1986.
(C) May 8, 1987, letter from the Director of ODEQ to EPA Region 10
submitting amendments to the Oregon state

[[Page 740]]

implementation plan. Revisions were to: Title 34 (Air Contaminant
Discharge Permits) as adopted by the Environmental Quality Commission on
April 17, 1987, and state effective on April 22, 1987.
(D) March 3, 1989, letter from the Director of ODEQ to EPA Region 10
submitting amendments to the Oregon state implementation plan. Revisions
were to: Title 34 (Air Contaminant Discharge Permits), as adopted by the
Environmental Quality Commission on November 4, 1988, and state
effective on December 20, 1988.
(E) March 3, 1989, letter from the Director of ODEQ to EPA Region 10
submitting amendments to the Oregon state implementation plan. Revisions
were to: Title 14 (Definitions), Title 31 which was revised and
repromulgated as Title 50 (Ambient Air Standards), Title 38 (New Source
Review), and Title 51 (Air Pollution Emergencies), as adopted by the
Environmental Quality Commission on November 4, 1988, and state
effective on December 20, 1988.
(F) March 12, 1990, letter from ODEQ to EPA Region 10 submitting
amendments to the Oregon state implementation plan. Revisions were to:
Title 34 (Air Contaminant Discharge Permits) as adopted by the
Environmental Quality Commission on March 2, 1990, and state effective
on February 14, 1991.
(G) June 8, 1990, letter from the Director of ODEQ to EPA Region 10
submitting amendments to the Oregon state implementation plan. Revisions
were to: Title 13 (Enforcement Procedures) which was revised and
repromulgated as Title 15 (Enforcement Procedures and Civil Penalties)
as adopted by the Environmental Quality Commission on May 25, 1990, and
state effective on February 14, 1991.
(H) November 15, 1991, letter from the Director of ODEQ to EPA
Region 10 submitting amendment to the Oregon state implementation plan.
Revisions were a new Title 12 (Definitions), and changes to Title 34
(Air Contaminant Discharge Permits) and Title 38 (New Source Review) as
adopted by the Environmental Quality Commission on November 8, 1991, and
state effective on November 13, 1991.
(I) August 26, 1993, supplemental information letter from ODEQ to
EPA Region 10 assuring EPA that draft and proposed regulations submitted
from Lane Regional Air Pollution Authority (LRAPA) as final versions of
the rules were in fact made final with no change.
(97) On October 13, 1989, and November 15, 1991, the Director of the
Department of Environmental Quality submitted revisions to OAR chapter
340 Division 30 (Specific Air Pollution Control Rules for Areas With
Unique Air Quality Control Needs) as revisions to the State of Oregon's
Air Quality Control Plan Volume 2 (The Federal Clean Air State
Implementation Plan and Other State Regulations).
(i) Incorporation by reference.
(A) October 13, 1989, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting amendments to the
Oregon state implementation plan.
(B) November 15, 1991, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting amendments to the
Oregon state implementation plan.
(C) Oregon Administrative Rule 340 Division 30 (Specific Air
Pollution Control Rules for Medford-Ashland Air Quality Maintenance Area
and the Grants Pass Urban Growth Area) -010 (Definitions); -015 (Wood
Waste Boilers) (except for (3)(c)); -025 (Air Conveying Systems); -040
(Charcoal Producing Plants); -043 (Control of Fugitive Emissions
(Medford-Ashland AQMA Only); -044 (Requirement for Operating and
Maintenance Plans (Medford-Ashland AQMA Only); -045 (Compliance
Schedules); -046 (Emission Limits Compliance Schedules); -050
(Continuous Monitoring); -055 (Source Testing; -065 (New Source); -067
(Rebuilt Sources); as adopted by the Environmental Quality Commission on
September 7, 1989, and effective on September 7, 1989.
(D) Oregon Administrative Rule 340 Division 30 (Specific Air
Pollution Control Rules for Areas with Unique Air Quality Control Needs)
section -005 (Purpose and Application; -010 (Definitions); -012
(Application); -015 (Wood Waste Boilers) (except for (3)(c)); -021
(Veneer Dryer Emission Limitations); -030 (Wood Particle Dryers At
Particleboard Plants); -043 (Control of Fugitive Emissions (Medford-
Ashland AQMA Only); -044 (Requirements for

[[Page 741]]

Operating and Maintenance Plans (Medford-Ashland AQMA Only); -046
(Emission Limits Compliance Schedules); -050 (Continuous Monitoring); -
055 (Source Testing); -065 (New Sources); -067 (Rebuilt Sources); -115
(Dual Fuel Feasibility Study for Wood-Waste Boilers); -200
(Application), -205 (Compliance Schedule for Existing Sources), -210
(Woodwaste Boilers); -215 (Wood Particle Dryers At Particleboard
Plants); -220 (Hardboard Manufacturing Plants); -225 (Air Conveying
System), and -230 (Fugitive Emissions) as adopted by the Environmental
Quality Commission on November 8, 1991, and effective on November 13,
1991.
(98) On October 14, 1992, the Director of the Department of
Environmental Quality submitted revisions to Oregon's Sampling Manual
(Volumes I and II) and the inclusion of a new Continuous Emission
Monitoring Manual as revision to the State of Oregon's Air Quality
Control Plan Volume 2 (The Federal Clean Air State Implementation Plan
and Other State Regulations).
(i) Incorporation by reference.
(A) October 14, 1992, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting amendments to the
Oregon state implementation plan.
(B) Oregon's Sampling Manual (Volumes I and II) as adopted by the
Oregon Environmental Quality Commission on January 23, 1992, and
effective on January 23, 1992.
(C) Continuous Emission Monitoring Manual as adopted by the Oregon
Environmental Quality Commission on January 23, 1992, and effective on
February 4, 1992.
(99) On November 21, 1990, the Director of the Department of
Environmental Quality (ODEQ) submitted a State Implementation Plan for
Particulate Matter, Grants Pass, Oregon, Moderate Nonattainment Area, A
Plan for Attaining and Maintaining the National Ambient Air Quality
Standards for PM10. On November 15, 1991, the Director of
ODEQ submitted an Addendum to the November 21, 1990 submittal.
(i) Incorporation by reference.
(A) November 21, 1990, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting revisions to the
Oregon state implementation plan.
(B) November 15, 1991, letter from the Director of the Department of
Environmental Quality to EPA Region 10 submitting revisions to the
Oregon state implementation plan.
(C) State Implementation Plan for Particulate Matter, Grants Pass,
Oregon Nonattainment Area, A Plan for Attaining and Maintaining the
National Ambient Air Quality Standards for PM10 dated
November 1990, adopted by the Environmental Quality Commission on
November 2, 1990 and effective on November 2, 1990.
(D) PM10 Control Strategy for Particulate Matter
(Addendum) Grants Pass, Oregon Nonattainment Area, A Plan for Attaining
and Maintaining the National Ambient Air Quality Standards for
PM10 dated October 1991, adopted by the Environmental Quality
Commission on November 8, 1991, and effective on November 13, 1991.
(100) On May 15, 1991, the Director of the Department of
Environmental Quality submitted revisions to the State of Oregon
Implementation plans for volatile organic compound emissions (OAR 340-
22-100 through 340-22-220, General Emission Standards for Volatile
Organic Compounds), to bring about attainment of the National ambient
air quality standards in ozone nonattainment areas.
(i) Incorporation by reference.
(A) May 15, 1991, letter from Oregon Department of Environmental
Quality to EPA Region 10 submitting the VOC nonattainment area state
implementation plan for Oregon.
(B) OAR 340-22-100 through 340-22-220, General Emission Standards
for Volatile Organic Compounds, as adopted on May 14, 1991, and became
effective on May 16, 1991.
(101) On July 28, 1989, the state of Oregon, through the Oregon
Department of Environmental Quality, submitted a maintenance plan and a
request to redesignate Eugene-Springfield to attainment for carbon
monoxide (CO).
(i) Incorporation by reference.
(A) July 28, 1989, letter from Oregon Department of Environmental
Quality

[[Page 742]]

to EPA Region 10 submitting a maintenance plan and a redesignation
request for the Eugene-Springfield CO Air Quality Maintenance Area
(AQMA). This plan was submitted as an amendment to the State of Oregon
Implementation Plan and adopted by the Oregon Department of
Environmental Quality Commission on December 9, 1988.
(B) Attainment Demonstration and Maintenance Plan for the Eugene-
Springfield AQMA for CO.
(C) Letter from Lane Regional Air Pollution Authority and Lane
Council of Governments, dated February 27, 1992, to EPA Region 10,
committing to submit a contingency plan if a violation of the CO NAAQS
occurs.
(102) On November 16, 1992, and on November 15, 1993, the Director
of the Department of Environmental Quality submitted Emission Statement
Rules as amendments to the State of Oregon Implementation Plan. The
November 15, 1993, Emission Statement Rules revision to OAR chapter 340,
Division 28, State of Oregon Implementation Plan, superseded the
November 16, 1992 submittal.
(i) Incorporation by reference.
(A) November 16, 1992, letter from Oregon Department of
Environmental Quality to EPA Region 10 submitting the emission statement
SIP revision. This revision was submitted as an amendment to the State
of Oregon Implementation Plan and adopted by the Environmental Quality
Commission on November 10, 1992.
(B) Emission Statement Rules submitted as an amendment to the State
of Oregon Implementation Plan, effective November 12, 1992.
(C) November 15, 1993, letter from Oregon Department of
Environmental Quality to EPA Region 10 submitting a revision to the
Emission Statement Rules. This revision was submitted as an amendment to
the State of Oregon Implementation Plan and adopted by the Environmental
Quality Commission on September 10 and October 29, 1993.
(D) Emission Statement Rules submitted as an amendment to the State
of Oregon Implementation Plan, revising the air quality regulations in
OAR, Chapter 340, Division 28, effective September 24, 1993.
(E) December 20, 1993, Completeness Determination letter to Oregon
Department of Environmental Quality from EPA Region 10, advising that
the November 15, 1993, Emission Statement Rules submittal is a
technically and administratively complete SIP revision.
(103) On May 14, 1993, the Director of the Oregon Department of
Environmental Quality (ODEQ) submitted a committal state implementation
plan (SIP) for a basic inspection and maintenance (I/M) program for
Portland and Medford-Ashland CO nonattainment areas. On November 15,
1993, ODEQ submitted the basic I/M program.
(i) Incorporation by reference.
(A) May 14, 1993, letter from the Director of ODEQ to EPA Region 10
submitting a committal SIP for the I/M program.
(B) November 15, 1993, letter from the Director of ODEQ to EPA
Region 10 submitting the I/M program for moderate CO nonattainment
areas.
(C) OAR 340-24-309 through 350, ``Motor Vehicles,'' adopted on
October 29, 1993, and effective on November 4, 1993.
(104) On November 16, 1992, the Oregon State Department of
Environmental Quality submitted the formal SIP revision to Oregon's
Administrative Rules (OAR) 340-20-136 and 340-22-440 through 340-22-640,
adopted as part of the state of Oregon Clean Air Act Implementation Plan
through OAR 340-20-047. This revision establishes and requires the
implementation of an oxygenated gasoline program in the Clackamas,
Jackson, Multnomah, Washington and Yamhill counties, and an eleven by
twelve mile area surrounding Klamath Falls and a nine mile by nine mile
area surrounding Grants Pass.
(i) Incorporation by reference.
(A) The November 16, 1992, letter from the Director of the Oregon
State Department of Environmental Quality to EPA Region 10 submitting
revisions to the Oregon SIP.
(B) Revisions to the Oregon SIP: Rules on Oxygenated Fuels, OAR 340-
20-136 and 340-22-440 through 340-22-640, adopted as part of the State
of Oregon Clean Air Act Implementation Plan

[[Page 743]]

through OAR 340-20-047, effective November 1, 1992.
(105) On November 15, 1993, the Director of ODEQ submitted Oregon's
contingency measure plan as a revision to Oregon's SIP for carbon
monoxide (CO) for Grants Pass, Medford, Portland, and Klamath Falls,
Oregon.
(i) Incorporation by reference.
(A) November 15, 1993, letter from the Director of ODEQ to EPA
Region 10 submitting amendments to the Oregon SIP.
(B) Oregon Administrative Rules, Chapter 340-22-440 through 340-22-
650, Vol. 2, Sections 4.2, 4.9, 4.ll, Carbon Monoxide Control
Strategies, effective November 4, 1993.
(106) On February 4, 1994, the Oregon Department of Environmental
Quality (ODEQ) submitted the formal SIP revision to Oregon's
Administrative Rules (OAR) 340-34-005 through 340-34-115 (Residential
Woodheating and Woodstove Certification Program). This revision includes
the repeal of OAR 340-34-55, OAR 340-34-65 as well as OAR 340-34-075
through 340-34-115.
(i) Incorporation by reference.
(A) February 4, 1994, letter from the Director of ODEQ to EPA Region
10 submitting a revision to the Woodstove Certification and Efficiency
Testing Program.
(B) OAR 340-34-005 through 115, Residential Woodheating and
Woodstove Certification Program, adopted on December 10, 1993, and
effective on January 3, 1994.
(107) On November 15, 1991, the ODEQ submitted a PM-10 nonattainment
area SIP for La Grande, Oregon.
(i) Incorporation by reference.
(A) November 15, 1991 letter from ODEQ to EPA Region 10 submitting
the PM-10 nonattainment area SIP for La Grande, Oregon.
(B) PM-10 Control Strategy for Particulate Matter, October 1991, La
Grande, Oregon Nonattainment Area, as adopted by the Environmental
Quality Commission on November 8, 1991.
(108) On November 15, 1991 the Director of ODEQ submitted amendments
to Oregon's SIP to include a PM-10 control strategy for Eugene-
Springfield and LRAPA title 39.
(i) Incorporation by reference.
(A) November 15, 1991 letter from the Director of ODEQ to EPA Region
10 submitting amendments to the Oregon SIP.
(B) The PM-10 control strategy for Eugene-Springfield, adopted by
the OEQC on January 31, 1991, and LRAPA title 39 (Contingency for PM-10
sources in the Eugene-Springfield nonattainment area), adopted by the
OEQC on November 8, 1991.
(C) April 13, 1994 letter from the Director of ODEQ to EPA Region 10
submitting amendments to the Oregon SIP.
(D) Amendments to Lane Regional Air Pollution Authority Rules as a
revision to the Oregon SIP (title 16), adopted by the OEQC on March 11,
1994.
(109) On October 27, 1993, the Director of ODEQ submitted OAR 340-
24-307, Motor Vehicle Inspection Program Fee Schedule, as an amendment
to the Oregon SIP. On November 15, 1993, the Director of ODEQ submitted
Section 3.1, OAR 340-24-309 through 340-24-350 and section 5.4, Motor
Vehicle Inspection and Maintenance Plan, as amendments to the Oregon
SIP. On June 14, 1994 EPA's Regional Administrator, Chuck Clarke,
received Section 3.1, OAR 340-24-309 through 340-24-355 and section 5.4,
Motor Vehicle Inspection and Maintenance Plan, from the Director of ODEQ
as amendments to the Oregon SIP.
(i) Incorporation by reference.
(A) October 27, 1993 letter from the Director of ODEQ to the
Regional Administration of EPA submitting a revision to the Oregon SIP,
Motor Vehicle Inspection Program Fee Schedule.
(B) November 15, 1993 letter from the Director of ODEQ to the
Regional Administrator of EPA submitting revisions to the Oregon SIP,
Vehicle Inspection and Maintenance Program.
(C) June 13, 1994 letter from the Director of ODEQ to the Regional
Administrator of EPA submitting revisions to the Oregon SIP, Vehicle
Inspection and Maintenance Program.
(D) Oregon's Motor Vehicle Inspection Program Fee Schedule, OAR 340-
24-307, adopted by the Environmental Quality Commission on January 29,
1993.
(E) Oregon's Vehicle Inspection and Maintenance Program, OAR 340-24-
309,

[[Page 744]]

310, 315, 320, 330, 335, 340, 350, and Volume 2 Section 5.4, Motor
Vehicle Inspection and Maintenance Plan, adopted by the Environmental
Quality Commission on October 29, 1993.
(F) Oregon's Vehicle Inspection and Maintenance Program, Section
3.1, OAR 340-24-300 through 340-24-355, and Section 5.4, adopted by the
Environmental Quality Commission on June 3, 1994.
(110) On May 28, 1993, the Director of ODEQ submitted two separate
sets of revisions to its air quality regulations, OAR, Chapter 340,
Division 25. One submittal was housekeeping amendments affecting all of
Division 25; the second submittal was specifically Kraft Pulp Mill rules
(OAR 340-25-150 through -205) and Neutral Sulfite Semi-Chemical Pulp
Mill regulations (OAR 340-25-220 through -234). On November 15, 1993,
the Director of ODEQ submitted a revision to OAR, Chapter 340, Division
25. On April 13, 1994, the Director of ODEQ submitted revisions to the
Oregon SIP for LRAPA's Title 47, Outdoor Open Burning.
(i) Incorporation by reference.
(A) EPA received on May 28, 1993, two letters from the Director,
ODEQ, to the Regional Administrator, EPA, submitting housekeeping
amendments to Division 25: Housekeeping amendments to Division 25 (OAR
340-25-005 through 025 and OAR 340-25-105 through 340-25-430), effective
March 10, 1993; and revisions to the Oregon SIP for Kraft Pulp Mill
Amendments and Neutral Sulfite Semi-Chemical Pulp Mill Regulations:
Kraft Pulp Mill Rules (OAR 340-25-150 through 205) and the Neutral
Sulfite Semi-Chemical Pulp Mill Pulp Mills (OAR 340-25-220 through 234),
excluding all references to total reduced sulfur, effective January 24,
1990.
(B) November 15, 1993, letter from the Director, ODEQ, to the
Regional Administrator, EPA, submitting revisions to the Oregon SIP for
OAR, Chapter 340, Division 25: Amendments to OAR Chapter 340, Division
25 (OAR 340-25-160, 340-25-222, 340-25-275, 230-25-310, 340-25-420),
effective November 4, 1993.
(C) April 13, 1994, letter from the Director, ODEQ, to the Regional
Administrator, EPA, submitting revisions to LRAPA, Title 47: Title 47,
Lane Regional Air Pollution Authority, August 11, 1992, Outdoor Open
Burning, effective January 1, 1993.
(111) The EPA approves a revision to the State of Oregon's Air
Quality Control Plan Volume 2 (The Federal Clean Air Act State
Implementation Plan and other State Regulations), specifically a
revision to Section 2.2--Legal Authority and a revision to Chapters 468
and 468A of the Oregon Revised Statutes (ORS).
(i) Incorporation by reference.
(A) On July 29, 1992 and August 30, 1994, ODEQ submitted to EPA a
revision to Oregon Revised Statutes (ORS), Chapter 468 (1993 Edition),
and Chapter 468A (1993 Edition), both of which were amended and adopted
through August 1993 and in effect on November 4, 1993; and a revised
Section 2.2--Legal Authority, including subsections 2.2.1 through 2.2.9,
dated and revised July 29, 1992, the date of the official attached
transmittal letter.
(112) On November 16, 1992, the Director for the Oregon Department
of Environmental Quality (ODEQ) submitted the Oregon State Small
Business Stationary Source Technical and Environmental Compliance
Assistance Program and on May 16, 1995, the Administrator for ODEQ
submitted the Small Business Assistance Program Confidentiality Option
as revisions to the Oregon State Implementation Plan.
(i) Incorporation by reference.
(A) The November 16, 1992 letter from the Director of the Oregon
Department of Environmental Quality submitting the Small Business
Stationary Source Technical and Environmental Compliance Assistance
Program to EPA; The Oregon Air Quality Small Business Assistance Program
State Implementation Plan Revision adopted on October 16, 1992, and
evidence that the State has the necessary legal authority, Oregon
Revised Statutes 468A.330 (Small Business Stationary Source Technical
and Environmental Compliance Assistance Program).
(B) The May 16, 1995 letter from the Administrator of the Oregon
Department of Environmental Quality, Air Quality Division, submitting
the Small Business Assistance Program confidentiality option to EPA; The
Air Quality Guidance, Restriction of Information

[[Page 745]]

Obtained by the AQ Small Business Assistance Program adopted on May 16,
1995.
(113) On April 14, 1995, the Oregon Department of Environmental
Quality submitted a revision to its SIP for the State of Oregon to
include the Transportation Conformity: OAR 340-20-710 through 340-20-
1080.
(i) Incorporation by reference.
(A) April 14, 1995 letter from ODEQ director Lydia Taylor to EPA
Regional Administrator Chuck Clarke submitting a revision to the Oregon
SIP to include the Transportation Conformity: OAR 340-20-710 through
340-20-1080; Division 20, Air Pollution Control, Criteria and Procedures
for Determining Conformity to State or Federal Implementation Plans of
Transportation Plans, Programs, and Projects Funded or Approved Under
Title 23 U.S.C. or the Federal Transit Act, effective March 29, 1995.
(114) On November 20, 1995, the Director of the Oregon Department of
Environmental Quality (ODEQ) submitted a Reasonably Available Control
Technology Standards (RACT) determination for VOC emissions from the
Intel Corporation facility in Portland, Oregon.
(i) Incorporation by reference.
(A) The letter dated November 20, 1995, from the Director of ODEQ
submitting a SIP revision for a RACT determination contained in Intel's
Oregon Title V Operating Permit for VOC emissions, consisting of permit
34-2681 expiration date 10-31-99, page 11 of 32 pages,
effective date September 24, 1993 (State-effective date of the Oregon
Title V Program).
(115) A minor revision consisting of clarification of existing air
quality control regions and nonattainment and maintenance areas of
Oregon (the revision did not change any existing boundaries) was
submitted to EPA from ODEQ for inclusion into the Oregon SIP.
(i) Incorporation by reference.
(A) Letter dated September 20, 1995 from the Director of the ODEQ to
the EPA Regional Administrator submitting a revision to better define
Oregon's existing air quality boundaries found in State regulations OAR
340-23-065 through 340-23-075 (Rules for Open Burning), OAR 340-31-120
(Air Pollution Control Standards for Air Purity and Quality), and OAR
340-31-500 through 340-31-530 (The Air Quality Control Regions and
Nonattainment and Maintenance Areas of Oregon), effective May 25, 1995.
(116) On May 27, 1993, September 27, 1995, and October 8, 1996, the
Director of ODEQ submitted to the Regional Administrator of EPA
revisions to its Oregon SIP: the Oregon Administrative Rules (OAR),
Housekeeping Amendments (Chapter 340, Divisions 21 through 24, 26, 27,
30, and 34); OAR, Division 22, General Gaseous Emissions (340-22-100, -
130, and -137); and OAR, Divisions 20, 21, 22, 25, 27 and 30).
(i) Incorporation by reference.
(A) May 27, 1993, letter from ODEQ to EPA submitting a revision to
the Oregon Administrative Rules: Housekeeping Amendments, Oregon
Administrative Rules, Chapter 340, Divisions 21 through 24, 26, 27, 30,
and 34, State-effective on March 10, 1993.
(B) September 27, 1995, letter from ODEQ to EPA submitting a
revision to the Oregon Administrative Rules: Permits and Fees for Stage
I Vapor Recovery Program, Division 22, General Gaseous Emissions,
Sections 100, 130, and 137, State-effective on November 2, 1994.
(C) October 8, 1996, letter from ODEQ to EPA submitting a revision
to the Oregon Administrative Rules: OAR 340-020-0047 (State-effective on
September 24, 1996); OAR 340-21-0005, -0015, -0020, -0025, -0030, -0035,
-0045, -0050, and -0235 (State-effective on January 29, 1996); OAR 340-
022-0102 (State-effective on March 29, 1996), and -0130 (State-effective
on December 6, 1995); OAR 340-025-0260 and -0265 (State-effective on
December 6, 1995), -0280 (State-effective on December 6, 1995), -0320
and -0325 (State-effective on January 29, 1996); OAR -027-0005 (State-
effective on September 24, 1996); OAR 030-0007, -0010 and -0031 (State-
effective on January 29, 1996).
(D) Based on a SIP revision submitted by Oregon on February 16,
2001, Oregon Administrative Rules Chapter 340, Division 23 ``Rules for
Open Burning,'' as effective March 10, 1993, is removed from the SIP.

[[Page 746]]

(117) On November 20, 1996, the Director of the Oregon Department of
Environmental Quality (ODEQ) submitted source-specific Reasonably
Available Control Technology (RACT) determinations to EPA as SIP
revisions for VOC emissions standards.
(i) Incorporation by reference.
(A) Two letters dated November 20, 1995, from Director of the Oregon
Department of Environmental Quality (ODEQ) submitting SIP revisions for
RACT determinations for VOC emissions for: Cascade General, Inc., a ship
repair yard in Portland, Oregon, Permit No. 26-3224 (issued to the Port
of Portland), dated October 4, 1995; and, White Consolidated, Inc.
(doing business as Schrock Cabinet Co.), a wood cabinet manufacturing
facility in Hillsboro, Oregon, Permit No. 34-2060, dated August 1, 1995.
(118) On October 13, 1989, the Director of the Oregon Department of
Environmental Quality submitted an amendment to OAR Chapter 340,
Division 30. On May 28, 1993, the Director of the Oregon Department of
Environmental Quality submitted amendments to OAR Chapter 340, Division
14, and Division 31. On November 15, 1993, the Director of the Oregon
Department of Environmental Quality submitted amendments to OAR Chapter
340, Division 14, Division 20, and Division 31, and a new Division 28.
On November 14, 1994, June 1, 1995, October 8, 1996, and January 22,
1997, the Director of the Oregon Department of Environmental Quality
submitted amendments to OAR Chapter 340, Division 28. On September 27,
1995, the Director of the Oregon Department of Environmental Quality
submitted amendments to OAR Chapter 340, Division 31.
(i) Incorporation by reference.
(A) OAR 340-14-005, -010, -015, -020, -025, -030, -035, -040, -045,
and -050, effective March 10, 1993; and OAR 340-14-007, effective
September 24, 1993.
(B) OAR 340-28-500, -510, -520, -810, -1030, -1040, -1120, -1130, -
1400, -1450, -1520, -1600, -1700, -1710, and -1920, effective September
24, 1993; OAR 340-28-100, -200, -300, -700, -800, -820, -900, -1000, -
1020, -1100, -1110, -1140, -1420, -1440, -1500, -1510, -1730, -1740, -
1750, -1760, -1770, -1900, -1940, -1950, -1960, -1970, -1980, -1990, and
-2000, effective November 4, 1993; OAR 340-28-600, -610, -620, and -640,
effective January 1, 1994; OAR 340-28-1910 and -2270, effective October
29, 1994; OAR 340-28-1930, effective May 1, 1995; OAR 340-28-1060,
effective January 29, 1996; OAR 340-28-1410 and -1430, effective
September 24, 1996; and OAR 340-28-110, -400, -630, -1010 and -1720,
effective October 22, 1996.
(C) OAR 340-30-111, effective September 26, 1989.
(D) OAR 340-31-010, 340-31-015, 340-31-020, 340-31-025, 340-31-030,
340-31-040, 340-31-055, 340-31-100, 340-31-115, and 340-31-130,
effective March 10, 1993; and OAR 340-31-005, OAR 340-31-110, and 340-
31-120, effective July 12, 1995.
(119) November 15, 1991, and September 20, 1995, letters from the
Director, Oregon Department of Environmental Quality, to the Region 10
Regional Administrator, EPA, submitting the PM-10 Klamath Falls, Oregon,
PM-10 Control Plan and amendments as revisions to its SIP.
(i) Incorporation by reference.
(A) State Implementation Plan for PM-10 in Klamath Falls, dated
October 1991 and revised August 1995; and Appendix 4: Ordinances and
Commitments, Ordinance No. 6630 (adopted September 16, 1991), and
Ordinance No. 63 (adopted July 31, 1991)--Chapters 170 and 406.
(120) The Oregon Department of Environmental Quality (ODEQ) and the
Washington Department of Ecology (WDOE) submitted Maintenance Plans that
demonstrate continued attainment of the NAAQS for O3 and
requested redesignation of the Pdx/Van interstate nonattainment area
from nonattainment to attainment for O3. The SIP revision
requests were submitted by the WDOE on June 13, 1996, and by ODEQ on
August 30, 1996. A number of other O3 supporting revisions
were included in this submittal, such as: the 1990 O3
Emission Inventories; changes to the NSR programs; regulations
implementing the hybrid low enhanced I/M programs; an expanded vehicle
inspection boundary; minor RACT rule changes (Vancouver only); Employee
Commute Options rule (Portland only); Voluntary Parking Ratio rule
(Portland only); PSEL management rules (Portland only); and local area
source supporting rules.

[[Page 747]]

(i) Incorporation by reference.
(A) Ozone Maintenance Plan and Redesignation Request for the
Portland/Vancouver AQMA (Oregon Portion) effective August 14, 1996.
(B) Oregon Inspection and Maintenance SIP revision to Section 5.4;
OAR 340-024-0100, -0300, -0305, -0306, -0307, -0308, -0309, -0312 (with
the exception of all language in (4) (a) referring to a ``sixth hill
extrapolation''), -0314 , -0318, -0320, -0325, -0330, -0332, -0335, -
0337, -0340, -0355, -0357, and -0360, State effective on November 26,
1996.
(C) New Source Review: OAR 340-020-0047; OAR 340-028-0110, 1900
through 1940, 1960, 1970, and 2000; OAR 340-030-0111, State effective on
November 26, 1996.
(D) Supporting Regulations approved as part of the Ozone non-
attainment redesignation package: OAR 340-022-0400, -0401, -0402, -0403,
-0700, -0710, -0720, -0730, -0740, -0750, -0760, -0800, -0810, -0820, -
0830, -0840, -0850, -0860, -0900, -0910, -0920, -0930, -0940, -0950, -
1000, -1010, -1020, -1030, -1040, -1050, -1100, -1110, -1120, -1130,
State effective on 8/14/96; OAR 340-024-0301, State effective on 8/12/
96; OAR 340-030-0700, -0710, -0720, -0730, -0740, -0800, -0810, -0820, -
0830, -0840, -0850, -0860, -0870, -0880, -0890, -0900, -0910, -0920, -
0930, -0940, -0950, -0960, -0970, -0980, -0990, -1000, -1010, -1020, -
1030, -1040, -1050, -1060, -1070, -1080, -1100, -1110, -1120, -1130, -
1140, -1150, -1160, -1170, -1180, -1190, State effective on 8/14/96; and
OAR 340-031-0500, -0520, -0530, State effective on 8/19/96.
(121) On April 7, 1997, the Director of the Oregon Department of
Environmental Quality (ODEQ) submitted a Reasonably Available Control
Technology (RACT) determination for VOC emissions from PCC Structurals,
Inc., Large Parts Campus, at 4600 SE Harney Drive, Portland, Oregon.
(i) Incorporation by reference.
(A) The letter dated April 7, 1997, from the Director of ODEQ
submitting a SIP revision for a RACT determination contained in PCC
Structurals, Inc.'s Oregon Title V Operating Permit for VOC emissions,
consisting of permit 26-1867, expiration date 4-1-2000,
effective date April 4, 1997. Only conditions 19, 20, and 21 in PCC
Structurals' Addendum No. 2 to permit 26-1867 are incorporated
into the SIP.
(122) On August 30, 1996, the Director of the Oregon Department of
Environmental Quality submitted to the Regional Administrator of EPA a
revision to the Carbon Monoxide State Implementation Plan for the
Portland area containing a Maintenance Plan that demonstrated continued
attainment of the NAAQS for carbon monoxide through the year 2007.
(i) Incorporation by reference.
(A) Letter dated August 30, 1996, from Oregon to EPA requesting the
redesignation of the Portland carbon monoxide nonattainment area to
attainment and submitting the Maintenance Plan; Revision to the State
Implementation Plan: Carbon Monoxide Maintenance Plan and Redesignation
Request for the Portland Metro Area, adopted July 12, 1996.
(B) Letter dated April 17, 1997, from Oregon to EPA submitting
replacement pages to the Maintenance Plan and appendices.
(ii) Additional material.
(A) Appendices to the Maintenance Plan and Redesignation Request for
Portland (Metro) Area--State Implementation Plan Revision for Carbon
Monoxide, dated July 12, 1996: Appendix D2-1 (Volume 3), CO Air
Monitoring Network; Appendix D2-2 (Volume 3), Meteorological Analysis;
Appendix D2-3 (Volume 3), Review of Bag Study Results Which Demonstrates
The DEQ Network of Sites Records Higher CO Concentrations Than Screened
Intersections; Appendix D2-4 (Volume 3), Emission Inventory and Forecast
Portland (Metro) Area (Carbon Monoxide); Appendix D2-4-1 (Volume 3),
Base Year (1990) Emission Inventory Portland (Metro) Area (Carbon
Monoxide); Appendix D2-4-2 (Volume 3), Attainment Year (1991) Emission
Inventory Portland (Metro) Area (Carbon Monoxide); Appendix D2-4-3
(Volume 3), Regional Emission Forecast Portland (Metro) Area; Appendix
D2-4-4 (Volume 3), Subregional Emission Inventories and Forecast
Portland (Metro) Area (Carbon Monoxide); Appendix D2-4-5 (Volume 3),
Metro Model Assumptions, Link-Based Emissions Calculation Methodology,
and Travel Demand Forecasting Model Summary; Appendix

[[Page 748]]

D2-5 (Volume 3), Conformity Process; Appendix D2-6 (Volume 3),
Historical and Projected Population and Households; Appendix D2-7
(Volume 3), Metro Council Resolution Concerning Portland CO Maintenance
Plan, Emission Budgets, and Contingency Plan; Appendix D2-8 (Volume 3),
CCTMP Zoning Codes Incorporated Into the Portland Carbon Monoxide
Maintenance Plan; Appendix D2-9 (Volume 3), Motor Vehicle Inspection
Program Changes; Appendix D2-10 (Volume 3), Land-Use Measures and TCM
Substitution; Appendix D2-11 (Volume 3), New Source Review Program
Changes; Appendix D2-12 (Volume 3), Rollforward Analysis; Appendix D2-13
(Volume 3), CCTMP Zoning Codes Used as Supporting Documentation in the
Portland Carbon Monoxide Maintenance Plan; Appendix D2-14 (Volume 3),
Miscellaneous Oregon Administrative Rule Amendments--Supporting Rules,
OAR Chapter 340, Section 340-020-0047 (State of Oregon Clean Air Act
Implementation Plan); and Sections 340-031-0520 and 340-031-0530
(Maintenance Area Designation).
(123) On May 22, 1997, ODEQ submitted changes to the definition of
Volatile Organic Compounds (VOC) in the Oregon Administrative Rules
(OAR) consistent with changes made in the federal definition and
delisted certain compounds no longer considered VOCs under the new
definition. On November 13, 1997, ODEQ submitted changes in the OAR that
increased Air Contaminant Discharge Permit Fees for stationary sources
to recover costs of operating the state permit program.
(i) Incorporation by reference.
(A) Oregon Administrative Rules 340-022-0102(73) and 340-028-
0110(129), effective May 9, 1997; Oregon Administrative Rule 340-028-
1750, effective August 27, 1997.
(124) On October 30, 1997 the director of the Oregon Department of
Environmental Quality (ODEQ) submitted a source specific Reasonable
Available Control Technology (RACT) determination as a SIP revision for
VOC emissions and standards.
(i) Incorporation by reference.
(A) Letter dated October 30, 1997 from the Director of ODEQ
submitting a SIP revision for Dura Industries, Inc., an architectural
surface coating operation in Portland, Oregon--permit 26-3112
dated September 14, 1995.
(125) On June 1, 1995 and January 22, 1997, the Director of ODEQ
submitted to the Regional Administrator of EPA new sections to Division
30 and revisions to Divisions 20, 21, 22, 25, and 30.
(i) Incorporation by reference.
(A) OAR-340-020-0047; OAR-340-022-0170; OAR-340-022-0840; OAR-340-
022-0930; OAR-340-022-0055; OAR-340-028-0110; OAR-340-028-0400; OAR-340-
028-0630; OAR-340-028-1010; OAR-340-028-1720; OAR-340-030-0015; OAR-340-
030-0044; OAR-340-030-0050; OAR-340-030-0055; OAR-340-030-0320; OAR-340-
030-0330: These rules were all state adopted on October 11, 1996.
(126) On August 31, 1995, and October 8, 1996, the Director of ODEQ
submitted to the Regional Administrator of EPA revisions to its Oregon
SIP: the Oregon Administrative Rules (OAR) Chapter 340, Division 25,
Specific Industrial Standards (OAR 340-25-305, 320 and 325).
(i) Incorporation by reference.
(A) August 31, 1995, letter from ODEQ to EPA submitting a revision
to the Oregon Administrative Rules (OAR); OAR 340-25-305, State
effective on February 17, 1995.
(B) October 8, 1996, letter from ODEQ to EPA submitting a revision
to the Oregon Administrative Rules (OAR); OAR 340-25-320 and OAR 340-25-
325, State effective on January 29, 1996.
(127) December 9, 1996, letter from the Director, Oregon Department
of Environmental Quality, to the Region 10 Regional Administrator, EPA,
submitting the Attainment Plan for the Oakridge, Oregon PM-10
nonattainment area as a revision to its SIP.
(i) Incorporation by reference.
(A) State Implementation Plan for PM-10 in Oakridge, dated August
1996, and Appendices XII, XIII and XIV.
(ii) Additional Material: Appendix I through VI and VIII through XI
of the State Implementation Plan for PM-10 in Oakridge dated August
1996.
(128) On June 1, 1995 the State of Oregon submitted to EPA an
attainment plan for the Lakeview PM10 nonattainment area. This SIP
revision is designed to bring about the attainment of the PM10 NAAQS in
Lakeview and

[[Page 749]]

satisfy Federal requirements applicable to moderate PM10 nonattainment
areas.
(i) Incorporation by reference.
(A) June 1, 1995 letter from the Director, Oregon Department of
Environmental Quality, the Governor's designee, to Region 10 Regional
Administrator, EPA, submitting the Lakeview, Oregon PM10 Control Plan.
(B) Revision to the Oregon State Implementation Plan: Lakeview,
Oregon PM10 Control Plan; Appendix 3, Lakeview Detailed Emissions
Inventories; Appendix 4, Ordinances and Commitments; Appendix 5,
Demonstration of Attainment; Appendix 9, Woodburning Curtailment Survey
Protocol; Appendix 10, Legal Description of Lakeview PM10 Nonattainment
Area.
(C) Supporting regulations approved as part of the revision, state
effective May 1, 1995: OAR 340-20-047; OAR 340-21-010, -012, -025, -200;
OAR 340-30-043, -300, -310, -340; OAR 340-34-150, -200, -210.
(129) The Environmental Protection Agency (EPA) approves various
amendments to the Oregon State Air Quality Control Plan contained in a
submittal to EPA, dated October 8, 1997.
(i) Incorporation by reference.
(A) EPA is approving or taking no action on the modified Oregon
Transportation Conformity Rules submitted on October 8, 1998. EPA is
approving: OAR 340-20-710, 340-20-720, 340-20-730, 340-20-750, 340-20-
760 340-20-770, 340-20-780, 340-20-790, 340-20-800, 340-20-810, 340-20-
820, 340-20-830, 340-20-840, 340-20-850, 340-20-860 340-20-870, 340-20-
880, 340-20-890, 340-20-900, 340-20-910 340-20-1000, 340-20-1010, 340-
20-1020, 340-20-1030, 340-20-1040, 340-20-1050, 340-20-1060 and 340-20-
1070, effective September 23, 1998.
(B) EPA is taking no action on sections OAR 340-020-730(3), 340-020-
750(4), 340-020-750(4)(b), 340-020-800(3)-(6), 340-020-890(5), 340-020-
900(6)(c), 340-020-910(1)(b), 340-020-1000(1)(a) and (2), and 340-020-
1030(2).
(C) EPA approves the changes made to certain sections of the Oregon
Administrative Rules: ``Determining Conformity of General Federal
Actions to State and Federal Implementation Plans' found in: OAR 340-
020-1510, 340-020-1520, 340-020-1530, 340-020-1570, 340-020-1580, and
340-020-1590, effective September 23, 1998.
(130) The Environmental Protection Agency (EPA) approves various
amendments to the Oregon State RACT rules for volatile organic compounds
which are contained in a submittal to EPA, dated December 7, 1998.
(i) Incorporation by reference.
(A) EPA is approving the revised Oregon Regulations, as effective
October 12, 1998: OAR 340-022-0100; OAR 340-022-0102; OAR 340-022-0104;
OAR 340-022-0106; OAR 340-022-0107; OAR 340-022-110; OAR 340-022-0120;
OAR 340-022-0125; OAR 340-022-0130; OAR 340-022-0170; OAR 340-022-0175;
OAR 340-022-0180; OAR 340-022-0300; OAR 340-022-0400; OAR 340-022-0401;
and OAR 340-022-0402.
(B) EPA is repealing/removing the following provision from the
current incorporation by reference: OAR 340-022-0403, as effective
August 14, 1996.
(131) On December 3, 1998, the Director of the Oregon Department of
Environmental Quality (ODEQ) submitted a revision to the definition
section of the Oregon Administrative Rules (OAR), as effective October
14, 1998.
(i) Incorporation by reference.
(A) OAR 340-028-0110, as effective October 14, 1998, except for the
following: (16) Capture system, (25) Continuous compliance determination
method, (27) Control device, (29) Data, (39)(b) Emission Limitation and
Emission Standard, (47) Exceedance, (48) Excursion, (55) Inherent
process equipment, (67) Monitoring, (86) Pollutant-specific emissions
unit, (88) Predictive emission monitoring system (PEMS), Table 1, Table
2, and Table 3.
(B) Remove the following provision from the current incorporation by
reference: OAR 340-028-0110, as effective October 6, 1995, except for
Table 1, Table 2, and Table 3.
(132) On June 18, 1999, the Director of the Oregon Department of
Environmental Quality (ODEQ) submitted a SIP revision to repeal the
Consumer Products Rules, repeal the Architectural Coatings Rules, revise
and partially repeal the Motor Vehicle Refinishings Rules, and revise
the Volatile Organic Compounds definitions.
(i) Incorporation by reference.

[[Page 750]]

(A) Oregon Administrative Rule (OAR) 340-022-0102 (73) and OAR 340-
028-0110 (139), as effective May 21, 1999; and OAR 340-022-0700, OAR
340-022-0710, OAR 340-022-0740, and OAR 340-022-0760, as effective July
12, 1999.
(B) Remove the following provisions from the current incorporation
by reference: OAR 340-022-0102 (73), as effective May 9, 1997; OAR 340-
028-0110 (139), as effective October 14, 1998; OAR 340-022-0800, OAR
340-022-0820, OAR 340-022-0830, OAR 340-022-0850, and OAR 340-022-0860,
OAR 340-022-0700, OAR 340-022-0720, OAR 340-022-0730, OAR 340-022-0740,
OAR 340-022-0750, OAR 340-022-0760, OAR 340-022-1000, OAR 340-022-1020,
OAR 340-022-1030, OAR 340-022-1040, and OAR 340-022-1050 as effective
May 25, 1995; OAR 340-022-0840, as effective October 22, 1996; and OAR
340-022-710, OAR 340-022-810, OAR 340-022-1010, as effective August 14,
1996.
(133) On November 10, 1999, the Oregon Department of Environmental
Quality requested the redesignation of Grants Pass to attainment for
carbon monoxide. The State's maintenance plan and base year emissions
inventory are complete and the redesignation satisfies all the
requirements of the Clean Air Act.
(i) Incorporation by reference.
(A) Oregon Administrative Rule (OAR) 340-204-0030, OAR 340-204-0040,
and OAR 340-204-0090, as effective October 22, 1999.
(B) Remove without replacement the following provisions from the
current incorporation by reference of the State Implementation Plan: OAR
340-031-0520 and OAR 340-031-0530, as effective August 19, 1996 and OAR
340-022-0470, as effective November 4, 1993.
(134) On December 12, 1996, the Director of the Oregon Department of
Environmental Quality (ODEQ) submitted revisions to Lane Regional Air
Pollution Authority (LRAPA) Title 32 and Title 33, as effective on
November 20, 1994. On August 26, 1998, the Director of ODEQ submitted
revisions to LRAPA Title 12, Title 30, and Title 33, as effective on
March 8, 1994. On February 23, 2001, the Director of ODEQ submitted
revisions to LRAPA Title 34, as effective June 13, 2000.
(i) Incorporation by reference.
(A) Title 12, as effective March 8, 1994; Title 30, as effective
March 8, 1994, except for Section 30-020(2), Section 30-020(8), Section
30-025(9), Section 30-030(1)(I), Section 30-030(2)(E), and Section 30-
045(3); Title 32, as effective November 10, 1994, except for Section 32-
075, Section 32-080, Section 32-095, Section 32-100, Section 32-101,
Section 32-102, Section 32-103, and Section 32-104; Title 33, as
effective November 10, 1994, except for Section 33-005, Section 33-020,
Section 33-055, Section 33-070(1)(Definitions for Non-Condensibles,
Other Sources, and Total Reduced Sulfur (TRS)), Section 33-070(3)(A),
Section 33-070(6)(B), Section 33-070(7)(A), Section 33-070(7)(B),
Section 33-070(8)(C)(1)(a), Section 33-070(8)(C)(2)(a), Section 33-080,
and Section 33-085; and Title 34, as effective June 13, 2000, except for
Section 34-025, Section 34-035, Section 34-060(6), Section 34-060(8),
Section 34-080, Section 34-160, Section 34-170, Section 34-180, Section
34-190, Section 34-200, Section 34-210, Section 34-220, and Section 34-
230.
(B) Remove the following provisions from the current incorporation
by reference: Section 12-005, Section 12-010, Section 12-020, and
Section12-035 of Title 12, as effective November 8, 1983; Section 12-025
of Title 12, as effective September 9, 1988; Title 12, as effective
February 13, 1990; Title 14, as effective July 12, 1988; Title 15, as
effective February 13, 1990; Section 32-005, Section 32-010, Section 32-
025, Section 32-030, Section 32-035, Section 32-040, Section 32-045,
Section 32-055, Section 32-065, Section 32-100, Section 32-101, Section
32-102, and Section 32-103 of Title 32, as effective 9-14-82; Section
32-800 of Title 32, as effective 1-8-85; Section 32-104 and Section 32-
990 of Title 32, as effective 11-8-83; Section 33-020, Section 33-025,
Section 33-030, Section 33-045, Section 33-055, Section 33-060, and
Section 33-065 of Title 33, as effective 5-15-79; Section 33-070 of
Title 33, as effective 9-14-82; Section 34-001, Section 34-010, Section
34-015, Section 34-020, Section 34-025, Section 34-030, Section 34-035,
Section 34-040, Section 34-045, Section 34-050, and Table A of Title 34,
as effective 1-9-90; and Section 34-005 of Title 34, as effective 2-13-
90.
(ii) Additional Material:

[[Page 751]]

(A) Title 15, Enforcement Procedure and Civil Penalties, as
effective June 13, 1995.
(135) The Oregon Department of Environmental Quality submitted a
Visibility SIP revision on August 26, 1993, smoke management provisions
on August 26, 1993, revisions to the Oregon field burning program on
July 3, 1997, and amendments to the smoke management program regarding
the Blue Mountains rules on September 27, 1995. EPA approves these
revisions with the exception of the provision that changes the review
period of the Visibility SIP from every three years to every 5 years
(OAR 340-20-047 Section 5.2.4.2 and OAR 340-20-047 Section 5.2.5.1)
(i) Incorporation by reference.
(A) OAR 629-24-301 effective August 1, 1987.
(B) OAR 629-43-043 effective April 13, 1987.
(C) ORS 477.515 effective 1971.
(D) Directive 1-4-1-601, Operational Guidance for the Oregon Smoke
Management Program, effective October 23, 1992.
(E) OAR 340-26-0035 and 340-26-0040, effective March 10, 1993; OAR
340-26-0001, 340-26-0031, 340-26-0033, and 340-26-0045, effective May
11, 1993; 340-26-0003, 340-26-0005, 340-26-0010, 340-26-0012, 340-26-
0013, 340-26-0015, and 340-26-0055, effective May 31, 1994.
(F) OAR 837-110-0010, 837-110-0020, 837-110-0030, 837-110-0040, 837-
110-0070, 837-110-0080, 837-110-0090, 837-110-0110, 837-110-0120, 837-
110-0130, and 837-110-0150, effective February 7, 1994; 837-110-0160,
effective August 11, 1993; and 837-110-0050, 837-110-0060, and 837-110-
0140, effective February 7, 1989.
(G) Union County Ordinance 1992-4 effective July 1, 1992.
(H) Jefferson County Ordinance -0-58-89 effective May 31,
1989.
(I) Remove the following provision from the current incorporation by
reference: OAR 340-26-025 effective March 7, 1984.
(ii) Additional materials.
(A) OAR 340-20-047 Section 5.2 effective August 11, 1992 (except
section 5.2.4.2 and section 5.2.5.1 introductory paragraph)
(B) ``Oregon Smoke Management Plan, Appendix 5, Operational Guidance
for the Oregon Smoke Management Program, Criteria for National Forest
and Bureau of Land Management Lands in the Blue Mountains of NE Oregon
(Volume 3, Section A1)'', effective July 12, 1995.
(136) On November 20, 2000, the Oregon Department of Environmental
Quality requested the redesignation of Klamath Falls to attainment for
carbon monoxide. The State's maintenance plan and base year emissions
inventory are complete and the redesignation satisfies all the
requirements of the Clean Air Act.
(i) Incorporation by reference.
(A) Oregon Administrative Rule (OAR) 340-204-0030, OAR 340-204-0040,
and OAR 340-204-0090, as effective October 25, 2000.
(137) On May 31, 2001, the Oregon Department of Environmental
Quality requested the redesignation of Medford to attainment for carbon
monoxide. The State's maintenance plan, base/attainment year emissions
inventory, and the redesignation request meet the requirements of the
Clean Air Act.
(i) Incorporation by reference.
(A) Oregon Administrative Rules 340-204-0090, as effective March 27,
2001.
(138) On December 15, 1998, the Director of the Oregon Department of
Environmental Quality submitted a SIP revision to repeal the rule for
parking offsets in the Portland Central Business District, as state
effective September 23, 1998.
(i) Incorporation by reference.
(A) Remove the following provisions from the current incorporation
by reference: OAR 340-020-0400, 340-020-0405, 340-020-0410, 340-020-
0420, and 340-020-0430.
(139) On November 5, 1999, March 7, 2000, June 26, 2001, and
November 4, 2002, the Oregon Department of Environmental Quality
submitted numerous amendments to the Oregon Administrative Rules as
revisions to the Oregon State implementation plan. The revisions
included a rule recodification, a marine vapor loading rule, and
permitting rules.
(i) Incorporation by reference.
(A) The following sections of Oregon Administrative Rule 340: 200-
0030, 202-0200, 204-0010, 204-0020, 204-0050, 204-0060, 204-0070, 204-
0080, 206-0010, 206-0020, 206-0030, 206-0040, 206-0050, 206-0060, 206-
0070, 210-0010, 210-0020, 212-0010, 212-0110, 214-

[[Page 752]]

0100, 214-0120, 222-0030, 224-0020, 226-0200, 228-0010, 228-0020, 228-
0100, 228-0110, 228-0120, 228-0130, 228-0200, 228-0210, 232-0010, 232-
0020, 232-0040, 232-0050, 232-0060, 232-0070, 232-0080, 232-0085, 232-
0090, 232-0100, 232-0120, 232-0130, 232-0140, 232-0150, 232-0160, 232-
0170, 232-0180, 232-0190, 232-0200, 232-0210, 232-0220, 232-0230, 234-
0010 (except paragraphs (25), (28)(a) & (46)), 234-0100, 234-0110, 234-
0120, 234-0130, 234-0140, 234-0200, 234-0210 (except paragraph (1)),
234-0220, 234-0230, 234-0240 (except paragraph (2)), 234-0250 (except
pargraphs (1) & (2)), 234-0260 (except paragraphs (3)(a)(A) &
(3)(b)(A)), 234-0270, 234-0300, 234-0310 (except paragraph (1)), 234-
0320 (except paragraph (2)), 234-0330, 234-0340 (except paragraph (2)),
234-0350 (except paragraph (1)), 234-0360 (except paragraph (3)(a)(A)),
234-0400, 234-0410, 234-0420, 234-0430, 234-0500, 234-0510, 234-0520,
234-0530, 236-0010, 236-0100, 236-0110, 236-0120 (except paragraphs
(1)(a), (3)(a), & (3)(e)), 236-0130, 236-0140 (except the words
``gaseous and particulate fluorides and'' in paragraph (1), paragraph
(1)(b), the sentence ``A schedule for measurement of fluoride levels in
forage for new plants and ambient air for new and existing plants shall
be submitted.'' in paragraph (1)(c), the words ``and Method 13A or 13B
and Method 14 or Method 14A for fluorides or other alternative method in
40 CFR 63.849'' in paragraph (3)), 236-0150 (except paragraphs (1)(d)
and (1)(e)), 236-0200, 236-0210, 236-0220, 236-0230, 236-0400, 236-0410,
236-0420, 236-0430, 236-0440, 240-0010, 240-0100, 240-0300, 242-0010,
242-0020, 242-0030, 242-0040, 242-0050, 242-0060, 242-0070, 242-0080,
242-0090, 242-0100, 242-0110, 242-0120, 242-0130, 242-0140, 242-0150,
242-0160, 242-0170, 242-0180, 242-0190, 242-0200, 242-0210, 242-0220,
242-0230, 242-0240, 242-0250, 242-0260, 242-0270, 242-0280, 242-0290,
242-0300, 242-0310, 242-0320, 242-0330, 242-0340, 242-0350, 242-0360,
242-0370, 242-0380, 242-0390, 242-0400, 242-0410, 242-0420, 242-0430,
242-0440, 242-0500, 242-0510, 242-0520, 242-0600, 242-0610, 242-0620,
242-0630, 242-0700, 242-0710, 242-0720, 242-0730, 242-0740, 242-0750,
242-0760, 242-0770, 242-0780, 242-0790, 250-0010, 250-0020, 250-0030,
250-0040, 250-0050, 250-0060, 250-0070, 250-0080, 250-0090, 250-0100,
252-0010, 252-0020 (except paragraph (3)), 252-0030, 252-0040, 252-0050
(except paragraphs (4) & (5)(b)), 252-0060, 252-0070, 252-0080, 252-
0090, 252-0100 (except paragraphs (3) through (6)), 252-0110, 252-0120,
252-0130, 252-0140, 252-0150, 252-0160, 252-0170, 252-0180, 252-0190
(except paragraph (5)), 252-0200 (except paragraph (6)(c)), 252-0210
(except paragraph (1)(b)), 252-0220 (except paragraphs (1)(a) & (2)),
252-0230, 252-0240, 252-0250 (except paragraph (2)), 252-0260, 252-0270,
252-0280, 252-0290, 258-0010, 258-0100, 258-0110, 258-0120, 258-0130,
258-0140, 258-0150, 258-0160, 258-0170, 258-0180, 258-0190, 258-0200,
258-0210, 258-0220, 258-0230, 258-0240, 258-0250, 258-0260, 258-0270,
258-0280, 258-0290, 258-0300, 258-0310, 258-0400, 262-0010, 262-0020,
262-0030, 262-0040, 262-0100, 262-0110, 262-0120, 262-0130, 262-0200,
262-0210, 262-0220, 262-0230, 262-0240, 262-0250, 262-0300, 262-0310,
262-0320, 262-0330, 266-0010, 266-0020, 266-0030, 266-0040, 266-0050,
266-0060, 266-0070, 266-0080, 266-0090, 266-0100, 266-0110, 266-0120,
266-0130, and 268-0020, as effective October 14, 1999; 204-0040, as
effective October 25, 2000; 204-0090, as effective March 27, 2001; 232-
0030 and 232-0110 as effective June 1, 2001; 200-0010, 200-0020 (except
paragraph (58)), 200-0025, 202-0010, 202-0050, 202-0060, 202-0070, 202-
0080, 202-0090, 202-0100, 202-0130, 202-0210, 202-0220, 204-0030, 209-
0010, 209-0020, 209-0030, 209-0040, 209-0050, 209-0060, 209-0070, 209-
0080, 210-0100, 210-0110, 210-0120, 210-0205, 210-0215, 210-0225, 210-
0230, 210-0240, 210-0250, 212-0120, 212-0130, 212-0140, 212-0150, 212-
0200, 212-0210, 212-0220, 212-0230, 212-0240, 212-0250, 212-0260, 212-
0270, 212-0280, 214-0010, 214-0110, 214-0114, 214-0130, 214-0200, 214-
0210, 214-0220, 216-0010, 216-0020, 216-0025, 216-0030, 216-0040, 216-
0052, 216-0054, 216-0056, 216-0060, 216-0064, 216-0066, 216-0070, 216-
0082, 216-0084, 216-0090, 216-0094, 222-0010, 222-0020, 222-0040, 222-
0042, 222-0043, 222-0045, 222-0070, 222-0080, 222-0090, 224-0010, 224-
0030, 224-0040, 224-0050, 224-0080, 224-0100, 225-0010, 225-0020(10),
225-0030, 225-0040, 225-0070, 225-0090(1)(c), 226-0010, 226-0100, 226-
0110, 226-0120, 226-0130, 226-0140, 226-0210, 226-0300, 226-0310, 226-
0320, 226-0400, 240-0020, 240-0030, 240-0110, 240-0120, 240-0130, 240-
0140, 240-0150, 240-0160, 240-0170, 240-0180, 240-0190, 240-0200, 240-
0210, 240-0220, 240-0230, 240-0240, 240-0250, 240-0270, 240-0310, 240-
0320, 240-0330, 240-0340, 240-0350, 240-0360, 240-0400, 240-0410, 240-
0420, 240-0430, 240-0440, 268-0010, and 268-0030, as effective July 1,
2001; 222-0041, 224-0060, 224-0070, 225-0020 (except paragraph (10)),
225-0045, 225-0050, 225-0060, and 225-0090 (except paragraph (1)(c)), as
effective October 8, 2002; 225-

[[Page 753]]

0020(10) and 225-0090(1)(c), as effective October 8, 2002, through April
6, 2003.
(B) Remove the following old divisions of Oregon Administrative Rule
340 from the current incorporation by reference: 12, 14, 20, 21 (except
for sections 21-015, 21-050, 21-055, 21-060, 21-200, 21-205, 21-210, 21-
215, 21-220, 21-225, 21-230, 21-235, 21-240, and 21-245), 22, 25, 26,
27, 28 (except for 28-1400, 28-1410, 28-1420, 28-1430, 28-1440, and 28-
1450), 30, 31, and 34.
(C) Based on a SIP revision submitted by Oregon on October 6, 2010,
and later supplemented in a letter submitted by the state on August 31,
2011, the following provisions from Oregon's Administrative Rules (OAR),
Division 252, ``Transportation Conformity,'' are removed from the SIP.
(1) The following provisions, as effective October 14, 1999, are
replaced by revised provisions effective March 5, 2010, Rules 340: 252-
0030, 252-0060, 252-0070 (except the last two sentences), and 252-0230.
(2) The following provisions, as effective October 14, 1999, are
removed without replacement, Rules 340: 252-0020 (except paragraph (3)),
252-0040, 252-0050 (except paragraphs (4) & (5)(b)), 252-0080, 252-0090,
252-0100 (except paragraphs (3) through (6)), 252-0110, 252-0120, 252-
0130, 252-0140, 252-0150, 252-0160, 252-0170, 252-0180, 252-0190 (except
paragraph (5)), 252-0200 (except paragraph (6)(c)), 252-0210 (except
paragraph (1)(b)), 252-0220 (except paragraphs (1)(a) & (2)), 252-0240,
252-0250 (except paragraph (2)), 252-0260, 252-0270, 252-0280, and 252-
0290.
(D) Based on a SIP revision submitted by Oregon on October 5, 2011,
Oregon Administrative Rules Chapter 340, Division 262 ``Residential
Woodheating,'' as effective October 14, 1999, the following provisions
are removed from the SIP: 262-0010, 262-0020, 262-0030, 262-0040, 262-
0100, 262-0110, 262-0120, 262-0130, 262-0200, 262-0210, 262-0220, 262-
0230, 262-0240, 262-0250, 262-0300, 262-0310, 262-0320, 262-0330.
(E) Based on a SIP revision submitted by Oregon on June 8, 2012,
Oregon Administrative Rules Chapter 340, Division 210 ``Stationary
Source Notification Requirements,'' as effective October 8, 2002, the
following provisions are removed from the SIP and replaced by revised
provisions effective May 17, 2012: 210-0100, 210-0110, 210-0120, 210-
0250.
(ii) Additional Material:
(A) The following sections of Oregon Administrative Rule 340:
Division 12, 200-0100, 200-0110, 200-0120, as effective July 1, 2001;
and 262-0050, as effective October 14, 1999.
(140) On November 4, 2002, the Oregon Department of Environmental
Quality requested the redesignation of Klamath Falls to attainment for
PM-10. The State's maintenance plan and the redesignation request meet
the requirements of the Clean Air Act.
(i) Incorporation by reference.
(A) Oregon Administrative Rule 340-204-0040(3)(b) as effective
October 8, 2002.
(141) On November 4, 2002, the Oregon Department of Environmental
Quality requested the redesignation of Grants Pass to attainment for PM-
10. The State's maintenance plan and the redesignation request meet the
requirements of the Clean Air Act.
(i) Incorporation by reference.
(A) Oregon Administrative Rules 340-204-0030 (except Notes) and 340-
204-0040 (except Notes), as effective October 8, 2002.
(142) The Environmental Protection Agency (EPA) approves various
amendments to the Oregon State Implementation Plan which are contained
in four separate submittals to EPA, dated November 5, 1999, November 27,
2000, January 10, 2003 and April 19, 2004 which include revisions to the
inspection and maintenance program.
(i) Incorporation by reference.
(A) The following sections of the Oregon Administrative Rules 340:
256-0200, 256-0310, 256-0330, 256-0340, 256-0350, 256-0370, 256-0380,
256-0390, 256-0400, 256-0410, 256-0420, 256-0450, 256-0460, and 256-
0470, as effective October 14, 1999; 256-0355, 256-0440, and 256-0465,
as effective October 25, 2000; 256-0356, as effective October 4, 2001;
and 256-0010, 256-0300, as effective October 24, 2003.
(B) Remove the following old sections of the Oregon Administrative
Rules 340 from the current incorporation by reference: 024-100, 024-300,
024-301, 024-305, 024-306, 024-307, 024-308, 024-309, 024-312, 024-314,
024-318, 024-320, 024-325, 024-330, 024-332, 024-335, 024-337, 024-340,
024-355, 024-357, and 024-360.

[[Page 754]]

(ii) Additional Material:
(A) Oregon SIP Volume 2, Section 5.4, as effective October 24, 2003.
(143) On December 2, 2002, the Oregon Department of Environmental
Quality submitted a SIP revision to repeal the Perchloroethylene Dry
Cleaning rule and revise related parts of the Introduction and
Definitions sections of Division 232.
(i) Incorporation by reference.
(A) The following sections of the Oregon Administrative Rules 340:
232-0010 and 232-0030, as effective December 26, 2001.
(144) The Oregon Department of Environmental Quality submitted a
Visibility SIP revision on January 22, 2003. EPA approves these
revisions.
(i) Incorporation by reference.
(A) OAR 340-200-0040, Sections 5.2-5.11, effective May 3, 2002.
(145) On December 27, 2004, the Oregon Department of Environmental
Quality submitted to the Regional Administrator of EPA, the Second
Portland Area Carbon Monoxide Maintenance Plan that demonstrates
continued attainment of the NAAQS for carbon monoxide through the year
2017.
(i) Incorporation by reference.
(A) Oregon Administrative Rules, Chapter 340: 240-0090 and 240-0440,
as effective December 15, 2004.
(146) On October 25, 2005, the Oregon Department of Environmental
Quality submitted a PM10 maintenance plan and requested redesignation of
the La Grande PM10 nonattainment area to attainment for PM10. The
State's maintenance plan and the redesignation request meet the
requirements of the Clean Air Act.
(i) Incorporation by reference.
(A) Oregon Administrative Rule 340-204-0030 and 0040, as effective
September 9, 2005.
(147) On October 25, 2005, the Oregon Department of Environmental
Quality submitted a PM10 maintenance plan and requested redesignation of
the Lakeview PM10 nonattainment area to attainment for PM10. The State's
maintenance plan and the redesignation request meet the requirements of
the Clean Air Act.
(i) Incorporation by reference.
(A) The following sections of Oregon Administrative Rule 340: 204-
0030, 204-0040, 224-0060 (2)(d) and 225-0020(8), as effective September
9, 2005.
(148) On March 10, 2005, the Oregon Department of Environmental
Quality submitted a PM10 attainment and maintenance plan and requested
redesignation of the Medford-Ashland PM10 nonattainment area to
attainment for PM10. On May 14, 2004, the Oregon Department of
Environmental Quality submitted revisions to Oregon Administrative
Rules, Chapter 340, Divisions 224 and 225 to clarify the requirements
for creating and using emission offsets and to make other minor
revisions. The State's attainment and maintenance plan, redesignation
request, and rule revisions meet the requirements of the Clean Air Act.
(i) Incorporation by reference.
(A) The following sections of Oregon Administrative Rules 340: 204-
0010, 224-0070, 225-0045, 225-0090, 240-0030, 240-0100, 240-0110, 240-
0120, 240-0130, 240-0140, 240-0150, 240-0180, 240-0190, 240-0210, 240-
0220, and 240-0230 as effective January 4, 2005; 224-0010, 224-0030,
224-0050, 224-0080, and 225-0050 as effective April 14, 2004 and; 224-
0060, and 225-0020 as effective September 9, 2005.
(B) The following sections of the Codified Ordinances of Jackson
County: 1810.01, as effective May 2, 1990; 1810.02, as effective August
22, 2001; 1810.03, as effective December 20, 1989; 1810.04, as effective
May 2, 1990; 1810.05, as effective May 2, 1990; 1810.06, as effective
December 4, 1985; 1810.07, as effective August 22, 2001; 1810.08, as
effective December 20, 1989; Exhibit A, as effective May 2, 1990;
Exhibit B, as effective May 2, 1990; Exhibit C, as effective May 2,
1990; and Exhibit D, as effective May 2, 1990.
(C) The following sections of the Code of the City of Medford,
Oregon: 5.550 as effective March 16, 2000; 7.220, as effective September
17, 1998; 7.222, as effective September 17, 1998; 7.224, as effective
September 17, 1998; 7.240 as effective August 2, 1990, and 7.242 as
effective September 17, 1998.
(D) The following sections of the City of Central Point Municipal
Code: 8.01.010, 8.01.012, 8.01.014, 8.01.020, 8.01.030, and 8.01.032 as
effective 1998; 8.04.040 H., as effective 1979; and 8.04.095 as
effective 1994.

[[Page 755]]

(E) The following sections of the City of Ashland Municipal Code:
10.30.005 and 10.30.010 as effective 1998; 10.30.020, as effective 2000;
10.30.030 and 10.30.040, as effective 1993; 9.24.010, 9.24.020,
9.24.030, 9.24.040, and 9.24.050 as effective 1998.
(F) The following sections of the City of Talent ordinances:
Ordinance 565, as effective August 20, 1992; and Ordinance
98-635-0, as effective March 4, 1998.
(G) The following sections of the City of Phoenix code: 8.16.040, as
effective 1982; 8.16.050, as effective 1982; 8.16.090, as effective
1982; 8.20.010, as effective 1998; 8.20.020, as effective 1998; 8.20.030
as effective 1998; 8.20.040, as effective 1998; and 8.20.050 as
effective 1998.
(H) The following sections of the City of Jacksonville code:
Ordinance 375, amending 8.08.100 of the Jacksonville Municipal Code as
effective April 21, 1992; City of Jacksonville Code Chapter 8.10, as
effective February 1992.
(I) The following sections of the City of Eagle Point Code:
8.08.160, as effective 2000; 8.08.170, as effective 1990; 8.08.180, as
effective 1990; 8.08.190 as effective 1990; and 8.08.200 as effective
1990.
(J) Remove the following old sections of the Oregon Administrative
Rules 340 from the current incorporation by reference: 240-0200, 240-
0240, and 240-0270.
(ii) Additional Material.
(A) The following sections of the Codified Ordinances of Jackson
County: 1810.09 as effective December 20, 1989, and 1810.99, as
effective October 29, 2003.
(B) The following sections of the Code of the City of Medford,
Oregon: 7.226, as effective November 20, 1989; and 7.300 as effective
April 6, 2000.
(C) The following sections of the City of Central Point Municipal
Code: 8.04.100, 8.04.110, 8.04.120, 8.04.130, and 8.04.140 as effective
1966, and 8.04.150 as effective 1995.
(D) The following sections of the City of Ashland Municipal Code:
10.30.050, as effective 1993; and 9.24.060, as effective 1998.
(149) On August 9, 2007, the Oregon Department of Environmental
Quality submitted a CO maintenance plan and requested redesignation of
the Salem CO nonattainment area to attainment for CO. The State's
maintenance plan and the redesignation request meet the requirements of
the Clean Air Act.
(i) Incorporation by reference.
(A) The following revised sections of Oregon Administrative Rule
340: 204-0030 Designation of Nonattainment Areas (1) and (2) and 204-
0040 Designation of Maintenance Areas (except (2)(c)), as effective June
28, 2007.
(150) [Reserved]
(151) On December 20, 2010, the Oregon Department of Environmental
Quality submitted a SIP revision to meet the regional haze requirements
of Clean Air Act section 169A and the interstate transport requirements
of Clean Air Act section 110(a)(2)(D)(i)(II) as it applies to visibility
for the 1997 8-hour ozone NAAQS and 1997 PM2.5 NAAQS.
(i) Incorporation by reference.
(A) December 10, 2010, letter from ODEQ to the Oregon Secretary of
State requesting filing of permanent rule amendments to OAR 340-223.
(B) December 10, 2010, filed copy of State ``Certificate and Order
for Filing'' verifying the effective date of December 10, 2010, for OAR
340-223-0010, OAR 340-223-0020, OAR 340-223-0030, OAR 340-223-0040, OAR
340-223-0050 and OAR 340-223-0080.
(C) The following revised sections of the Oregon Administrative
Rules, Chapter 340:

(1) 340-223-0010 Purpose of Rules, effective December 10, 2010.

(2) 340-223-0020 Definitions, effective December 10, 2010.

(3) 340-223-0030 BART and Additional Regional Haze Requirements for
the Foster-Wheeler Boiler at the Boardman Coal-Fired Power Plant
(Federal Acid Rain Program Facility ORISPL Code 6106), effective
December 10, 2010.

(4) 340-223-0040 Federally Enforceable Permit Limits, effective
December 10, 2010.

(5) 340-223-0050 Alternative Regional Haze Requirements for the
Foster-Wheeler Boiler at the Boardman Coal-Fired Power Plant (Federal
Acid Rain Program Facility ORISPL Code 6106), effective December 10,
2010.

(6) 340-223-0080 Alternative Requirements for the Foster-Wheeler
Boiler at the Boardman Coal-Fired Power Plant

[[Page 756]]

(Federal Acid Rain Program Facility ORISPL code 6106) Based Upon
Permanently Ceasing the Burning of Coal Within Five Years of EPA
Approval of the Revision to the Oregon Clean Air Act State
Implementation Plan Incorporating OAR Chapter 340, Division 223,
effective December 10, 2010.
(ii) Additional material.
(A) The portion of the SIP revision relating to statewide inventory
of emissions of pollutants that are reasonably anticipated to cause or
contribute to visibility impairment in any mandatory Class I Federal
Area and the calculation of baseline and natural visibility conditions
in Oregon Class I areas, and determination of current and 2018
visibility conditions in Oregon Class I areas.
(B) The remaining portions of the December 20, 2010, SIP revision,
which relate to establishing reasonable progress goals, and a long term
strategy to achieve these reasonable progress goals.
(152) On August 9, 2005, and May 22, 2007, the Oregon Department of
Environmental Quality submitted revisions to the Oregon State
Implementation Plan. The revisions provide an ozone maintenance plan
under section 110(a)(1) of the CAA for the Portland portion of the
Portland-Vancouver Air Quality Maintenance Area and the Salem-Keizer
Area Transportation Study Air Quality Area, and phase out of the State's
VIP enhanced BAR-31 test, the elimination of the Gas Cap Pressure Test
and the Evaporative Purge Test. The State's maintenance plan revisions
meet the requirements of the Clean Air Act.
(i) Incorporation by reference.
(A) The following revised sections of the Oregon Administrative
Rules, Chapter 340, effective April 12, 2007:
(1) Division 200, General Air Pollution Procedures and Definitions:
Rule 0025, Abbreviations and Acronyms;
(2) Division 202, Ambient Air Quality Standards and PSD Increments:
Rule 0090, Ozone;
(3) Division 204, Designation of Air Quality Areas: Rule 0010,
Definitions; Rule 0030, Designation of Nonattainment Areas, the
undesignated introductory text, (2); Rule 0040, Designation of
Maintenance Areas, the undesignated introductory text, (2);
(4) Division 224, Major New Source Review: Rule 0050, Requirements
for Sources in Nonattainment Areas; Rule 0060, Requirements for Sources
in Maintenance Areas;
(5) Division 225, Air Quality Analysis Requirements; Rule 0090,
Requirements for Demonstrating a Net Air Quality Benefit;
(6) Division 232, Emission Standards for VOC Point Sources: Rule
0010, Introduction; Rule 0020, Applicability;
(7) Division 242, Rules Applicable to the Portland Area, Employee
Commute Options Program: Rule 0010, What is the Employee Commute Options
Program?; Rule 0020, Who is Subject to ECO?; Rule 0030, What Does ECO
require?; Rule 0040, How Does the Department Enforce ECO?; Rule 0050,
Definitions of Terms Used in These Rules; Rule 0070, What are the Major
Requirements of ECO?; Rule 0080, What are the Registration
Requirements?; Rule 0090, What are the Requirements for an Employee
Survey?; Rule 0110, What if an Employer Does Not Meet the Target Auto
Trip Rate?; Rule 0120, How Will Employers Demonstrate Progress Toward
the Target Auto Trip Rate?; Rule 0160, What Should Be Included in an
Auto Trip Reduction Plan?; Rule 0180, What is a Good Faith Effort?; Rule
0190, How Does the ECO Program Affect New Employees, Expanding Employers
and Employers Relocating within the Portland AQMA?; Rule 0200, Can a New
or Relocating Employer Comply with ECO Through Restricted Parking
Ratios?; Rule 0210, Can an Existing Employer Comply with ECO Through
Restricted Parking Ratios?; Rule 0220, What if an Employer Has More Than
One Work Site Within the Portland AQMA?; Rule 0240, Are There
Alternatives to Trip Reduction?; Rule 0260, Can Employers Get Credit for
Existing Trip Reduction Programs?; Rule 0270, Are Exemptions Allowed if
an Employer is Unable to Reduce Trips or Take Advantage of Alternate
Compliance Options?; Rule 0280, Participation in the Industrial Emission
Management Program; Rule 0290, What Kind of Records Must be Kept and for
How Long?;

[[Page 757]]

(8) Division 242, Rules Applicable to the Portland Area, Industrial
Emission Management Program: Rule 0400, Applicability; Rule 0410,
Definition of Terms; Rule 0420, Unused PSEL Donation Program; Rule 0430,
Industrial Growth Allowances; Rule 0440, Industrial Growth Allowance
Allocation.
(B) The following revised sections of the Oregon Administrative
Rules, Chapter 340, effective July 12, 2005;
(1) Division 256, Motor Vehicles, Rule 0010, Definitions;
(2) Division 256, Motor Vehicles, Visible Emissions: Rule 0100,
Visible Emissions--General Requirements, Exclusions; Rule 0130, Motor
Vehicle Fleet Operation;
(3) Division 256, Motor Vehicles, Emission Control System
Inspection: Rule 0300, Scope; Rule 0310, Government-Owned Vehicle,
Permanent Fleet Vehicle and United States Government Vehicle Testing
Requirements; Rule 0340, Light Duty Motor Vehicle and Heavy Duty
Gasoline Motor Vehicle Emission Control Test Method for Basic Program;
Rule 0350, Light Duty Motor Vehicle Emission Control Test Method for
Enhanced Program; Rule 0380, Light Duty Motor Vehicle Emission Control
Test Criteria for Basic Program; Rule 0390, Heavy Duty Gasoline Motor
Vehicle Emission Control Test Criteria.
(ii) Additional material.
(A) SIP Volume 2 Section 5.4.7: Test Procedures and Standards, as
effective July 12, 2005.
(153) On October 8, 2008, October 10, 2008, March 17, 2009, June 23,
2010, December 22, 2010, and May 5, 2011, the Oregon Department of
Environmental Quality submitted numerous amendments to the Oregon
Administrative Rules as revisions to the Oregon State implementation
plan. The revisions include updating Oregon's new source review rules to
be consistent with current Federal regulations and streamlining Oregon's
air quality rules by clarifying requirements, removing duplicative
rules, and correcting errors.
(i) Incorporation by reference.
(A) The following revised sections of the Oregon Administrative
Rules, Chapter 340, effective February 5, 2001:
(1) Division 208, Visible Emissions and Nuisance Requirements: Rule
0100, Visible Emissions, Applicability; Rule 0200, Fugitive Emission
Requirements, Applicability; Rule 0210, Fugitive Emission Requirements,
Requirements.
(B) The following revised sections of the Oregon Administrative
Rules, Chapter 340, effective November 8, 2007:
(1) Division 200, General Air Pollution Procedures and Definitions:
Rule 0010, General, Purpose and Application;
(2) Division 208, Visible Emissions and Nuisance Requirements: Rule
0010, Definitions; Rule 0110, Visible Emissions, Visible Air Contaminant
Limitations;
(3) Division 209, Public Participation: Rule 0040, Public Notice
Information; Rule 0070, Hearing and Meeting Procedures; Rule 0080,
Issuance or Denial of a Permit;
(4) Division 214, Stationary Source Reporting Requirements: Rule
0010, Definitions; Rule 0300, Excess Emissions and Emergency Provision,
Purpose and Applicability; Rule 0310, Excess Emissions and Emergency
Provision, Planned Start-up and Shutdown; Rule 0320, Excess Emissions
and Emergency Provision, Scheduled Maintenance; Rule 0330, Excess
Emissions and Emergency Provision, All Other Excess Emissions; Rule
0340, Excess Emissions and Emergency Provision, Reporting Requirements;
Rule 0350, Excess Emissions and Emergency Provision, Enforcement Action
Criteria; Rule 0360, Excess Emissions and Emergency Provision, Emergency
as an Affirmative Defense;
(5) Division 216, Air Contaminant Discharge Permits: Rule 0082,
Termination or Revocation of an ACDP;
(6) Division 228, Requirements for Fuel Burning Equipment and Fuel
Sulfur Content: Rule 0020, Definitions; Rule 0200, General Emission
Standards for Fuel Burning Equipment, Sulfur Dioxide Standards; Rule
0210, General Emission Standards for Fuel Burning Equipment, Grain
Loading Standards;
(7) Division 232, Emission Standards for VOC Point Sources: Rule
0010, Introduction;
(8) Division 234, Emission Standards for Wood Products Industries:
Rule 0010, Definitions (except for paragraphs (24), (26)(a) and (44));
Rule 0100, Wigwam Waste Burners, Wigwam Waste Burners; Rule 0140, Wigwam
Waste Burners,

[[Page 758]]

Existing Administrative Agency Orders; Rule 0210, Kraft Pulp Mills,
Emission Limitations (except for paragraph (1)); Rule 0240, Kraft Pulp
Mills, Monitoring (except for paragraph (1)); Rule 0250, Kraft Pulp
Mills, Reporting (except for paragraphs (1) and (2)); Rule 0500, Board
Products Industries (Veneer, Plywood, Particleboard, Hardboard),
Applicability and General Provisions; Rule 0510, Board Products
Industries (Veneer, Plywood, Particleboard, Hardboard), Veneer and
Plywood Manufacturing Operations; Rule 0520, Board Products Industries
(Veneer, Plywood, Particleboard, Hardboard), Particleboard Manufacturing
Operations; Rule 0530, Board Products Industries (Veneer, Plywood,
Particleboard, Hardboard), Hardboard Manufacturing Operations;
(9) Division 236, Emission Standards for Specific Industries: Rule
0010, Definitions; Rule 0410, Hot Mix Asphalt Plants, Control Facilities
Required.
(C) The following revised sections of the Oregon Administrative
Rules, Chapter 340, effective August 29, 2008:
(1) Division 222, Stationary Source Plant Site Emission Limits: Rule
0020, Applicability.
(D) The following revised sections of the Oregon Administrative
Rules, Chapter 340, effective September 17, 2008:
(1) Division 200, General Air Pollution Procedures and Definitions:
Rule 0030, General, Exceptions;
(2) Division 210, Stationary Source Notification Requirements: Rule
0205, Notice of Construction and Approval of Plans, Applicability;
(3) Division 264, Rules for Open Burning: Rule 0040, Exemptions,
Statewide.
(E) The following revised sections of the Oregon Administrative
Rules, Chapter 340, effective May 21, 2010:
(1) Division 202, Ambient Air Quality Standards and PSD Increments:
Rule 0090, Ambient Air Quality Standards, Ozone; Rule 0130, Ambient Air
Quality Standards, Ambient Air Quality Standard for Lead;
(2) Division 204, Designation of Air Quality Areas: Rule 0010,
Definitions; Rule 0030, Designation of Nonattainment Areas;
(3) Division 206, Air Pollution Emergencies: Rule 0010,
Introduction; Rule 0030, Episode Stage Criteria for Air Pollution
Emergencies (including Table 2, Air Pollution Episode Warning Conditions
Emission Reduction Plan).
(F) The following revised sections of the Oregon Administrative
Rules, Chapter 340, effective May 1, 2011:
(1) Division 200, General Air Pollution Procedures and Definitions:
Rule 0020, General, General Air Quality Definitions (including Table 1,
Significant Air Quality Impact; Table 2, Significant Emission Rates;
Table 3, Significant Emission Rates for the Medford-Ashland Air Quality
Maintenance Area; Table 4, De minimis Emission Levels; Table 5, General
PSELs); Rule 0025, General, Abbreviations and Acronyms;
(2) Division 202, Ambient Air Quality Standards and PSD Increments:
Rule 0010, Definitions; Rule 0060, Ambient Air Quality Standards,
Suspended Particulate Matter; Rule 0210, Prevention of Significant
Deterioration Increments, Ambient Air Increments (including Table 1,
Maximum Allowable Increase);
(3) Division 216, Air Contaminant Discharge Permits: Rule 0020,
Applicability (including Table 1, Air Contaminant Discharge Permits;
Table 2, Part 1 Initial Permitting Application Fees, Part 2 Annual Fees,
Part 3 Specific Activity Fees, Part 4 Late Fees); Rule 0040, Application
Requirements; Rule 0060, General Air Contaminant Discharge Permits; Rule
0064, Simple ACDP;
(4) Division 224, Major New Source Review: Rule 0010, Applicability
and General Prohibitions; Rule 0050, Requirements for Sources in
Nonattainment Areas; Rule 0060, Requirements for Sources in Maintenance
Areas, Rule 0070, Prevention of Significant Deterioration Requirements
for Sources in Attainment or Unclassified Areas;
(5) Division 225, Air Quality Analysis Requirements: Rule 0020,
Definitions (including Table 1, Constant K for Range of Influence
Calculation); Rule 0030, Procedural Requirements; Rule 0045,
Requirements for Analysis in Maintenance Areas; Rule 0050, Requirements
for Analysis in PSD Class II and Class III Areas; Rule 0060,
Requirements for Demonstrating Compliance With Standards and Increments
in PSD

[[Page 759]]

Class I Areas; and Rule 0090, Requirements for Demonstrating a Net Air
Quality Benefit (except paragraph (2)(a)(C)).
(G) Remove the following rules from section 340 to the OAR from the
current incorporation by reference: Divisions 21, Rules 015, 050, 055
and 060; and Division 28. See paragraph(s) (c)(116)(i)(A),
(c)(116)(i)(C), (c)(118)(i)(B) and (c)(139)(i)(B) of this section.
(H) Based on a SIP revision submitted by Oregon on June 8, 2012,
Oregon Administrative Rules Chapter 340, Division 200 ``General Air
Pollution Procedures and Definitions,'' the following provision 340-200-
0020, as effective May 1, 2011, is removed from the SIP and replaced by
revised provision 340-200-0020 as effective May 17, 2012.
(I) Based on a SIP revision submitted by Oregon on June 8, 2012,
Oregon Administrative Rules Chapter 340, Division 228 ``Requirements for
Fuel Burning Equipment and Fuel Sulfur Content,'' the following
provisions 228-0020, 228-0200, 228-0210, as effective November 8, 2007,
are removed from the SIP and replaced by revised provisions 228-0020,
228-0200, 228-0210, as effective May 17, 2012.
(154) On October 10, 2008, the Oregon Department of Environmental
Quality submitted a SIP revision to repeal outdated rules governing
wigwam waste burners with a statewide prohibition on their use, and to
repeal redundant kraft pulp mill rules.
(i) Incorporation by reference.
(A) Remove the following rules of section 340 of the OAR from the
current incorporation by reference: Division 234, Rules 0110, 0120,
0130, 0230 and 0260. See paragraph (c)(139)(i)(A) of this section.
(155) On January 13, 2012, the Oregon Department of Environmental
Quality submitted the Eugene-Springfield PM10 Limited
Maintenance Plan and requested redesignation of the Eugene-Springfield
nonattainment area to attainment for the PM10 National
Ambient Air Quality Standards. The State also submitted revisions to
rules in the Federally-approved SIP to reflect the requested
redesignation. The State's Limited Maintenance Plan, redesignation
request, and rule revisions meet the requirements of the Clean Air Act.
(i) Incorporation by reference.
(A) The following revised sections of the Oregon Administrative
Rules (OAR) Chapter 340, effective December 21, 2011: Division 204,
Designation of Air Quality Areas: Rule 0010 Definitions; Rule 0030
Designation of Nonattainment Areas; and Rule 0040 Designation of
Maintenance Areas.
(B) Letter from Merlyn Hough, dated January 8, 2013, certifying that
Lane Regional Air Protection Agency (LRAPA) adopted LRAPA provisions
from Titles 29 and 32 on September 26, 2011 as described in the LRAPA
Board meeting minutes.
(C) Lane Regional Air Protection Agency (LRAPA) Board meeting
minutes, dated September 26, 2011.
(D) The following revised sections of the Lane Regional Air
Protection Agency (LRAPA) Rules, Title 29 Designation of Air Quality
Areas, adopted September 26, 2011: Section 29-0010 Definitions (except
paragraphs 1 through 5, and 7 through 14); Section 29-0030 Designation
of Nonattainment Areas; and Section 29-0040 Designation of Maintenance
Areas.
(E) The following revised sections of the Lane Regional Air
Protection Agency (LRAPA) Rules Title 32 Emission Standards, adopted
September 26, 2011: Section 32-060 Air Conveying Systems; and Section
32-065 Sulfur Content of Fuels (except paragraphs 1 and 2).
(156) On February 16, 2001, May 13, 2005, March 29, 2006, and March
20, 2008, the Oregon Department of Environmental Quality submitted
revisions to the Oregon Administrative Rules (OAR) Chapter 340 as
revisions to the Oregon State Implementation Plan (SIP). The submissions
relate to Oregon's open burning rules, enforcement procedures, civil
penalties, and procedures in contested cases (appeals).
(i) Incorporation by reference.
(A) The following sections of the OAR Chapter 340, Division 264,
effective December 15, 2000: Division 264, Rules For Open Burning: Rule
0010 How to Use These Open Burning Rules; Rule 0020 Policy; Rule 0030
Definitions; Rule 0040 Exemptions, Statewide; Rule 0050 General
Requirements Statewide; Rule 0060 General Prohibitions Statewide; Rule
0070 Open Burning Conditions;

[[Page 760]]

Rule 0075 Delegation of Authority; Rule 0078 Open Burning Control Areas;
Rule 0080 County Listing of Specific Open Burning Rules; Rule 0100 Open
Burning Requirements, Baker, Clatsop, Crook, Curry, Deschutes, Gilliam,
Grant, Harney, Hood River, Jefferson, Klamath, Lake, Lincoln, Malheur,
Morrow, Sherman, Tillamook, Umatilla, Union, Wallowa, Wasco and Wheeler
Counties; Rule 0110 Open Burning Requirements, Benton, Linn, Marion,
Polk, and Yamhill Counties; Rule 0120, Open Burning Requirements,
Clackmas County; Rule 0130, Open Burning Requirements, Multnomah County;
Rule 0140 Open Burning Requirements, Washington County; Rule 0150 Open
Burning Requirements, Columbia County; Rule 0160 Open Burning
Requirements, Lane County; Rule 0170 Open Burning Requirements, Coos,
Douglas, Jackson and Josephine Counties; Rule 0180 Open Burning
Requirements, Letter Permits, Rule 0190 Open Burning Requirements,
Forced-Air Pit Incinerators.
(B) [Reserved]
(ii) Additional Material:
(A) The following revised sections of Oregon Administrative Rules
Chapter 340 effective May 13, 2005: Division 12 Enforcement Procedures
and Civil Penalties: Rule 0026 Policy, Rule 0028 Scope of Applicability,
Rule 0030 Definitions, Rule 0038 Warning Letters, Pre-Enforcement
Notices and Notices of Permit Violation, Rule 0041 Formal Enforcement
Action, Rule 0042 Determination of Base Penalty, Rule 0045 Civil Penalty
Determination Procedure, Rule 0145 Determination of Aggravating or
Mitigating Factors, Rule 0150 Determination of Economic Benefit, Rule
0160 Department Discretion Regarding Penalty Assessment, Rule 0162
Inability to Pay the Penalty, Rule 0165 Stipulated Penalties, Rule 0170
Compromise or Settlement of Civil Penalty by Department.
(B) The following revised sections of Oregon Administrative Rules
Chapter 340 effective March 29, 2006: Division 12 Enforcement Procedures
and Civil Penalties: Rule 0027 Rule Effective Date, Rule 0053 Violations
that Apply to all Programs, Rule 0054 Air Quality Classification of
Violations, Rule 0073 Environmental Cleanup Classification of Violation,
Rule 0082 Contingency Planning Classification of Violations, Rule 0130
Determination of Violation Magnitude, Rule 0135 Selected Magnitude
Categories, Rule 0140 Determination of Base Penalty, Rule 0155
Additional or Alternate Civil Penalties.
(C) The following revised sections of Oregon Administrative Rules
Chapter 340 effective March 20, 2008: Division 11, Rules of General
Applicability and Organization, Rule 0005 Definitions, Rule 0009
Incorporation of Attorney General's Uniform and Model Rules, Rule 0510
Agency Representation by Environmental Law Specialist, Rule 0515
Authorized Representative of Respondent other than a Natural Person in a
Contested Case Hearing, Rule 0573 Proposed Orders in Contested Cases,
Rule 0575 Review of Proposed Orders in Contested Cases.
(157) On October 5, 2011, June 8, 2012, and November 28, 2012, the
Oregon Department of Environmental Quality submitted revisions to the
Oregon Administrative Rules (OAR) Chapter 340 as revisions to the Oregon
State Implementation Plan (SIP). The submissions relate to Oregon's Heat
Smart program, enforcement procedures and civil penalties, general air
pollution definitions, rules for stationary source notification
requirements, and requirements for fuel burning.
(i) Incorporation by reference.
(A) The following sections of the OAR Chapter 340, Division 262,
effective March 15, 2011: Division 262, Heat Smart Program for
Residential Woodstoves and Other Solid Fuel Heating Devices: Rule 0400
Purpose and Applicability of Rules; Rule 0500 Certification of Solid
Fuel Burning Devices for Sale as New; Rule 0700 Removal and Destruction
of Used Solid Fuel Burning Devices; Rule 0800 Wood Burning and Other
Heating Devices Curtailment Program; Rule 0900 Materials Prohibited from
Burning.
(B) The following sections of the OAR Chapter 340, Division 262,
effective May 17, 2012: Division 262, Heat Smart Program for Residential
Woodstoves and Other Solid Fuel Heating Devices: Rule 0450 Definitions;
Rule 0600 New and Used Solid Fuel Burning Devices Sold in Oregon.
(ii) Additional Material:

[[Page 761]]

(A) The following revised sections of Oregon Administrative Rules
Chapter 340, effective November 10, 2008: Division 12 Enforcement
Procedures and Civil Penalties: Rule 0030 Definitions, Rule 0038 Warning
Letters, Pre-Enforcement Notices and Notices of Permit Violation, Rule
0155 Additional or Alternate Civil Penalties, Rule 0170 Compromise or
Settlement of Civil Penalty by Department.
(B) The following revised sections of Oregon Administrative Rules
Chapter 340, effective March 15, 2011: Division 12 Enforcement
Procedures and Civil Penalties: Rule 0054 Air Quality Classifications
and Violations, Rule 0140 Determination of Base Penalty.

[Redesignated at 78 FR 74040, Dec. 10, 2013]

Sec. Sec. 52.1975-52.1976 [Reserved]

Sec. 52.1977 Content of approved State submitted implementation plan.

The following sections of the State air quality control plan (as
amended on the dates indicated) have been approved and are part of the
current state implementation plan.

State of Oregon Air Quality Control Program

Volume 2-The Federal Clean Air Act Implementation Plan (and Other State
Regulations)

Section

1. Introduction (1-86)

2. General Administration (1-86)

2.1 Agency Organization (1-86)
2.2 Legal Authority (1-86)
2.3 Resources (1-86)
2.4 Intergovernmental Cooperation and Consultation (1-86)
2.5 Miscellaneous Provisions (1-86)

3. Statewide Regulatory Provisions

3.1 Oregon Administrative Rules--Chapter 340 Incorporation by Reference
(March 24, 2003)

Division 21--General Emission Standards for Particulate Matter

21-015 Visible Air Contaminant Limitations (1/29/96)

Fugitive Emissions

21-050 Definitions (1/29/96)
21-055 Applicability (3/10/93)
21-060 Requirements (3/10/93)

Industrial Contingency Requirements for PM-10 Nonattainment Areas

21-200 Purpose (5/1/95)
21-205 Relation to other Rules (3/10/93)
21-210 Applicability (3/10/93)
21-215 Definitions (3/10/93)
21-220 Compliance Schedule for Existing Sources (3/10/93)
21-225 Wood-Waste Boilers (3/10/93)
21-230 Wood Particulate Dryers at Particleboard Plants (3/10/93)
21-235 Hardboard Manufacturing Plants (1/29/96)
21-240 Air Conveying Systems (3/10/93)
21-245 Fugitive Emissions (3/10/93)

Division 23--Rules for Open Burning

23-022 How to Use these Open Burning Rules (3/10/93)
23-025 Policy (3/10/93)
23-030 Definitions (6/16/84, except for paragraph (15) is 3/10/93)
23-035 Exemptions, Statewide (3/10/93)
23-040 General Requirements Statewide (3/10/93)
23-042 General Prohibitions Statewide (3/10/93)
23-043 Open Burning Schedule (3/10/93)
23-045 County Listing of Specific Open Burning Rules (3/10/93)

Open Burning Prohibitions

23-055 Baker, Clatsop, Crook, Curry, Deshutes, Gilliam, Grant, Harney,
Hood River, Jefferson, Klamath, Lake, Lincoln, Malheur, Morrow, Sherman,
Tillamook, Umatilla, Union, Wallowa, Wasco and Wheeler Counties (3/10/
93)
23-060 Benton, Linn, Marion, Polk, and Yamhill Counties (3/10/93)
23-065 Clackamas County (3/10/93)
23-070 Multnomah County (3/10/93)
23-075 Washington County (3/10/93)
23-080 Columbia County (3/10/93)
23-085 Lane County (3/10/93)
23-090 Coos, Douglas, Jackson and Josephine Counties (3/10/93)
23-100 Letter Permits (3/10/93)
23-105 Forced Air Pit Incinerators (3/10/93)
23-110 Records and Reports (3/10/93)
23-115 Open Burning Control Areas (3/10/93)

Division 24--Motor Vehicles

Pertaining to Motor Vehicles Inspection

24-100 County Designations (11/26/96)

Motor Vehicle Emission Control Inspection Test Criteria, Methods and
Standards

24-300 Scope (11/26/96)
24-301 Boundary Designations (3/10/93)
24-305 Definitions (11/26/96)
24-306 Government-Owned Vehicle, Permanent Fleet Vehicle and U.S.
Government Vehicle Testing Requirements (11/26/96)

[[Page 762]]

24-307 Motor Vehicle Inspection Program Fee Schedule (11/26/96)
24-308 Department of Defense Personnel Participating in the Privately
Owned Vehicle Import Control Program (11/26/96)
24-309 Light Duty Motor Vehicle and Heavy Duty Gasoline Motor Vehicle
Emission Control Test Method for Basic Program (11/26/96)
24-312 Light Duty Motor Vehicle Emission Control Test Method for
Enhanced Program (11/26/96)
24-314 Motorcycle Noise Emission Control Test Method, except all
language in (4)(a) referring to a ``sixth hill extrapolation'' (11/26/
96)
24-318 Renew Registration for Light Duty Motor Vehicles and Heavy Duty
Gasoline Motor Vehicles Temporarily Operating Outside of Oregon (11/26/
96)
24-320 Light Duty Motor Vehicle Emission Control Test Criteria for Basic
Program (11/26/96)
24-325 Heavy Duty Gasoline Motor Vehicle Emission Control Test Criteria
(11/26/96)
24-330 Light Duty Motor Vehicle Emission Control Standards for Basic
Program (11/26/96)
24-332 Light Duty Motor Vehicle Emission Control Standards for Enhanced
Program (11/26/96)
24-335 Heavy-Duty Gasoline Motor Vehicle Emission Control Emission
Standards (11/26/96)
24-337 Motor Vehicle Propulsion Noise Standards (11/26/96)
24-340 Criteria for Qualifications of Persons Eligible to Inspect Motor
Vehicles and Motor Vehicle Pollution Control Systems and Execute
Certificates (11/26/96)
24-355 Gas Analytical System Licensing Criteria for Basic Program (11/
26/96)
24-357 Gas Analytical System Testing for Enhanced Program (11/26/96)
24-360 Agreement with Independent Contractor; Qualifications of
Contractor; Agreement Provisions (11/26/96)

Division 28--Stationary Source Air Pollution Control and Permitting
Procedures

Excess Emissions and Emergency Provision

28-1400 Purpose and Applicability (9/24/93)
28-1410 Planned Startup and Shutdown (9/24/96)
28-1420 Scheduled Maintenance (11/4/93)
28-1430 Upsets and Breakdowns (9/24/96)
28-1440 Reporting Requirements (11/4/93)
28-1450 Enforcement Action Criteria (9/24/93)

Division 200--General Air Pollution Procedures and Definitions

200-0010 Purpose and Application (7/1/01)
200-0020 General Air Quality Definitions, except (58) (7/1/01)
200-0025 Abbreviations and Acronyms (7/1/01)
200-0030 Exceptions (10/14/99)

Division 202--Ambient Air Quality Standards and PSD Increments

202-0010 Definitions (7/1/01)

Ambient Air Quality Standards

202-0050 Purpose and Scope of Ambient Air Quality Standards (7/1/01)
202-0060 Suspended Particulate Matter (7/1/01)
202-0070 Sulfur Dioxide (7/1/01)
202-0080 Carbon Monoxide (7/1/01)
202-0090 Ozone (7/1/01)
202-0100 Nitrogen Dioxide (7/1/01)
202-0130 Ambient Air Quality Standard for Lead (7/1/01)

Prevention of Significant Deterioration Increments

202-0200 General (10/14/99)
202-0210 Ambient Air Increments (7/1/01)
202-0220 Ambient Air Ceilings (7/1/01)

Division 204--Designation of Air Quality Areas

204-0010 Definitions (10/14/99)
204-0020 Designation of Air Quality Control Regions (10/14/99)
204-0030 Designation of Nonattainment Areas (7/1/01)
204-0040 Designation of Maintenance Areas (10/25/00)
204-0050 Designation of Prevention of Significant Deterioration Areas
(10/14/99)
204-0060 Redesignation of Prevention of Significant Deterioration Areas
(10/14/99)
204-0070 Special Control Areas (10/14/99)
204-0080 Motor Vehicle Inspection Boundary Designations (10/14/99)
204-0090 Oxygenated Gasoline Control Areas (3/27/01)

Division 206--Air Pollution Emergencies

206-0010 Introduction (10/14/99)
206-0020 Definitions (10/14/99)
206-0030 Episode Stage Criteria for Air Pollution Emergencies (10/14/99)
206-0040 Special Conditions (10/14/99)
206-0050 Source Emission Reduction Plans (10/14/99)
206-0060 Regional Air Pollution Authorities (10/14/99)
206-0070 Operations Manual (10/14/99)

Division 209--Public Participation

209-0010 Purpose (7/1/01)
209-0020 Applicability (7/1/01)
209-0030 Public Notice Categories and Timing (7/1/01)
209-0040 Public Notice Information (7/1/01)
209-0050 Public Notice Procedures (7/1/01)
209-0060 Persons Required To Be Notified (7/1/01)

[[Page 763]]

209-0070 Hearing and Meeting Procedures (7/1/01)
209-0080 Issuance or Denial of a Permit (7/1/01)

Division 210--Stationary Source Notification Requirements

210-0010 Applicability (10/14/99)
210-0020 Definitions (10/14/99)

Registration

210-0100 Registration in General (7/1/01)
210-0110 Registration Requirements (7/1/01)
210-0120 Re-Registration (7/1/01)

Notice of Construction and Approval of Plans

210-0205 Applicability (7/1/01)
210-0215 Requirement (7/1/01)
210-0225 Types of Construction/Modification Changes (7/1/01)
210-0230 Notice to Construct (7/1/01)
210-0240 Construction Approval (7/1/01)
210-0250 Approval to Operate (7/1/01)

Division 212--Stationary Source Testing and Monitoring

212-0010 Definitions (10/14/99)

Sampling, Testing and Measurement

212-0110 Applicability (10/14/99)
212-0120 Program (7/1/01)
212-0130 Stack Heights and Dispersion Techniques (7/1/01)
212-0140 Methods (7/1/01)
212-0150 Department Testing (7/1/01)

Compliance Assurance Monitoring

212-0200 Purpose and Applicability (7/1/01)
212-0210 Monitoring Design Criteria (7/1/01)
212-0220 Submittal Requirements (7/1/01)
212-0230 Deadlines for Submittals (7/1/01)
212-0240 Approval of Monitoring Plans (7/1/01)
212-0250 Operation of Approved Monitoring (7/1/01)
212-0260 Quality Improvement Plan (QIP) Requirements (7/1/01)
212-0270 Reporting and Recordkeeping Requirements (7/1/01)
212-0280 Savings Provisions (7/1/01)

Division 214--Stationary Source Reporting Requirements

214-0010 Definitions (7/1/01)

Reporting

214-0100 Applicability (10/14/99)
214-0110 Request for Information (7/1/01)
214-0114 Records; Maintaining and Reporting (7/1/01)
214-0120 Enforcement (10/14/99)
214-0130 Information Exempt from Disclosure (7/1/01)

Emission Statements for VOC and NOX Sources

214-0200 Purpose and Applicability (7/1/01)
214-0210 Requirements (7/1/01)
214-0220 Submission of Emission Statement (7/1/01)

Division 216--Air Contaminant Discharge Permits

216-0010 Purpose (7/1/01)
216-0020 Applicability (7/1/01)
216-0025 Types of Permits (7/1/01)
216-0030 Definitions (7/1/01)
216-0040 Application Requirements (7/1/01)
216-0052 Construction ACDP (7/1/01)
216-0054 Short Term Activity ACDPs (7/1/01)
216-0056 Basic ACDPs (7/1/01)
216-0060 General Air Contaminant Discharge Permits (7/1/01)
216-0064 Simple ACDP (7/1/01)
216-0066 Standard ACDPs (7/1/01)
216-0070 Permitting Multiple Sources at a Single Adjacent or Contiguous
Site (7/1/01)
216-0082 Termination or Revocation of an ACDP (7/1/01)
216-0084 Department Initiated Modification (7/1/01)
216-0090 Sources Subject to ACDPs and Fees (7/1/01)
216-0094 Temporary Closure (7/1/01)

Division 222--Stationary Source Plant Site Emission Limits

222-0010 Policy (7/1/01)
222-0020 Applicability (7/1/01)
222-0030 Definitions (10/14/99)

Criteria for Establishing Plant Site Emission Limits

222-0040 Generic Annual PSEL (7/1/01)
222-0041 Source Specific Annual PSEL (10/8/02)
222-0042 Short Term PSEL (7/1/01)
222-0043 General Requirements for All PSEL (7/1/01)
222-0045 Unassigned Emissions (7/1/01)
222-0070 Plant Site Emission Limits for Insignificant Activities (7/1/
01)
222-0080 Plant Site Emission Limit Compliance (7/1/01)
222-0090 Combining and Splitting Sources (7/1/01)

Division 224--Major New Source Review

224-0010 Applicability and General Prohibitions (7/1/01)
224-0020 Definitions (10/14/99)
224-0030 Procedural Requirements (7/1/01)
224-0040 Review of New Sources and Modifications for Compliance with
Regulations (7/1/01)
224-0050 Requirements for Sources in Nonattainment Areas (7/1/01)
224-0060 Requirements for Sources in Maintenance Areas (10/8/02)

[[Page 764]]

224-0070 Prevention of Significant Deterioration Requirements for
Sources in Attainment or Unclassified Areas (10/8/02)
224-0080 Exemptions (7/1/01)
224-0100 Fugitive and Secondary Emissions (7/1/01)

Division 225--Air Quality Analysis Requirements

225-0010 Purpose (7/1/01)
225-0020 Definitions (10/8/02 and 10/8/02 thru 4/6/03)
225-0030 Procedural Requirements (7/1/01)
225-0040 Air Quality Models (7/1/01)
225-0045 Requirements for Analysis in Maintenance Areas (10/8/02)
225-0050 Requirements for Analysis in PSD Class II and Class III Areas
(10/8/02)
225-0060 Requirements for Demonstrating Compliance with Standards and
Increments in PSD Class I Areas (10/8/02)
225-0070 Requirements for Demonstrating Compliance with AQRV Protection
(7/1/01)
225-0090 Requirements for Demonstrating a Net Air Quality Benefit (10/8/
02 and 10/8/02 thru 4/6/03)

Division 226--General Emission Standards

226-0010 Definitions (7/1/01)

Highest and Best Practicable Treatment and Control

226-0100 Policy and Application (7/1/01)
226-0110 Pollution Prevention (7/1/01)
226-0120 Operating and Maintenance Requirements (7/1/01)
226-0130 Typically Achievable Control Technology (7/1/01)
226-0140 Additional Control Requirements for Stationary Sources of Air
Contaminants (7/1/01)

Grain Loading Standards

226-0200 Applicability (10/14/99)
226-0210 Particulate Emission Limitations for Sources Other Than Fuel
Burning and Refuse Burning Equipment (7/1/01)

Particulate Emissions From Process Equipment

226-0300 Applicability (7/1/01)
226-0310 Emission Standard (7/1/01)
226-0320 Determination of Process Weight (7/1/01)

Alternative Emission Controls

226-0400 Alternative Emission Controls (Bubble) (7/1/01)

Division 228--Requirements for Fuel Burning Equipment and Fuel Sulfur
Content

228-0010 Applicability (10/14/99)
228-0020 Definitions (10/14/99)

Sulfur Content of Fuels

228-0100 Residual Fuel Oils (10/14/99)
228-0110 Distillate Fuel Oils (10/14/99)
228-0120 Coal (10/14/99)
228-0130 Exemptions (10/14/99)

General Emission Standards for Fuel Burning Equipment

228-0200 Sulfur Dioxide Standards (10/14/99)
228-0210 Grain Loading Standards (10/14/99)

Division 232--Emission Standards for VOC Point Sources

232-0010 Introduction (10/14/99)
232-0020 Applicability (10/14/99)
232-0030 Definitions (6/1/01)
232-0040 General Non-categorical Requirements (10/14/99)
232-0050 Exemptions (10/14/99)
232-0060 Compliance Determination (10/14/99)
232-0070 Gasoline Dispensing Facilities (10/14/99)
232-0080 Bulk Gasoline Plants (10/14/99)
232-0085 Gasoline Delivery Vessel(s) (10/14/99)
232-0090 Bulk Gasoline Terminals (10/14/99)
232-0100 Testing Vapor Transfer and Collection Systems (10/14/99)
232-0110 Loading Gasoline onto Marine Tank Vessels (6/1/01)
232-0120 Cutback and Emulsified Asphalt (10/14/99)
232-0130 Petroleum Refineries (10/14/99)
232-0140 Petroleum Refinery Leaks (10/14/99)
232-0150 Liquid Storage (10/14/99)
232-0160 Surface Coating in Manufacturing (10/14/99)
232-0170 Aerospace Component Coating Operations (10/14/99)
232-0180 Degreasers (10/14/99)
232-0190 Open Top Vapor Degreasers (10/14/99)
232-0200 Conveyorized Degreasers (10/14/99)
232-0210 Asphaltic and Coal Tar Pitch Used for Roofing Coating (10/14/
99)
232-0220 Flat Wood Coating (10/14/99)
232-0230 Rotogravure and Flexographic Printing (10/14/99)
232-0240 Perchloroethylene Dry Cleaning (10/14/99)

Division 234--Emission Standards for Wood Products Industries

234-0010 Definitions, excluding (25), (28)(a) & (46) (10/14/99)

Wigwam Waste Burners

234-0100 Statement of Policy and Applicability (10/14/99)
234-0110 Authorization to Operate a Wigwam Burner (10/14/99)
234-0120 Emission and Operation Standards for Wigwam Waste Burners (10/
14/99)
234-0130 Monitoring and Reporting (10/14/99)
234-0140 Existing Administrative Agency Orders (10/14/99)

[[Page 765]]

Kraft Pulp Mills

234-0200 Statement of Policy and Applicability (10/14/99)
234-0210 Emission Limitations, excluding (1) (10/14/99)
234-0220 More Restrictive Emission Limits (10/14/99)
234-0230 Plans and Specifications (10/14/99)
234-0240 Monitoring, excluding (2) (10/14/99)
234-0250 Reporting, excluding (1) & (2) (10/14/99)
234-0260 Upset Conditions, excluding (3)(a)(A) & (3)(b)(A) (10/14/99)
234-0270 Chronic Upset Conditions (10/14/99)

Neutral Sulfite Semi-Chemical (NSSC) Pulp Mills

234-0300 Applicability (10/14/99)
234-0310 Emission Limitations, excluding (1) (10/14/99)
234-0320 More Restrictive Emission Limits, excluding (2) (10/14/99)
234-0330 Plans and Specifications (10/14/99)
234-0340 Monitoring, excluding (2) (10/14/99)
234-0350 Reporting, excluding (1) (10/14/99)
234-0360 Upset Conditions, excluding (3)(a)(A) (10/14/99)

Sulfite Pulp Mills

234-0400 Statement of Policy and Applicability (10/14/99)
234-0410 Minimum Emission Standards (10/14/99)
234-0420 Monitoring and Reporting (10/14/99)
234-0430 Exceptions (10/14/99)

Board Products Industries (Veneer, Plywood, Particleboard, Hardboard)

234-0500 Applicability and General Provisions (10/14/99)
234-0510 Veneer and Plywood Manufacturing Operations (10/14/99)
234-0520 Particleboard Manufacturing Operations (10/14/99)
234-0530 Hardboard Manufacturing Operations (10/14/99)

Division 236--Emission Standards for Specific Industries

236-0010 Definitions (10/14/99)

Primary Aluminum Standards

236-0100 Statement of Purpose (10/14/99)
236-0110 Applicability (10/14/99)
236-0120 Emission Standards, excluding (1)(a), (3)(a), & (3)(e) (10/14/
99)
236-0130 Special Problem Areas (10/14/99)
236-0140 Monitoring, excluding references to fluorides (10/14/99)
236-0150 Reporting, excluding (1)(d) and (1)(e) (10/14/99)

Laterite Ore Production of Ferronickel

236-0200 Statement of Purpose (10/14/99)

236-0210 Applicability (10/14/99)
236-0220 Emission Standards (10/14/99)
236-0230 Monitoring and Reporting (10/14/99)

Hot Mix Asphalt Plants

236-0400 Applicability (10/14/99)
236-0410 Control Facilities Required (10/14/99)
236-0420 Other Established Air Quality Limitations (10/14/99)
236-0430 Portable Hot Mix Asphalt Plants (10/14/99)
236-0440 Ancillary Sources of Emission--Housekeeping of Plant Facilities
(10/14/99)

Division 240--Rules for Areas With Unique Air Quality Needs

240-0010 Purpose (10/14/99)
240-0020 Emission Limitations (7/1/01)
240-0030 Definitions (7/1/01)

The Medford-Ashland Air Quality Maintenance Area and the Grants Pass
Urban Growth Area

240-0100 Applicability (10/14/99)
240-0110 Wood Waste Boilers (7/1/01)
240-0120 Veneer Dryer Emission Limitations (7/1/01)
240-0130 Air Conveying Systems (Medford-Ashland AQMA Only) (7/1/01)
240-0140 Wood Particle Dryers at Particleboard Plants (7/1/01)
240-0150 Hardboard Manufacturing Plants (7/1/01)
240-0160 Wigwam Waste Burners (7/1/01)
240-0170 Charcoal Producing Plants (7/1/01)
240-0180 Control of Fugitive Emissions (Medford-Ashland AQMA Only) (7/1/
01)
240-0190 Requirement for Operation and Maintenance Plans (Medford-
Ashland AQMA Only) (7/1/01)
240-0200 Emission-Limits Compliance Schedules (7/1/01)
240-0210 Continuous Monitoring (7/1/01)
240-0220 Source Testing (7/1/01)
240-0230 New Sources (7/1/01)
240-0240 Rebuilt Boilers (7/1/01)
240-0250 Open Burning (7/1/01)
240-0270 Dual-Fueling Feasibility Study for Wood-Waste Boilers (7/1/01)

La Grande Urban Growth Area

240-0300 Applicability (10/14/99)
240-0310 Compliance Schedule for Existing Sources (7/1/01)
240-0320 Wood-Waste Boilers (7/1/01)
240-0330 Wood Particle Dryers at Particleboard Plants (7/1/01)
240-0340 Hardboard Manufacturing Plants (7/1/01)
240-0350 Air Conveying Systems (7/1/01)
240-0360 Fugitive Emissions (7/1/01)

The Lakeview Urban Growth Area

240-0400 Applicability (7/1/01)
240-0410 Control of Fugitive Emissions (7/1/01)

[[Page 766]]

240-0420 Requirement for Operation and Maintenance Plans (7/1/01)
240-0430 Source Testing (7/1/01)
240-0440 Open Burning (7/1/01)

Division 242--Rules Applicable to the Portland Area

Employee Commute Options Program

242-0010 What is the Employee Commute Options Program? (10/14/99)
242-0020 Who is subject to ECO? (10/14/99)
242-0030 What Does ECO Require? (10/14/99)
242-0040 How does the Department Enforce ECO? (10/14/99)
242-0050 Definitions of Terms used in these Rules (10/14/99)
242-0060 Should All Employees at a Work Site Be Counted? (10/14/99)
242-0070 What are the Major Requirements of ECO? (10/14/99)
242-0080 What are the Registration Requirements? (10/14/99)
242-0090 What are the Requirements for an Employee Survey? (10/14/99)
242-0100 Special Requirements for Employers Intending to Comply without
an Approved Plan (10/14/99)
242-0110 What if the Employer Does Not Meet the Target Auto Trip Rate?
(10/14/99)
242-0120 How Will Employers Demonstrate Progress Toward the Target Auto
Trip Rate? (10/14/99)
242-0130 What Is the Schedule Employers Must Follow To Implement ECO?
(10/14/99)
242-0140 How Should Employers Account for Changes in Work Force Size?
(10/14/99)
242-0150 How Can an Employer Reduce Auto Commute Trips to a Work Site?
(10/14/99)
242-0160 What Should be Included in an Auto Trip Reduction Plan? (10/14/
99)
242-0170 When Will the Department Act on a Submitted Auto Trip Reduction
Plan? (10/14/99)
242-0180 What is a Good Faith Effort? (10/14/99)
242-0190 How Does the ECO Program Affect New Employers, Expanding
Employers and Employers Relocating Within the Portland AQMA? (10/14/99)
242-0200 Can A New or Relocating Employer Comply with ECO Through
Restricted Parking Ratios? (10/14/99)
242-0210 Can An Existing Employer Comply With ECO Through Restricted
Parking Ratios? (10/14/99)
242-0220 What if an Employer Has More Than One Work Site Within The
Portland AQMA? (10/14/99)
242-0230 Can Employers Submit a Joint Plan? (10/14/99)
242-0240 Are There Alternatives to Trip Reduction? (10/14/99)
242-0250 What Alternatives Qualify as Equivalent Emission Reductions?
(10/14/99)
242-0260 Can Employers Get Credit For Existing Trip Reduction Programs?
(10/14/99)
242-0270 Are Exemptions Allowed If An Employer Is Unable to Reduce Trips
Or Take Advantage of Alternate Compliance Options? (10/14/99)
242-0280 Participation In the Industrial Emission Management Program
(10/14/99)
242-0290 What Kind of Records Must Be Kept and For How Long? (10/14/99)

Voluntary Maximum Parking Ratio Program

242-0300 What is the Voluntary Parking Ratio Program? (10/14/99)
242-0310 Who can Participate in the Voluntary Parking Ratio Program?
(10/14/99)
242-0320 Definitions of Terms and Land Uses (10/14/99)
242-0330 How Does a Property Owner Comply with the Voluntary Parking
Ratio Program? (10/14/99)
242-0340 What are the Incentives for Complying with the Voluntary
Parking Ratio Program? (10/14/99)
242-0350 Why do I Need A Parking Ratio Permit? (10/14/99)
242-0360 What is Required to Obtain A Parking Ratio Permit? (10/14/99)
242-0370 How is the Parking Ratio Program Enforced? (10/14/99)
242-0380 When will the Department Act on a Submitted Permit Application?
(10/14/99)
242-0390 What are the Applicable Parking Ratios? (10/14/99)

Industrial Emission Management Program

242-0400 Applicability (10/14/99)
242-0410 Definition of Terms (10/14/99)
242-0420 Unused PSEL Donation Program (10/14/99)
242-0430 Industrial Growth Allowances (10/14/99)
242-0440 Industrial Growth Allowance Allocation (10/14/99)

Gasoline Vapors From Gasoline Transfer and Dispensing Operations

242-0500 Purpose and Applicability (10/14/99)
242-0510 Definitions (10/14/99)
242-0520 General Provisions (10/14/99)

Motor Vehicle Refinishing

242-0600 Applicability (10/14/99)
242-0610 Definitions (10/14/99)
242-0620 Requirements for Motor Vehicle Refinishing in Portland AQMA
(10/14/99)
242-0630 Inspecting and Testing Requirements (10/14/99)

Spray Paint

242-0700 Applicability (10/14/99)
242-0710 Definitions (10/14/99)
242-0720 Spray Paint Standards and Exemptions (10/14/99)
242-0730 Requirements for Manufacture, Sale, and Use of Spray Paint (10/
14/99)
242-0740 Recordkeeping and Reporting Requirements (10/14/99)

[[Page 767]]

242-0750 Inspection and Testing Requirements (10/14/99)

Area Source Common Provisions

242-0760 Applicability (10/14/99)
242-0770 Compliance Extensions (10/14/99)
242-0780 Exemption from Disclosure to the Public (10/14/99)
242-0790 Future Review (10/14/99)

Division 250--General Conformity

250-0010 Purpose (10/14/99)
250-0020 Applicability (10/14/99)
250-0030 Definitions (10/14/99)
250-0040 Conformity Analysis (10/14/99)
250-0050 Reporting Requirements (10/14/99)
250-0060 Public Participation (10/14/99)
250-0070 Frequency of Conformity Determinations (10/14/99)
250-0080 Criteria for Determining Conformity of General Federal Actions
(10/14/99)
250-0090 Procedures for Conformity Determinations for General Federal
Actions (10/14/99)
250-0100 Mitigation of Air Quality Impacts (10/14/99)

Division 252--Transportation Conformity

252-0010 Purpose (10/14/99)
252-0020 Applicability, except (3) (10/14/99)
252-0030 Definitions (10/14/99)
252-0040 Priority (10/14/99)
252-0050 Frequency of Conformity Determinations, except (4) & (5)(b)
(10/14/99)
252-0060 Consultation (10/14/99)
252-0070 Content of Transportation Plans (10/14/99)
252-0080 Relationship of Transportation Plan & TIP Conformity with the
NEPA Process (10/14/99)
252-0090 Fiscal Constraints for Transportation Plans & TIPs (10/14/99)
252-0100 Criteria & Procedures for Determining Conformity of
Transportation Plans, Programs, and Projects: General, except (3)
through (6) (10/14/99)
252-0110 Criteria & Procedures: Latest Planning Assumptions (10/14/99)
252-0120 Criteria & Procedures: Latest Emissions Model (10/14/99)
252-0130 Criteria & Procedures: Consultation (10/14/99)
252-0140 Criteria & Procedures: Timely Implementation of TCMs (10/14/99)
252-0150 Criteria & Procedures: Currently Conforming Transportation Plan
and TIP (10/14/99)
252-0160 Criteria & Procedures: Projects from a Plan & TIP (10/14/99)
252-0170 Criteria & Procedures: Localized CO and PM-10 Violations (Hot
spots) (10/14/99)
252-0180 Criteria & Procedures: Compliance w/PM-10 Control Measures (10/
14/99)
252-0190 Criteria & Procedures: Motor vehicle Emissions Budget, except
(5) (10/14/99)
252-0200 Criteria & Procedures: Emission Reductions in Areas Without
Motor Vehicle Emissions Budgets, except (6)(c) (10/14/99)
252-0210 Consequences of Control Strategy Implementation Plan Failures,
except (1)(b) (10/14/99)
252-0220 Requirements for Adoption or Approval of Projects by Other
Recipients of Funds Designated under Title 23 U.S.C. or the Federal
Transit Laws, except (1)(a) & (2) (10/14/99)
252-0230 Procedures for Determining Regional Transportation-Related
Emissions (10/14/99)
252-0240 Procedures for Determining Localized CO and PM-10
Concentrations (Hot-Spot Analysis) (10/14/99)
252-0250 Using the Motor Vehicle Emissions Budget in the Applicable
Implementation Plan (or Implementation Plan Submission), except (2) (10/
14/99)
252-0260 Enforceability of Design Concept and Scope and Project-Level
Mitigation and Control Measures (10/14/99)
252-0270 Exempt Projects (10/14/99)
252-0280 Projects Exempt from Regional Emissions Analyses (10/14/99)
252-0290 Traffic Signal Synchronization Projects (10/14/99)

Division 258--Motor Vehicle Fuel Specifications

258-0010 Definitions (10/14/99)

Oxygenated Gasoline

258-0100 Policy (10/14/99)
258-0110 Purpose and General Requirements (10/14/99)
258-0120 Sampling & Testing for Oxygen Content (10/14/99)
258-0130 Compliance Options (10/14/99)
258-0140 Per Gallon Oxygen Content Standard (10/14/99)
258-0150 Average Oxygen Content Standard (10/14/99)
258-0160 Minimum Oxygen Content (10/14/99)
258-0170 Oxygenated Gasoline Blending (10/14/99)
258-0180 Registration (10/14/99)
258-0190 CAR, Distributor and Retail Outlet Operating Permits (10/14/99)
258-0200 Owners of Gasoline at Terminals, Distributors and Retail
Outlets Required to Have Indirect Source Operating Permits (10/14/99)
258-0210 Recordkeeping (10/14/99)
258-0220 Reporting (10/14/99)
258-0230 Prohibited Activities (10/14/99)
258-0240 Inspection and Sampling (10/14/99)
258-0250 Liability for Violation of a Prohibited Activity (10/14/99)
258-0260 Defenses for Prohibited Activities (10/14/99)

[[Page 768]]

258-0270 Inability to Produce Conforming Gasoline Due to Extraordinary
Circumstances (10/14/99)
258-0280 Quality Assurance Program (10/14/99)
258-0290 Attest Engagements Guidelines when Prohibited Activities
Alleged (10/14/99)
258-0300 Dispenser Labeling (10/14/99)
258-0310 Contingency Provision for Carbon Monoxide Nonattainment Areas
(10/14/99)

Standard for Automotive Gasoline

258-0400 Reid Vapor Pressure for Gasoline (10/14/99)

Division 262--Residential Woodheating

262-0010 Purpose (10/14/99)
262-0020 Definitions (10/14/99)

Woodstove Sales

262-0030 Requirements for Sale of Woodstoves (10/14/99)
262-0040 Exemptions (10/14/99)

Woodstove Certification Program

262-0100 Applicability (10/14/99)
262-0110 Emissions Performance Standards and Certification (10/14/99)
262-0120 General Certification Procedures (10/14/99)
262-0130 Labeling Requirements (10/14/99)

Woodburning Curtailment

262-0200 Applicability (10/14/99)
262-0210 Determination of Air Stagnation Conditions (10/14/99)
262-0220 Prohibition on Woodburning During Periods of Air Stagnation
(10/14/99)
262-0230 Public Information Program (10/14/99)
262-0240 Enforcement (10/14/99)
262-0250 Suspension of Department Program (10/14/99)

Woodstove Removal Contingency Program

262-0300 Applicability (10/14/99)
262-0310 Removal and Destruction of Uncertified Stove Upon Sale of Home
(10/14/99)
262-0320 Home Seller's Responsibility to Verify Stove Destruction (10/
14/99)
262-0330 Home Seller's Responsibility to Disclose (10/14/99)

Division 266--Field Burning Rules (Willamette Valley)

266-0010 Introduction (10/14/99)
266-0020 Policy (10/14/99)
266-0030 Definitions (10/14/99)
266-0040 General Requirements (10/14/99)
266-0050 Registration, Permits, Fees, Records (10/14/99)
266-0060 Acreage Limitations, Allocations (10/14/99)
266-0070 Daily Burning Authorization Criteria (10/14/99)
266-0080 Burning by Public Agencies (Training Fires) (10/14/99)
266-0090 Preparatory Burning (10/14/99)
266-0100 Experimental Burning (10/14/99)
266-0110 Emergency Burning, Cessation (10/14/99)
266-0120 Propane Flaming (10/14/99)
266-0130 Stack Burning (10/14/99)

Division 268--Emission Reduction Credits

268-0010 Applicability (7/1/01)
268-0020 Definitions (10/14/99)
268-0030 Emission Reduction Credits (7/1/01)

3.2 Lane Regional Air Pollution Authority Regulations

(LRAPA effective date)/EPA SIP effective date
Title 11 Policy and General Provisions
11-005 Policy (10-9-79)/11-8-93
11-010 Construction and Validity (10-9-79)/11-8-93

Title 12 Definitions (3-8-94)/October 2, 2001

Title 16 Home Wood Heating Curtailment Program Enforcement

16-001 Purpose (7-13-93)/10-24-94
16-010 Definitions (7-13-93)/10-24-94
16-100 Civil Penalty Schedule (7-13-93)/10-24-94
16-110 Classification of Violations (7-13-93)/10-24-94
16-120 Notice of Violation (7-13-93)/10-24-94
16-130 Appeal of Civil Penalty (7-13-93)/10-24-94
16-140 Conducting Contested Case Evidentiary Hearings (7-13-93)/10-
24-94
16-150 Evidentiary Rules (7-13-93)/10-24-94
16-160 Final Orders (7-13-93)/10-24-94
16-170 Default Orders (7-13-93)/10-24-94
Title 30 Incinerator Regulations
30-005 Purpose and Applicability (3-8-94)/October 2, 2001
30-010 Definitions (3-8-94)/October 2, 2001
30-015 Best Available Control Technology for Solid and Infectious
Waste Incinerators (3-8-94)/October 2, 2001
30-020 Emission Limitations for Solid and Infectious Waste
Incinerators *except for sections (2) & (8) (3-8-94)/October 2, 2001
30-025 Design and Operation for Solid and Infectious Waste
Incinerators *except for section (9) (3-8-94)/October 2, 2001
30-030 Continuous Emission Monitoring for Solid and Infectious Waste
Incinerators *except for sections (1)(I) & (2)(E) (3-8-94)/October 2,
2001
30-035 Reporting and Testing for Solid and Infectious Waste
Incinerators (3-8-94)/October 2, 2001
30-040 Compliance for Solid and Infectious Waste Incinerators (3-8-
94)/October 2, 2001

[[Page 769]]

30-045 Emission Limitations of Crematory Incinerators *except for
section (3) (3-8-94)/October 2, 2001
30-050 Design and Operation of Crematory Incinerators (3-8-94)/
October 2, 2001
30-055 Monitoring and Reporting for Crematory Incinerators (3-8-94)/
October 2, 2001
30-060 Compliance of Crematory Incinerators (3-8-94)/October 2, 2001
Title 32 Emission Standards
32-001 Definitions (11-10-94)/October 2, 2001
32-005 Highest and Best Practicable Treatment and Control Required
(11-10-94)/October 2, 2001
32-006 Pollution Prevention (11-10-94)/October 2, 2001
32-007 Operating and Maintenance Requirements (11-10-94)/October 2,
2001
32-008 Typically Achievable Control Technology (TACT) (11-10-94)/
October 2, 2001
32-009 Additional Control Requirements for Stationary Sources of Air
Contaminants (11-10-94)/October 2, 2001
32-010 Visible Air Contaminant Limitations (11-10-94)/October 2,
2001
32-015 Particulate Matter Weight Standards (11-10-94)/October 2,
2001
32-020 Particulate Matter Weight Standards--Existing Combustion
Sources (11-10-94)/October 2, 2001
32-030 Particulate Matter Weight Standards--New Combustion Sources
(11-10-94)/October 2, 2001
32-045 Process Weight Emission Limitations (11-10-94)/ October 2,
2001
32-055 Particulate Matter Size Standard (11-10-94)/October 2, 2001
32-060 Airborne Particulate Matter (9-14-82)/11-8-93
32-060 Air Conveying Systems (11-10-94)/October 2, 2001
32-065 Sulfur Content of Fuels (11-10-94)/October 2, 2001
32-070 Sulfur Dioxide Emission Limitations (11-10-94)/October 2,
2001
32-090 Other Emissions (11-10-94)/October 2, 2001
Table 1 Table of Allowable Rate of Particulate Emissions--Based on
Process Weight (11-10-94)/October 2, 2001

Title 33 Prohibited Practices and Control of Special Classes of Industry

33-030 Concealment and Masking of Emissions(11-10-94)/October 2,
2001
33-045 Gasoline Tanks (11-10-94)/October 2, 2001
33-060 Board Products Industries (Hardwood, Particleboard, Plywood,
Veneer) (11-10-94)/October 2, 2001
33-065 Charcoal Producing Plants (11-10-94)/October 2, 2001
33-070 Kraft Pulp Mills *except sections (1)(Definitions of Non-
Condensibles, Other Sources, and Total Reduced Sulfur (TRS)), (3)(A),
(6)(B), (7)(A), (7)(B), (8)(C)(1)(a), & (8)(C)(2)(a) (11-10-94)/October
2, 2001
33-075 Hot Mix Asphalt Plants (11-10-94)/October 2, 2001
Title 34 Stationary Source Rules and Permitting Procedures
34-001 General Policy and Rule Organization (6-13-00)/October 2,
2001
34-005 Definitions (6-13-00)/October 2, 2001

Rules Applicable to All Stationary Sources

34-010 Applicability (6-13-00)/October 2, 2001
34-015 Request for Information (6-13-00)/October 2, 2001
34-020 Information Exempt from Disclosure (6-13-00)/October 2, 2001
34-030 Source Registration (6-13-00)/October 2, 2001
34-040 Compliance Schedules for Existing Sources Affected by New
Rules (6-13-00)/October 2, 2001

Rules Applicable to Sources Required To Have ACDP or Title V Operating
Permits

34-050 Applicability (6-13-00)/October 2, 2001
34-060 Plant Site Emission Limit Rules (6-13-00)/October 2, 2001
*except for sections (6) and (8)
34-070 Sampling, Testing and Monitoring of Air Contaminant Emissions
(6-13-00)/October 2, 2001

Rules Applicable to Sources Required To Have Air Contaminant Discharge
Permits (ACDP)

34-090 Purpose and Applicability (6-13-00)/October 2, 2001
34-100 Permit Categories (6-13-00)/October 2, 2001
34-110 Permit Required (6-13-00)/October 2, 2001
34-120 Synthetic Minor Sources (6-13-00)/October 2, 2001
34-130 General Procedures for Obtaining ACDP Permits (6-13-00)/
October 2, 2001
34-140 Permit Duration (6-13-00)/October 2, 2001
34-150 ACDP Fees (6-13-00)/October 2, 2001
Table A Air Contaminant Sources and Associated Fee Schedule (6-13-
00)/October 2, 2001
Title 38 New Source Review
38-001 General Applicability (2-13-90)/11-8-93
38-005 Definitions (2-13-90)/11-8-93
38-010 General Requirements for Major Sources and Major
Modifications (2-13-90)/11-8-93
38-015 Additional Requirements for Major Sources or Major
Modifications Located in Nonattainment Areas (2-13-90)/11-8-93

[[Page 770]]

38-020 Additional Requirements for Major Sources or Major
Modifications in Attainment or Unclassified Areas (Prevention of
Significant Deterioration) (2-13-90)/11-8-93
38-025 Exemptions for Major Sources and Major Modifications (2-13-
90)/11-8-93
38-030 Baseline for Determining Credits for Offsets (2-13-90)/11-8-
93
38-035 Requirements for Net Air Quality Benefit for Major Sources
and Major Modifications (2-13-90)/11-8-93
38-040 Emission Reduction Credit Banking (2-13-90)/11-8-93
38-045 Requirements for Non-Major Sources and Non-Major
Modifications (2-13-90)/11-8-93
38-050 Stack Height and Dispersion Techniques (2-13-90)/11-8-93

Title 39 Contingency for PM10 Sources in Eugene-Springfield Non-
Attainment Area

39-001 Purpose (11-13-91)/10-24-94
39-005 Relation to Other Rules (11-13-91)/10-24-94
39-010 Applicability (11-13-91)/10-24-94
39-015 Definitions (11-13-91)/10-24-94
39-020 Compliance Schedule for Existing Sources (11-13-91)/10-24-94
39-025 Wood-Waste Boilers (11-13-91)/10-24-94
39-030 Veneer Dryers (11-13-91)/10-24-94
39-035 Particleboard Plants and Wood Particle Dryers (11-13-91)/10-
24-94
39-040 Kraft Pulp Mills (11-13-91)/10-24-94
39-050 Air Conveying Systems (11-13-91)/10-24-94
39-055 Fugitive Dust (11-13-91)/10-24-94
39-060 Open Burning (11-13-91)/10-24-94

Title 47 Rules for Open Outdoor Burning 47-001 General Policy (8-14-84)/
11-8-93

47-005 Statutory Exemptions from These Rules (8-14-84)/11-8-93
47-010 Definitions (1-1-93)/3-13-95
47-015 Open Burning Requirements (1-1-93)/3-13-95
47-020 Letter Permits (1-1-93)/3-13-95
47-030 Summary of Seasons, Areas, and Permit Requirements for Open
Outdoor Burning (1-1-93)/3-13-95
Title 50 Ambient Air Standards 50-005 General (7-12-88)/11-8-93
50-015 Suspended Particulate Matter (7-12-88)/11-8-93
50-025 Sulfur Dioxide (7-12-88)/11-8-93
50-030 Carbon Monoxide (7-12-88)/11-8-93
50-035 Ozone (7-12-88)/11-8-93
50-040 Nitrogen Dioxide (7-12-88)/11-8-93
50-045 Lead (7-12-88)/11-8-93
Title 51 Air Pollution Emergencies
51-005 Introduction (7-12-88)/11-8-93
51-010 Episode Criteria (7-12-88)/11-8-93
51-015 Emission Reduction Plans (7-12-88)/11-8-93
51-020 Preplanned Abatement Strategies (7-12-88)/11-8-93
51-025 Implementation (7-12-88)/11-8-93
Table I Air Pollution Episode, Alert Condition Emission Reduction
Plan (7-12-88)/11-8-93
Table II Air Pollution Episode, Warning Conditions Emission
Reduction Plan (7-12-88)/11-8-93

3.3 OAR Chapter 629-43-043 Smoke Management Plan Administrative Rules
(12-12-86)

4. Control Strategies for Nonattainment Areas (1-86)

4.1 Portland-Vancouver AQMA-Total Suspended Particulate (12-19-80)
4.2 Portland-Vancouver AQMA-Carbon Monoxide (7-16-82)
4.3 Portland-Vancouver AQMA-Ozone (7-16-82)
4.4 Salem Nonattainment Area-Carbon Monoxide (7-79)
4.5 Salem Nonattainment Area-Ozone (9-19-80)
4.6 Eugene-Springfield AQMA-Total Suspended Particulate (1-30-81)
4.7 Eugene-Springfield AQMA-Carbon Monoxide (6-20-79)
4.8 Medford-Ashland AQMA-Ozone (1-85)
4.9 Medford-Ashland AQMA-Carbon Monoxide (8-82)
4.10 Medford-Ashland AQMA-Particulate Matter (4-83)
4.11 Grants Pass Nonattainment-Carbon Monoxide (10-84)

5. Control Strategies for Attainment and Nonattainment Areas (1-86)

5.1 Statewide Control Strategies for Lead (1-83)
5.2 Visibility Protection Plan (10-24-86)
5.3 Prevention of Significant Deterioration (1-86)

6. Ambient Air Quality Monitoring Program

6.1 Air Monitoring Network (1-86)
6.2 Data Handling and Analysis Procedures (1-86)
6.3 Episode Monitoring (1-86)

7. Emergency Action Plan (1-86)

8. Public Involvement (1-86)

9. Plan Revisions and Reporting (1-86)

Volume 3--Appendices

Statewide Regulatory Provisions and Administration (Appendix A)

Directive 1-4-1-601 Operational Guidance for the Oregon SmokeManagement
Program/Slash Burning Smoke Management Plan (App. A1)
Field Burning Smoke Management Plan (App. A2)
Interagency Memoranda of Understanding Lead Agency Designations (App.
A3)

[[Page 771]]

Source Sampling Manual (App. A4)
Air Quality Monitoring Quality Assurance Procedures Manual (App. A5)
Continuous Monitoring Manual (App. A6)

Control Strategies for Nonattainment Areas (Appendix B)

Portland-Vancouver AQMA (App. B1)

Legal Definition of TSP Nonattainment Area Boundaries (App. B1-1)
Carbon Monoxide Monitoring Program (App. B1-2)
Carbon Monoxide Emission Inventories (App. B1-3)
Volatile Organic Compound Emission Inventories (App. B1-4)
Input Factors Used to Develop Motor Vehicle EI's (App. B1-5)

Salem Nonattainment Area (App. B2)

Study Area (App. B2-1)
Emission Inventories (App. B2-2)
Existing Programs and Plans (App. B2-3)
Carbon Monoxide Analysis (App. B2-4)

Eugene-Springfield AQMA (App. B3)

Unpaved Road Dust Inventory (App. B3-1)
Phase II Work Plans (App. B3-2)

Medford-Ashland AQMA (App. B4)

Legal Description of the Medford-Ashland AQMA (App. B4-1)
Documentation of Ozone Standard Attainment Projection (App. B4-2)
Air Quality Work Plan (App. B4-3)
Volatile Organic Compound Emissions Inventory (App. B4-4)
Carbon Monoxide Emission Inventory (App. B4-5)
Reasonably Available Transportation Measures (App. B4-6)
Description of the Projected TSP Nonattainment Area (App. B4-7)
Attainment Dates for Newly Designated Nonattainment Areas (App. B4-8)

Statewide Control Strategies (Appendix C)

Lead (App. C1)
Lead Emission Inventories for Portland-Vancouver AQMA (App. C1-1)

[59 FR 25334, May 16, 1994, as amended at 60 FR 2692, Jan. 11, 1995; 66
FR 40620, Aug. 3, 2001; 68 FR 2904, Jan. 22, 2003]

Sec. Sec. 52.1978-52.1981 [Reserved]

Sec. 52.1982 Control strategy: Ozone.

(a) Part D--Approval. (1) The Salem/ Portland and Medford/Ashland
area attainment plans are approved as satisfying Part D requirements
with the following clarification as to their implementation:
(i) DEQ source test method 24 will be used in conjunction with
method 25 for determining compliance of surface coating operations.
(ii) The phrase ``in most cases'' in rule OAR 340-232-0060(1)
applies to approximately 1,200 gasoline service stations where
compliance is determined by observing whether specific emission control
equipment, selected from a specific list on file at DEQ, is in place and
operating properly.

[46 FR 54940, Nov. 5, 1981, as amended at 68 FR 2909, Jan. 22, 2003]

Sec. Sec. 52.1983-52.1986 [Reserved]

Sec. 52.1987 Significant deterioration of air quality.

(a) The Oregon Department of Environmental Quality rules for the
prevention of significant deterioration of air quality (provisions of
OAR Chapter 340, Divisions 200, 202, 209, 212, 216, 222, 224, 225
(except 225-0090(2)(a)(C) on interpollutant offset ratios), and 268, as
in effect on May 1, 2011, are approved as meeting the requirements of
title I, part C, subpart 1 of the Clean Air Act, as in effect on July 1,
2011, for preventing significant deterioration of air quality.
(b) The Lane Regional Air Pollution Authority rules for permitting
new and modified major stationary sources (Title 38 New Source Review)
are approved, in conjunction with the Oregon Department of Environmental
Quality rules, in order for the Lane Regional Air Pollution Authority to
issue prevention of significant deterioration permits within Lane
County.
(c) The requirements of sections 160 through 165 of the Clean Air
Act are not met for Indian reservations since the plan does not include
approvable procedures for preventing the significant deterioration of
air quality on Indian reservations and, therefore, the provisions in
Sec. 52.21 except paragraph (a)(1) are hereby incorporated and made
part of the applicable plan for Indian reservations in the State of
Oregon.

[76 FR 80754, Dec. 27, 2011]

[[Page 772]]

Sec. 52.1988 Air contaminant discharge permits.

(a) Except for compliance schedules under OAR 340-200-0050, emission
limitations and other provisions contained in Air Contaminant Discharge
Permits issued by the State in accordance with the provisions of the
Federally-approved rules for Air Contaminant Discharge Permits (OAR
chapter 340, Division 216), Plant Site Emission Limit (OAR chapter 340,
Division 222), Alternative Emission Controls (OAR 340-226-0040) and
Public Participation (OAR chapter 340, Division 209), shall be
applicable requirements of the Federally-approved Oregon SIP (in
addition to any other provisions) for the purposes of section 113 of the
Clean Air Act and shall be enforceable by EPA and by any person in the
same manner as other requirements of the SIP. Plant site emission limits
and alternative emission limits (bubbles) established in Federal
Operating Permits issued by the State in accordance with the Federally-
approved rules for Plant Site Emission Limit (OAR chapter 340, Division
222) and Alternative Emission Controls (OAR 340-226-0040), shall be
applicable requirements of the Federally-approved Oregon SIP (in
addition to any other provisions) for the purposes of section 113 of the
Clean Air Act and shall be enforceable by EPA and by any person in the
same manner as other requirements of the SIP.
(b) Emission limitations and other provisions contained in Air
Contaminant Discharge Permits and Federal Operating Permits established
by the Lane Regional Air Pollution Authority pursuant to the rules
applicable to sources required to have ACDP or Title V Operating Permits
(Title 34, Sections 050, 060 (except for 060(6) ``Plant Site Emission
Limits for Sources of Hazardous Air Pollutants'' and 060(8)
``Alternative Emission Controls (Bubble)''), and 070) and the rules
applicable to sources required to have air contaminant discharge permits
(ACDP) (Title 34, Sections 090 through 150), shall be applicable
requirements of the Federally-approved Oregon SIP (in addition to any
other provisions) for the purposes of Section 113 of the Clean Air Act
and shall be enforceable by EPA and by any person in the same manner as
other requirements of the SIP.

[62 FR 10462, Mar. 7, 1997, as amended at 66 FR 40622, Aug. 3, 2001; 68
FR 2909, Jan. 22, 2003]

Sec. 52.1989 Interstate Transport for the 1997 8-hour ozone NAAQS
and 1997 PM2.5 NAAQS.

(a) On June 23, 2010 and December 22, 2010, the Oregon Department of
Environmental Quality submitted a SIP revision, adopted by the Oregon
Environmental Quality Commission on April 30, 2010, to meet the
requirements of Clean Air Act section 110(a)(2)(D)(i). EPA approves the
portion of this submittal relating to significant contribution to
nonattainment of the NAAQS in any other state and interference with
maintenance of the NAAQS by any other state. EPA also approves the
portion of the submittal addressing the requirement in Clean Air Act
section 110(a)(2)(D)(i)(II) that a state not interfere with any other
state's required measures to prevent significant deterioration (PSD) of
its air quality (the third PSD element).
(b) On December 20, 2010, the Oregon Department of Environmental
Quality submitted a Regional Haze SIP revision, adopted by the Oregon
Environmental Quality Commission on December 9, 2010. EPA approves the
portion of this submittal relating to section 110(a)(2)(D)(i)(II) as it
applies to visibility for the 1997 8-hour ozone NAAQS and 1997
PM2.5 NAAQS. The SIP revision also meets the requirements of
Clean Air Act section 169A and 40 CFR 51.308(e) regarding Best Available
Retrofit Technology and the requirements of 40 CFR 51.308(d)(2) and
(d)(4)(v) regarding the calculation of baseline and natural conditions
for the Mt. Hood Wilderness Area, Mt. Jefferson Wilderness Area, Mt
Washington Wilderness Area, Kalmiopsis Wilderness Area, Mountain Lakes
Wilderness Area, Gearhart Mountain Wilderness Area, Crater Lake National
Park, Diamond Peak Wilderness Area, Three Sisters Wilderness Area,
Strawberry Mountain Wilderness Area, Eagle Cap Wilderness Area, and
Hells Canyon Wilderness Area, and the statewide inventory of

[[Page 773]]

emissions of pollutants that are reasonably anticipated to cause or
contribute to visibility impairment in any mandatory Class I Federal
Area.

[76 FR 33651, June 9, 2011, as amended at 76 FR 39005, July 5, 2011; 76
FR 80754, Dec. 27, 2011]

Sec. 52.1990 Interstate Transport for the 2006 24-hour PM2.5 NAAQS.

(a) EPA approves the portion of Oregon's SIP revision submitted June
23, 2010, and December 22, 2010 (referenced in Sec. 52.1989(a))
addressing the requirement in Clean Air Act section 110(a)(2)(D)(i)(II)
that a state not interfere with any other state's required measures to
prevent significant deterioration (PSD) of its air quality (the third
PSD element).
(b) [Reserved]

[76 FR 80754, Dec. 27, 2011]

Sec. 52.1991 Section 110(a)(2) infrastructure requirements.

(a) On September 25, 2008, Oregon Department of Environmental
Quality submitted a certification to address the requirements of CAA
Section 110(a)(1) and (2) for the 1997 8-hour ozone NAAQS. EPA approves
the submittal as meeting the following 110(a)(2) infrastructure elements
for the 1997 8-hour ozone NAAQS: (A), (B), (C), (D)(ii), (E), (F), (G),
(H), (J), (K), (L), and (M).
(b) On September 25, 2008, December 23, 2010, August 17, 2011, and
December 19, 2011, the Oregon Department of Environmental Quality
submitted SIP revisions to address the requirements of CAA sections
110(a)(1) and (2) for the 1997 PM2.5, 2006 PM2.5,
and 2008 ozone NAAQS. The EPA approves the submittals as meeting the
following CAA section 110(a)(2) infrastructure elements for the 1997
PM2.5, 2006 PM2.5, and the 2008 ozone NAAQS: (A),
(B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). The EPA
also approves the submittals as meeting the requirements of CAA section
110(a)(2)(D)(i)(II) as it applies to prevention of significant
deterioration for the 2008 ozone NAAQS, and CAA section
110(a)(2)(D)(i)(II) as it applies to visibility for the 2006
PM2.5 and 2008 ozone NAAQS.

[77 FR 29905, May 21, 2012, as amended at 78 FR 46516, Aug. 1, 2013]

Effective Date Note: At 79 FR 35695, June 24, 2014, Sec. 52.1991
was amended by adding paragraph (c), effective July 24, 2014. For the
convenience of the user, the added text is set forth as follows:

Sec. 52.1991 Section 110(a)(2) infrastructure requirements.

* * * * *

(c) On December 27, 2013, the Oregon Department of Environmental
Quality submitted a SIP revision to address the requirements of CAA
sections 110(a)(1) and (2) for the 2008 lead NAAQS. The EPA approves the
submittal as meeting the following CAA section 110(a)(2) infrastructure
elements for the 2008 lead NAAQS: (A), (B), (C), (D)(i)(II), (D)(ii),
(E), (F), (G), (H), (J), (K), (L), and (M).

Sec. Sec. 52.1992-52.2019 [Reserved]

[[Page 775]]

FINDING AIDS

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

A list of CFR titles, subtitles, chapters, subchapters and parts and
an alphabetical list of agencies publishing in the CFR are included in
the CFR Index and Finding Aids volume to the Code of Federal Regulations
which is published separately and revised annually.

Table of CFR Titles and Chapters
Alphabetical List of Agencies Appearing in the CFR
List of CFR Sections Affected

[[Page 777]]

Table of CFR Titles and Chapters

(Revised as of July 1, 2014)

Title 1--General Provisions

I Administrative Committee of the Federal Register
(Parts 1--49)
II Office of the Federal Register (Parts 50--299)
III Administrative Conference of the United States (Parts
300--399)
IV Miscellaneous Agencies (Parts 400--500)

Title 2--Grants and Agreements

Subtitle A--Office of Management and Budget Guidance
for Grants and Agreements
I Office of Management and Budget Governmentwide
Guidance for Grants and Agreements (Parts 2--199)
II Office of Management and Budget Guidance (Parts 200--
299)
Subtitle B--Federal Agency Regulations for Grants and
Agreements
III Department of Health and Human Services (Parts 300--
399)
IV Department of Agriculture (Parts 400--499)
VI Department of State (Parts 600--699)
VII Agency for International Development (Parts 700--799)
VIII Department of Veterans Affairs (Parts 800--899)
IX Department of Energy (Parts 900--999)
XI Department of Defense (Parts 1100--1199)
XII Department of Transportation (Parts 1200--1299)
XIII Department of Commerce (Parts 1300--1399)
XIV Department of the Interior (Parts 1400--1499)
XV Environmental Protection Agency (Parts 1500--1599)
XVIII National Aeronautics and Space Administration (Parts
1800--1899)
XX United States Nuclear Regulatory Commission (Parts
2000--2099)
XXII Corporation for National and Community Service (Parts
2200--2299)
XXIII Social Security Administration (Parts 2300--2399)
XXIV Housing and Urban Development (Parts 2400--2499)
XXV National Science Foundation (Parts 2500--2599)
XXVI National Archives and Records Administration (Parts
2600--2699)
XXVII Small Business Administration (Parts 2700--2799)
XXVIII Department of Justice (Parts 2800--2899)

[[Page 778]]

XXX Department of Homeland Security (Parts 3000--3099)
XXXI Institute of Museum and Library Services (Parts 3100--
3199)
XXXII National Endowment for the Arts (Parts 3200--3299)
XXXIII National Endowment for the Humanities (Parts 3300--
3399)
XXXIV Department of Education (Parts 3400--3499)
XXXV Export-Import Bank of the United States (Parts 3500--
3599)
XXXVII Peace Corps (Parts 3700--3799)
LVIII Election Assistance Commission (Parts 5800--5899)

Title 3--The President

I Executive Office of the President (Parts 100--199)

Title 4--Accounts

I Government Accountability Office (Parts 1--199)
II Recovery Accountability and Transparency Board (Parts
200--299)

Title 5--Administrative Personnel

I Office of Personnel Management (Parts 1--1199)
II Merit Systems Protection Board (Parts 1200--1299)
III Office of Management and Budget (Parts 1300--1399)
V The International Organizations Employees Loyalty
Board (Parts 1500--1599)
VI Federal Retirement Thrift Investment Board (Parts
1600--1699)
VIII Office of Special Counsel (Parts 1800--1899)
IX Appalachian Regional Commission (Parts 1900--1999)
XI Armed Forces Retirement Home (Parts 2100--2199)
XIV Federal Labor Relations Authority, General Counsel of
the Federal Labor Relations Authority and Federal
Service Impasses Panel (Parts 2400--2499)
XV Office of Administration, Executive Office of the
President (Parts 2500--2599)
XVI Office of Government Ethics (Parts 2600--2699)
XXI Department of the Treasury (Parts 3100--3199)
XXII Federal Deposit Insurance Corporation (Parts 3200--
3299)
XXIII Department of Energy (Parts 3300--3399)
XXIV Federal Energy Regulatory Commission (Parts 3400--
3499)
XXV Department of the Interior (Parts 3500--3599)
XXVI Department of Defense (Parts 3600--3699)
XXVIII Department of Justice (Parts 3800--3899)
XXIX Federal Communications Commission (Parts 3900--3999)
XXX Farm Credit System Insurance Corporation (Parts 4000--
4099)
XXXI Farm Credit Administration (Parts 4100--4199)

[[Page 779]]

XXXIII Overseas Private Investment Corporation (Parts 4300--
4399)
XXXIV Securities and Exchange Commission (Parts 4400--4499)
XXXV Office of Personnel Management (Parts 4500--4599)
XXXVII Federal Election Commission (Parts 4700--4799)
XL Interstate Commerce Commission (Parts 5000--5099)
XLI Commodity Futures Trading Commission (Parts 5100--
5199)
XLII Department of Labor (Parts 5200--5299)
XLIII National Science Foundation (Parts 5300--5399)
XLV Department of Health and Human Services (Parts 5500--
5599)
XLVI Postal Rate Commission (Parts 5600--5699)
XLVII Federal Trade Commission (Parts 5700--5799)
XLVIII Nuclear Regulatory Commission (Parts 5800--5899)
XLIX Federal Labor Relations Authority (Parts 5900--5999)
L Department of Transportation (Parts 6000--6099)
LII Export-Import Bank of the United States (Parts 6200--
6299)
LIII Department of Education (Parts 6300--6399)
LIV Environmental Protection Agency (Parts 6400--6499)
LV National Endowment for the Arts (Parts 6500--6599)
LVI National Endowment for the Humanities (Parts 6600--
6699)
LVII General Services Administration (Parts 6700--6799)
LVIII Board of Governors of the Federal Reserve System
(Parts 6800--6899)
LIX National Aeronautics and Space Administration (Parts
6900--6999)
LX United States Postal Service (Parts 7000--7099)
LXI National Labor Relations Board (Parts 7100--7199)
LXII Equal Employment Opportunity Commission (Parts 7200--
7299)
LXIII Inter-American Foundation (Parts 7300--7399)
LXIV Merit Systems Protection Board (Parts 7400--7499)
LXV Department of Housing and Urban Development (Parts
7500--7599)
LXVI National Archives and Records Administration (Parts
7600--7699)
LXVII Institute of Museum and Library Services (Parts 7700--
7799)
LXVIII Commission on Civil Rights (Parts 7800--7899)
LXIX Tennessee Valley Authority (Parts 7900--7999)
LXX Court Services and Offender Supervision Agency for the
District of Columbia (Parts 8000--8099)
LXXI Consumer Product Safety Commission (Parts 8100--8199)
LXXIII Department of Agriculture (Parts 8300--8399)
LXXIV Federal Mine Safety and Health Review Commission
(Parts 8400--8499)
LXXVI Federal Retirement Thrift Investment Board (Parts
8600--8699)
LXXVII Office of Management and Budget (Parts 8700--8799)
LXXX Federal Housing Finance Agency (Parts 9000--9099)
LXXXIII Special Inspector General for Afghanistan
Reconstruction (Parts 9300--9399)

[[Page 780]]

LXXXIV Bureau of Consumer Financial Protection (Parts 9400--
9499)
LXXXVI National Credit Union Administration (Parts 9600--
9699)
XCVII Department of Homeland Security Human Resources
Management System (Department of Homeland
Security--Office of Personnel Management) (Parts
9700--9799)
XCVII Council of the Inspectors General on Integrity and
Efficiency (Parts 9800--9899)

Title 6--Domestic Security

I Department of Homeland Security, Office of the
Secretary (Parts 1--99)
X Privacy and Civil Liberties Oversight Board (Parts
1000--1099)

Title 7--Agriculture

Subtitle A--Office of the Secretary of Agriculture
(Parts 0--26)
Subtitle B--Regulations of the Department of
Agriculture
I Agricultural Marketing Service (Standards,
Inspections, Marketing Practices), Department of
Agriculture (Parts 27--209)
II Food and Nutrition Service, Department of Agriculture
(Parts 210--299)
III Animal and Plant Health Inspection Service, Department
of Agriculture (Parts 300--399)
IV Federal Crop Insurance Corporation, Department of
Agriculture (Parts 400--499)
V Agricultural Research Service, Department of
Agriculture (Parts 500--599)
VI Natural Resources Conservation Service, Department of
Agriculture (Parts 600--699)
VII Farm Service Agency, Department of Agriculture (Parts
700--799)
VIII Grain Inspection, Packers and Stockyards
Administration (Federal Grain Inspection Service),
Department of Agriculture (Parts 800--899)
IX Agricultural Marketing Service (Marketing Agreements
and Orders; Fruits, Vegetables, Nuts), Department
of Agriculture (Parts 900--999)
X Agricultural Marketing Service (Marketing Agreements
and Orders; Milk), Department of Agriculture
(Parts 1000--1199)
XI Agricultural Marketing Service (Marketing Agreements
and Orders; Miscellaneous Commodities), Department
of Agriculture (Parts 1200--1299)
XIV Commodity Credit Corporation, Department of
Agriculture (Parts 1400--1499)
XV Foreign Agricultural Service, Department of
Agriculture (Parts 1500--1599)
XVI Rural Telephone Bank, Department of Agriculture (Parts
1600--1699)

[[Page 781]]

XVII Rural Utilities Service, Department of Agriculture
(Parts 1700--1799)
XVIII Rural Housing Service, Rural Business-Cooperative
Service, Rural Utilities Service, and Farm Service
Agency, Department of Agriculture (Parts 1800--
2099)
XX Local Television Loan Guarantee Board (Parts 2200--
2299)
XXV Office of Advocacy and Outreach, Department of
Agriculture (Parts 2500--2599)
XXVI Office of Inspector General, Department of Agriculture
(Parts 2600--2699)
XXVII Office of Information Resources Management, Department
of Agriculture (Parts 2700--2799)
XXVIII Office of Operations, Department of Agriculture (Parts
2800--2899)
XXIX Office of Energy Policy and New Uses, Department of
Agriculture (Parts 2900--2999)
XXX Office of the Chief Financial Officer, Department of
Agriculture (Parts 3000--3099)
XXXI Office of Environmental Quality, Department of
Agriculture (Parts 3100--3199)
XXXII Office of Procurement and Property Management,
Department of Agriculture (Parts 3200--3299)
XXXIII Office of Transportation, Department of Agriculture
(Parts 3300--3399)
XXXIV National Institute of Food and Agriculture (Parts
3400--3499)
XXXV Rural Housing Service, Department of Agriculture
(Parts 3500--3599)
XXXVI National Agricultural Statistics Service, Department
of Agriculture (Parts 3600--3699)
XXXVII Economic Research Service, Department of Agriculture
(Parts 3700--3799)
XXXVIII World Agricultural Outlook Board, Department of
Agriculture (Parts 3800--3899)
XLI [Reserved]
XLII Rural Business-Cooperative Service and Rural Utilities
Service, Department of Agriculture (Parts 4200--
4299)

Title 8--Aliens and Nationality

I Department of Homeland Security (Immigration and
Naturalization) (Parts 1--499)
V Executive Office for Immigration Review, Department of
Justice (Parts 1000--1399)

Title 9--Animals and Animal Products

I Animal and Plant Health Inspection Service, Department
of Agriculture (Parts 1--199)

[[Page 782]]

II Grain Inspection, Packers and Stockyards
Administration (Packers and Stockyards Programs),
Department of Agriculture (Parts 200--299)
III Food Safety and Inspection Service, Department of
Agriculture (Parts 300--599)

Title 10--Energy

I Nuclear Regulatory Commission (Parts 0--199)
II Department of Energy (Parts 200--699)
III Department of Energy (Parts 700--999)
X Department of Energy (General Provisions) (Parts
1000--1099)
XIII Nuclear Waste Technical Review Board (Parts 1300--
1399)
XVII Defense Nuclear Facilities Safety Board (Parts 1700--
1799)
XVIII Northeast Interstate Low-Level Radioactive Waste
Commission (Parts 1800--1899)

Title 11--Federal Elections

I Federal Election Commission (Parts 1--9099)
II Election Assistance Commission (Parts 9400--9499)

Title 12--Banks and Banking

I Comptroller of the Currency, Department of the
Treasury (Parts 1--199)
II Federal Reserve System (Parts 200--299)
III Federal Deposit Insurance Corporation (Parts 300--399)
IV Export-Import Bank of the United States (Parts 400--
499)
V Office of Thrift Supervision, Department of the
Treasury (Parts 500--599)
VI Farm Credit Administration (Parts 600--699)
VII National Credit Union Administration (Parts 700--799)
VIII Federal Financing Bank (Parts 800--899)
IX Federal Housing Finance Board (Parts 900--999)
X Bureau of Consumer Financial Protection (Parts 1000--
1099)
XI Federal Financial Institutions Examination Council
(Parts 1100--1199)
XII Federal Housing Finance Agency (Parts 1200--1299)
XIII Financial Stability Oversight Council (Parts 1300--
1399)
XIV Farm Credit System Insurance Corporation (Parts 1400--
1499)
XV Department of the Treasury (Parts 1500--1599)
XVI Office of Financial Research (Parts 1600--1699)
XVII Office of Federal Housing Enterprise Oversight,
Department of Housing and Urban Development (Parts
1700--1799)
XVIII Community Development Financial Institutions Fund,
Department of the Treasury (Parts 1800--1899)

[[Page 783]]

Title 13--Business Credit and Assistance

I Small Business Administration (Parts 1--199)
III Economic Development Administration, Department of
Commerce (Parts 300--399)
IV Emergency Steel Guarantee Loan Board (Parts 400--499)
V Emergency Oil and Gas Guaranteed Loan Board (Parts
500--599)

Title 14--Aeronautics and Space

I Federal Aviation Administration, Department of
Transportation (Parts 1--199)
II Office of the Secretary, Department of Transportation
(Aviation Proceedings) (Parts 200--399)
III Commercial Space Transportation, Federal Aviation
Administration, Department of Transportation
(Parts 400--1199)
V National Aeronautics and Space Administration (Parts
1200--1299)
VI Air Transportation System Stabilization (Parts 1300--
1399)

Title 15--Commerce and Foreign Trade

Subtitle A--Office of the Secretary of Commerce (Parts
0--29)
Subtitle B--Regulations Relating to Commerce and
Foreign Trade
I Bureau of the Census, Department of Commerce (Parts
30--199)
II National Institute of Standards and Technology,
Department of Commerce (Parts 200--299)
III International Trade Administration, Department of
Commerce (Parts 300--399)
IV Foreign-Trade Zones Board, Department of Commerce
(Parts 400--499)
VII Bureau of Industry and Security, Department of
Commerce (Parts 700--799)
VIII Bureau of Economic Analysis, Department of Commerce
(Parts 800--899)
IX National Oceanic and Atmospheric Administration,
Department of Commerce (Parts 900--999)
XI Technology Administration, Department of Commerce
(Parts 1100--1199)
XIII East-West Foreign Trade Board (Parts 1300--1399)
XIV Minority Business Development Agency (Parts 1400--
1499)
Subtitle C--Regulations Relating to Foreign Trade
Agreements
XX Office of the United States Trade Representative
(Parts 2000--2099)
Subtitle D--Regulations Relating to Telecommunications
and Information
XXIII National Telecommunications and Information
Administration, Department of Commerce (Parts
2300--2399)

[[Page 784]]

Title 16--Commercial Practices

I Federal Trade Commission (Parts 0--999)
II Consumer Product Safety Commission (Parts 1000--1799)

Title 17--Commodity and Securities Exchanges

I Commodity Futures Trading Commission (Parts 1--199)
II Securities and Exchange Commission (Parts 200--399)
IV Department of the Treasury (Parts 400--499)

Title 18--Conservation of Power and Water Resources

I Federal Energy Regulatory Commission, Department of
Energy (Parts 1--399)
III Delaware River Basin Commission (Parts 400--499)
VI Water Resources Council (Parts 700--799)
VIII Susquehanna River Basin Commission (Parts 800--899)
XIII Tennessee Valley Authority (Parts 1300--1399)

Title 19--Customs Duties

I U.S. Customs and Border Protection, Department of
Homeland Security; Department of the Treasury
(Parts 0--199)
II United States International Trade Commission (Parts
200--299)
III International Trade Administration, Department of
Commerce (Parts 300--399)
IV U.S. Immigration and Customs Enforcement, Department
of Homeland Security (Parts 400--599)

Title 20--Employees' Benefits

I Office of Workers' Compensation Programs, Department
of Labor (Parts 1--199)
II Railroad Retirement Board (Parts 200--399)
III Social Security Administration (Parts 400--499)
IV Employees' Compensation Appeals Board, Department of
Labor (Parts 500--599)
V Employment and Training Administration, Department of
Labor (Parts 600--699)
VI Office of Workers' Compensation Programs, Department
of Labor (Parts 700--799)
VII Benefits Review Board, Department of Labor (Parts
800--899)
VIII Joint Board for the Enrollment of Actuaries (Parts
900--999)
IX Office of the Assistant Secretary for Veterans'
Employment and Training Service, Department of
Labor (Parts 1000--1099)

[[Page 785]]

Title 21--Food and Drugs

I Food and Drug Administration, Department of Health and
Human Services (Parts 1--1299)
II Drug Enforcement Administration, Department of Justice
(Parts 1300--1399)
III Office of National Drug Control Policy (Parts 1400--
1499)

Title 22--Foreign Relations

I Department of State (Parts 1--199)
II Agency for International Development (Parts 200--299)
III Peace Corps (Parts 300--399)
IV International Joint Commission, United States and
Canada (Parts 400--499)
V Broadcasting Board of Governors (Parts 500--599)
VII Overseas Private Investment Corporation (Parts 700--
799)
IX Foreign Service Grievance Board (Parts 900--999)
X Inter-American Foundation (Parts 1000--1099)
XI International Boundary and Water Commission, United
States and Mexico, United States Section (Parts
1100--1199)
XII United States International Development Cooperation
Agency (Parts 1200--1299)
XIII Millennium Challenge Corporation (Parts 1300--1399)
XIV Foreign Service Labor Relations Board; Federal Labor
Relations Authority; General Counsel of the
Federal Labor Relations Authority; and the Foreign
Service Impasse Disputes Panel (Parts 1400--1499)
XV African Development Foundation (Parts 1500--1599)
XVI Japan-United States Friendship Commission (Parts
1600--1699)
XVII United States Institute of Peace (Parts 1700--1799)

Title 23--Highways

I Federal Highway Administration, Department of
Transportation (Parts 1--999)
II National Highway Traffic Safety Administration and
Federal Highway Administration, Department of
Transportation (Parts 1200--1299)
III National Highway Traffic Safety Administration,
Department of Transportation (Parts 1300--1399)

Title 24--Housing and Urban Development

Subtitle A--Office of the Secretary, Department of
Housing and Urban Development (Parts 0--99)
Subtitle B--Regulations Relating to Housing and Urban
Development
I Office of Assistant Secretary for Equal Opportunity,
Department of Housing and Urban Development (Parts
100--199)

[[Page 786]]

II Office of Assistant Secretary for Housing-Federal
Housing Commissioner, Department of Housing and
Urban Development (Parts 200--299)
III Government National Mortgage Association, Department
of Housing and Urban Development (Parts 300--399)
IV Office of Housing and Office of Multifamily Housing
Assistance Restructuring, Department of Housing
and Urban Development (Parts 400--499)
V Office of Assistant Secretary for Community Planning
and Development, Department of Housing and Urban
Development (Parts 500--599)
VI Office of Assistant Secretary for Community Planning
and Development, Department of Housing and Urban
Development (Parts 600--699) [Reserved]
VII Office of the Secretary, Department of Housing and
Urban Development (Housing Assistance Programs and
Public and Indian Housing Programs) (Parts 700--
799)
VIII Office of the Assistant Secretary for Housing--Federal
Housing Commissioner, Department of Housing and
Urban Development (Section 8 Housing Assistance
Programs, Section 202 Direct Loan Program, Section
202 Supportive Housing for the Elderly Program and
Section 811 Supportive Housing for Persons With
Disabilities Program) (Parts 800--899)
IX Office of Assistant Secretary for Public and Indian
Housing, Department of Housing and Urban
Development (Parts 900--1699)
X Office of Assistant Secretary for Housing--Federal
Housing Commissioner, Department of Housing and
Urban Development (Interstate Land Sales
Registration Program) (Parts 1700--1799)
XII Office of Inspector General, Department of Housing and
Urban Development (Parts 2000--2099)
XV Emergency Mortgage Insurance and Loan Programs,
Department of Housing and Urban Development (Parts
2700--2799)
XX Office of Assistant Secretary for Housing--Federal
Housing Commissioner, Department of Housing and
Urban Development (Parts 3200--3899)
XXIV Board of Directors of the HOPE for Homeowners Program
(Parts 4000--4099)
XXV Neighborhood Reinvestment Corporation (Parts 4100--
4199)

Title 25--Indians

I Bureau of Indian Affairs, Department of the Interior
(Parts 1--299)
II Indian Arts and Crafts Board, Department of the
Interior (Parts 300--399)
III National Indian Gaming Commission, Department of the
Interior (Parts 500--599)
IV Office of Navajo and Hopi Indian Relocation (Parts
700--799)
V Bureau of Indian Affairs, Department of the Interior,
and Indian Health Service, Department of Health
and Human Services (Part 900)

[[Page 787]]

VI Office of the Assistant Secretary-Indian Affairs,
Department of the Interior (Parts 1000--1199)
VII Office of the Special Trustee for American Indians,
Department of the Interior (Parts 1200--1299)

Title 26--Internal Revenue

I Internal Revenue Service, Department of the Treasury
(Parts 1--End)

Title 27--Alcohol, Tobacco Products and Firearms

I Alcohol and Tobacco Tax and Trade Bureau, Department
of the Treasury (Parts 1--399)
II Bureau of Alcohol, Tobacco, Firearms, and Explosives,
Department of Justice (Parts 400--699)

Title 28--Judicial Administration

I Department of Justice (Parts 0--299)
III Federal Prison Industries, Inc., Department of Justice
(Parts 300--399)
V Bureau of Prisons, Department of Justice (Parts 500--
599)
VI Offices of Independent Counsel, Department of Justice
(Parts 600--699)
VII Office of Independent Counsel (Parts 700--799)
VIII Court Services and Offender Supervision Agency for the
District of Columbia (Parts 800--899)
IX National Crime Prevention and Privacy Compact Council
(Parts 900--999)
XI Department of Justice and Department of State (Parts
1100--1199)

Title 29--Labor

Subtitle A--Office of the Secretary of Labor (Parts
0--99)
Subtitle B--Regulations Relating to Labor
I National Labor Relations Board (Parts 100--199)
II Office of Labor-Management Standards, Department of
Labor (Parts 200--299)
III National Railroad Adjustment Board (Parts 300--399)
IV Office of Labor-Management Standards, Department of
Labor (Parts 400--499)
V Wage and Hour Division, Department of Labor (Parts
500--899)
IX Construction Industry Collective Bargaining Commission
(Parts 900--999)
X National Mediation Board (Parts 1200--1299)
XII Federal Mediation and Conciliation Service (Parts
1400--1499)
XIV Equal Employment Opportunity Commission (Parts 1600--
1699)

[[Page 788]]

XVII Occupational Safety and Health Administration,
Department of Labor (Parts 1900--1999)
XX Occupational Safety and Health Review Commission
(Parts 2200--2499)
XXV Employee Benefits Security Administration, Department
of Labor (Parts 2500--2599)
XXVII Federal Mine Safety and Health Review Commission
(Parts 2700--2799)
XL Pension Benefit Guaranty Corporation (Parts 4000--
4999)

Title 30--Mineral Resources

I Mine Safety and Health Administration, Department of
Labor (Parts 1--199)
II Bureau of Safety and Environmental Enforcement,
Department of the Interior (Parts 200--299)
IV Geological Survey, Department of the Interior (Parts
400--499)
V Bureau of Ocean Energy Management, Department of the
Interior (Parts 500--599)
VII Office of Surface Mining Reclamation and Enforcement,
Department of the Interior (Parts 700--999)
XII Office of Natural Resources Revenue, Department of the
Interior (Parts 1200--1299)

Title 31--Money and Finance: Treasury

Subtitle A--Office of the Secretary of the Treasury
(Parts 0--50)
Subtitle B--Regulations Relating to Money and Finance
I Monetary Offices, Department of the Treasury (Parts
51--199)
II Fiscal Service, Department of the Treasury (Parts
200--399)
IV Secret Service, Department of the Treasury (Parts
400--499)
V Office of Foreign Assets Control, Department of the
Treasury (Parts 500--599)
VI Bureau of Engraving and Printing, Department of the
Treasury (Parts 600--699)
VII Federal Law Enforcement Training Center, Department of
the Treasury (Parts 700--799)
VIII Office of International Investment, Department of the
Treasury (Parts 800--899)
IX Federal Claims Collection Standards (Department of the
Treasury--Department of Justice) (Parts 900--999)
X Financial Crimes Enforcement Network, Department of
the Treasury (Parts 1000--1099)

Title 32--National Defense

Subtitle A--Department of Defense
I Office of the Secretary of Defense (Parts 1--399)

[[Page 789]]

V Department of the Army (Parts 400--699)
VI Department of the Navy (Parts 700--799)
VII Department of the Air Force (Parts 800--1099)
Subtitle B--Other Regulations Relating to National
Defense
XII Defense Logistics Agency (Parts 1200--1299)
XVI Selective Service System (Parts 1600--1699)
XVII Office of the Director of National Intelligence (Parts
1700--1799)
XVIII National Counterintelligence Center (Parts 1800--1899)
XIX Central Intelligence Agency (Parts 1900--1999)
XX Information Security Oversight Office, National
Archives and Records Administration (Parts 2000--
2099)
XXI National Security Council (Parts 2100--2199)
XXIV Office of Science and Technology Policy (Parts 2400--
2499)
XXVII Office for Micronesian Status Negotiations (Parts
2700--2799)
XXVIII Office of the Vice President of the United States
(Parts 2800--2899)

Title 33--Navigation and Navigable Waters

I Coast Guard, Department of Homeland Security (Parts
1--199)
II Corps of Engineers, Department of the Army (Parts
200--399)
IV Saint Lawrence Seaway Development Corporation,
Department of Transportation (Parts 400--499)

Title 34--Education

Subtitle A--Office of the Secretary, Department of
Education (Parts 1--99)
Subtitle B--Regulations of the Offices of the
Department of Education
I Office for Civil Rights, Department of Education
(Parts 100--199)
II Office of Elementary and Secondary Education,
Department of Education (Parts 200--299)
III Office of Special Education and Rehabilitative
Services, Department of Education (Parts 300--399)
IV Office of Vocational and Adult Education, Department
of Education (Parts 400--499)
V Office of Bilingual Education and Minority Languages
Affairs, Department of Education (Parts 500--599)
VI Office of Postsecondary Education, Department of
Education (Parts 600--699)
VII Office of Educational Research and Improvement,
Department of Education (Parts 700--799)
[Reserved]
Subtitle C--Regulations Relating to Education
XI National Institute for Literacy (Parts 1100--1199)
XII National Council on Disability (Parts 1200--1299)

[[Page 790]]

Title 35 [Reserved]

Title 36--Parks, Forests, and Public Property

I National Park Service, Department of the Interior
(Parts 1--199)
II Forest Service, Department of Agriculture (Parts 200--
299)
III Corps of Engineers, Department of the Army (Parts
300--399)
IV American Battle Monuments Commission (Parts 400--499)
V Smithsonian Institution (Parts 500--599)
VI [Reserved]
VII Library of Congress (Parts 700--799)
VIII Advisory Council on Historic Preservation (Parts 800--
899)
IX Pennsylvania Avenue Development Corporation (Parts
900--999)
X Presidio Trust (Parts 1000--1099)
XI Architectural and Transportation Barriers Compliance
Board (Parts 1100--1199)
XII National Archives and Records Administration (Parts
1200--1299)
XV Oklahoma City National Memorial Trust (Parts 1500--
1599)
XVI Morris K. Udall Scholarship and Excellence in National
Environmental Policy Foundation (Parts 1600--1699)

Title 37--Patents, Trademarks, and Copyrights

I United States Patent and Trademark Office, Department
of Commerce (Parts 1--199)
II U.S. Copyright Office, Library of Congress (Parts
200--299)
III Copyright Royalty Board, Library of Congress (Parts
300--399)
IV Assistant Secretary for Technology Policy, Department
of Commerce (Parts 400--599)

Title 38--Pensions, Bonuses, and Veterans' Relief

I Department of Veterans Affairs (Parts 0--199)
II Armed Forces Retirement Home (Parts 200--299)

Title 39--Postal Service

I United States Postal Service (Parts 1--999)
III Postal Regulatory Commission (Parts 3000--3099)

Title 40--Protection of Environment

I Environmental Protection Agency (Parts 1--1099)
IV Environmental Protection Agency and Department of
Justice (Parts 1400--1499)
V Council on Environmental Quality (Parts 1500--1599)
VI Chemical Safety and Hazard Investigation Board (Parts
1600--1699)

[[Page 791]]

VII Environmental Protection Agency and Department of
Defense; Uniform National Discharge Standards for
Vessels of the Armed Forces (Parts 1700--1799)

Title 41--Public Contracts and Property Management

Subtitle A--Federal Procurement Regulations System
[Note]
Subtitle B--Other Provisions Relating to Public
Contracts
50 Public Contracts, Department of Labor (Parts 50-1--50-
999)
51 Committee for Purchase From People Who Are Blind or
Severely Disabled (Parts 51-1--51-99)
60 Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Parts
60-1--60-999)
61 Office of the Assistant Secretary for Veterans'
Employment and Training Service, Department of
Labor (Parts 61-1--61-999)
62--100 [Reserved]
Subtitle C--Federal Property Management Regulations
System
101 Federal Property Management Regulations (Parts 101-1--
101-99)
102 Federal Management Regulation (Parts 102-1--102-299)
103--104 [Reserved]
105 General Services Administration (Parts 105-1--105-999)
109 Department of Energy Property Management Regulations
(Parts 109-1--109-99)
114 Department of the Interior (Parts 114-1--114-99)
115 Environmental Protection Agency (Parts 115-1--115-99)
128 Department of Justice (Parts 128-1--128-99)
129--200 [Reserved]
Subtitle D--Other Provisions Relating to Property
Management [Reserved]
Subtitle E--Federal Information Resources Management
Regulations System [Reserved]
Subtitle F--Federal Travel Regulation System
300 General (Parts 300-1--300-99)
301 Temporary Duty (TDY) Travel Allowances (Parts 301-1--
301-99)
302 Relocation Allowances (Parts 302-1--302-99)
303 Payment of Expenses Connected with the Death of
Certain Employees (Part 303-1--303-99)
304 Payment of Travel Expenses from a Non-Federal Source
(Parts 304-1--304-99)

Title 42--Public Health

I Public Health Service, Department of Health and Human
Services (Parts 1--199)
IV Centers for Medicare & Medicaid Services, Department
of Health and Human Services (Parts 400--599)

[[Page 792]]

V Office of Inspector General-Health Care, Department of
Health and Human Services (Parts 1000--1999)

Title 43--Public Lands: Interior

Subtitle A--Office of the Secretary of the Interior
(Parts 1--199)
Subtitle B--Regulations Relating to Public Lands
I Bureau of Reclamation, Department of the Interior
(Parts 400--999)
II Bureau of Land Management, Department of the Interior
(Parts 1000--9999)
III Utah Reclamation Mitigation and Conservation
Commission (Parts 10000--10099)

Title 44--Emergency Management and Assistance

I Federal Emergency Management Agency, Department of
Homeland Security (Parts 0--399)
IV Department of Commerce and Department of
Transportation (Parts 400--499)

Title 45--Public Welfare

Subtitle A--Department of Health and Human Services
(Parts 1--199)
Subtitle B--Regulations Relating to Public Welfare
II Office of Family Assistance (Assistance Programs),
Administration for Children and Families,
Department of Health and Human Services (Parts
200--299)
III Office of Child Support Enforcement (Child Support
Enforcement Program), Administration for Children
and Families, Department of Health and Human
Services (Parts 300--399)
IV Office of Refugee Resettlement, Administration for
Children and Families, Department of Health and
Human Services (Parts 400--499)
V Foreign Claims Settlement Commission of the United
States, Department of Justice (Parts 500--599)
VI National Science Foundation (Parts 600--699)
VII Commission on Civil Rights (Parts 700--799)
VIII Office of Personnel Management (Parts 800--899)
X Office of Community Services, Administration for
Children and Families, Department of Health and
Human Services (Parts 1000--1099)
XI National Foundation on the Arts and the Humanities
(Parts 1100--1199)
XII Corporation for National and Community Service (Parts
1200--1299)
XIII Office of Human Development Services, Department of
Health and Human Services (Parts 1300--1399)

[[Page 793]]

XVI Legal Services Corporation (Parts 1600--1699)
XVII National Commission on Libraries and Information
Science (Parts 1700--1799)
XVIII Harry S. Truman Scholarship Foundation (Parts 1800--
1899)
XXI Commission on Fine Arts (Parts 2100--2199)
XXIII Arctic Research Commission (Part 2301)
XXIV James Madison Memorial Fellowship Foundation (Parts
2400--2499)
XXV Corporation for National and Community Service (Parts
2500--2599)

Title 46--Shipping

I Coast Guard, Department of Homeland Security (Parts
1--199)
II Maritime Administration, Department of Transportation
(Parts 200--399)
III Coast Guard (Great Lakes Pilotage), Department of
Homeland Security (Parts 400--499)
IV Federal Maritime Commission (Parts 500--599)

Title 47--Telecommunication

I Federal Communications Commission (Parts 0--199)
II Office of Science and Technology Policy and National
Security Council (Parts 200--299)
III National Telecommunications and Information
Administration, Department of Commerce (Parts
300--399)
IV National Telecommunications and Information
Administration, Department of Commerce, and
National Highway Traffic Safety Administration,
Department of Transportation (Parts 400--499)

Title 48--Federal Acquisition Regulations System

1 Federal Acquisition Regulation (Parts 1--99)
2 Defense Acquisition Regulations System, Department of
Defense (Parts 200--299)
3 Health and Human Services (Parts 300--399)
4 Department of Agriculture (Parts 400--499)
5 General Services Administration (Parts 500--599)
6 Department of State (Parts 600--699)
7 Agency for International Development (Parts 700--799)
8 Department of Veterans Affairs (Parts 800--899)
9 Department of Energy (Parts 900--999)
10 Department of the Treasury (Parts 1000--1099)
12 Department of Transportation (Parts 1200--1299)
13 Department of Commerce (Parts 1300--1399)
14 Department of the Interior (Parts 1400--1499)

[[Page 794]]

15 Environmental Protection Agency (Parts 1500--1599)
16 Office of Personnel Management, Federal Employees
Health Benefits Acquisition Regulation (Parts
1600--1699)
17 Office of Personnel Management (Parts 1700--1799)
18 National Aeronautics and Space Administration (Parts
1800--1899)
19 Broadcasting Board of Governors (Parts 1900--1999)
20 Nuclear Regulatory Commission (Parts 2000--2099)
21 Office of Personnel Management, Federal Employees
Group Life Insurance Federal Acquisition
Regulation (Parts 2100--2199)
23 Social Security Administration (Parts 2300--2399)
24 Department of Housing and Urban Development (Parts
2400--2499)
25 National Science Foundation (Parts 2500--2599)
28 Department of Justice (Parts 2800--2899)
29 Department of Labor (Parts 2900--2999)
30 Department of Homeland Security, Homeland Security
Acquisition Regulation (HSAR) (Parts 3000--3099)
34 Department of Education Acquisition Regulation (Parts
3400--3499)
51 Department of the Army Acquisition Regulations (Parts
5100--5199)
52 Department of the Navy Acquisition Regulations (Parts
5200--5299)
53 Department of the Air Force Federal Acquisition
Regulation Supplement (Parts 5300--5399)
[Reserved]
54 Defense Logistics Agency, Department of Defense (Parts
5400--5499)
57 African Development Foundation (Parts 5700--5799)
61 Civilian Board of Contract Appeals, General Services
Administration (Parts 6100--6199)
63 Department of Transportation Board of Contract Appeals
(Parts 6300--6399)
99 Cost Accounting Standards Board, Office of Federal
Procurement Policy, Office of Management and
Budget (Parts 9900--9999)

Title 49--Transportation

Subtitle A--Office of the Secretary of Transportation
(Parts 1--99)
Subtitle B--Other Regulations Relating to
Transportation
I Pipeline and Hazardous Materials Safety
Administration, Department of Transportation
(Parts 100--199)
II Federal Railroad Administration, Department of
Transportation (Parts 200--299)
III Federal Motor Carrier Safety Administration,
Department of Transportation (Parts 300--399)
IV Coast Guard, Department of Homeland Security (Parts
400--499)

[[Page 795]]

V National Highway Traffic Safety Administration,
Department of Transportation (Parts 500--599)
VI Federal Transit Administration, Department of
Transportation (Parts 600--699)
VII National Railroad Passenger Corporation (AMTRAK)
(Parts 700--799)
VIII National Transportation Safety Board (Parts 800--999)
X Surface Transportation Board, Department of
Transportation (Parts 1000--1399)
XI Research and Innovative Technology Administration,
Department of Transportation (Parts 1400--1499)
[Reserved]
XII Transportation Security Administration, Department of
Homeland Security (Parts 1500--1699)

Title 50--Wildlife and Fisheries

I United States Fish and Wildlife Service, Department of
the Interior (Parts 1--199)
II National Marine Fisheries Service, National Oceanic
and Atmospheric Administration, Department of
Commerce (Parts 200--299)
III International Fishing and Related Activities (Parts
300--399)
IV Joint Regulations (United States Fish and Wildlife
Service, Department of the Interior and National
Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Department of
Commerce); Endangered Species Committee
Regulations (Parts 400--499)
V Marine Mammal Commission (Parts 500--599)
VI Fishery Conservation and Management, National Oceanic
and Atmospheric Administration, Department of
Commerce (Parts 600--699)

[[Page 797]]

Alphabetical List of Agencies Appearing in the CFR

(Revised as of July 1, 2014)

CFR Title, Subtitle or
Agency Chapter

Administrative Committee of the Federal Register 1, I
Administrative Conference of the United States 1, III
Advisory Council on Historic Preservation 36, VIII
Advocacy and Outreach, Office of 7, XXV
Afghanistan Reconstruction, Special Inspector 22, LXXXIII
General for
African Development Foundation 22, XV
Federal Acquisition Regulation 48, 57
Agency for International Development 2, VII; 22, II
Federal Acquisition Regulation 48, 7
Agricultural Marketing Service 7, I, IX, X, XI
Agricultural Research Service 7, V
Agriculture Department 2, IV; 5, LXXIII
Advocacy and Outreach, Office of 7, XXV
Agricultural Marketing Service 7, I, IX, X, XI
Agricultural Research Service 7, V
Animal and Plant Health Inspection Service 7, III; 9, I
Chief Financial Officer, Office of 7, XXX
Commodity Credit Corporation 7, XIV
Economic Research Service 7, XXXVII
Energy Policy and New Uses, Office of 2, IX; 7, XXIX
Environmental Quality, Office of 7, XXXI
Farm Service Agency 7, VII, XVIII
Federal Acquisition Regulation 48, 4
Federal Crop Insurance Corporation 7, IV
Food and Nutrition Service 7, II
Food Safety and Inspection Service 9, III
Foreign Agricultural Service 7, XV
Forest Service 36, II
Grain Inspection, Packers and Stockyards 7, VIII; 9, II
Administration
Information Resources Management, Office of 7, XXVII
Inspector General, Office of 7, XXVI
National Agricultural Library 7, XLI
National Agricultural Statistics Service 7, XXXVI
National Institute of Food and Agriculture 7, XXXIV
Natural Resources Conservation Service 7, VI
Operations, Office of 7, XXVIII
Procurement and Property Management, Office of 7, XXXII
Rural Business-Cooperative Service 7, XVIII, XLII, L
Rural Development Administration 7, XLII
Rural Housing Service 7, XVIII, XXXV, L
Rural Telephone Bank 7, XVI
Rural Utilities Service 7, XVII, XVIII, XLII, L
Secretary of Agriculture, Office of 7, Subtitle A
Transportation, Office of 7, XXXIII
World Agricultural Outlook Board 7, XXXVIII
Air Force Department 32, VII
Federal Acquisition Regulation Supplement 48, 53
Air Transportation Stabilization Board 14, VI
Alcohol and Tobacco Tax and Trade Bureau 27, I
Alcohol, Tobacco, Firearms, and Explosives, 27, II
Bureau of
AMTRAK 49, VII
American Battle Monuments Commission 36, IV
American Indians, Office of the Special Trustee 25, VII

[[Page 798]]

Animal and Plant Health Inspection Service 7, III; 9, I
Appalachian Regional Commission 5, IX
Architectural and Transportation Barriers 36, XI
Compliance Board
Arctic Research Commission 45, XXIII
Armed Forces Retirement Home 5, XI
Army Department 32, V
Engineers, Corps of 33, II; 36, III
Federal Acquisition Regulation 48, 51
Bilingual Education and Minority Languages 34, V
Affairs, Office of
Blind or Severely Disabled, Committee for 41, 51
Purchase from People Who Are
Broadcasting Board of Governors 22, V
Federal Acquisition Regulation 48, 19
Bureau of Ocean Energy Management, Regulation, 30, II
and Enforcement
Census Bureau 15, I
Centers for Medicare & Medicaid Services 42, IV
Central Intelligence Agency 32, XIX
Chemical Safety and Hazardous Investigation 40, VI
Board
Chief Financial Officer, Office of 7, XXX
Child Support Enforcement, Office of 45, III
Children and Families, Administration for 45, II, III, IV, X
Civil Rights, Commission on 5, LXVIII; 45, VII
Civil Rights, Office for 34, I
Council of the Inspectors General on Integrity 5, XCVIII
and Efficiency
Court Services and Offender Supervision Agency 5, LXX
for the District of Columbia
Coast Guard 33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage) 46, III
Commerce Department 2, XIII; 44, IV; 50, VI
Census Bureau 15, I
Economic Analysis, Bureau of 15, VIII
Economic Development Administration 13, III
Emergency Management and Assistance 44, IV
Federal Acquisition Regulation 48, 13
Foreign-Trade Zones Board 15, IV
Industry and Security, Bureau of 15, VII
International Trade Administration 15, III; 19, III
National Institute of Standards and Technology 15, II
National Marine Fisheries Service 50, II, IV
National Oceanic and Atmospheric 15, IX; 50, II, III, IV,
Administration VI
National Telecommunications and Information 15, XXIII; 47, III, IV
Administration
National Weather Service 15, IX
Patent and Trademark Office, United States 37, I
Productivity, Technology and Innovation, 37, IV
Assistant Secretary for
Secretary of Commerce, Office of 15, Subtitle A
Technology Administration 15, XI
Technology Policy, Assistant Secretary for 37, IV
Commercial Space Transportation 14, III
Commodity Credit Corporation 7, XIV
Commodity Futures Trading Commission 5, XLI; 17, I
Community Planning and Development, Office of 24, V, VI
Assistant Secretary for
Community Services, Office of 45, X
Comptroller of the Currency 12, I
Construction Industry Collective Bargaining 29, IX
Commission
Consumer Financial Protection Bureau 5, LXXXIV; 12, X
Consumer Product Safety Commission 5, LXXI; 16, II
Copyright Royalty Board 37, III
Corporation for National and Community Service 2, XXII; 45, XII, XXV
Cost Accounting Standards Board 48, 99
Council on Environmental Quality 40, V
Court Services and Offender Supervision Agency 5, LXX; 28, VIII
for the District of Columbia
Customs and Border Protection 19, I

[[Page 799]]

Defense Contract Audit Agency 32, I
Defense Department 2, XI; 5, XXVI; 32,
Subtitle A; 40, VII
Advanced Research Projects Agency 32, I
Air Force Department 32, VII
Army Department 32, V; 33, II; 36, III,
48, 51
Defense Acquisition Regulations System 48, 2
Defense Intelligence Agency 32, I
Defense Logistics Agency 32, I, XII; 48, 54
Engineers, Corps of 33, II; 36, III
National Imagery and Mapping Agency 32, I
Navy Department 32, VI; 48, 52
Secretary of Defense, Office of 2, XI; 32, I
Defense Contract Audit Agency 32, I
Defense Intelligence Agency 32, I
Defense Logistics Agency 32, XII; 48, 54
Defense Nuclear Facilities Safety Board 10, XVII
Delaware River Basin Commission 18, III
District of Columbia, Court Services and 5, LXX; 28, VIII
Offender Supervision Agency for the
Drug Enforcement Administration 21, II
East-West Foreign Trade Board 15, XIII
Economic Analysis, Bureau of 15, VIII
Economic Development Administration 13, III
Economic Research Service 7, XXXVII
Education, Department of 2, XXXIV; 5, LIII
Bilingual Education and Minority Languages 34, V
Affairs, Office of
Civil Rights, Office for 34, I
Educational Research and Improvement, Office 34, VII
of
Elementary and Secondary Education, Office of 34, II
Federal Acquisition Regulation 48, 34
Postsecondary Education, Office of 34, VI
Secretary of Education, Office of 34, Subtitle A
Special Education and Rehabilitative Services, 34, III
Office of
Vocational and Adult Education, Office of 34, IV
Educational Research and Improvement, Office of 34, VII
Election Assistance Commission 2, LVIII; 11, II
Elementary and Secondary Education, Office of 34, II
Emergency Oil and Gas Guaranteed Loan Board 13, V
Emergency Steel Guarantee Loan Board 13, IV
Employee Benefits Security Administration 29, XXV
Employees' Compensation Appeals Board 20, IV
Employees Loyalty Board 5, V
Employment and Training Administration 20, V
Employment Standards Administration 20, VI
Endangered Species Committee 50, IV
Energy, Department of 2, IX; 5, XXIII; 10, II,
III, X
Federal Acquisition Regulation 48, 9
Federal Energy Regulatory Commission 5, XXIV; 18, I
Property Management Regulations 41, 109
Energy, Office of 7, XXIX
Engineers, Corps of 33, II; 36, III
Engraving and Printing, Bureau of 31, VI
Environmental Protection Agency 2, XV; 5, LIV; 40, I, IV,
VII
Federal Acquisition Regulation 48, 15
Property Management Regulations 41, 115
Environmental Quality, Office of 7, XXXI
Equal Employment Opportunity Commission 5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary 24, I
for
Executive Office of the President 3, I
Administration, Office of 5, XV
Environmental Quality, Council on 40, V
Management and Budget, Office of 2, Subtitle A; 5, III,
LXXVII; 14, VI; 48, 99

[[Page 800]]

National Drug Control Policy, Office of 21, III
National Security Council 32, XXI; 47, 2
Presidential Documents 3
Science and Technology Policy, Office of 32, XXIV; 47, II
Trade Representative, Office of the United 15, XX
States
Export-Import Bank of the United States 2, XXXV; 5, LII; 12, IV
Family Assistance, Office of 45, II
Farm Credit Administration 5, XXXI; 12, VI
Farm Credit System Insurance Corporation 5, XXX; 12, XIV
Farm Service Agency 7, VII, XVIII
Federal Acquisition Regulation 48, 1
Federal Aviation Administration 14, I
Commercial Space Transportation 14, III
Federal Claims Collection Standards 31, IX
Federal Communications Commission 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of 41, 60
Federal Crop Insurance Corporation 7, IV
Federal Deposit Insurance Corporation 5, XXII; 12, III
Federal Election Commission 5, XXXVII; 11, I
Federal Emergency Management Agency 44, I
Federal Employees Group Life Insurance Federal 48, 21
Acquisition Regulation
Federal Employees Health Benefits Acquisition 48, 16
Regulation
Federal Energy Regulatory Commission 5, XXIV; 18, I
Federal Financial Institutions Examination 12, XI
Council
Federal Financing Bank 12, VIII
Federal Highway Administration 23, I, II
Federal Home Loan Mortgage Corporation 1, IV
Federal Housing Enterprise Oversight Office 12, XVII
Federal Housing Finance Agency 5, LXXX; 12, XII
Federal Housing Finance Board 12, IX
Federal Labor Relations Authority 5, XIV, XLIX; 22, XIV
Federal Law Enforcement Training Center 31, VII
Federal Management Regulation 41, 102
Federal Maritime Commission 46, IV
Federal Mediation and Conciliation Service 29, XII
Federal Mine Safety and Health Review Commission 5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration 49, III
Federal Prison Industries, Inc. 28, III
Federal Procurement Policy Office 48, 99
Federal Property Management Regulations 41, 101
Federal Railroad Administration 49, II
Federal Register, Administrative Committee of 1, I
Federal Register, Office of 1, II
Federal Reserve System 12, II
Board of Governors 5, LVIII
Federal Retirement Thrift Investment Board 5, VI, LXXVI
Federal Service Impasses Panel 5, XIV
Federal Trade Commission 5, XLVII; 16, I
Federal Transit Administration 49, VI
Federal Travel Regulation System 41, Subtitle F
Financial Crimes Enforcement Network 31, X
Financial Research Office 12, XVI
Financial Stability Oversight Council 12, XIII
Fine Arts, Commission on 45, XXI
Fiscal Service 31, II
Fish and Wildlife Service, United States 50, I, IV
Food and Drug Administration 21, I
Food and Nutrition Service 7, II
Food Safety and Inspection Service 9, III
Foreign Agricultural Service 7, XV
Foreign Assets Control, Office of 31, V
Foreign Claims Settlement Commission of the 45, V
United States
Foreign Service Grievance Board 22, IX
Foreign Service Impasse Disputes Panel 22, XIV
Foreign Service Labor Relations Board 22, XIV
Foreign-Trade Zones Board 15, IV

[[Page 801]]

Forest Service 36, II
General Services Administration 5, LVII; 41, 105
Contract Appeals, Board of 48, 61
Federal Acquisition Regulation 48, 5
Federal Management Regulation 41, 102
Federal Property Management Regulations 41, 101
Federal Travel Regulation System 41, Subtitle F
General 41, 300
Payment From a Non-Federal Source for Travel 41, 304
Expenses
Payment of Expenses Connected With the Death 41, 303
of Certain Employees
Relocation Allowances 41, 302
Temporary Duty (TDY) Travel Allowances 41, 301
Geological Survey 30, IV
Government Accountability Office 4, I
Government Ethics, Office of 5, XVI
Government National Mortgage Association 24, III
Grain Inspection, Packers and Stockyards 7, VIII; 9, II
Administration
Harry S. Truman Scholarship Foundation 45, XVIII
Health and Human Services, Department of 2, III; 5, XLV; 45,
Subtitle A,
Centers for Medicare & Medicaid Services 42, IV
Child Support Enforcement, Office of 45, III
Children and Families, Administration for 45, II, III, IV, X
Community Services, Office of 45, X
Family Assistance, Office of 45, II
Federal Acquisition Regulation 48, 3
Food and Drug Administration 21, I
Human Development Services, Office of 45, XIII
Indian Health Service 25, V
Inspector General (Health Care), Office of 42, V
Public Health Service 42, I
Refugee Resettlement, Office of 45, IV
Homeland Security, Department of 2, XXX; 6, I; 8, I
Coast Guard 33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage) 46, III
Customs and Border Protection 19, I
Federal Emergency Management Agency 44, I
Human Resources Management and Labor Relations 5, XCVII
Systems
Immigration and Customs Enforcement Bureau 19, IV
Transportation Security Administration 49, XII
HOPE for Homeowners Program, Board of Directors 24, XXIV
of
Housing and Urban Development, Department of 2, XXIV; 5, LXV; 24,
Subtitle B
Community Planning and Development, Office of 24, V, VI
Assistant Secretary for
Equal Opportunity, Office of Assistant 24, I
Secretary for
Federal Acquisition Regulation 48, 24
Federal Housing Enterprise Oversight, Office 12, XVII
of
Government National Mortgage Association 24, III
Housing--Federal Housing Commissioner, Office 24, II, VIII, X, XX
of Assistant Secretary for
Housing, Office of, and Multifamily Housing 24, IV
Assistance Restructuring, Office of
Inspector General, Office of 24, XII
Public and Indian Housing, Office of Assistant 24, IX
Secretary for
Secretary, Office of 24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of 24, II, VIII, X, XX
Assistant Secretary for
Housing, Office of, and Multifamily Housing 24, IV
Assistance Restructuring, Office of
Human Development Services, Office of 45, XIII
Immigration and Customs Enforcement Bureau 19, IV
Immigration Review, Executive Office for 8, V
Independent Counsel, Office of 28, VII
Indian Affairs, Bureau of 25, I, V

[[Page 802]]

Indian Affairs, Office of the Assistant 25, VI
Secretary
Indian Arts and Crafts Board 25, II
Indian Health Service 25, V
Industry and Security, Bureau of 15, VII
Information Resources Management, Office of 7, XXVII
Information Security Oversight Office, National 32, XX
Archives and Records Administration
Inspector General
Agriculture Department 7, XXVI
Health and Human Services Department 42, V
Housing and Urban Development Department 24, XII, XV
Institute of Peace, United States 22, XVII
Inter-American Foundation 5, LXIII; 22, X
Interior Department 2, XIV
American Indians, Office of the Special 25, VII
Trustee
Bureau of Ocean Energy Management, Regulation, 30, II
and Enforcement
Endangered Species Committee 50, IV
Federal Acquisition Regulation 48, 14
Federal Property Management Regulations System 41, 114
Fish and Wildlife Service, United States 50, I, IV
Geological Survey 30, IV
Indian Affairs, Bureau of 25, I, V
Indian Affairs, Office of the Assistant 25, VI
Secretary
Indian Arts and Crafts Board 25, II
Land Management, Bureau of 43, II
National Indian Gaming Commission 25, III
National Park Service 36, I
Natural Resource Revenue, Office of 30, XII
Ocean Energy Management, Bureau of 30, V
Reclamation, Bureau of 43, I
Secretary of the Interior, Office of 2, XIV; 43, Subtitle A
Surface Mining Reclamation and Enforcement, 30, VII
Office of
Internal Revenue Service 26, I
International Boundary and Water Commission, 22, XI
United States and Mexico, United States
Section
International Development, United States Agency 22, II
for
Federal Acquisition Regulation 48, 7
International Development Cooperation Agency, 22, XII
United States
International Joint Commission, United States 22, IV
and Canada
International Organizations Employees Loyalty 5, V
Board
International Trade Administration 15, III; 19, III
International Trade Commission, United States 19, II
Interstate Commerce Commission 5, XL
Investment Security, Office of 31, VIII
James Madison Memorial Fellowship Foundation 45, XXIV
Japan-United States Friendship Commission 22, XVI
Joint Board for the Enrollment of Actuaries 20, VIII
Justice Department 2, XXVIII; 5, XXVIII; 28,
I, XI; 40, IV
Alcohol, Tobacco, Firearms, and Explosives, 27, II
Bureau of
Drug Enforcement Administration 21, II
Federal Acquisition Regulation 48, 28
Federal Claims Collection Standards 31, IX
Federal Prison Industries, Inc. 28, III
Foreign Claims Settlement Commission of the 45, V
United States
Immigration Review, Executive Office for 8, V
Offices of Independent Counsel 28, VI
Prisons, Bureau of 28, V
Property Management Regulations 41, 128
Labor Department 5, XLII
Employee Benefits Security Administration 29, XXV
Employees' Compensation Appeals Board 20, IV
Employment and Training Administration 20, V
Employment Standards Administration 20, VI

[[Page 803]]

Federal Acquisition Regulation 48, 29
Federal Contract Compliance Programs, Office 41, 60
of
Federal Procurement Regulations System 41, 50
Labor-Management Standards, Office of 29, II, IV
Mine Safety and Health Administration 30, I
Occupational Safety and Health Administration 29, XVII
Office of Workers' Compensation Programs 20, VII
Public Contracts 41, 50
Secretary of Labor, Office of 29, Subtitle A
Veterans' Employment and Training Service, 41, 61; 20, IX
Office of the Assistant Secretary for
Wage and Hour Division 29, V
Workers' Compensation Programs, Office of 20, I
Labor-Management Standards, Office of 29, II, IV
Land Management, Bureau of 43, II
Legal Services Corporation 45, XVI
Library of Congress 36, VII
Copyright Royalty Board 37, III
U.S. Copyright Office 37, II
Local Television Loan Guarantee Board 7, XX
Management and Budget, Office of 5, III, LXXVII; 14, VI;
48, 99
Marine Mammal Commission 50, V
Maritime Administration 46, II
Merit Systems Protection Board 5, II, LXIV
Micronesian Status Negotiations, Office for 32, XXVII
Millennium Challenge Corporation 22, XIII
Mine Safety and Health Administration 30, I
Minority Business Development Agency 15, XIV
Miscellaneous Agencies 1, IV
Monetary Offices 31, I
Morris K. Udall Scholarship and Excellence in 36, XVI
National Environmental Policy Foundation
Museum and Library Services, Institute of 2, XXXI
National Aeronautics and Space Administration 2, XVIII; 5, LIX; 14, V
Federal Acquisition Regulation 48, 18
National Agricultural Library 7, XLI
National Agricultural Statistics Service 7, XXXVI
National and Community Service, Corporation for 2, XXII; 45, XII, XXV
National Archives and Records Administration 2, XXVI; 5, LXVI; 36, XII
Information Security Oversight Office 32, XX
National Capital Planning Commission 1, IV
National Commission for Employment Policy 1, IV
National Commission on Libraries and Information 45, XVII
Science
National Council on Disability 34, XII
National Counterintelligence Center 32, XVIII
National Credit Union Administration 5, LXXXVI; 12, VII
National Crime Prevention and Privacy Compact 28, IX
Council
National Drug Control Policy, Office of 21, III
National Endowment for the Arts 2, XXXII
National Endowment for the Humanities 2, XXXIII
National Foundation on the Arts and the 45, XI
Humanities
National Highway Traffic Safety Administration 23, II, III; 47, VI; 49, V
National Imagery and Mapping Agency 32, I
National Indian Gaming Commission 25, III
National Institute for Literacy 34, XI
National Institute of Food and Agriculture 7, XXXIV
National Institute of Standards and Technology 15, II
National Intelligence, Office of Director of 32, XVII
National Labor Relations Board 5, LXI; 29, I
National Marine Fisheries Service 50, II, IV
National Mediation Board 29, X
National Oceanic and Atmospheric Administration 15, IX; 50, II, III, IV,
VI
National Park Service 36, I
National Railroad Adjustment Board 29, III
National Railroad Passenger Corporation (AMTRAK) 49, VII

[[Page 804]]

National Science Foundation 2, XXV; 5, XLIII; 45, VI
Federal Acquisition Regulation 48, 25
National Security Council 32, XXI
National Security Council and Office of Science 47, II
and Technology Policy
National Telecommunications and Information 15, XXIII; 47, III, IV
Administration
National Transportation Safety Board 49, VIII
Natural Resources Conservation Service 7, VI
Natural Resource Revenue, Office of 30, XII
Navajo and Hopi Indian Relocation, Office of 25, IV
Navy Department 32, VI
Federal Acquisition Regulation 48, 52
Neighborhood Reinvestment Corporation 24, XXV
Northeast Interstate Low-Level Radioactive Waste 10, XVIII
Commission
Nuclear Regulatory Commission 2, XX; 5, XLVIII; 10, I
Federal Acquisition Regulation 48, 20
Occupational Safety and Health Administration 29, XVII
Occupational Safety and Health Review Commission 29, XX
Ocean Energy Management, Bureau of 30, V
Offices of Independent Counsel 28, VI
Office of Workers' Compensation Programs 20, VII
Oklahoma City National Memorial Trust 36, XV
Operations Office 7, XXVIII
Overseas Private Investment Corporation 5, XXXIII; 22, VII
Patent and Trademark Office, United States 37, I
Payment From a Non-Federal Source for Travel 41, 304
Expenses
Payment of Expenses Connected With the Death of 41, 303
Certain Employees
Peace Corps 2, XXXVII; 22, III
Pennsylvania Avenue Development Corporation 36, IX
Pension Benefit Guaranty Corporation 29, XL
Personnel Management, Office of 5, I, XXXV; 45, VIII
Human Resources Management and Labor Relations 5, XCVII
Systems, Department of Homeland Security
Federal Acquisition Regulation 48, 17
Federal Employees Group Life Insurance Federal 48, 21
Acquisition Regulation
Federal Employees Health Benefits Acquisition 48, 16
Regulation
Pipeline and Hazardous Materials Safety 49, I
Administration
Postal Regulatory Commission 5, XLVI; 39, III
Postal Service, United States 5, LX; 39, I
Postsecondary Education, Office of 34, VI
President's Commission on White House 1, IV
Fellowships
Presidential Documents 3
Presidio Trust 36, X
Prisons, Bureau of 28, V
Privacy and Civil Liberties Oversight Board 6, X
Procurement and Property Management, Office of 7, XXXII
Productivity, Technology and Innovation, 37, IV
Assistant Secretary
Public Contracts, Department of Labor 41, 50
Public and Indian Housing, Office of Assistant 24, IX
Secretary for
Public Health Service 42, I
Railroad Retirement Board 20, II
Reclamation, Bureau of 43, I
Recovery Accountability and Transparency Board 4, II
Refugee Resettlement, Office of 45, IV
Relocation Allowances 41, 302
Research and Innovative Technology 49, XI
Administration
Rural Business-Cooperative Service 7, XVIII, XLII, L
Rural Development Administration 7, XLII
Rural Housing Service 7, XVIII, XXXV, L
Rural Telephone Bank 7, XVI
Rural Utilities Service 7, XVII, XVIII, XLII, L
Saint Lawrence Seaway Development Corporation 33, IV

[[Page 805]]

Science and Technology Policy, Office of 32, XXIV
Science and Technology Policy, Office of, and 47, II
National Security Council
Secret Service 31, IV
Securities and Exchange Commission 5, XXXIV; 17, II
Selective Service System 32, XVI
Small Business Administration 2, XXVII; 13, I
Smithsonian Institution 36, V
Social Security Administration 2, XXIII; 20, III; 48, 23
Soldiers' and Airmen's Home, United States 5, XI
Special Counsel, Office of 5, VIII
Special Education and Rehabilitative Services, 34, III
Office of
State Department 2, VI; 22, I; 28, XI
Federal Acquisition Regulation 48, 6
Surface Mining Reclamation and Enforcement, 30, VII
Office of
Surface Transportation Board 49, X
Susquehanna River Basin Commission 18, VIII
Technology Administration 15, XI
Technology Policy, Assistant Secretary for 37, IV
Tennessee Valley Authority 5, LXIX; 18, XIII
Thrift Supervision Office, Department of the 12, V
Treasury
Trade Representative, United States, Office of 15, XX
Transportation, Department of 2, XII; 5, L
Commercial Space Transportation 14, III
Contract Appeals, Board of 48, 63
Emergency Management and Assistance 44, IV
Federal Acquisition Regulation 48, 12
Federal Aviation Administration 14, I
Federal Highway Administration 23, I, II
Federal Motor Carrier Safety Administration 49, III
Federal Railroad Administration 49, II
Federal Transit Administration 49, VI
Maritime Administration 46, II
National Highway Traffic Safety Administration 23, II, III; 47, IV; 49, V
Pipeline and Hazardous Materials Safety 49, I
Administration
Saint Lawrence Seaway Development Corporation 33, IV
Secretary of Transportation, Office of 14, II; 49, Subtitle A
Surface Transportation Board 49, X
Transportation Statistics Bureau 49, XI
Transportation, Office of 7, XXXIII
Transportation Security Administration 49, XII
Transportation Statistics Bureau 49, XI
Travel Allowances, Temporary Duty (TDY) 41, 301
Treasury Department 5, XXI; 12, XV; 17, IV;
31, IX
Alcohol and Tobacco Tax and Trade Bureau 27, I
Community Development Financial Institutions 12, XVIII
Fund
Comptroller of the Currency 12, I
Customs and Border Protection 19, I
Engraving and Printing, Bureau of 31, VI
Federal Acquisition Regulation 48, 10
Federal Claims Collection Standards 31, IX
Federal Law Enforcement Training Center 31, VII
Financial Crimes Enforcement Network 31, X
Fiscal Service 31, II
Foreign Assets Control, Office of 31, V
Internal Revenue Service 26, I
Investment Security, Office of 31, VIII
Monetary Offices 31, I
Secret Service 31, IV
Secretary of the Treasury, Office of 31, Subtitle A
Thrift Supervision, Office of 12, V
Truman, Harry S. Scholarship Foundation 45, XVIII
United States and Canada, International Joint 22, IV
Commission
United States and Mexico, International Boundary 22, XI
and Water Commission, United States Section
U.S. Copyright Office 37, II

[[Page 806]]

Utah Reclamation Mitigation and Conservation 43, III
Commission
Veterans Affairs Department 2, VIII; 38, I
Federal Acquisition Regulation 48, 8
Veterans' Employment and Training Service, 41, 61; 20, IX
Office of the Assistant Secretary for
Vice President of the United States, Office of 32, XXVIII
Vocational and Adult Education, Office of 34, IV
Wage and Hour Division 29, V
Water Resources Council 18, VI
Workers' Compensation Programs, Office of 20, I
World Agricultural Outlook Board 7, XXXVIII

[[Page 807]]

List of CFR Sections Affected

All changes in this volume of the Code of Federal Regulations (CFR) that
were made by documents published in the Federal Register since January
1, 2009 are enumerated in the following list. Entries indicate the
nature of the changes effected. Page numbers refer to Federal Register
pages. The user should consult the entries for chapters, parts and
subparts as well as sections for revisions.
For changes to this volume of the CFR prior to this listing, consult the
annual edition of the monthly List of CFR Sections Affected (LSA). The
LSA is available at www.fdsys.gov. For changes to this volume of the CFR
prior to 2001, see the ``List of CFR Sections Affected, 1949-1963, 1964-
1972, 1973-1985, and 1986-2000'' published in 11 separate volumes. The
``List of CFR Sections Affected 1986-2000'' is available at
www.fdsys.gov.

2009

40 CFR
74 FR
Page
Chapter I
52.1070 (b) through (e) revised....................................11648
(c) table amended.......................................12559, 56119
(c) table correctly amended....................................24704
52.1072 (d) table removed..........................................12559
(d) correctly removed..........................................24705
52.1073 (e) table removed..........................................12559
(e) correctly removed..........................................24705
52.1081 Added.......................................................1148
Existing text designated as (a); (b) added.....................60203
52.1084 Removed....................................................56120
52.1085 Removed....................................................56120
52.1170 (c) table amended; eff. 7-21-09............................23954
(e) table amended..............................................30952
(c) table amended..............................................41640
52.1174 (z) added..................................................30952
52.1220 (d) table amended.....................18140, 18637, 18640, 63069
(d) table amended; eff. 7-20-09................................23635
52.1240 (b) added..................................................56726
52.1241 Existing text designated as (a); (b) added.................56726
52.1280 (a) revised................................................55143
52.1320 (b) through (e) revised....................................51784
(c) table amended..............................................68691
52.1420 (b) through (e) revised....................................37940
52.1470 (c)(48)(i)(A)(2), (71)(i)(A)(3) and (4) added...............3976
(c)(66)(i)(A)(4) added.........................................15220
(c)(2)(i), (14)(vii)(A), (16)(viii)(D) and (ix)(A) added......51798,
57053
Regulation at 74 FR 51798 withdrawn............................57048
52.1520 Rdesignated as 52.1535; new 52.1520 added..................50120
52.1534 (d) added...................................................8867
52.1535 Redesignated from 52.1520; heading and (a) revised.........50120
52.1570 (c)(86) added..............................................14736
(c)(87) added..................................................17782
52.1582 (l) added..................................................15865
(m) added......................................................22840
(l) revised....................................................63995
52.1605 Table amended..............................................17783
52.1620 (c) table amended...................................14733, 46913
52.1683 (f)(1) revised; (f)(2)(i) and (ii) amended; (f)(2)(iv)
through (vii) added........................................63995
52.1770 (c) Table 1 amended........................................62498
(e) table amended..............................................63998
52.1778 (c) revised................................................55143
52.1820 (b) through (e) revised.......18142, 41275, 41276, 42264, 46201,
67778
52.1870 (c)(146) added.............................................37172
(c)(147) added.................................................40747
(c)(140) revised...............................................48863
(c)(144) added.................................................52693
52.1880 (k) added..................................................60203
52.1885 (ff)(8) and (hh) added.....................................47411
(ff)(9), (hh)(2), (ii) and (jj) added..........................47421
52.1891 Removed....................................................48863
52.1892 Removed....................................................48863

[[Page 808]]

2010

40 CFR
75 FR
Page
Chapter I
52.1022 Revised....................................................82555
52.1070 (c) table amended...........................................6309
(e) table amended; eff. 7-6-10.................................31710
(e) table amended; eff. 7-12-10................................33173
(c) table amended; eff. 8-17-10................................34646
Regulation at 75 FR 34646 withdrawn............................48860
(c) table amended................................59086, 59089, 59975
Regulation at 75 FR 59975 withdrawn............................72963
52.1073 (h) added..................................................82556
52.1075 Heading revised; (i) added; eff. 7-6-10....................31711
(j) added; eff. 7-12-10........................................33174
52.1076 (s) and (t) added; eff. 7-12-10............................33174
52.1170 (c) table amended...................................14354, 59083
52.1174 (aa) and (bb) added........................................58314
52.1180 (c) revised................................................55275
52.1220 (d) table amended..............11464, 45482, 48867, 78605, 81473
52.1233 Existing text designated as (a); (b) added.................82266
52.1234 (c) revised................................................55276
52.1237 (e) added..................................................54778
52.1270 (b) and (c) revised.........................................1714
(c) table amended.......................................79302, 81863
52.1272 Revised....................................................82556
52.1320 (c) table amended...................................48582, 64954
52.1323 (n) added..................................................82557
52.1370 (c)(68) added.........................................3996, 4700
52.1420 (c) table amended..........................................48584
52.1470 (c)(73), (74) and (75) added...............................59093
52.1570 (c)(88) added..............................................45484
(c)(88)(i) revised; (c)(89) added..............................80342
52.1576 Removed....................................................45485
52.1582 (m)(6) revised.............................................80342
52.1602 (c) added..................................................69591
52.1605 Table amended.......................................45485, 80342
52.1620 (c) table amended................5701, 6815, 20925, 21172, 48863
(e) table amended..............................................17871
Regulation at 75 FR 17871 withdrawn............................23167
(e) table amended; eff. 7-12-10................................33189
(e) table amended..............................................68448
(c) table and (e) table amended................................72694
52.1670 (c)(114) added.............................................29898
(c)(115) added.................................................70142
52.1678 (e) added..................................................69591
52.1679 Table amended.......................................29899, 70142
52.1683 (k) added..................................................43069
52.1689 Removed....................................................70143
52.1772 (c) added..................................................82558
52.1781 (e) added.....................................................56
(f) added........................................................232
(e) correctly revised..........................................75626
(f) correctly revised..........................................75627
52.1820 (c) table and (e) table amended; eff. 7-6-10...............31305
(e) table amended..............................................71028
52.1870 (c)(145) added..............................................8500
(c)(148) added; eff. 7-9-10....................................25772
(c)(102)(i)(C)(1) and (149) added; eff. 7-21-10................34940
(c)(150) added.................................................65572
(c)(151) added.................................................65574
52.1873 Revised....................................................82559
52.1884 (c) revised................................................55276
52.1885 (ff)(10) and (hh)(3) added.................................26120
(kk) added.....................................................50712
(ff)(11) added.................................................72956
52.1890 (d) added..................................................65572
52.1919 (b) added..................................................50712
(c) added......................................................65572
52.1920 (c) table and (e) table amended............................72701
52.1929 (c) added..................................................82559
52.1987 Revised....................................................82254

2011

40 CFR
76 FR
Page
Chapter I
52.1020 (e) table amended..........................................40257
(b)(3) revised.................................................49671
52.1070 (c) table amended...4536, 9652, 9658, 59254, 64017, 64022, 64239
(c) table amended; eff. 7-11-11................................27612
(b) revised; (c) table, (d) table and (e) table amended........52280
(e) table amended.......................................58119, 72625
52.1075 (k) added..................................................58119
52.1076 (u) and (v) added..........................................58119
52.1084 Added......................................................48366
52.1085 Added......................................................48367
52.1132 (e) added..................................................27910
52.1170 (e) table amended..........................................41085
52.1186 (c) and (d) added..........................................48367
(e) added......................................................80774
52.1187 Existing text designated as (a); (b) and (c) added.........48368
52.1220 (d) table amended...........................................2266
(e) table amended..............................................41085
(c) table amended..............................................49306
52.1240 (c) added..................................................48368
52.1241 (c) added..................................................48368

[[Page 809]]

52.1270 (c) table correctly amended.................................2591
(e) added......................................................41134
52.1272 Revised.....................................................5276
52.1284 Added......................................................48368
52.1320 (c) table amended....................................4078, 11085
(e) table amended.......................................40624, 77703
52.1326 Added......................................................48369
(b) added......................................................80775
52.1327 Added......................................................48369
52.1341 Added......................................................29656
52.1342 Revised....................................................43601
52.1370 (c)(71) added..............................................14587
(c)(49)(i)(F), (55)(i)(B) and (70) added.......................40241
52.1394 Added......................................................43923
52.1420 (c) table amended..........................................15855
(e) table amended..............................................40261
52.1428 Added......................................................48369
52.1429 Added......................................................48369
52.1520 (e) table amended..........................................40257
(b)(3) revised.................................................49672
52.1534 (e) added..................................................14807
52.1570 (c)(90) added..............................................70353
52.1584 (c), (d) and (e) added.....................................48370
52.1585 Existing text designated as (a); (b) and (c) added.........48370
52.1620 (e) table amended; eff. 7-15-11............................28187
(c) table and (e) table amended................................41703
(c) table amended.......................................43153, 81837
52.1628 Added......................................................52439
52.1629 Added......................................................52440
52.1634 (a) revised................................................41705
(d) removed....................................................43153
(d) and (e) removed............................................81838
52.1640 (c)(66)(i)(B) revised......................................41705
52.1670 Redesignated as 52.1689; new 52.1670 added.................41707
(e) table amended..............................................51266
52.1679 Removed....................................................41712
52.1683 (l) added..................................................51266
52.1684 Revised....................................................48371
52.1685 Added......................................................48371
52.1689 Redesignated from 52.1670; heading and (a) revised.........41707
52.1770 (c) Table 1 amended........................................49317
(a) Table 1 amended............................................64244
(e) table correctly amended.............................71454, 71458
52.1772 (c) removed................................................64244
52.1779 Added......................................................70659
52.1781 (g) added..................................................43175
(h) added......................................................59251
52.1784 Revised....................................................48371
52.1785 Revised....................................................48372
52.1820 (c) table and (e) table amended............................68321
52.1870 (c)(142) removed...........................................11083
(c)(152) added.................................................18894
(c)(138) correctly revised.....................................40247
(c)(153) added.................................................41088
(c)(114)(i)(A) revised; (c)(154) added.........................51902
52.1880 (l) added..................................................43180
(m) added......................................................55544
(n) added......................................................56643
(o) added......................................................60376
(p) and (q) added.......................................64837, 80260
Regulation at 76 FR 64837 withdrawn............................76048
52.1882 Added......................................................48372
52.1883 Added......................................................48372
52.1891 Added......................................................41086
52.1892 Added......................................................55544
Existing text designated as (a); (b) added.....................56643
(c) added......................................................60376
(d) added......................................................75467
52.1920 (c) table and (e) tables amended...........................81757
(e) table amended..............................................81839
52.1923 Added......................................................81758
52.1928 Added......................................................81759
52.1929 (c)(4)(iii) correctly revised..............................11965
52.1989 Added; eff. 7-11-11........................................33651

2012

40 CFR
77 FR
Page
Chapter I
52.1019 Added......................................................63232
52.1020 (c) table, (d) table and (e) table amended..........24390, 30217
(e) table amended..............................................63232
52.1070 (c) table amended......................6969, 43001, 44148, 59095
(c) table corrected............................................52605
(d) table amended; eff. 7-2-12.................................25903
(d) table amended; eff. 7-3-12.................................26440
(c) table amended; eff. 7-16-12................................28492
(c) table amended; eff. 8-13-12................................34809
(e) table amended...........39943, 41279, 61515, 65490, 72967, 73315
(c) table and (e) table amended................................45952
(c) table corrected............................................52605
52.1073 (h) correctly removed......................................52605
52.1075 (l) added..................................................61515
(m) added......................................................72968

[[Page 810]]

(n) added......................................................73316
52.1076 (w) added..................................................11741
(x) added......................................................17343
(y) added; eff. 7-12-12........................................34819
(z) added......................................................65490
52.1081 (c) added..................................................30212
52.1082 Added.......................................................1413
(c) added......................................................11741
(d) added......................................................17344
(e) added......................................................30212
(f) and (g) added; eff. 7-12-12................................34819
52.1125 (d) added..................................................50601
52.1129 (e) added..................................................25363
(f) and (g) added..............................................31498
(h) added; eff. 7-19-12........................................36405
(i) added......................................................50601
52.1131 (b) through (g) added......................................63233
52.1170 (c) table amended..........................................56125
(e) table amended................................65487, 66548, 71549
52.1173 (h) and (i) added..........................................66547
52.1183 (a) revised; (d), (e) and (f) added; eff. 8-6-12...........33657
(g), (h) and (i) added.........................................71550
52.1220 (d) table and (e) table amended; eff. 7-12-12..............34807
(e) table amended..............................................65487
52.1270 (e) table amended; eff. 7-27-12............................38198
(c) table amended..............................................59100
(e) table amended................................61278, 61281, 61727
52.1279 Added; eff. 8-6-12.........................................33657
52.1280 Revised....................................................23398
52.1320 (c) table amended...............3146, 11750, 22504, 56557, 58311
(e) table amended...............................................3147
(d) table and (e) table amended.................................9531
(d) table and (e) table amended; eff. 7-26-12..................38011
52.1323 (o) added...................................................3147
(n) removed....................................................22504
52.1339 (a) revised; (d), (e) and (f) added; eff. 8-6-12...........33657
(c) revised; eff. 8-6-12.......................................38011
52.1341 Revised; eff. 7-27-12......................................38185
52.1342 (a) revised................................................25366
52.1370 (c)(72) added...............................................7534
(c)(27)(i)(H) revised..........................................57915
52.1395 Added......................................................57915
52.1396 Added......................................................57915
52.1420 (d) heading revised; (d) table and (e) table amended.......40168
52.1437 Added......................................................40169
52.1470 Redesignated as 52.1490; new 52.1570 added.................14864
(c) Table 1 and (e) table amended.......................17340, 50951
(c) Table 1 amended............................................59327
(c) Table 7 amended............................................60916
(c) Table 3 amended............................................64049
(e) table amended..............................................64745
52.1472 (d), (e) and (f) added.....................................64748
52.1488 (e) added..................................................17341
(e) revised; (f) added.........................................50951
52.1490 Redesignated from 52.1470..................................14864
52.1491 Added......................................................17341
52.1519 (a)(3) and (4) added.......................................63233
52.1520 (c) table amended....................................5702, 50610
(c) table, (d) table and (e) table amended..............50607, 66395
(e) table amended..............................................63233
(c) table and (e) table amended................................66926
52.1522 (c) removed.................................................5703
52.1534 (f) added..................................................31498
(g) and (h) added..............................................65627
52.1570 (c)(91) added.................................................21
(c)(92) added..................................................15265
52.1573 Existing text designated as (a); (b) added....................21
52.1576 Added................................................3151, 17344
Regulation at 77 FR 3151 withdrawn.............................14697
Existing text designated as (a); (b) added.....................28785
Existing text designated as (a); (c) and (d) added; eff. 7-18-
12.................................................................36169
Correctly revised..............................................47534
52.1582 (n) added..................................................17344
(n) redesignated as (n)(1); (n)(2) added; eff. 7-18-12.........36169
52.1602 (d) added............................................3151, 28785
Regulation at 77 FR 3151 withdrawn.............................14697
(e) added......................................................76871
52.1605 Table amended..........................................21, 15266
52.1606 Revised.......................................................21
52.1620 (c) table amended............................18929, 30901, 65823
(c) table amended; eff. 8-13-12................................35278
(c) table and (e) table amended..................58034, 70706, 71128
52.1628 Stayed to 10-15-12.........................................41699
Stayed from 10-15-12 to 11-29-12...............................64908
52.1634 (c) revised................................................58035
52.1670 (c) table amended...................................11743, 13977
(c) table, (d) table and (e) table amended.....................51926
52.1678 (f) added..................................................76871
52.1679 Added; eff. 7-18-12........................................36169
52.1683 (f)(2)(viii) added; eff. 7-18-12...........................36170

[[Page 811]]

52.1686 Added......................................................51928
52.1770 (e) table amended.......................3616, 5706, 59338, 62166
(c) Table 1 amended............................................24384
(e) table amended; eff. 7-3-12.................................26444
(e) revised....................................................63238
(c) table and (e) table amended; eff. 7-27-12..................38191
52.1773 Added.......................................................5706
Existing text designated as (a); (b) added.....................63238
52.1776 Added; eff. 8-6-12.........................................33658
52.1778 (c) revised................................................23398
52.1779 (b) added..................................................13494
52.1820 (c) table and (e) table amended; (d) table revised.........20941
(e) table amended..............................................57031
(c) table amended..............................................64736
52.1825 Added......................................................20944
52.1833 Added......................................................57032
52.1870 (c)(155) added.............................................39180
(c)(42), (51), (98)(i) and (119)(i)(A) revised; (c)(156) added
59754
Regulation at 77 FR 59754 withdrawn............................70122
52.1880 (r) added..................................................28265
(p)(2) and (q)(2) added........................................76896
52.1886 Added; eff. 8-6-12.........................................33658
52.1891 (c) added..................................................65488
52.1920 (e) table amended...........................................3934
52.1970 (c)(151)(ii)(B) added......................................50613
(c)(139)(i)(C) added...........................................60629
52.1973 (g)(2) added...............................................50613
52.1991 Added......................................................29905

2013

40 CFR
78 FR
Page
Chapter I
52.1070 (c) table amended................5291, 9595, 13498, 59242, 73444
(d) table amended........................................9317, 34911
(c) table amended; eff. 7-11-13................................34914
52.1072 Removed; eff. 8-5-13.......................................33984
52.1073 (b), (c) and (d) removed; eff. 8-5-13......................33984
52.1074 Removed; eff. 8-5-13.......................................33984
52.1077 Removed; eff. 8-5-13.......................................33984
52.1078 Removed; eff. 8-5-13.......................................33984
52.1079 Removed; eff. 8-5-13.......................................33984
52.1100 Revised; eff. 8-5-13.......................................33984
52.1118 Removed; eff. 8-5-13.......................................33984
52.1120 (c)(137) added..............................................5301
(c)(138) added.................................................54961
(c)(139) added.................................................57493
52.1129 (j) added..................................................54961
52.1167 Table amended.................................5302, 54962, 57494
52.1170 (e) table amended..........................................53274
(c) table amended..............................................76066
52.1173 (j) and (k) added..........................................53274
52.1183 (k) through (n) added.......................................8733
(o) added......................................................59839
52.1220 (d) table amended...........................................6735
Regulation at 78 FR 6735 withdrawn.............................18241
(d) table amended..............................................28503
52.1235 Added.......................................................8738
52.1236 (d) added..................................................59839
52.1270 (c) and (e) amended........................................20795
(e) table amended.......................................21845, 67955
52.1278 Designated as (a); (b) added...............................20796
52.1320 (c) table amended........5304, 11759, 19604, 53249, 57269, 69997
(c) table and (e) table amended; eff. 7-22-13..................37461
(b)(3) revised.................................................37976
52.1370 (c)(73) added..............................................69299
52.1393 Heading revised; section designated (a); (b) added.........45871
52.1394 Section designated as (a); (b) added.......................45866
52.1420 (b)(3) revised.............................................37976
52.1470 (e) table amended...........................................1152
52.1488 (f)(3) revised.............................................53037
52.1520 (c) table and (e) table amended.............................5302
52.1520 (c) table amended..........................................71507
52.1534 (i) added...................................................6743
52.1574 Removed; eff. 7-15-13......................................35765
52.1575 Removed; eff. 7-15-13......................................35765
52.1582 (o) added...................................................9597
52.1586 Added; eff. 7-15-13........................................35765
52.1602 (e) added....................................................885
(f), (g) and (h) added.........................................54398
52.1620 (e) table amended....................................4338, 40967
(c) table amended.........................................4341,75254
(c) table and (e) table amended................................15298
Table corrected.................................................9828
52.1670 (e) table amended...........................................9597
Heading,(c) table and (e) table amended; eff. 7-22-13..........37124
(c) table amended..............................................41849
52.1678 (g) added..................................................72033
52.1683 (m) added...................................................9598
52.1770 (c) table 1 amended..........................27067, 44892, 58186
(c) table 1 amended; eff 7-15-13...............................28749
Regulation at 78 FR 28749 withdrawn in part....................41851
(e) table amended.................................12243,72039, 78272

[[Page 812]]

Regulation at 78 FR 12243 withdrawn............................22198
(e) table amended; eff. 7-22-13................................37122
52.1773 (c) added..................................................18244
52.1820 (c) table and (e) table amended............................45867
52.1829 (c) and (d) added..........................................45868
52.1833 Section designated as (a); (b) added.......................45458
(c) added......................................................45869
52.1870 (c)(42), (51), (98)(i) and (119)(i)(A) revised; (c)(156)
added......................................................11750
(c)(157) added.................................................19130
(c)(151)(i)(A) correctly revised...............................19991
(c)(158) added.................................................24991
(c)(159) added.................................................68370
(c)(160) added.................................................69301
52.1880 (p)(3), (4), (q)(3) and (4) added..........................53277
(p)(6), (q)(6), (s)(2) and (t)(2) added........................57271
(p)(5), (q)(5), (s) and (t) added..............................57275
(p)(7) and (q)(7) added........................................59260
(p)(8), (q)(8), (s)(3) and (t)(3) added........................62461
(p)(9) and (q)(9) added........................................66847
52.1881 (a)(4) revised.............................................69302
52.1885 (ff)(12) added..............................................6041
(ff)(13) added.................................................16790
(ff)(14) added; eff. 7-15-13...................................28501
(ff)(15) added; eff. 8-12-13...................................34906
(ff)(16) added; eff. 8-12-13...................................34910
(ff)(17) through (20) added....................................63393
52.1892 (e) added..................................................66283
52.1919 (c) removed................................................19130
52.1970 (c)(155) added.............................................21555
(c)(116)(i)(D) and (156).......................................24349
(c)(139)(i)(D), (E), (153)(i)(H), (I) and (157) added; eff. 7-
22-13..............................................................37126
Redesignated as 52.1974; new section added.....................74015
52.1973 (e)(6) added...............................................21555
52.1974 Redesignated from 52.1970..................................74015
Heading and (a) amended........................................74040
52.1991 Undesignated text redesignated as (a); (b) added...........46516

2014

(Regulations published from January 1, 2014, through July 1, 2014)

40 CFR
79 FR
Page
Chapter I
52.1020 (c) table amended; eff. 8-25-14............................35698
52.1120 (c)(140) added.............................................22775
(c)(141) added.................................................30741
52.1167 Table amended.......................................22776, 30741
Table correctly amended........................................29361
52.1170 (c) table amended..........................................18804
52.1270 (e) table amended..........................................26148
52.1272 Revised....................................................30051
52.1281 Revised....................................................30051
52.1320 (c) amended; (e)(55) revised.................................582
(c) table amended.........................12396, 14615, 15018, 21139
52.1470 (e) table amended..........................................15702
(b) and (c) revised............................................35052
52.1472 (g) added..................................................15702
52.1483 (a)(1)(iv) added...........................................13567
52.1520 (d) table correctly amended................................20099
(c) table amended..............................................30736
(c) table amended; eff. 8-25-14................................35699
52.1528 (e) added..................................................13256
52.1620 (c) table amended...........................................9100
52.1670 (c) table amended..........................................12084
(e) table amended.......................................21860, 31046
52.1678 (h), (i) and (j) added.....................................21860
52.1682 (d) added..................................................31046
52.1683 (b) added..................................................12084
52.1770 (e) table amended................................50, 4085, 26149
(c) table amended; eff. 7-30-14................................36657
52.1772 (a) revised................................................30051
52.1778 (c) revised................................................30051
52.1780 Removed....................................................30051
52.1783 Revised....................................................30051
52.1820 (c) table amended..........................................25023
52.1891 (d) added..................................................19001
52.1920 (d) table and (e) table amended............................12953
52.1923 Heading, (a), (c) and (e)(1) revised.......................12956
52.1928 (c) revised; (d) added.....................................12954
52.1970 (c)(139)(ii)(C) introductory text, (1) and (2) correctly
redesignated as (c)(139)(i)(C), (1) and (2); CFR
correction..................................................3507
(e) table amended..............................................29360
(c) table amended; eff. 7-24-14................................35694
52.1991 (c) added; eff. 7-24-14....................................35695

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